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Implementation of Priority LWRP Projects
Appendix B (Budget Detail Sheet) A. SALARIES & WAGESTiTLE (See Attachment A) SUBTOTAL ANNUAL SALARY. AMOUNT CHARGED TO THIS PROJECT B. TRAVEL SUBTOTAL $ 450 C. SUPPLIES/MATERIALS SUBTOTAL $ 2,350 D. EQUIPMENT SUBTOTAL $12,000 E. CONTRACTUAL SERVICES SUBTOTAL $ 80,709,00 F. OTHER SUBTOTAL $ 0 Revised Budget for C006213 DOS Task I. Task II. Task HI. Task IV. Erosion Management Measures 4,000 Implementation Education Program 6,500 Bay and Creek Mooring Plan 14,500 Wetlands Reformulation 25,000 Totals 50,000 DOS - Department of State TOS - Town of Southold CCE - Comell Cooperative Extension/Suffolk TOS CCE Match Match 4,987 11,019 6,213 8,490 30,709 Budget Explanation CCE Subcontract = $50,000 from DOS and $30,709CCE Match Task I. Erosion Management Measures Direct Salary Costs Salaries Fringe Benefits(33.96%) Direct non-salary costs Printing Travel Equipment Materials Supplies DOS CCE Match 2,850 3,000 1,987 1,000 150 Task II. Implementation Education Program Direct Salary Costs Salaries Fringe Benefits (33.96%) Direct non-salary costs Printing Travel Equipment Materials Supplies 3,000 1,019 1,350 150 2,000 10,000 Task III. Bay and Mooring Management Plan (including docks) Direct Salary Costs Salaries 14,350 1,000 Fringe Benefits(33.96%) 5,213 Direct non-salary costs Printing Travel 150 Equipment Materials Supplies Task IV. Wetlands Regulations Reformulation Direct Salary Costs Salaries Fringe Benefits (33.96%) Direct non-salary costs Printing Travel Equipment Materials Supplies 25,000 8,490 Totals 50,000 30,709 Budget breakdown description DOS Funds Total salaries = DOS funding - $45,200 Chris Smith, Marine Program Director, annual $84,850 (28,815 fringe) $17,200 Chris Pickerell, Wetlands Specialist, annual $50,523 (17,158 fringe) $25,000 Mary Morgan, Extension Educator, annual $40,400 (13,792) $1,500 Rory MacNish, Technician, annual $35,339 (12,001 fringe) $1,500 Total salaries $45,200 Printing = DOS funding - $2,350 This budget will include printing pamphlets that will explain the erosion and sediment control management measures as well as pamphlets featuring the implementation results and description of the LWRP program for distribution at Southold Town Hall. Equipment = DOS funding - $2,000 This will go towards purchase of a display for Town Hall that will feature the LWRP and have educational information in it and to hand out. Travel = DOS funding - $450 This budget are mileage fees for vehicle use which is set by the CCE Board of Directors at 32.5 cents per mile for 1,385 miles. CCE Match Chris Smith direct salary match from Suffolk County of ....................... $1,500 Emerson Hasbrouck direct salary match from Suffolk County ................. $1,500 Ronnie Matovcik direct salary match from Suffolk County ..................... $1,000 Fringe benefits on all salaries including funds from DOS and CCE .......... $16,725 Production of a broadcast quality I0 minute video at $1,000/minute .........$10,000 Total Match from CCE $30,725 CCE charges $1,000 per minute for a broadcast quality video that includes use of cameras, editing equipment, lights, scripting and post production. WORK PROGRAM COVER SHEET Name and Address of municipality: Federal Tax Il)g: A163554 Title of project: Department liaison: Community contact: Address (if different above): Tel. No. 631-765-1938 Department reviewer: Returned for revisions: Town of Southold P.O. Box 1179 53095 Route 25 Southold, NY 11971-0959 Implementation of Priority LWRP Projects Steve Ridler Valerie Scopaz P.O. Box 1179 53095 Route 25 Southold, NY 11971-0959 Fax No. 631-765-3136 Date: Revision: Date: Revision: Approved: Date: Signature: Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel C. Supplies/Materials D. Equipment E. Contractual Services F. Other $19,291.00 $0.00 $0.00 $0.00 $80,709.00 $0.00 TOTAL PROJECT COST $100,000.00 Total State Funds (50 % of Total) Total Local Share (50% of Total) $50,000.00 $50,000.00 Appendix B (Budget Detail Sheet) B-2 A. SALARIES & WAGES TITLE ANNUAL SALARY AMOUNT CHARGED TO THIS PROJECT Senior Environmental Planner $48,400.00 $9,307.00 Town Attorney $70,359.00 $464.00 Technical Coordinator $61,227.58 $1,480.00 Supervisor's Assistant $44,720.00 $1,229.00 Administrative Assistant $35,981.09 $989.00 Senior Environmental Planner $48,400.00 $984.00 Town Planner $60,035.87 $396.00 Fringe for above employees ~37% $136,225.00 $4,442.00 SUBTOTAL $19,291.00 B. TRAVEL SUBTOTAL $ 0.00 C. SUPPLIES/MATERIALS SUBTOTAL $ 0.00 D. EQUIPMENT SUBTOTAL $ 0.00 E. CONTRACTUAL SERVICES Services from Cornell Cooperative Extension or other consultant: Bay and Creek Mooring PI,,,, - Analysis of alternative approaches Erosion Management Measures - Analysis of alternative approaches Implementation Education Program Wetlands Reformulation SUBTOTAL $ 80,709.00 F. OTHER SUBTOTAL $ 0.00 Contractor: Program Contact Person: Phone: (Office) (Fax) APPENDIX D PROGRAM WORK PLAN Town of Southold Valerie Scopaz, Town Planner 631-765-1938 631-765-3136 Implementation of Priority LWRP Projects Project Description The Town of Southold has completed a Draft Local Waterfront Revitalization Program (LWRP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of priority projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconic Estuary Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program. These include the analysis of alternative approaches for the management of moorings in the v.~v,~.,~tl .... f ...... i,.s vl .... £,~, the Peconic Estuary and associated creeks, th,~ d,~v~l,,v..,,,,t ,~f the evaluation of alternative approaches to sedimentation and erosion management measures, development of an educational program regarding the LWRP, and reformulation of wetlands legislation to address Board of Trustees needs. This will further work developed under previous LWRP grants from the EPF. The Town of Southold has developed a partnership and contracted with the Marine Program of Cornell Cooperative Extension of Suffolk County to complete work related to the implementation of the Town's LWRP. This partnership will be extended to cover the tasks associated with this work plan. Project Attribution and Number of Copies The applicant must ensure that all materials printed, constructed, and/or produced reflect the Department of State, Division of Coastal Resources logo, and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphics, final design documents, and other printed materials. Component Tasks D-2 Task 1: Project Scoping The Town of Southold, the Department of State, and Comell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination of local responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee, determine its composition. A brief meeting summary will be prepared indicating the agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draft contract with Cornell Cooperative Extension. The contract shall contain a detailed work plan with adequate opportunity to review stages in completion of the products, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. The draft contract will be submitted to the Department of State for review and approval. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to release for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task 4: Consultant Selection (if required) In consultation with Department of State, the Town of Southold shall review all proposals received as a result of the RFP. The consultant selected is subject to approval by the Department of State. Product: Consultant selected. D-3 Task Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct the work with the selected consultant. The contract will contain a detailed work plan with adequate opportunity to review stages in completion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to the Department of State for review. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract Task 6: Project Scoping Session (if required) The Town of Southold, the Department of State, Cornell Cooperative Extension and the consultant shall hold an initial meeting to review project requirements and site conditions and to transfer any information to the consultant which would assist in completion of the project. A brief meeting summary will be prepared to clearly indicate the agreements/understandings reached at the meeting. Product: Scoping meeting with appropriate parties. Meeting summary with note of agreements/understandings reached. Task 7. Analysis of alternative approaches for the management of moorings in the Town of In preparing analysis of alternative approaches for the management of moorings in the Town of Southold, the Town of Southold will focus on the Peconic Estuary and associated creeks the Town will: Collect and analyze existing data on the location and use of moorings, including collecting new data through the use GPS and GIS technology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. Evaluate examples of alternative approaches for the management of moorings l¥om other appropriate communities. D-4 ........ p .................. ~ ................................... ~ ....... ~, ............. The ana sisof alternative approaches for the management of moorings will build on information contained in the Draft LWRP and the Town of Southold Harbor Management Plan (1995). Department of State review of interim products and approval of final products is required. Product: Analysis of alternative approaches for the management of moorings Task 8. Evaluation of Erosion Management Measures The Town of Southold will evaluate alternative approaches to erosion and sediment management measures from other appropriate municipalities, hL },ic~,a,.ilig ,~ios.[6ii ......... Product(s): Evaluation of alternative approaches to erosion and sediment management Task 9. Reformulation of Wetlands Legislation The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committee will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalities in Suffolk County. Using existing studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetland conditions in Southold and will also provide a benchmark against which future monitoring on the effectiveness of regulation and management can be based. D-5 The Committee will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. Department of State review of interim products and approval of final products is required. The Committee will make recommendations to the Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Identified wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s). Task 10. Development of an LWRP Educational Program The Town of Southold will develop an LWRP Educational Program. This program will identify both short-term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. Department of State review of interim products and approval of final products is required. Product(s): Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports The Town of Southold shall submit to the Department of State quarterly reports on the form provided, including the extent of work accomplished, any problems encountered, and any assistance needed. If a quarterly payment request is submitted, the quarterly report may be submitted as part of the payment request. Products: Quarterly reports during the life of the contract. Task 12: Project completion and Measurable Results Upon completion of the project, the consultant shall submit a statement to the Town of Southold that the work has been completed in accordance with the contract and all permit reqnimments, where applicable. The consultant shall provide the municipality with all reports, analysis, data, GIS layers, and products as specified in this work program. The Department of State shall D-6 concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Department of State for final payment of grant funds. The municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State. Product: Completed Measurable Results form. 4. Project Management Responsibilities: Town of Southold The Town of Southold is responsible for ensuring completion of all work program tasks, reporting on progress and obtaining required approvals from the Department of State, and providing the Department of State with copies of materials produced. · The Town of Southold is responsible for soliciting input and comments from key local official staff, project participants, and other appropriate interests. · The Town of Southold will secure all necessary permits and perform all required environmental reviews, where applicable. The Town of Southold is required to conduct meetings at appropriate intervals from the outset of and during the project to solicit concerns, comments and suggestions. Meetings should involve appropriate local officials, the Department of State and other appropriate government agencies, the project consultant, and other appropriate interests such as property owners, waterfront businesses, other private sector interests, project volunteers, civic groups, and the public at large. Public participation should occur early and consistently in the process through informational meetings, workshops, project presentations Consultant(s) · The consultant shall submit interim, draft, and final products to the Town of Southold and the Department of State. The submission of interim products is required to ensure the project is on schedule and project objectives are being achieved. Subsequent draft reports and products must respond to and reflect comments received from the Town of Southold and the Department of State to the satisfaction of the Town of Southold and the Department of State. Department of State The Department of State will review and approve the subcontract between the Town of Southold and the consultant. Approval by the Department of State of any and all consultant subcontracts is necessary before work can commence. · The Department of State shall participate in meetings that important to the project's completion · The Department of State will review all interim, draft, and final products and provide comments as necessary to ensure project objectives are achieved. Other Agencies Appropriate local, county, state, and federal agencies will be consulted. Interagency workshops/meetings may be conducted to improve communication and understanding about project objectives and needs; gain support from government agencies for permitting and financing; coordinate government agency actions; and to foster the redevelopment process. STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 1223 I -000 I GEORGE E PATAKI March l, 2005 RANDY A DANIELS Honorable Joshua Horton Supervisor Town of Southold Town Hall, 53095 Main Road PO Box l 179 Southold, NY 11971 Re: Agreement #C006213 Implementation of priority LWRP projects Dear Supervisor Horton: The Department of State is updating our contact information for the above cited Agreement. On the attached form, please add or revise information as necessary and fax back to us at (518) 473-2464. If you have any questions please contact me at (518) 473-2466 or lparent(c~dos.state.n¥.us. Truly yours, Laurissa Parent, Secretary 1 Division of Coastal Resources Enclosure cc: V. DeBraccio Valerie Scopaz Town of Southold - Agreement #C006213 Implementation of priority LWRP projects CONTACT INFORMATION UPDATE FORM PLEASE FAX COMPLETED FORM TO (518) 473-2464 No changes necessary [] Please make the following changes: Supervisor: CHANGES TO NAME/ADDRESS: Honorable Joshua Horton Supervisor Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 ~ Email Address: Phone Number: Fax Number: Please specify (or update information for) up to (2) people to be copied on ali project related correspondence from DOS: CHANGES TO NAME/ADDRESS: Ms. Valerie Scopaz Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Email Address: Phone Number: Fax Number: CHANGES TO NAME/ADDRESS: No cc listed Email Address: Phone Number: Fax Number: STATI~ OF NEW YORK DEPARTMENT OF STATE 4- [ STATE STREET ALBANY, NY. 1223 1-000 I GEORGE; F'. PATAKI February 14, 2005 RANDY A. DANIE:LS Honorable Joshua Horton Supervisor Town of Southold Town Hall, 53095 Main Road PO Box 1179 ' Southold, NY 11971 Re: Agreement ~C006213 Implementation of priority LWRP projects Dear Supervisor Horton: On January 21, 2005 we sent the attached letter to the Town of Southold which requested that a status report be submitted for the above cited Agreement. This report was to be submitted by February 7, 2005, however, it has not yet been received. Be advised that the Town's submission of this report is a contractual requirement set forth in Appendix D of the Agreement. Please note that since this Agreement has an ending date of March 31, 2005, costs incurred after that date cannot be reimbursed unless the Agreement is extended. Once the status report is received, we will determine whether the Agreement should be extended based on our review of the information provided. Please submit the status report and supporting products (if any) by Friday, March 4, 2005. If you have any questions please contact me at (518) 473-2466 or lparent~dos.state.ny.us. Enclosure cc: V. DeBraccio Truly yours, Laurissa Parent, Secretary 1 Division of Coastal Resources "UL'"'"" iff Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901-3071 January 5, 2005 Tel: 631 727-78,50 Fax: 631 727~7130 E-mail: suffolk~cornelLedu www. cce.comell.edu/suffolk Office of the Town Clerk Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 ATTN: Valerie Scopaz Dear Valerie: RE: Invoice for the period 6/1-7/31/04 Contract #TOS-CCE- 1-2002 As per Chris Smith, enclosed you will find a voucher along with supporting documentation as well as a new mooring code and progress report for the above- mentioned project. Thank you for your attention to this matter. Sincerely, Christine M. Christie Assistant Bookkeeper Enc. Building Strong and V~brant New York Communities Revised 8/26 & 8/27/03 Revised 8/2/04 (New chapter) Chapter 34 § 34-10. MOORING AND ANCHORING Mooring and anchoring. The Town of Southold permits temporary anchoring and the installation of moorings for boats in specified locations of town waters. The right to control these moorings emanates from ownership resulting from the Andros Patent as well as New York State law. The area of iurisdiction lies within all of the Town's Creeks and out into the Bay 1,500 2P~ffeet. The use of moorings has increased to such an extent that the number of moorings has begun to impair the fragile marine environment in the surrounding town waters. The Trustees of the Town of Southold (hereafter referred to as the "Trustees") therefore intend -v v.^ea'~_.~ re;; .'n to restrict and regulate temporary anchoring and the issuance of mooring permits in order to ensure their orderly and safe placement in town waters. This law is intended to: layout. Adopt permit procedures for designating mooring areas based on a mooring grid or B. Assign mooring sites in other waters where appropriate through use of alternative mooting techniques and better layout of moorings. C. Ensure protection of shellfish beds and eelgrass and submerged aquatic vegetation (SAV) habitat through better siting of moorings. D. Improve enforcement by establishing clear mooring identification systems. E. Establish minimum mooring tackle standards to increase safety_. F. Facilitate the removal of all Remp. vc illegal moorings. G. Revoke permits where mooring is not used by permit holder. H. Enforce existing mooring permits. I. Maintain a formal mooring application list and waiting list. J. Require appropriate and legitimate public or private access to the mooring. § 34-11. Permit required. No person shall place any moorings in or on any town waters or public lands under or adjacent to town waters in the Town of Southold without first obtaining a permit ~from the ............... : Trustees § 34-12. Issuance of permits The ............ .'n Trustees ar._~e .............................. ; authorized and empowered. A. To issue revocable permits for the placing of moorings in or on any town waters or public lands under or adjacent to town waters, provided that the same do not obstruct or interfere with navigation or the public use of said waters or lands. B. To establish and designate restricted areas in the Town of Southold wherein the mooring, anchoring or placing of boats shall be prohibited. C. To establish uniform fees for the issuance of permits required by this Article. § 34-13. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOAT or VESSEL - Any floating object capable of carrying people as a means of transportation in water, including any airplane capable of landing on water as well as any floating structure, excluding floating docks, not otherwise considered to be part of a dock structure as defined in Chapter 32, with or without means of propulsion that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed devices located above or below the mean high water mark. BOATYARD - A commercial facility having the primary function of building, repairing and/or maintaining vessels, with or without provision for sales of food and beverages, general supplies, fuel, vessels and equipment, rental of space for berthing or storing vessels, and/or the rental of commercial moorings. FLOAT1NG DOCK - Any structure, raft or floating platform which is designed to float upon the surface of a water body and is secured in place by poles, pilinE~, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point .......... HOLDING MOORING - A mooring used by a boatyard or marina for temporarily securing a vessel before its hauling or launching, and not for rental purposes. MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other watemraft, other than floating homes, and which may also be capable of removing any and all watercrafts moored or docked within the marina from the water for repair and/or storage. MOORING- Any of a number of different mechanical or cable-like systems the intended purpose of which is to permit the securing ora boat to a fixed location. Said system typically consists of an anchoring device (mushroom or other) which is placed on the bottom of the karbor -water body and is connected to a floating device (i.e., ball) by cables and/or lines. :ghe-tm:m MOORING AREA - Those underwater lands designated by the EouLhe!d Tc.v:r. Trustees as areas ly ' exclusive for the ............. : ....... * of boats or vessels. v .................. v ........... moonng MOORING GRID - -A configuration of mooring placements designed to optimize the utilization of the mooring area, based on a system of x-y grid plane coordinates, established by the National Ocean/National Geodetic Survey, that can be used for defining and stating the geographic positions or locations of points on the surface of the earth within a given area. MOORING PERMIT - Written approval of the_ ~ .............. Trustees reqmred to place a mooring on underwater lands as specified under this law. RIPARIAN OWNER - The person or persons having title in fee to the adjacent upland parcel, who possesses the common law tight of reasonable access~ such as a mooring or stake and pulley, to adjacent navigable waters. This shall include the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in the adjacent upland parcel. RIPARIAN OWNER MOORING - A private mooting, belonging to a waterfront property owner, the nsc of which is net limited to a specifically identified vessel. STAKE; MOOP~I'AG AND PULLEY SYSTEM - A system consisting of an in ground or equivalent stake above the mean high water mark and a razzing stake in the immediate adjacent waterways, both connected by lines and pulleys for the purposes of securing a vessel. For TEMPORARY ANCHORDqG - The securing of a boat by means of an anchor ea~t4ed-aboar4-th~ ~.~, ~ ..... ,a~,~ ~v,~,~ ~ ..... c_~_ .~ ~, ~c~ .... ~ ........ ~om the ~a. for less ~ 72 ho~s wi~n a single ~ater body. TOWN WATERS - All the creeks and coves including but not limited to ,nee,,'"'*tl;""~ Brushes Creek, Budd Pond, Cedar Beach Creek, Conkling Point, Corey Creek, Dam Pond, 3 Deephole Creek, Downs Creek, East Creek, Fishing Shack Creek, Goldsmiths Inlet, Goose Creek, Gull Pond, Hallocks Bay, Halls Creek, Harbor Lights, I-la~hamomuck Pond, Hay and Broadwaters Coves, James Creek, Jockey Creek, Little Creek, Mattituck Creek, Mud Creek. Petty's Pond, Pipes Cove, Richmond Creek, Sages Ba~in~ School House Creek, Shellfiaher Preserve, Spring Pond, Stirling Basin, Town Creek, West Creek, West Harbor, Wickham Creek: Wunneweta Pond. VESSEL CLASS - A vessel designation based on design characteristics, and in particular, a group of vessels whose hull dimensions fall within established limits. WINTER STAKE ~ A marker which replaces a mooring buoy and which bears the valid permit number as prescribed in this Chapter 34. YACHT CLUB - A for profit or not-for-profit corporation, as defined by § 102 of the Not-For- Profit Corporation Law of the State of New York, established for the principal purpose of engaging in recreational boating. The activities of such a "yacht club" shall be limited to its members and their guests and shall not be extended to the general public. §34-14. Temporary Anchoring A. No boat shall be anchored that it at any time rests within any boat channel or interferes with the full use of such channel, nor shall any boat be moored or anchored within 50 feet of any dock, pier or other boat docking facilitie~ unless authorized by the Trustees. B. All boats temporarily anchoring in Mattituck Creek shall anchor only in the federal anchorage area located near the head of said creek. The Tc~;:~, Sc, u~l~ Tc, wn Trustees shall cause said anchorage area to be suitably designated by appropriate buoys or markers and shall also cause suitable signs to be placed at appropriate locations in said creek to direct boaters to such anchorage area C. Anchoring shall not be permitted for a continuous period of more than three consecutive nights in a fourteen-day period within an anchorage unless authorized by the Trusteesthe-g~ty ~, whose~eh authorization may only be granted for emergency situations. §34-15. Mooring Requirements A. No boat shall be so moored that it at any time rests within any channel or interferes with the full use of such channel, nor shall any boat be moored or anchored within 50 feet of any dock, pier or other boat docking facilities, unless authorized by the Trustees. B. No boat shall be moored in such a manner as to interfere with the use of a preexisting moorings. C. No person shall moor, anchor or place any boat on any public lands at the end of any town highway in the Town of Southold in an area established by the Sc.u~.c.l~ T~;;~ Trustees of gae~o~vro:~,o~holdq~ a restricted area. D. Moorings~ anchoring ra~s and/or floats, including those governed by upland owners' property rights, must be assigned a permit number by the Southold Town Trustees. E. No moorings shall be permitted in the following Town waters: Wickham Creek, Hallocks Bay, Downs Creek and West Creek. F EF.- No boats greater than 26 feet in length (defines as tip of bow to rear edge of transom) shall be permitted to moor in any Town Creek. Existing moorings and vessels will be grand fathered in as of adoption of the code. G FG. Rafting on a single mooring will only be permitted for not more than three boats during the daylight hours and two boats at night, provided it does not interfere with adjacent single moorings or anchorages or navigation of other boats. Owners or operators of rafted vessels shall not leave the raft unattended and shall be available to tend to the vessels in the event of heavy weather. §34-16 Mooring Assignments - General Rules for Town Waters A. Town residents shall only be allowed one mooring, in Town waters, per residential lot. B_A. Riparian owners shall be permitted to erect a dock or install a mooring but not both, based on site-specific environmental and logistic considerations including ,but not limited to depth, bottom type, shellfish populations, seagrass meadows, proximity to navigation channels, but not both, within the waterside boundary projects of their property. All riparian owners must apply to the Sc',:*~!~ To',:~n Trustees prior to the placement of moorings. _ . ...... ~, ............ Town residents shall be permitted to moor their vessels only in designated mooring areas. C A -~:~'~"~'"~ ..... D. Boatyards and marinas shall be entitled to apply for rental mooting permits and holding mooring permits in accordance with the procedures set forth in this chapter ,based on site- specific environmental and logistic considerations including ,but not limited to depth, bottom type, shellfish populations, seagrass meadows and proximity to navigation channels. § 34-17 Mooting permits. A. No mooring shall be placed unless authorized by a permit duly'issued by the ....... c ...... Trustees. Moonng permits shall be valid for a period of 1 year (?). Moorings must be. inspected every gear by a qualified ' ,~ ~o~ ...... . inspector. _ ,~., r,,~o Moorings shall be permitted in only des ated mooting areas= *...nd ................. ayo. 1 Any person applying for ' g permit a moonn .... · ..... ,.^.+ ........ , ^. ,. .... ~vv ......... , ............. ~ ...... ~ in town waters must be a resident of Southold Town and otherwise comply with the requirements of this chapter. Proof of ownership or of lease or charter agreement must be submitted with the application. Applications for moorings shall not be accepted for the following types of boats: 5 a. Boats less than twelve (12) feet, nor more than X~.'..~' twenty-six (2~5) feet, in length for town waters. b. Personal watercrafts, kayaks, sea planes, canoes and specialty prop-craft. c. Sunfish, surfboards, windsurfers and similar board boats. ~. Dugk ~cr.t: ar~ ~:::l: b!~r. ds de. Floating dry docks, swim floats and similar non-self-propelled vessels. _el. Boats used as a permanent dwelling. 2. Applications for permits shall be available in the Tmstee's office and shall require the following information: a. Vessel owners's name, address and contact phone number and proof or residency of Southold Town; b. Description of specific vessel to be moored including: Vessel type and dimension (total length, water line length, beam, 2. 3. 4. 5. Type and size of vessel's engine (if any) Hull identification number for vessels built after 1972 Photograph that clearly identifies the vessel to be moored. New York State Registration number. --34. Coordinates of vacant location chosen by the applicant in a gridded mooting area. In a non-gridded area, the applicant must submit a sketch and description of the desired location in other mooring areas in a form acceptable to the Trustees. The trustees reserve the tight to require any additional information. _PG. All mooting buoys shall be assigned a number by the Clerk of the Trustees, which shall .v_ mches in height. A be affixed to the buoy by the permittee in numbers at least three r .... · permittee shall notify the Clerk of any change in the boat to be placed at the mooting within thirty (30) days of the change and must update the application to include information and a photograph of the new boat. The applicant must get Trustees approval prior to placement of the new vessel on said mooring. C_D. Mooting permits shall contain the following conditions: 1. The permit holder is responsible for installing and maintaining the appropriate mooring tackle to adequately secure the boat to the mooring. The permittee shall select a mooting that will adequately hold ground at that location under ail conditions. 2. The permittee in gridded mooting areas shall guarantee that the pennant of the mooring shall not exceed the maximum length specified by the $g'athe!d To;;<_ Trustees for such vessel class. --3_4. All winter stakes must be removed from the water, and the mooring marked with a buoy, between Jul>' May 1 and November 15. ~4~-56:.: Acceptance of a mooring permit shall constitute an agreement that the permittee will hold the Town of Southold and its authorized boards and officers completely blameless for any liability in connection with the mooring or the boat or vessel; nor shall the Town be responsible for the loss, theft or damage to boats and or their contents nor damage to any other private property caused by moored boats. E_F. All mooring permits shall be valid for a period of ~l_-years but will expire on December 31 of the ~[r~ ~vear of issuance. F_G. If a permittee fails to place a mooring in the designated location during the mooring permit period, the mooring permit will not be renewed. Gt4. A private mooring left unoccupied by the permitted vessel for one year during the permit period may not be renewed if there is a waiting list unless. ~ In the event of the death of a permittee the surviving spouse or the children may apply to the Clerk of the Trustees for a transfer of the permit, if they reside in the residence of the deceased. I_~. Any person who intentionally makes a false or fraudulent statement or representation in the application for a resident mooring permit shall be subject to permanent revocation of a mooring permit or commercial mooring privileges and associated legal action. {}34-18. Riparian Owner Moorings A. Riparian owners are not entitled to a mooring in the adjacent waterway or any other town waters in which they have a dock. Only one mooring per upland adjacent parcel is allowed. All riparian owners must apply to the ~..,u~a .r .... · . ............. ._ Trustees prior to the placement of moonngs. B. Moorings shall be placed at the discretion of the Trustees within the waterside boundary lines of the parcel so as not to interfere with the water access from adjacent parcels. The waterside boundaries are determined using the appropriate method for the shape of the shoreline 7 for Long Island waters specified in 9 NYCRR 274.5. The Se'.:'&v!d Tvwn_ Trustees may require appropriate documentation for the application, including surveys when necessary, to determine water rights lines.~,~...m:" C. Mooring buoys shall be placed in such a manner that each moored vessel will avoid contact with any other moored vessel or structure. D. A riparian owner mooting permit granted by the Svt:tSv!d Tv;m_. Trustees pursuant to this Chapter shall not be rented, transferred or assigned, except as follows: 1. In the event that a riparian owner rents or leases his/her residence in favor of exclusive tenant occupancy for least 120 days, the tenant may utilize the mooring for the same or smaller Class Vessel for all or pan of the duration of the occupancy of the residence; provided that the Clerk of the Trustees is notified in writing of such arrangement including copy of the lease, prior to the tenants' use of the mooting. 2. A riparian owner mooting may be used for not more than five calendar days in any calendar month by other vessels of the same or smaller class belonging to the permittee or the permittee's guests; provided that written notice of such occupancy is delivered to the ...... _ Trustee's Clerk's office not later than the second day of such occupancy. Seasonal Moorings A mooring permit may be issued by the Trustees for seasonal use. The mooring permit will indicate a tune period that it can be used. Failure to remove a seasonal mooring on time will result in the forfeiture of the permit. Removal will be at the owners expense. Seasonal moorings must comply to all other requirements of this Code. §34-19. Moorings in Designated Mooting Areas A. The Town Board, in consultation with the S~uXh:!~ Tg-.':r._ Trustees, shall establish and identify the locations and perimeters of all mooting areas within Town waters for the use of non- riparian vessel owners or riparian owners who are not permitted to place a mooring in water adjacent to their upland properties. Coordinates of each mooting area shall be mapped and on file in the E:ar~ cf_ Trustee's Office. The map must show the total area of each mooting area using acres and square feet. B. In designating Mooring Areas, the T.~-::r. E.~v..-~ Trustees shall ensure that such areas shall avoid navigation channels, shellfish beds, shellfish sanctuaries, eelgrass beds, wetlands, submerged aqnatic vegetation and State or Federal-designated Significant Coastal Fish and Wildlife Habitats and other environmental constraints, or other areas deemed by the Trustees to not be appropriate for placement of moorings. C. The hull dimensions applicable to each class of vessel shall be used as a basis for configuring a mooring area grid that accommodates vessels having a wide range of dimensions. D. The locations of mooring and stake mooring and pulley systems within certain mooting areas shall be prescribed by vessel class at specified positions established by the S.~ut.hc.!~ Trustees, so as to accommodate an optimum number of vessels in a vessel class. i E. The location of each mooting shall be assigned by the Sc-,:t.hc!d T.~-.'.~._. Trustees. The 8 tight to use a mooting space shall be based on a first-come first-served basis, as discussed in the section on applications. F. The .... Trustees shall consider optimum use of available space, vessel safety, environmental protection, impacts on shorefront property owners, whether the mooting will be used for temporar~ vessel storage *~ 11..1~. ~i~^..A ' ........ ~ ..... and the s~ze and class of vessel, while assigning mooting locations. G. Qualified applicants for a mooting permit in a gridded mooting area shall submit the required application form to the Clerk of the Trustees and indicate a preference for a vacant location within a vessel class, suitable for the vessel to be moored. A wmt]ng hst ........ into ;'egse! clar~es, shall be established and maintained by the Clerk of the Trustees for each designated mooting area, where no vacancies exist. ~ §34-20. Moorings Associated with Boatyards, Marinas, Yacht Clubs and Boating Associations A. The S~u%hc!d Te;;m_ Trustees are empowered to designate commercial mooring areas for the placement of moorings by boatyards, marinas, yacht clubs or boating associations which place multiple moorings in the course of their business or association activities along the underwater lands owned or controlled by the ............... Trustees and the Town. These mooring areas shall only be placed in the Bay ~,T B. Boatyards, marinas and yacht clubs or boating associations which seek to place multiple moorings in the course of their business or association activities may make application on behalf of persons who utilize their launch and mooting facilities. Said permits shall be designated commercial mooring permits and shall be limited to placement on moorings in certain mooring areas, when said areas have been established o_Lr located adjacent to dock or shore facilities. Such applications shall indicate the size of the largest vessel, which will be allowed to occupy the mooring. Boatyards and marinas may also apply for a maximum of two "holding moorings" used to secure boats temporarily before hauling or launching. Seasonal, transient and holding moorings shall be visually differentiated and records kept of all vessels residing in the mooring field. § 34-22. Renewals 1. The Clerk of the Trustees shall notify the permittee by first class mail at the address I shown on the application for the current permit a least thr~two months prior to the expiration such permit of the need to renew said permit prior to its expiration, per an enclosed blank application form. The period may be renewed only within the gu~o-two month period prior to the expiration of the current permit {December 31 of that year). If the application for renewal and accompanying fee are not received before the expiration of the current permit, the current ~e:5c:l -permit shall be considered null and void on the expiration date. Any -application to renew filed after the expiration date shall be treated as an application for a new mooring permit and shall go to the bottom of the waiting list. However, the Trustees in their absolute discretion may extend such period, upon submission by the applicant of a timely letter establishing reasonable cause. 2. Mooring permits shall be renewed by the Clerk of the Trustees when a timely application for renewal is filed by the permittee indicating that the dimensions of the vessel or type of vessels to be secured to the mooring are the same as those designated in the prior permit and that the components of the mooring meet the requirements of this article. Applicants for renewal permits must provide the Clerk of the Trustees with proof that the applicant owns the same boat as described in the permit. 3. If the vessel or type of vessel to be secured to the mooring is substantially different from those designated in the prior permit, the Se::~!d To;;~ Trustees shall not renew the permit unless such different vessel or type of vessel may, in the opinion of the 8o',:the!~ T~.wr. Trustees, be accommodated in the mooring area and unless the applicant agrees to pay the costs of any relocation of moorings deemed necessary by the Se::thg!~ T.%~,.~ Trustees to accommodate such different vessel or type of vessel. 4. The Er.::Xh.~!~ Te-:..n Trustees may refuse to renew a mooring permit for failure of the applicant to comply with the provisions of this article or the orders, rules and regulations of the Trustees or the Bay Constable concerning the location and use of moorings during the preceding permit period. 5.4- Boatyards, marinas, neighborhood associations and yacht clubs applying for renewal permits must submit a map superimposed on a suitable NOAA chart or legal survey documenma;Sgat~ena! e~m"t and appropriately enlarged 44M4mes-_ showing the locations of ail moorings in their grids, if such exist, and the individual mooring numbers. Each application shall include the required fee. NOTE: The trustees need to designate buoy sizes and colors corresponding to bay and creek locations. End note. §34-24. Fees 10 All mooring permit applications shall be submitted with the required fee. The application fee for a three-one year permit shall be $25.00 and the following annual mooring fee (to cover the administrative costs associated with mooring and vessel inspections for new and renewal applications), shall be due December 31 st. of each year. 1. Less than or equal to 201520 fi. 2. Greater than 20 fi. up to and inclusive of 25 fi. 3. Greater than 25 fi. up to and inclusive of 30 fi. 4. Greater than 30 fi up to and inclusive of 35 ft 5. 22 7. 5. g-. Greater than 35 ft .... v 9. Commercial fees $2.50 per foot $5.00 per foot $6.25 per foot $10.00 per foot $12.50 per foot 1. Seasonal??????? 2. Transient?????? 3. Holding??????? A percentage of the mooring fees to be determined by the Town Board shall be used for monitoring and maintenance of moorings and mooring fields. **NOTE** THE TOWN BOARD SHOULD DECIDE THE FEES §34-25. Mooring Equipment - Requirements Fore and aft moorings may be required under certain circumstances at the discretion of the Trustees. A. Moorings shall meet the following requirements: 1. All mooring buoys shall be clearly visible and white above the waterline, shall be a minimum of twelve inches in diameter and be clearly marked with the permit number. All moorings shall have a circle of reflective tape around the circumference and above the waterline. 2. All permit numbers shall be marked in black, be not less than 34-- inches in height and shall be clearly visible at all times between dawn and sunset. 3. All stake, mooring and pulley systems shall be marked with the permit number both on, or immediately adjacent to the shore-end stake and on the connected mooring buoy. 4. Rental mooring buoys shall clearly be marked with ma-a- 3 inch "R" plus the number. 5. number. 6. permit Holding mooring buoys shall clearly be marked with alq-a-3 inch "H" plus the permit Dimensions: The following table are minimal suggested tackle designs. The 11 applicant bears responsibility for adequate tackle to hold under all possible conditions. Length at Diameter of Diameter of Diameter of Pennant Nylon Waterline Mushroom Top Half Bottom Half Buoy Rope of BoatAnchor of Chain of Chain Diameter Diameter (feet) (pounds) (inches) (inches) (inches) (inches) 15 to 19 100 5/16 3/8 15 ½ 20 to 24 200 5/16 3/8 15 25 to 29 250 3/8 3/8 15 3/4 30 to 34 300 3/8 ½ 15 35 to 39 350 3/8 ½ 15 40 to 44 400 ½ 5/8 18 45 to 49 500 ½ 5/8 18 1 50 to 54 550 5/8 ~ 24 1 55 + 700 5/8 % 24 1 *NOTE: 1. Shackles, swivels, etc., should be the next size larger than the chain size. ..... ~ ..... v ........................... ;xater. 2~ 3. All buoys shall have swivels located not more than half way down the rode· 3_4. All moorings must be removed or inspected annually. _4-5. Ail sha~qsshackles must be safety wired. 5_6. All vessels shall have chaffi_ing gear on pennant lines. _6~. No person(s) or corporation shall tamper with or move any mooring not owned or under the control of that person or corporation unless nnder the direction of the Bay Constable. B. A winter stake shall be upright at all times at not less than a thirty-degree angle, with at least eighteen inches of one end painted white and exposed above the water, and have reflective tape around the entire stake a minimum of 3 inches in width.. The permit number shall be marked in black or other contrasting color on the exposed, white end of the winter stake in figures at least three inches tall ..... j~,~, ..... 1~ .................... ~ uoy. ....................... ~, ................................................... lze and § 34-26. Mooring maintenance. A M ring tb rvi d dinp d hy · oo smus ese cc an s ~ct¢ eac ear, 12 ....................... ., ......... ~, ~., ....... Proof of inspection must be provided with the application or a request for an application renewal. B. All moorings are subject to random inspections for location and condition by the Trusteesa Ear,' Ccng~!c or his their designee, who may require hauling, repair or replacement for worn or defective tackle. C. Moorings falling an inspection or missing a buoy or otherwise defective or unsafe shall not be used until the condition is corrected. D. If unsafe conditions persist or the mooring is abandoned, the Trustees anad.~r Ear,' Cc, n~ta~!z- shall order and direct the removal of the tackle. In the event that the owner falls to remove the tackle within 10 business days, the town may cc.'.:gc require the tackle to be lifted and removed. The expense of such removal shall be a lien and charge on the property of the boat owner until paid and shall be collected in the same manner and the same time as other town charges. If in the opinion of the Trustees or the bay constable a mooring poses an immediate danger it may be immediately moved at the owners expense without notice to the owner. E. Notwithstanding the foregoing, the Sz'ath~!d T~'.'.~._. Trustees shall have the authority to require a permit holder of a mooring to relocate a mooring if it determines ~ that there are compelling reasons requ'Lring a relocation. If there is no available alternate location, the permit holder will be offered top priority on the waiting list in the mooring area selected. § 34-27. Mooring without a permit. A. No person shall install or use a mooring in town waters without a mooring permit issued by the S~u~!a.. T~-:..~ Trustees. B. Any mooring without such a permit shall be removed upon notice from the_ Szu~z!d Tzwr. Trustees ~l~BaS,~asmb~:, which notice shall be by written notice posted on the mooring and on any boat attached to said mooring. C. If such mooring is not removed by the owner within t?~' (30) d.xr,'a 24 hours after the posting of said notice, the_ Sc~u'..u.z!d Tz-::r. Trustees ~ may direct the mediate removal or destruction of the mooting and the cost of said removal, including storage charges for any boats attached thereto, shall attach to and shall become a lien upon said property, and said property may be sold, upon direction of the court, at public auction to defray said expenses, any surplus being returned to the owner of record. The town shall not be liable for any damage done to said mooring or any attached boat during its removal, storage and sale. §34-28 Pre-existing Moorings A. For the purpose of this Chapter, any mooring existing on the time of the effective date of this local law for which a permit has been issued by the ~^..~u^~a .............. _ Trustees pursuant to Chapter 32 or 97, which shall be made nonconforming in any respect (iei.e.-location, tackle o_.ir boat size)at the passage of this local law, may be continued. Relocation of the mooring may be necessary to conform with future designated mooring fields. Hhowever, the vessel owner is 13 required to apply and submit payment of the required fee for a ~cc one year mooring permit. B. All approved moonngs ~vv ..... _or transferred after June 6, 1991: by the ~v .... c^..,u~.~ T~,::~ Trustees that are not used for at least thirty (30) days .............. _ per year, ~ ..... may be subject to revocation by the .............. - Trustees. §34-29 Enforcement A It shall be the duty of the Director of Code Enforcement, Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapter. The Director of Code Enforcement and Bay Constables shall have authority to control temporary anchoring and the use, placement, relocation and removal of moorings and vessels attached thereto. Additionally, the Director of Code Enforcement and Bay Constable has the authority to suspend further use of the mooting until violations are corrected. B. Notice of violation. 1. Whenever the Bay Constable has 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 oftbe 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. 2. 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 .............. Trustees~O,t~-To~ it is directed of his tight to apply for a heating before the c^..,,.^~ T .~.~ c~...,.^,~v__.v.~, as hereinaRer provided. 3. Such notice shall be served upon the person to whom it is directed by delivering it to ...... them personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his -their last known address. 4. The Director of Code Enforcement and 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. 5. 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 and/or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. 6. It shall be unlawful for any person served with a notice of violation to fail to comply with such notice. C. Hearing. 1. 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, ........ _with the ......_Clerk of the provided that such person shall file a written request "'~- ' Trustees within ten (10) days after service of the notice of violation. Such request shall have 14 annexed thereto a copy of the notice of violation upon which a heating is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. 2. The Tc'.;m _Clerk of the Trustees shall present such request to the ....... d Town_. Trustees at its next regular meeting. The Southold Town Trustees shall set a time and place for such hearing and shall give the person requesting the same at least five (5) days' notice of the time and place thereof. 3. 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 t?.zrzfz~herefore. Non-permitted moorings must be removed immediately and a subsequent hearing may be requested by the violator. 4. The notice of violafion for which a heating is requested shall continue in effect pending the heanng and determination of the ............. ._. Trustees. § 34-30. Penalties for Offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any 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 Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For every 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 the 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 fall to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fmc not exceeding two hundred fifty dollars ($250.) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. In addition to the above-provided penalties, the town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 15 JOSHUA Y. HORTON SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD August 3, 2004 Laurissa Parent Division of Coastal Resources State of New York, Dept of State 41 State Street Albany, NY 12231-0001 Dear Ms. Parent: Per your email correspondence with Valerie Scopaz, I am attaching three (3) signed and notarized Appendix X forms for Contract No. C006213, along with a Status Report dating from September 30, 2002 to July 30, 2004. Should you require any additional information, please do not hesitate to contact this office. Thank you. Confidential Secretary to Supervisor Joshua Y. Horton Enclosures cc: Valerie Scopaz APPENDIX X Agency Code: 19000 Contract Period: 01/02/03 to 3/31/05 Contract No.: C006213 Funding for Period: $50,000 This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Department of State, having its principal office at 41 State Street, Albany, New York, 12231 (hereinafter referred to as the STATE), and Town of Southold (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006213, as amended above and in attached Appendice(s) All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRAZTOR SIGNATURE / (print name) Title: SUPERVISOR, TOWN OF SOUTHOLD NEW YORK STATE DEPARTMENT OFSTATE By: (print name) Title: Date: Date: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page ~ be attached to a o her exact cop~es of h s con~ract. ACKNOWLEDGEMENT State of New York County of On this J,e~~ day of he/she/they reside(s) in ) )SS: d~l/~,,,q./~,~..-- ,20 0~, before me personally came to me known, who, being by me duly sworn, did depose and say that ~...~,~,j~,.~/- (if thc place of resident is in a city, include the street and street number, if any, thereot); that he/she/they is(are) the ~ (title of officer or employee) of the 7-Or-O~,1.2 o.~' ~t:~r_.~_~_~' _~ (name of municipal co~poration) described in and which executed the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the governing body of said municipal c°rp°rati°n' · NO~AI~YI~JBLIC- -' Approved: Alan G. Hevesi Comptroller By: Date: ~CONTRACTOR: To~m' of Southold PROJECT STATUS As of July 26, 2004 (Submit send-annually and with each payment request.) Agreement #C006213 Please list all tasks and indicate the status of each. Attach additional pages if necessary. Task # should match the task number in the Agreement work program. A/T indicate if Date of Completion is Actual or Target Date for anticipated co~npletion of the task. Products/Accomplishments should list products completed or other accomplishments. Task Date of Perccntof # A/T Completion Completion 7 T 12/31/04 30% 8 T 12/31/04 10% 9 A 2f24/03 100% I0 T 12/31/04 30% Products/Accomplishments Mooring Management Plan Research * Generic Set of Erosion Mgmt. Measures New Legislation * Pamphlet~ All starred material is being seot under separate cover. Please note problems encountered, proposed a~ustment(s) to ~¢ork program/schedulq and reasonO) ~r proposed a~ustment(s): All projects are moving forward, albeit more slowly than anticipated due to workload and lack of staff. The recent hiring of a full-time environmental technician by the Trustees is anticipated to assist in moving these remaining tasks forward more quickly. Please provide thc following information: Name of contact Person: Valerie Scopaz Email Address: Valerie. Scopaz@town. southold, ny; us Phone Number: 63t 765-1938 Fax Number: 631 765-3136 STATUS REPORT: COVERING A~.'I'IVITIES I?ROM 9-30-02 to 7-30-04 FOR: Implementation of Priority LWRP Projects: # CO006213 Task 1. Proiect s¢oping Four meetings were held to provide overall project planning, prioritization and organization of Task Components. A contract was prepared between the Town of Southold and Cornell Cooperative Extension to execute specific Tasks. A steering committee was formed consisting of representatives of the Town of Southold, the Town Trustees and Cornell Cooperative Extension to oversee portions of this project. Task 2. Contract preparation and execution A contract was prepared and executed. Task 3, 4, 5, 6 Not applicable for the purposes of this update. Task 7. Town of Southold Mooring Management Plan 1. Cornell Cooperative Extension prepared a compilation of its research into existing practices and research on mooring management strategies and techniques. A copy of this report, entitled: Mooring Background Research, is attached for review by the New York State Department of State. 2. All mooring fields in the following creeks have been mapped and linked to digital and aerial photographs: Corey, Cedar Beach, Deep Hole, East, James, Little and Richmond Creeks. 3. Previously and currently maintained navigational channels will be mapped and linked to aerial photographs. Aerial photographs are currently being analyzed and the data is being incorporated into the database. Task 8. Erosion Management Measures A draft work plan is being prepared for this task (the drafting of a generic set of erosion management measures to be used to prevent erosion at construction sites) will be forwarded for NYSDOS review and approval prior to the start of work. Task 9. Wetland law reformulation This task has been 100 % completed. The law was reformulated by Comell Cooperative Extension in close cooperation with the Board of Trustees and the Town Attorney's Office. It was adopted by the Town Board on February 24, 2003, subsequent to two public hearings and to separate review and comment bythe Department of State. Task 10. Development of an LWRP Educational Program Education material to explain the causes and potential solutions to Nonpoint Source Water Pollution to the public has been prepared. The pamphlets are targeted to Maltituck Creek. A copy is attached for review. These pamphlets will be made available to the public at the Trustee and Planning offices. A more extensive distribution program to disseminate this information at schools and other sites will be put together and submitted to the NYSDOS for review and approval before proceeding further. Attachment B C006213 Addendum to Work Contraet matoflal to be submitted to NYSDOS .T~e. proposed work plan that the Town of Southold is submitting pursuant to LWRP Orant ~)06213 is distract and separate from the work that Comer Cooperative Extension is doing pursuant to a separate $150,000 con~act (TOS-CCE #1-2001) with the Town. The listing below is intended to document this. TOS-CCE #1-2001 NYS-TOS # C006213 *Develop GIS natural resources inventory. Visual and aerial inventory of eelgrass beds * Initiate long-term celgrass monitoring program * Eatablish eclgrass culturing and restoration techniques. * Expand corrmm~ity shellfish enhnncement prom Create oyster reef in Ma~tuck Creek. ~ Place spawner scallops in Halloclm Bay and Hay Harbor. O Create and implement site-specific, watershed-based water quality education program about impacts of stormwater nmoff for homeowners living around creeks. *Develop a Mooring Management Plan-Ct/sing knowledge of eelgrasa and shellfish bed locations.) * Develop specific Erosion Best Management Practice Measures to protect adjoining wetlands during construction and other typical land uses. * Reform. late Wetlan& Legislation (to guide aH decisions within 100 feet of wetlands ). Educate Public about above- noted projects. Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Tel: 631 727-7850 Fax: 631 727-7130 www. cce.cornelLedu/su ffolk Cooperative Extension 8-4-04 From: Chris Smith Re: Progress report 50k project There were 4 work tasks for this project Task 1. Prepare a set of generic set of erosion control management measures. This task is set to begin this Fall. Task 2. Prepare educational material to explain the value of a specific implementation measure to the public. Work on this task has begun. We are focusing this budget item on general public education on keeping beaches clean of debris. A major component of this effort will be preparation of information in Spanish to provide the rapidly growing Hispanic community educational information on the LWRP. Task 3. Prepare a strategy for a Bay And Creek Mooring management plan. Work on this task is extensively underway. We have compiled a visual and GIS data base of all moorings in all Town Creeks and Fishers Island. We have delivered the visual inventory to the Town and are enclosing the latest revision of the mooring code for your review. We have been meeting weekly with the Trustees to revise the mooring code and the revision attached is being reviewed by them now as a draft. Task 4. Reformulate the Wetlands Code. The entire revised code has been adopted and is enclosed for your use. Building Strong and Vibrant New York Communities CorneII Cooperative Extension provides equal program and employment opportunities~ NY$ CoLiege of Agriculture and Life Sciences, NYS College of Human Ecology, and NYS College of Veterinary Medicine at Cornell University, Coopertlve Extension associations, county governing bodies, and U.S Department of Agriculture, cooperating THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 169 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24, 2004: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of January 2004 a Local Law entitled "A Local Law in relation to a new Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons were heard. RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 6 2004 A Local Law entitled "A Local Law in relation to a new Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The Town of Southold possesses a rich heritage of scenic, historic and natural resources which are vital to the town's sense of place and to its economic success as a community. The upland acreage of Southold Town, including Fishers Island, is approximately 34,369 thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north by the nationally recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than 2,000 acres of underwater lands, not including Sound and bayfront owned by the State of New York. The local economy is based on two traditional industries and a third, newer, but strong industry: farming, recreational and commercial fishing and tourism/second homes. The economy is based squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and sensitive. Protection of that environment therefore is of utmost importance to the Towns financial health and long-term future. Rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of the Town wetlands and patent lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. The comprehensive planning objectives of the Town of Southold are: 1) the preservation of Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of farmland and agriculture. In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and minor subdivisions and approvals for multidwelling development. The purpose section of that moratorium stated in part that "The Town Board finds that increased growth and development within the Town of Southold are placing severe pressure on water supply, agricultural lands, open and recreational space, the rural character of the community and natural resources located within the Town." One of the primary tools implemented by the Town to protect its natural resources is Chapter 97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in Chapter 97 should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality is that the laws set forth in Chapter 97 did not have the effect of protecting wetlands and wetland boundaries. Two critical studies and analysis which include the Town's wetlands, wetland boundaries and natural resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and 2) the Peconic Estuary Comprehensive Management Plan. After years of study, fact gathering and writing, the LWRP for the Town of Southold and the Comprehensive Peconic Estuary Management Plan have been adopted. The LWRP is a comprehensive plan for the entire Town. As waterfront land has, in certain instances, been inappropriately developed, Town waters and habitats have been negatively impacted. One example of this is the closure of shell fishing areas such as Mattituck Creek and James Creek due to an increase of coliform bacteria from septic systems and stormwater runoff, to name just two SOurces. There has been a significant increase in the applications for and the numbers of fixed and floating piers and docks accessory to upland residential and other uses. Most of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and values, development patterns and the aesthetic character of the area. Therefore it is essential to regulate the type and placement of such structures. The Board of Trustees and the Town have used the moratorium time during the year 2003 and early 2004 to evaluate the current status of the wetlands areas and regulations in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of flood and storm-fide damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation, ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft, pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement.. The Town and the Board of Trustees have considered and implemented the LWRP and the best land use techniques for protecting its waterfront resources. The Town Board declares that it is necessary to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Docks shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aesthetics; and recreation. In addition, the following resource area values also shall be maintained and protected including: protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; navigation; public access to water and land; and the minimization of the impact of new development, reconstruction and/or expansion on the resource area values listed above. This moratorium addressed the fact that new growth in the form of new structures on existing waterfront lots and underwater lands poses a similar potential to impair the Town's unique environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be vacant or developed, residentially or commercially zoned, do not conform to current zoning in that they are smaller than the minimum required acreage. Therefore, the development and redevelopment of these lots is of utmost concern because these activities have the potential to cause further harm to the coastal environment. This moratorium has enabled the Town and the Trustees to focus on crafting and implementing a strategy and a working code to ensure that the comprehensive planning objectives of the Town are met. This is necessary in order to protect the character, natural resources and environment of the Town of Southold and the public health, safety and welfare of Town residents. II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows: The existing Chapter 97 is stricken in its entirety and replaced with the following: Chapter 97, WETLANDS AND SHORELINE GENERAL REFERENCES Boats, docks and wharves -- See Ch.32. Environmental quality review -- See Ch.44. Flood drainage prevention -- See Ch.46. Shellfish -- See Ch.77. Soil removal -- See Ch.81. Zoning -- See Ch. 100. Subdivision of land -- See Ch. A106. Coastal erosion -- See Ch. 37. ARTICLE I, General Provisions § 97-10. Title. This chapter shall be known and may be cited as the "Wetlands Law of the Town of Southold." § 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. ACCESSORY STRUCTURE - A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. AESTHETICS - The natural intrinsic appearance of a site or object in the context of surrounding land use, views, viewsheds and vistas important to the community. ADMINISTRATIVE PERMIT - A permit intended to provide an expedited review for projects that are deemed consistent with the Trustee's policy regarding protection of wetland resources. AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestpy management program. APPLICANT - The party applying for permits or other approval pursuant to Chapter 97. APPLICATION - The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant pursuant to Chapter 97. AQUACULTURE - The raising or cultivation of nursery spawn shellfish in artificial containment systems in, on or off bottom. AS-BUILT PLANS - Plans prepared to scale by a licensed surveyor detailing any and all operations conducted according to a valid permit. BAY - Cutchogue Harbor, Gidds Bay, Great Peconic Bay, Hallocks Bay, Hog Neck Bay, Little Peconic Bay, Long Beach Bay, Orient Harbor and Southold Bay. BEACH - The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BLUFF - Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit ofa bluffis mean low water. The landward limit is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. BLUFF LINE - The landward limit of a bluff that is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluffwhere the trend of the land slope changes to begin its descent to the shoreline. BOAT/VESSEL - Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks. BOARD - Unless otherwise indicated, the Board of Trustees of the Town of Southold. BUFFER AREA - A defined area landward of a wetland boundary, coastal erosion hazard line or bluff line measured as a linear distance, perpendicular to said boundary. BULKHEAD - A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. This definition excludes gabions and revetments. CATWALK - An elevated walkway, usually built to gain access to a commercial or residential dock, built at a fixed height above grade and which is constructed landward of the high water mark. CLEARING - Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting or burning vegetation, severing, topping or lopping branches limbs stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation. This definition also includes removal of dead and dying vegetation. CLERK - Unless otherwise indicated, the Clerk of the Board of Trustees. COASTAL EROSION HAZARD L1NE - The landward boundary of the Coastal Erosion Hazard Area defined by Article 34 of the New York State Environmental Conservation Law. COMMERCIAL AGRICULTURE - Agriculture (See above) intended to earn an income. COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used and/or intended for use other than as a residential dock, as defined in this chapter. CONSERVATION - Protection in natural or existing condition. CREEKS - Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corey Creek, Dam Pond, Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull Pond, Hallock's Bay, Halls Creek, Hashamomuck Creek, Haywaters Cove, James Creek, Jockey Creek, Little Creek, Long Beach Bay, Mattituck Creek, Mattituck Inlet, Mud Creek, Paradise Point Creek, Pipes Neck Creek, Richmond Creek, Town Creek, West Creek, West Harbor, West Lake, Wickham Creek, Wunnewata Lagoon and Wunnewata Pond. CRITICAL ENVIRONMENTAL AREAS - All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. DECK - A structure and/or platform without a roof that is either freestanding or attached to a building supported by pillars and/or posts constructed of various materials. DECKING - Horizontal structural components of a dock, deck, pier or other shoreline structure intended to be walked upon. DOCK - Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks". DOCK LENGTH - The length of a dock, including all fixed docks, ramps, floating docks and mooring piles, as measured from the most landward portion of the structure to the seaward-most portion of the dock or the seaward-most mooring pile, whichever distance is greater. DUNE - A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand. EROSION CONTROL - Actions taken or structures installed to prevent the wearing away of the land or loss of soil by the action of water, ice or wind. Erosion control typically relates to stabilization of unvegetated soils resulting from excavation, grading, stockpiling, construction or other activities. FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which extends seaward from the high water mark or a point landward. FLOATING DOCK - Any structure, raft or floating platform which is designed to float upon the surface ofa waterbody and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. FUNCTIONAL BULKHEAD - A bulkhead that is at least 75 % physically intact and serving the purposes it was designed for. FUNCTIONAL JETTY/GROIN - A jetty or groin that is at least 75 % physically intact and serving the purposes it was designed for. GABION - A shoreline structure consisting of stone and/or rock enclosed in a mesh cage or similar designed to stabilize soil or sediments. GROIN - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Jetty HABITAT - The place where a plant or animal species naturally lives and grows; or characteristics of the soil, water, and biologic community (other plants and animals) that make this possible. HABITAT FRAGMENTATION - Destruction or impairment of habitat such that it results in breaks in areas of contiguous habitat. Habitat fragmentation can also cause a greater distance between adjacent (non-contiguous) habitats. These actions prevent the transfer of organisms, natural materials and energy within a habitat. Habitat fragmentation can result from the placement of physical barriers within a contiguous habitat or between adjacent habitats, but can also occur as a result of removal of vegetative cover, changes in sediment characteristics and/or changes in hydrology. HARVESTING - The gathering or collecting of natural resources and organisms. HORTICULTURE - The raising of plants (See Agriculture). IMMEDIATE PROJECT AREA - The minimum area required to allow access to the site by the machinery conducting the operation. JETTY - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Groin. IMPERVIOUS SURFACE - Any hard surfaced, manmade area that does not retain or absorb water including but not limited to building roofs, paved parking lots and driveways, sidewalks and other paved areas. LANDWARD - In the opposite direction from the water or wetland. LOW-PROFILE JETTIES - The definition of a low profile jetty is site specific, but typically is a structure no higher than 18-24" above existing soil or sediment grade. LOW-SILL BULKHEAD - A sub tidal structure designed to stabilize the toe of a slope or shore and often associated with boat basins or other navigable waterways. MANMADE POND - A constructed inland body of water including, but not limited to lined and un-lined irrigation ponds and ornamental ponds. MAINTENANCE DREDGING - A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged. MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other watercraft, other than floating homes, and which may also be capable of removing any and all watercraft moored or docked within the marina from the water for repair and/or storage. MATERIAL - Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, organic or inorganic. MEAN HIGH WATER (MHW) - The average of all the water heights observed over the most previous 19 year period. MEAN LOW WATER (MLW) - The average of all the low heights observed over the most previous 19 year period. MONOPOLIZE - The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold. MOORING - Anchoring for greater than 24 hours. NON DISTURBANCE BUFFER - An area, typically fifty (50) wide, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance or other activities can take place. NON TURF BUFFER - Any pervious, material allowing for pemolation of surface runoff into the soil, Examples include: natural vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the structure. Fertilizers may not be used within the non turf buffer area. OPERATIONS - A. The removal of material from wetlands or otherwise within Trustee jurisdiction. B. The deposit of material on wetlands or otherwise within Trustee jurisdiction. 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. D. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. ORD1NARY AND USUAL MAINTENANCE - Actions which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. ORIGINAL STRUCTURE - The earliest known, permitted or otherwise documented structure. PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PEAK LUNAR TIDES - Those excessively high tides or spring tides caused by lunar gravitational phenomena. PERSON - Any individual, any combination of individuals, firm, partnership, association, society, corporation, joint-stock company, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions thereof. PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. See Wharf. PIER L1NE - The average seaward projection of one or more existing permitted docks, piers, wharves or floats. The average seaward projection is calculated by adding the length of all docks within the immediate area and dividing by the number of said docks. PLATFORM - See Deck. POND - An inland body of water. PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure, use or lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existing prior to the effective date of the original law or ordinance or prior to any subsequent amendment, as the case may be. Any determination of lawful existence must at least include a review of prior land use laws and ordinances. PROACTIVE RESTORATION - Restoration undertaken solely for the benefit of the natural environment and not associated with compensatory mitigation or other regulatory requirements. Proactive restoration typically includes planting of beneficial native vegetation (i.e. vegetative enhancement) in a natural setting at a time, place and in a position that are conducive to future survival and growth. RESIDENTIAL - Associated with a single or multiple family home, apartment or condominium, excluding marinas and public property. RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term dock shall include all associated structures such as ramps and mooring piles. RESIDENTIAL HORTICULTURE - The raising of plants for ornamental purposes on residential lots. RESOURCE BUFFER AREA - A buffer area with specific quantifiable natural resource value. RETAINING WALL - A bulkhead landward of the wetland boundary. REVETMENT - A shoreline hardening structure landward of the wetland boundary typically constructed of rock or stone. See Gabion. RIPRAP - A layer, facing or protective mound of rubble or stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose. SETBACK - The minimum distance by which any building, structure or operations must be separated from a wetland boundary, coastal erosion hazard line or bluff line. SHEATHING - Vertical structural components of a bulkhead or retaining wall necessary to keep soil and sediment from passing through the structure. SHORELINE STRUCTURE - Any intentionally constructed structure on the shore composed of manmade or natural materials. See Structure. SILT BOOM - A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surrounds the project area. SOUND - Long Island Sound, Fishers Island Sound and Block Island Sound SPAWNER SANCTUARY - An area of bottom designated by the Trustees for the purpose of protecting and enhancing shellfish populations for a specific period of time. SPLIT-RAIL FENCE - A linear fence structure composed of posts and rails. STRUCTURAL COMPONENTS - Pilings, deadmen, rails, whalers and other significant components used to hold together and anchor docks, piers, wharves, jetties, groins and other shoreline structures. 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; or any addition to or alteration of the same. SUBTIDAL - Existing at or below mean low water. TIDAL WATERS - All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. TOWN - The Town of Southold. TOWN WATERS - All the waters lying over Patent Lands (See definition). TROPICAL HARDWOOD - Any of a number of species of hardwood harvested from areas situated in the tropics (the region on either side of the equator). TRUSTEES - The Board of Trustees of the Town of Southold. VEGETATED WETLANDS - Any and all wetland types supporting or capable of supporting emergent, submerged or floating-leaved vegetation as described in Chapter § 97-11. "WETLANDS (FRESHWATER)" and "WETLANDS (TIDAL)." WHARF - See Pier. WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat building facilities, navigation aides, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. WETLAND BOUNDARY OR BOUNDARIES OF WETLAND - Wetland ecosystems generally posses three essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and (3) wetland hydrology. The wetland indicator status of all plants can be found in The National List of Plants that Occur in Wetlands (USFWS). The wetland boundary is most easily determined by defming the outer limit of the vegetation specified in the definition of freshwater, brackish or tidal wetlands. The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. For freshwater wetlands that frequently lack standing water (shrub swamps, deciduous swamps, coniferous swamps and wet meadows) vegetation alone may not be adequately diagnostic for identification of a wetland boundary. In these wetland types, field verification of wetland hydrology and/or hydrie soils might be required to define the boundary. The methodology used to determine this boundary shall be the same methodology utilized in the New York State Department of Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act. WETLANDS (FRESHWATER) - A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions l(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, among others, red maple (Acer rubrurn), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricina); (b) Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), common winterberry (Ilex verticillata) leathedeaf (Charnaedaphne calyculata), and swamp azalea (Rhododendron viscosum); (c) Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow artun (Peltandra virginica), arrowheads (Sagittaria spp.), common reed (Phragmites australis), wildrice (Zizania aquatica), bur-reeds (Sparganiurn spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisrna plantago-aquatica); (d) Rooted, floating-leaved vegetation, including, among others, water-lily (Nymphaea odorata), water shield (Brasenia schreberO and spatterdock (Nuphar spp. ) ; (e) Free-floating vegetation, including, among others, duckweed (Lernna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.); (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 vegetation, including, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis spp.); (g) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos); or (h) Submergent vegetation, including, among others, pondweeds (Potamogeton spp. ), naiads (Najas spp. ) bladderworts (Utricularia spp.), wild celery ( Vallisneria americana), coontail ( Ceratophyllum demersum), water milfoils ( Myriophyllum spp.) muskgrass ( Chara spp.), stonewort ( Nitella spp.), water weeds (Elodea spp.) and water smartweed (Polygonum amphibium). (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, barfing human intervention. (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). WETLANDS (TIDAL) - A. All lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; B. All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass (Spartinapatens), black grass (Juncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.) WIDTH OF CREEK - The distance across a creek from mean low water to mean low water, perpendicular to the main channel directly in front of the subject parcel. WALER - Structural member of a bulkhead used to hold the sheathing behind the pilings. Normally there are top and bottom walers. WHARF - See Pier. § 97-12. Declaration of Policy, Jurisdiction and Setbacks. A. Findings: The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands and patent lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. In addition, there has been a significant increase in the applications for and the numbers of fixed and floating piers and docks accessory to upland residential and other uses. Most of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and values, development patterns and the aesthetic character of the area. Therefore it is essential to regulate the type and placement of such structures. B. Purpose: It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, 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; (2) (b) (c) (d) (e) (f) Driveway - fifty (50) feet; Sanitary leaching pool (cesspool) - one hundred (100) feet; Septic tank - seventy five (75) feet; Swimming Pool and related structures - fifty (50) feet; Landscaping or gardening - fifty (50) feet; 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: (1) The ordinary and usual operations incidental to the harvesting offish and shellfish. (2) The ordinary and usual operations relative to conservation of soil, vegetation, fish and wildlife landward of the wetland boundary. (3) The ordinary and usual operations relative to pre-existing commercial agriculture and horticulture landward of the wetland boundary. (4) The ordinary and usual operations relative to residential horticulture landward of the wetland boundary. (5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently permitted, existing building, dock, pier, wharf, jetty, groin, dike, dam or other water contxol device or structure. (6) Environmental testing activities, including test borings, small volume soil sampling, environmental assessment and inventory activities provided such operations do not have an undue adverse impact on the wetlands and tidal waters of the town. (7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97-11). (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. B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of Trustees. ARTICLE II, Permits § 97-20. Permit procedures. A. Permit required. Notwithstanding any prior course of conduct or permission granted, no person shall conduct operations on any area within Trustee Jurisdiction (§ 97-12 C) without first obtaining a written permit therefor issued by the Trustees as hereinafter provided and only while such permit remains in effect. B. Administrative Permit. The Administrative Permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by § 97-12 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas applicants may request an Administrative Permit review. This review does not relieve the applicant of providing all the application requirements (§ 97-21) or obtaining permits from other jurisdictions including, but not limited to New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the Administrative review process, each application will be reviewed by at least one member of the Board. See 97-23H for details of approval. The following operations will be considered for Administrative review: (1) Construction, installation or removal of a split-rail fence, open arbor, trellis or other similar structure, provided that such operation will not have an undue adverse impact on the wetlands and tidal waters of the town. Concrete footings are not permitted within wetlands. (3) Removal of any material or structure provided that a project limiting fence and a silt fence with hay bales is installed to contain disturbance if deemed necessary and provided that such operations will not have an undue adverse impact on the wetlands and tidal waters of the town. (4) Construction of additions to the landward side of an existing functional single- family dwelling, where such dwelling generally lies parallel to the wetland boundary and provided that all new and existing runoff is captured on site. Such addition must be less than or equal to 25% of area (foot print) of the existing structure. (5) Remodeling, renovation or reconstruction of a structure provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (6) Construction of accessory structures for existing single-family dwellings provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town and the setback is no less than fifty (50) feet. (7) Construction or improvement of pervious residential driveways or walkways provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (8) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (9) Construction or installation of drainage structures for the retention of runoff provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (10) Cutting of common reed (Phragmites australis) to within twelve (12) inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. (11) The construction of a permitted bulkhead, which is to replace an existing functional bulkhead, subject to the following: (a) that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead, and (b) the new bulkhead is in the same location as the existing bulkhead. 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). § 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) 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: (1) The name and address of the applicant and the source of the applicant's right to perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all cases where the applicant is not the owner of the premises where such operations are proposed to be conducted, the notarized consent of the owner, duly acknowledged, must be attached to said application. (2) A schedule for the proposed activities with a completion date. (3) The purpose of the proposed operations. (4) The amount of material proposed to be removed or deposited, and/or the type, size and location of any proposed structure. (5) A description of the area from which the removal or in which the deposit of material is proposed, or in which structures are to be erected. The description shall be appropriately referenced to a permanent reference point or monument. (6) The depth to which the removal or the deposit of material is proposed throughout the area of operations, and the proposed angle of repose of all slopes. (7) The manner in which the material will be removed or deposited, or structures erected. (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 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. (9) A statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations. (10) A statement describing any known prior operations conducted on the premises in question and whether any prior licenses to permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. (11) Documentary proof of permits that have been applied for, are pending, and have been granted including hut not limited to NYSDEC, Suffolk County Health Department, USACOE. (12) A description of how the proposed activities will be mitigated including erosion control, re-planting and restoration, designated points of access. All proposed operations will be clearly defined on a survey and described in a project narrative. The Trustees reserve the right to require specific re-planting and restoration methods. Any re-planting and restoration guidelines shall be in keeping with guidelines set by the Town of Southold. (13) Current photos of the subject area showing the proposed area of operations from at least two opposite directions. Each photo should be labeled with the date, time and direction. The location of the photos shall be noted on the survey, project plan or provided on a separate sketch map. (14) Drainage upgrade. At the discretion of the Board non-administrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed onsite drainage from a two (2) inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltxation or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. (15) All permit applicants shall submit to the Board of Trustees an affidavit signed by the owner of the project property which indemnifies and saves harmless the Town of Southold from any claims arising out of or connected with operations under the permit and from all acts, omissions, commissions or negligence on the part of the applicant, his agents or employees, in such form as shall be approved by the Town Attorney. (16) An Ethical Disclosure statement as provided by the Town of Southold relating to applications for permits and other governmental requests. (17) A statement indicating that submission of false information will result in rejection of the application and may subjact the applicant to criminal sanctions. B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 97-21A 8, 11, 14 or § 97-27, 2 where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. § 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. For structures that have been previously built without a permit the fee will be doubled. B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit. Inspection fee costs will be based on a $50 per site visit. C. Pursuant to New York State Law, all costs incurred by the Town for SEQRA review shall be paid by the applicant. D. Consultant Fee: The Board, at its discretion, depending on the scale and potential impact of proposed operations, is authorized to require the posting ora Consultant Fee by an applicant. This fee shall be used to hire an independent, expert consultant to investigate the site for the proposed project and to examine the plans or other information submitted by the applicant to assist the Board in evaluating potential adverse impacts upon a resource area by the proposed project. The Board in its discretion will determine whether the complexity of the activity, the difficulty in determining the threat to the resource areas or the size of the request or project involves and requires more information and analysis than can reasonably be supplied to the Board without independent technical professional assistance. (1) The Board may require the payment of the Consultant Fee at any time in the deliberations prior to a final decision. (2) The Consultant Fee may be required for expert opinion regarding, but not limited to, wetland resource area surveys and delineations, analysis of resource area values, wetland resource area reports, hydrological and drainage analysis, wildlife habitat analysis, shellfish surveys, and environmental land use law, or any of the following: (a) placement, removal or grading of at least fifty (50) cubic yards of material; (b) five hundred (500) square feet or greater alteration of a resource area; (c) shoreline or bank alteration to a coastal or inland waterway; (d) five hundred (500) square feet or greater alteration to land in a naturally vegetated condition that constitutes a resource buffer area; (e) discharge of any pollutants into or contributing to surface or groundwater of the resource area; (O construction of any stormwater control facility, or water control structure; or § 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 no fee for this conference. B. Investigation and coordination. Upon receipt of the application, the Clerk shall forward one (1) copy thereof to the Conservation Advisory Council, when appropriate, one (1) copy to the Planning Department, one (1) copy to the Zoning Board, and one (1) copy to be filed with the office of the Trustees. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the town that may result from the proposed operations and shall, within twenty (20) days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response is received within 20 days the application is not subject to further Conservation Advisory Council review. C. All paperwork relative to an application shall be submitted at least seven (7) days before the scheduled hearing. The submittal of additional paperwork after this time may result in delays in processing of the application. D. Hearing. The Trustees shall hold a public hearing on such application. Notice shall be provided pursuant to Chapter 58 of the Town Code. E. Action. After the public hearing on such applications, the Trustees shall either adopt a resolution directing the issuance of a permit or adopt a resolution denying the application. A resolution directing the issuance of a permit may be adopted only if the Trustees find that the proposed operations will conform to the standards set forth in § 97-27 hereof. If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in the resolution. F. Modifications and Amendments. Any and all modifications and amendments of existing permits shall be reviewed by the Trustees in accordance with the standards set forth in this chapter, and may be subject to public hearing. G. Tabled applications. If an applicant tables an application for any reason it will be considered withdrawn if it does not go to public hearing within four (4) months of the time it was tabled. After such time the applicant will have to reapply for a permit. H. Administrative Permits. An Administrative Permit is deemed to have no adverse impact on the wetlands and tidal waters of the town, and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 97-24. Issuance of permit: conditions; inspection fees; performance guarantee. The Trustees may, upon the adoption of a resolution directing the issuance of a permit: A. Impose such conditions on the manner and extent of the proposed operations as it deems appropriate, consistent with the purpose of this chapter. B. Fix the time by which operations must be commenced and within which they must be completed. C. Require the payment of inspection fees. D. Under certain circumstances the Board may require the submittal of"as-built" plans, upon completion of operations, stamped by a licensed surveyor and/or engineer. E. Performance Guarantee. The Trustees may require a performance guarantee to ensure the proposed operations are conducted in compliance with a permit. If the work is not conducted as described in the permit or such work is causing harm to the protected resource, notice will be given in writing. The Board may require, as a permit condition, that performance and observance of other conditions be secured by one or both of the following methods: (1) Bond; (2) deposit of money; (3) negotiable securities; or (4) other undertaking of financial responsibility. F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by the Clerk, file with the Clerk a certificate that the contractor chosen to perform the work under the permit has liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit, which said policies shall name the town as an additional insured. § 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: A. The name of the permittee. B. The date of issuance and expiration of the permit. C. A schedule of when operations will be conducted. D. The conditions imposed by the Trustees on the issuance of the permit. E. The specific location of the areas to be affected by the operations of the permittee. F. A statement that: "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G. A statement that: "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the town and its officers, agents and employees from any and all claims arising from operations under this permit and any and ail acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. H. A statement that: "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the Performance Guarantee (97-24E)." I. A statement that: "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." J. A statement that: "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 97-29)." § 97-27 Construction and Operation Standards A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the sites drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 97-21(14) for requirements. (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than homes on either side of the subject lot. (4) Fences. Only split rail fences are allowed on beaches. Fences on beaches shall not be closer than ten (10) feet to MHW. Only one posted sign per one hundred (100) linear feet offence is allowed. Posted signs shall be no larger than twelve (12) inches by twelve (12) inches square. (5) Swimming pools. Applications for new pools must include a description of how all pool drainage will be retained onsite using dedicated drywells or similar structures. All future pool drainage shall be discharged to this dedicated system. (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than sixteen (16) square feet. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 97-11) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of non disturbance buffers. 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 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 he applied to any bulkheads, retaining walls or revetments after installation. These restrictions do not apply to structures proposed landward of the wetland boundary. (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. 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) JettiesandGroins. 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. (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. (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. General Rules 1. No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in paragraph § 97-27d, below and all other provisions of this law. 2. All docks shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, supporting pedestrian traffic, and resisting lateral loads resulting from wind, wave, and impact forces. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural integrity of the dock so as not to cause a threat to the person or property of others. 3. 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"), commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. 4. All docks and gangways onto such docks shall provide a safe pedestrian surface at all times. 5. All docks, including any vessel tied to the dock, shall have a minimum clearance of fifteen (15) feet of the seaward extension of any property line from adjacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or other reasons. Waterside boundaries can be identified using the appropriate method for the shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5. 6. All docks and floats shall have the appropriate permit number permanently affixed to the most seaward face for identification. Said numbers shall be at least three (3) inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. 7. Except for structures used for water dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. 8. Any application for a dock to be constructed at the end of a right of way or commonly-held land requires the written consent of all parties having an interest in the right of way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. 9. All applicants for docks, including catwalks and ramps, 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 around said dock or by steps or a ramp allowing pedestrian passage. 10. Pre-existing non-permitted and/or non-conforming structures cannot be replaced in kind without full review and approval by the Trustees. 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 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, (c) 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. It] Placement of fence, mesh or other material preventing passage under docks is prohibited. [dj Floating docks, other floats and dock components and duck blinds shall not be stored on tidal wetlands, other intertidal areas or freshwater wetlands. Regulations for the Placement and Configuration of Docking Facilities 1. Residential Docks: [a] Only one dock or mooring is permitted per residential lot. [bi 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. [dj 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 offpoles 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. [gl 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"x4' in dimension. [h] Residential catwalks and ramps are limited to four (4) feet in width. (d) [i] Residential boatlifis are prohibited. 2. Commercial Docks (Marinas, Yacht Clubs and Restaurants): Given the water dependant nature and economic benefit of properties zoned as M1 and M2, dock design constraints and placement restrictions will be given greater flexibility than would otherwise be allowed for residential uses. [a] Construction of new marinas and additions to existing marinas shall require establishment of a pump-out facility for vessel sanitary waste. Review and Approval of Dock Applications 1. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [a] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; lb] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water dependant activities; [c] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [d] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [e] Whether the dock will cause degradation of surface water quality and natural resources; [fi Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [g] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [i] Whether the dock will unduly restrict tidal flow or water circulation; [j] Whether the dock will be safe when constructed; [k] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [1] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether altemate design, construction, and location of the dock will minimize cumulative impacts; and [m] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service (3) Dredging. (a) Creeks: (1) Maintenance dredging (as defined in § 97-11) only is permitted, unless applicant owns underwater land or applicant is requesting permission to dredge in connection with installation of low sill bulkheads. (2) Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. (3) Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited. (h) Freshwater wetlands: (1) Dredging of freshwater ponds may be permitted when it can be demonstrated that such action will restore the waterbody to a historic condition, improve water quality or habitat value. § 97-28. Standards for issuance of permit. The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof. G. H. I. town. J. Increase the danger of flood and storm-tide damage. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the Change the course of any channel or the natural movement or fiow of any waters. Weaken or undermine the lateral support of other lands in the vicinity. Otherwise adversely affect the health, safety and general welfare of the people of the Adversely affect the aesthetic value of the wetland and adjacem areas. § 97-29 Certificate of Compliance. A certificate of compliance shall be issued by the Trustees prior to use or occupancy of a structure, which has been erected, enlarged, or altered pursuant to the issuance of a permit in this Chapter. §97-30. Transferability. A permit issued pursuant hereto shall not be transferred or assigned without the prior approval and review of the Trustees. The fee for transferring said permit shall be fifty ($50.00) dollars. ARTICLE III, Administration and Enforcement § 97-31. Coordination and Enforcement The Director of Code Enfomement and/or the Bay Constable are responsible for coordination and enfomement 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 Enfomement or Bay Constable have reasonable grounds to believe that operations regalated 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 owners agent or the person performing such operations, to suspend ail operations; and any such person shall forthwith cease operations tmtil 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 § 97-3 lC to fail to comply with such notice. § 97-33. Heating 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 ten (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 shail 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 (5) days' notice of the time and place thereof. C. At such heating, 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 heating, the Trustees may sustain, modify or rescind such notice of violation, or revoke any permit previously issued, and shall specify the masons therefore. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and determination of the Trustees. § 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 fall 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 fall 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 ora 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. (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. IlL Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk Revised 8/26 & 8/27/03 Revised 8/2/04 (New chapter) Chapter 34 § 34-10. MOORING AND ANCHORING Mooting and anchoring. B. Assign mooting sites in other waters where appropriate through use of alternative mooring techniques and better layout of mootings. C. Ensure protection of shellfish beds and eelgrass and submerged aquatic vegetation (SAV) habitat through better siting of mootings. D. Improve enfomement by establishing clear mooting identification systems. E. Establish minimum mooring tackle standards to increase safety._ and F. Facilitate the removal of all RcmcYe illegal moorings. G. Revoke permits where mooring is not used by permit holder. H. Enforce existing mooring permits. I. Maintain a formal mooting application list and waiting list. J. Require appropriate and legitimate public or private access to the mooring. 1 layout. TNs law is intended to: Adopt permit procedures for designating mooring areas based on a mooting grid or The Town of Southold permits temporary anchoring and the installation of moorings for boats in specified locations of town waters. The tight to control these mootings emanates from ownership resulting from the Andros Patent as well as New York State law. The area of jurisdiction lies within all of the Town's Creeks and out into the Bay 1,500 Tkefeet. The use of moorings has increased to such an extent that the number of moorings has begun to impair the fragile marine environment in the surrounding town waters. The Trustees of the Town of Southold (hereafter referred to as the "Trustees") therefore intend Town~.~t~^n~a ............ to restrict and regulate temporary anchoring and the issuance of mooring permits in order to ensure their orderly and safe placement in town waters. § 34-11. Permit required. No person shall place any moorings in or on any town waters or public lands under or adjacent to town waters in the Town of Southold without first obtaining a permit the~fo~--from the .............. _ Trustees ..................... _. § 34 12 Issuance of permits by ar._~eof th .................. :skcrcb3 thofized and empowered: The Seu~.e!d T~'r,'n Trustees ~ ~r ...... c c~..+~,. · ' au A. To issue revocable permits for the placing of moorings in or on any town waters or public lands under or adjacent to town waters, provided that the same do not obstruct or interfere with navigation or the public use of said waters or lands. B. To establish and designate restricted areas in the Town of Southold wherein the mooring, anchoring or placing of boats shall be prohibited. C. To establish uniform fees for the issuance of permits required by this Article. § 34-13. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOAT or VESSEL - Any floating object capable of carrying people as a means of transportation in water, including any airplane capable of landing on water as well as any floating structure, excluding floating docks, not otherwise considered to be part of a dock structure as defined in Chapter 32, with or without means of propulsion that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed devices located above or below the mean high water mark. BOATYARD - A commercial facility having the primary function of building, repairing and/or maintaining vessels, with or without provision for sales of food and beverages, general supplies, fuel, vessels and equipment, rental of space for berthing or storing vessels, and/or the rental of commercial moorings. FLOATING DOCK - Any structure, raft or floating platform which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any piling~ or mooring system designed to keep the dock at a fixed point. FLOAT~.~G DOCK HOLDING MOORING - A mooring used by a boatyard or marina for temporarily securing a vessel before its hauling or launching, and not for rental purposes. 2 MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other watercraft, other than floating homes, and which may also be capable of removing any and all watercrafts moored or docked within the marina from the water for repair and/or storage. MOORING- Any of a number of different mechanical or cable-like systems the intended purpose of which is to permit the securing of a boat to a fixed location. Said system typically consists of an anchoting device (mushroom or other) which is placed on the bottom of the barber -water body and is connected to a floating device (i.e., ball) by cables and/or lines. Thc MOORING AREA - Those underwater lands designated by the S,~'atbe!d Tewn Trustees as areas exclusively for the t, ................... r ............ moormg of boats or vessels. MOORING GRID - -A configuration of mooting placements designed to optimize the utilization of the mooting area, based on a system ofx-y grid plane coordinates, established by the National Ocean/National Geodetic Survey, that can be used for defining and stating the geographic positions or locations of points on the surface of the earth within a given area. MOORING PERMIT - Written approval of the_ Scuth~!d Tzwn Trustees required to place a mooting on underwater lands as specified under this law. RIPARIAN OWNER - The person or persons having title in fee to the adjacent upland parcel, who possesses the common law tight of reasonable access, such as a mooring or stake and pulley, to adjacent navigable waters. This shall include the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in the adjacent upland parcel. RIPARIAN OWNER MOORING - A ptivate mooring, belonging to a waterfront property owner, the use of which is net z_limited to a specifically identified vessel. STAKE; MOOR~,*G AND PULLEY SYSTEM - A system consisting of an in ground or equivalent stake above the mean high water mark and amc, z~ng stake in the immediate adjacent waterways, both connected by lines and pulleys for the purposes of securing a vessel. Fc, r TEMPORARY ANCHORING - The securing of a boat by means of an anchor hours within a single ......... ,"water body. TOWN WATERS - All the creeks and coves including but not limited to 6need4isO- Brushes Creek, Budd Pond, Cedar Beach Creek, Conkling Point, Corey Creek, Dam Pond, 3 Deephole Creek, Downs Creek, East Creek, Fishing Shack Creek, Goldsmiths Inlet, Goose Creek, Gull Pond, Hallocks Bay, Halls Creek, Harbor Lights, Hashamomuck Pond, Hay and Broadwaters Coves, James Creek, Jockey Creek, Little Creek, Mattituck Creek, Mud Creek, Petty's Pond, Pipes Cove, Richmond Creek, Sages Basin, School House Creek, Shellfisher Preserve, Spring Pond, Stirling Basin, Town Creek, West Creek, West Harbor, Wickham Creek, Wunneweta Pond. VESSEL CLASS - A vessel designation based on design characteristics, and in particular, a group of vessels whose hull dimensions fall within established limits. W1NTER STAKE - A marker which replaces a mooring buoy and which bears the valid permit number as prescribed in this Chapter 34. YACHT CLUB - A for profit or not-for-profit corporation, as defined by § 102 of the Not-For- Profit Corporation Law of the State of New York, established for the principal purpose of engaging in recreational boating. The activities of such a "yacht club" shall be limited to its members and their guests and shall not be extended to the general public. §34-14. Temporary Anchoring A. No boat shall be anchored that it at any time rests within any boat channel or interferes with the full use of such channel, nor shall any boat be moored or anchored within 50 feet of any dock, pier or other boat docking facilities: unless authorized by the Trustees. B. All boats temporarily anchoring in Mattituck Creek shall anchor only in the federal anchorage area located near the head of said creek. The Ts;;~ South,eld Tswn Trustees shall cause said anchorage area to be suitably designated by appropriate buoys or markers and shall also cause suitable signs to be placed at appropriate locations in said creek to direct boaters to such anchorage area. C. Anchoring shall not be permitted for a continuous period of more than three consecutive nights in a fourteen-day period within an anchorage unless authorized by the Trusteesthe-gay Ccnstab!e, whoseieh_ authorization may only be granted for emergency situations. §34-15. Mooring Requirements A. No boat shall be so moored that it at any time rests within any channel or interferes with the full use of such channel, nor shall any boat be moored or anchored within 50 feet of any dock, pier or other boat docking facilities, unless authorized by the Trustees. B. No boat shall be moored in such a manner as to interfere with the use of a preexisting moorings. C. No person shall moor, anchor or place any boat on any public lands at the end of any town highway in the Town of Southold in an area established by the Sc ............. Trustees of ..................... as a res cte area. D. Moorings: anchoring rafts and/or floats, including those governed by upland owners' 4 property tights, must be assigned a permit number by the Southold Town Trustees. E. No moorings shall be permitted in the following Town waters: Wickham Creek, Hallocks Bay, Downs Creek and West Creek. F EF.- No boats greater than 26 feet in length (defines as tip of bow to rear edge of transom) shall be permitted to moor in any Town Creek. Existing moorings and vessels will be grand fathered in as of adoption of the code. G FG. Rafting on a single mooring will only be permitted for not more than three boats during the daylight hours and two boats at night, provided it does not interfere with adjacent single moorings or anchorages or navigation of other boats. Owners or operators of rafted vessels shall not leave the raft unattended and shall be available to tend to the vessels in the event of heavy weather. §34-16 Mooring Assignments - General Rules for Town Waters A. Town residents shall only be allowed one mooring, in Town waters, per residential lot. BA. Riparian owners shall be permitted to erect a dock or install a mooring but not both, based on site-specific environmental and logistic considerations including ,but not limited to depth, bottom type, shellfish populations, seagrass meadows, proximity to navigation channels, but not both, within the waterside boundary projects of their property. All riparian owners must apply to the ...............Trustees prior to the placement of moorings. CB ........ v ............. Town residents shall be permitted to moor their vessels only in designated mooring areas. D. Boatyards and marinas shall be entitled to apply for rental mooring permits and holding mooring permits in accordance with the procedures set forth in this chapter :based on site- specific environmental and logistic considerations including ,but not limited to depth, bottom type, shellfish populations, seagrass meadows and proximity to navigation channels. § 34-17 Mooring permits. A. No mooting shall be placed unless authorized by a permit duly issued by the Soutkc,!d Tv, wn Trustees. Mooring permits shall be valid for a period of 1 year C-~-. Moorings must be inspected every year by a qualified inspector. ~-3-¢~-Vea~-. Moorings shall be permitted in only designated mooring areas._ and kn cc.~aLn water, vay~. 1. Any person applying for a moonng penmt ................................ -,vt- ........................... : ....... ~,~ m town waters must be a resident of Southold Town and otherwise comply with the requirements of this chapter. Proof of ownership or of lease or charter agreement must be submitted with the application. Applications for moorings shall not be accepted for the following types of boats: a. Boats less than twelve (12) feet, nor more than thin'wy twenty-six (2_g6) feet, in length for town waters. b. Personal watercrafts, kayaks, sea planes, canoes and specialty prop-craft. c. Sunfish, surfboards, windsurfers and similar board boats. de. Floating dry docks, swim floats and similar non-self-propelled vessels. el. Boats used as a permanent dwelling. 2. Applications for permits shall be available in the Trustee's office and shall require the following information: a. Vessel owners's name, address and contact phone number and proof or residency of Southold Town; b. Description of specific vessel to be moored including: Vessel type and dimension (total length, water line length, beam, 2. 3. 4. 5. Type and size of vessel's engine (if any) Hull identification number for vessels built after 1972 Photograph that clearly identifies the vessel to be moored. New York State Registration number. --34. Coordinates of vacant location chosen by the applicant in a gridded mooring area. In a non-gridded area, the applicant must submit a sketch and description of the desired location in other mooring areas in a form acceptable to the Trustees. The trustees reserve the right to require any additional information. BG. All mooring buoys shall be assigned a number by the Clerk of the Trustees, which shall be affixed to the buoy by the permittee in numbers at least three fz::r -inches in height. A permittee shall notify the Clerk of any change in the boat to be placed at the mooring within thirty (30) days of the change and must update the application to include information and a photograph of the new boat. The applicant must get Trustees approval prior to placement of the new vessel on said mooring. C_D. Mooring permits shall contain the following conditions: 1. The permit holder is responsible for installing and maintaining the appropriate mooring tackle to adequately secure the boat to the mooring. The permittee shall select a mooring that will adequately hold ground at that location under all conditions. 2. The permittee in gridded mooring areas shall guarantee that the pennant of the mooting shall not exceed the maximum length specified by the ............. ._ Trustees for such vessel class. 34. All winter stakes must be removed from the water, and the mooring marked with a buoy, between J::!y -May 1 and November 15. ~.5S. Acceptance of a mooring permit shall constitute an agreement that the permittee will hold the Town of Southold and its authorized boards and officers completely blameless for any liability in connection with the mooring or the boat or vessel; nor shall the Town be responsible for the loss, theft or damage to boats and or their contents nor damage to any other private property caused by moored boats. ~:~,:^~ r.^~ +~,~ Bay Constable for a peric~ E_F. All mooring permits shall be valid for a period of_ ' 1-years but will expire on December 31 of the t~:~r~ ~vear of issuance. FG. If a permittee fails to place a mooring in the designated location during the mooring permit period, the mooring permit will not be renewed. G_t4. A private mooring left unoccupied by the permitted vessel for one ,/ear during the permit period may not be renewed if there is a waiting list unless, t4owove~: g- In the event of the death of a permittee the surviving spouse or the children may apply to the Clerk of the Trustees for a transfer of the permit, if they reside in the residence of the deceased. If a r ............ -~ ......................be _I~t. Any person who intentionally makes a false or fraudulent statement or representation in the application for a resident mooring permit shall be subject to permanent revocation of a mooring permit or commercial mooring privileges and associated legal action. §34-18. Riparian Owner Moorings A. Riparian owners are not entitled to a mooring in the adjacent waterway or an,/other town waters in which they have a dock. Only one mooring per upland adjacent parcel is allowed. All riparian owners must apply to the Sc, u~.,~!d To;;m_ Trustees prior to the placement of moorings. B. Moorings shall be placed at the discretion of the Trustees within the waterside boundary lines of the parcel so as not to interfere with the water access from adjacent parcels. The waterside boundaries are determined using the appropriate method for the shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5. The Sz'.:*&v.!~ T.~vm_ Trustees may require appropriate documentation for the application, including surveys when necessary, to determine water fights lines, rD:, ...u~, :~ ,u:~o~ C. Mooring buoys shall be placed in such a manner that each moored vessel will avoid contact with any other moored vessel or structure. ............... _ Trustees pursuant to D. A riparian owner mooring permit granted by the c^..,u~a ~v .... this Chapter shall not be rented, transferred or assigned, except as follows: 1. In the event that a riparian owner rents or leases his/her residence in favor of exclusive tenant occupancy for least 120 days, the tenant may utilize the mooting for the same or smaller Class Vessel for all or part of the duration of the occupancy of the residence; provided that the Clerk of the Trustees is notified in writing of such arrangement including copy of the lease, prior to the tenants' use of the mooring. 2. A riparian owner mooring may be used for not more than five calendar days in any calendar month by other vessels of the same or smaller class belonging to the permittee or the permittee's guests; provided that written notice of such occupancy is delivered to the Tev. m- Trustee's Clerk's office not later than the second day of such occupancy. Seasonal Moorings A mooring permit may be issued by the Trustees for seasonal use. The mooring permit will indicate a time period that it can be used. Failure to remove a seasonal mooting on time will result in the forfeiture of the permit. Removal will be at the owners expense. Seasonal moorings must comply to all other requirements of this Code. §34-19. Moorings in Designated Mooting Areas A. The Town Board, in consultation with the S~.'x~z!d T.~v.m: Trustees, shall establish and identify the locations and perimeters of all mooring areas within Town waters for the use of non- riparian vessel owners or riparian owners who are not permitted to place a mooring in water adjacent to their upland properties. Coordinates of each mooting area shall be mapped and on file in the Eear~ ~ Trustee's Office. The map must show the total area of each mooting area using acres and square feet. B. In designating Mooring Areas, the T.~v.~ E.~d Trustees shall ensure that such areas shall avoid navigation channels, shellfish beds, shellfish sanctuaries, eelgrass beds, wetlands, submerged aquatic vegetation and State or Federal-designated Significant Coastal Fish and Wildlife Habitats and other environmental constraints, or other areas deemed by the Trustees to not be appropriate for placement of moorings. C. The hull dimensions applicable to each class of vessel shall be used as a basis for configuring a mooring area grid that accommodates vessels having a wide range of dimensions. D. The locations of mooring and stake mooring and pulley systems within certain mooring areas shall be prescribed by vessel class at specified positions established by the c~'"~'~ q' .... Trustees, so as to accommodate an optimum number of vessels in a vessel class. ............... _ Trustees. The E. The location of each mooring shall be assigned by the ~^'"~'~ ~r ..... right to use a mooring space shall be based on a first-come first-served basis, as discussed in the section on applications. F. The .... Trustees shall consider optimum use of available space, vessel safety, environmental protection, impacts on shorefront property owners, whether the mooring will be used for temporary vessel storage or !i;'!ng abcard and the size and class of vessel, while assigning mooring locations. G. Qualified applicants for a mooring permit in a gridded mooring area shall submit the required application form to the Clerk of the Trustees and indicate a preference for a vacant location within a vessel class, suitable for the vessel to be moored. H. A · . . a:,.:a~a :~ ....... , ~ ..... · wa]Ung hst ........................... shall be established and maintained by the Clerk of the Trustees for each designated mooring area, where no vacancies exist. To rcma:~n cn §34-20. Moorings Associated with BoaWards, Marinas, Yacht Clubs and Boating Associations A. The .............. _ Trustees are empowered to designate commercial mooring areas for the placement of moorings by boatyards, marinas, yacht clubs or boating associations which place multiple moorings in the course of their business or association activities along the underwater lands owned or controlled by the ScutSc!d T:::'n Trustees and the Town. These oofi g area hall ly be placed ' the B ~,~ ........ :n, ~- ~ ~*'~" b ...... a m n s s on In ay ......................... ~, .......... B. Boatyards, marinas and yacht clubs or boating associations which seek to place multiple moorings in the course of their business or association activities may make application on behalf of' persons who utilize their launch and mooring facilities. Said permits shall be designated commercial mooring permits and shall be limited to placement on moorings in certain mooring areas, when said areas have been established o__Llocated adjacent to dock or shore facilities. Such applications shall indicate the size of the largest vessel, which will be allowed to occupy the mooring. Boatyards and marinas may also apply for a maximum of two "holding moorings" used to secure boats temporarily before hauling or launching. Seasonal, transient and holding moorings shall be visually differentiated and records kept of all vessels residing in the mooring field. § 34-22. Renewfls 1. The Clerk of the Trustees shall notify the permittee by first class mail at the address shown on the application for the current permit a least fl~ree-two months prior to the expiration such permit of the need to renew said permit prior to its expiration, per an enclosed blank application form. The period may be renewed only within the tt~ee-two month period prior to the expiration of the current permit (December 31 of that year). If the application for renewal and accompanying fee are not received before the expiration of the current permit, the current p~qod -permit shall be considered null and void on the expiration date. Any -application to renew filed after the expiration date shall be treated as an application for a new mooring permit and shall go to the bottom of the waiting list. However, the Trustees in their absolute discretion may extend such period, upon submission by the applicant of a timely letter establishing reasonable cause. 2. Mooting permits shall be renewed by the Clerk of the Trustees when a timely application for renewal is filed by the permittee indicating that the dimensions of the vessel or type of vessels to be secured to the mooring are the same as those designated in the prior permit and that the components of the mooring meet the requirements of this article. Applicants for renewal permits must provide the Clerk of the Trustees with proof that the applicant owns the same boat as described in the permit. 3. If the vessel or type of vessel to be secured to the mooring is substantially different from the ............... Trustees shall not renew the permit those designated in the prior permit, e^..,~.~ ~r ...... Trustees, unless such different vessel or type of vessel may, in the opinion of the be accommodated in the mooting area and unless the applicant agrees to pay the costs of any the ............... Trustees to accommodate such relocation of moorings deemed necessary by e^,,.~ w different vessel or type of vessel. 4__. The Em:thc!d Town Trustees may refuse to renew a mooting permit for failure of the applicant to comply with the provisions of this article or the orders, rules and regulations of the Trustees or the Bay Constable concerning the location and use of moorings during the preceding permit period. 5.~.: Boatyards, marinas, neighborhood associations and yacht clubs applying for renewal permits must submit a map supetimposed on a suitable NOAA chart or legal survey documentnavigat:.ena! c~a.~ and appropriately enlarged ~ showing the locations of all moorings in their gtids, if such exist, and the individual mooring numbers. Each application shall include the required fee. NOTE: The trustees need to designate buoy sizes and colors corresponding to bay and creek locations. End note. §34-24. Fees 10 All mooring permit applications shall be submitted with the required fee. The application fee for a t~rcc one year permit shall be $25.00 and the following annual mooring fee (to cover the administrative costs associated with mooring and vessel inspections for new and renewal applications), shall be due December 31st. of each year. 1. Less than or equal to 201529 fi. 2. Greater than 20 fi. up to and inclusive of 25 fi. 3. Greater than 25 fi. up to and inclusive of 30 ft. 4. Greater than 30 fi up to and inclusive of 35 ft 5. 32 ft. 6. 33ft. 7. 34ft. 5. g-. Greater than 35 ft an~ ::p · 9. Commercial fees $2.50 per foot $5.00 per foot $6.25 per foot $10.00 per foot --$12.50 per foot 1. Seasonal??????? 2. Transient?????? 3. Holding??????? $12 50 A percentage of the mooring fees to be determined by the Town Board shall be used for monitoring and maintenance of moorings and mooting fields. **NOTE** THE TOWN BOARD SHOULD DECIDE THE FEES §34-25. Mooring Equipment - Requirements Fore and afl moorings may be required under certain circumstances at the discretion of the Trustees. A. Moorings shall meet the following requirements: 1. All mooring buoys shall be clearly visible and white above the waterline, shall be a minimum of twelve inches in diameter and be clearly marked with the permit number. All moorings shall have a circle of reflective tape around the circumference and above the waterline. 2. All permit numbers shall be marked in black, be not less than 34- inches in height and shall be clearly visible at all times between dawn and sunset. 3. All stake, mooring and pulley systems shall be marked with the permit number both on, or immediately adjacent to the shore-end stake and on the connected mooring buoy. 4. Rental mooring buoys shall clearly be marked with {m-a- 3 inch "R" plus the number. 5. number. 6. permit Holding mooring buoys shall clearly be marked with {m-a-3 inch "H" plus the permit Dimensions: The following table are minimal suggested tackle designs. The 11 applicant bears responsibility for adequate tackle to hold under all possible conditions. Length at Diameter of Diameter of Diameter of Pennant Nylon Waterline Mushroom Top Half Bottom Half Buoy Rope of BoatAnchor of Chain of Chain Diameter Diameter (feet) (pounds) (inches) (inches) (inches) (inches) 15 to 19 100 5/16 3/8 15 ½ 20 to 24 200 5/16 3/8 15 ½ 25 to 29 250 3/8 3/8 15 aA 30 to 34 300 3/8 ½ 15 3A 35 to 39 350 3/8 ½ 15 ~A 40 to 44 400 ½ 5/8 18 aA 45 to 49 500 ½ 5/8 18 1 50 to 54 550 5/8 3/4 24 1 55 + 700 5/8 3A 24 1 *NOTE: 1. Shackles, swivels, etc., should be the next size larger than the chain size. 2_. 3. All buoys shall have swivels located not more than half way down the rode. 3_4. All moorings must be removed or inspected annually. 45. All shac~qsshackles must be safety wired. 56. All vessels shall have chaffiing gear on pennant lines. 6g. No person(s) or corporation shall tamper with or move any mooring not owned or under the control of that person or corporation unless under the direction of the Bay Constable. B. A winter stake shall be upright at ail times at not less than a thirty-degree angle, with at least eighteen inches of one end painted white and exposed above the water, and have reflective tape around the entire stake a minimum of 3 inches in width.. The permit number shall be marked in black or other contrasting color on the exposed, white end of the winter stake in figures at least three inches tall § 34-26. Mooring maintenance. ~nspected each year, A. Moorings must be serviced and' 12 ........................ v .......... ~ wv ....... Proof of inspection must be provided with the application or a request for an application renewal. B. All moorings are subject to random inspections for location and condition by thee Trusteesa-Bag-Goastab~ or his their designee, who may require hauling, repair or replacement for worn or defective tackle. C. Moorings failing an inspection or missing a buoy or otherwise defective or unsafe shall not be used until the condition is corrected. D. If unsafe conditions persist or the mooting is abandoned, the Trustees_._~'3/^~ t-^.~.~.~ shall order and direct the removal of the tackle. In the event that the owner fails to remove the tackle within 10 business days, the town may cause- require the tackle to be lifted and removed. The expense of such removal shall be a lien and charge on the property of the boat owner until paid and shall be collected in the same manner and the same time as other town charges. If in the opinion of the Trustees or the bay constable a mooring poses an immediate danger it may be immediately moved at the owners expense without notice to the owner. E. Notwithstanding the foregoing, the Scu~c!~ T~;;~_ Trustees shall have the authority to require a permit holder of a mooring to relocate a mooting if it determines ~ that there are compelling masons requiting a relocation. If them is no available alternate location, the permit holder will be offered top priority on the waiting list in the mooting area selected. § 34-27. Mooring without a permit. A. No person shall install or use a mooring in town waters without a mooring permit issued by the c~..,~ T .... Trustees B. Any mooring without such a permit shall be removed upon notice from the_ ~ ........ ...... Trustees o~,~y-~,o~stab~_, which notice shall be by written notice posted on the mooting and on any boat attached to said mooting. C. If such mooting is not removed by the owner within '~':"'-'__..~ ~,~/'*~ ^'~ da3':- 24 hours after the posting of said notice, the_ $cx:tkc!d Tcv. m Trustees ~ may direct the immediate removal or destruction of the mooring and the cost of said removal, including storage charges for any boats attached thereto, shall attach to and shall become a lien upon said property, and said property may be sold, upon direction of the court, at public auction to defray said expenses, any surplus being returned to the owner of record. The town shall not be liable for any damage done to said mooting or any attached boat during its removal, storage and sale. §34-28 Pre-existing Moorings A. For the purpose of this Chapter, any mooring existing on the time of the effective date of this local law for which a permit has been issued by the $eutke!~ T:v.m- Trustees pursuant to Chapter 32 or 97, which shall be made nonconforming in any respect (iei.e.-location, tackle or boat size)at the passage of this local law, may be continued. Relocation of the mooring ma,/be necessary to conform with future designated mooring fields. Hhoweveh the vessel owner is 13 required to apply and submit payment of the required fee for a thane-one year mooring permit. B. All approved moorings appr-ov~-_or transferred after June 6, 1991~ by the Scutkcld To~xm Scu~.kc!d Ten:m_ Trustees that are not used for at least thirty (30) days per year, shall may be subject to revocation by the ScuXq:!d T~;;m_ Trustees. §34-29 Enfomement A It shall be the duty of the Director of Code Enforcement, Bay Constable and his deputies and assistants to administer and enforce the provisions of this chapter. The Director of Code Enforcement and Bay Constables shall have authority to control temporary anchoring and the use, placement, relocation and removal of moorings and vessels attached thereto. Additionally, the Director of Code Enforcement and Bay Constable has the authority to suspend further use of the mooring until violations are corrected. B. Notice of violation. 1. Whenever the Bay Constable has 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. 2. 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 Scuth~!~ Tcv.~ Trustees-~gtheO'eoma cf Szutk. c!~, as hereinafter provided. 3. Such notice shall be served upon the person to whom it is directed by delivering it to him them.personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mall to his -their last known address. 4. The Director of Code Enforcement and 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. 5. 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 and/or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. 6. It shall be unlawful for any person served with a notice of violation to fail to comply with such notice. C. Heating. 1. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a heating before the Scuthc!d Tc,;:.~_ Trustees, provided that such person shall file a written request t.herefcr _with the Town _Clerk of the Trustees within ten (10) days after service of the notice of violation. Such request shall have 14 annexed thereto a copy of the notice of violation upon which a heating is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. 2. The Tzwn _Clerk of the Trustees shall present such request to the ..... ._ Trustees at its next regular meeting. The Southold Town Trustees shall set a time and place for such heating and shall give the person requesting the same at least five (5) days' notice of the time and place thereof. 3. 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 heanng, the .............. _ Trustees may sustain, modify or rescind such notice of violation or revoke any permit previously issued and shall specify the reasons therefc, aherefore. Non-permitted moorings must be removed immediately and a subsequent heating may be requested by the violator. 4. The notice of violation for which a heating is requested shall continue in effect pending the heanng and determ~natlon of the .............. _ Trustees. § 34-30. Penalties for Offenses. A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or any 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 Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For every 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 the 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 fall to comply with a written order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day's continued offense shall constitute a sepamte, additional violation. C. In addition to the above-provided penalties, the town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 15 STATUS REPORT: COVERING ACTIVITIES FROM 9-30-02 to 7-30-04 FOR: Implementation of Priority LWRP Projects: # CO006213 Task 1. Proiect scoping Four meetings were held to provide overall project planning, prioritization and organization of Task Components. A contract was prepared between the Town of Southold and Comell Cooperative Extension to execute specific Tasks. A steering committee was formed consisting of representatives of the Town of Southold, the Town Trustees and Comell Cooperative Extension to oversee portions of this project. Task 2. Contract preparation and execution A contract was prepared and executed. Task 3, 4, 5, 6 Not applicable for the purposes of this update. Task 7. Town of Southold Mooring Management Plan 1. Comell Cooperative Extension prepared a compilation of its research into existing practices and research on mooring management strategies and techniques. A copy of this report, entitled: Mooring Background Research, is attached for review by the New York State Department of State. 2. All mooting fields in the following creeks have been mapped and linked to digital and aerial photographs: Corey, Cedar Beach, Deep Hole, East, James, Little and Richmond Creeks. 3. Previously and currently maintained navigational channels will be mapped and linked to aerial photographs. Aerial photographs are currently being analyzed and the data is being incorporated into the database. Task 8. Erosion Management Measures A draft work plan is being prepared for this task (the drafting of a genetic set of erosion management measures to be used to prevent erosion at construction sites) will be forwarded for NYSDOS review and approval prior to the start of work. Task 9. Wetland law reformulation This task has been 100 % completed. The law was reformulated by Comell Cooperative Extension in close cooperation with the Board of Trustees and the Town Attomey's Office. It was adopted by the Town Board on February 24, 2003, subsequent to two public hearings and to separate review and comment by the Department of State. Task 10. Development of an LWRP Educational Program Education material to explain the causes and potential solutions to Nonpoint Source Water Pollution to the public has been prepared. The pamphlets are targeted to Mattituck Creek. A copy is attached for review. These pamphlets will be made available to the public at the Trustee and Planning offices. A more extensive distribution program to disseminate this information at schools and other sites will be put together and submitted to the NYSDOS for review and approval before proceeding further. STATE OF NEW YORk DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY I ~23 I-O00 I GEORGe E. PATAKI GOVERNOR April 5, 2004 Honorable Joshua Horton Supervisor Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Agreement #C006213 Implementation of priority LWRP projects Dear Supervisor Horton: Attached is the original payment request that the Town previously submitted for the above cited Agreement. Per the Town's request, the payment is not being processed at this time. It is my understanding that this project has not been completed. Enclosed are an original and two copies of a project amendment which, when executed, will extend the funding for this Agreement to March 31, 2005. Please have these forms signed, notarized, and returned to me for processing. A completed status report (form enclosed) and a copy of all relevant products as defined in Appendix D must also be submitted with the amendment. Upon acceptance of the status report and products, we will process this extension. In the future, the Town should submit products to the Department for review as they become available. The Town is encouraged to submit a payment request for costs incurred through the termination date of the Agreement. Be advised that costs incurred beyond March 31, 2004 cannot be reimbursed until the project amendment has been executed and the funds are reappropriated in the current fiscal year. If you have any questions please contact me at (518) 473-2466 or lparent~dos.state.ny.us. Enclosure CC: V. DeBraccio S. Ridler James McMahon John Cushman Valerie Scopaz Secretary 1 Division of Coastal Resources ;. t] 2004 WW~N. DOS. STATE. NY. US E~HAI l: INFO'DOS. STATE. NY. US scopaz, Valerie To: Cushman, John Liguori, Joanne; Horton, Joshua LWRP Implementation Projects: Billing Arrangements John, So you are in the loop, (the metaphorical one anyway...): Scott Hughes has been appointed the Project Manager for the $50,000 LWRP grant (COOOO6213). Alt billing by Cornell (CCE) to the Town (TOS) for this grant will be through Scott to Josh (through Joanne Liguori) to you. A work contract between the TOS and the State Department (DOS) is being hammered out with Steve Ridler. You will be sent a signed copy of it by Joanne once we get it.....probably within the next month or so. After discussion with Joanne earlier this week, I am taking responsibility (for the time being) for reviewing the bills for the separate $150,000 contract between TOS and CCE. The Town was sent its first set of bills this past December. These bills have not been paid because the Town does not have an agreed upon work plan for this contract. In a separate memo, I will be asking Chris Smith to develop a work plan with payment targeted to the delivery of key work products. If this work plan meet with the Town Board's approvat, it will guide decisions related to payment of bills pursuant to this contract. Once the work plan is accepted, the bills will go from me to Josh (through Joanne) to you. Note that all bills AND correspondence related to LWRP grants and contracts will go to (and from) Josh through Joanne. If you need documentation, go to Joanne first....as she will function as the central repository....and she will ensure that the Town Clerk's office gets the originals of whatever documents are supposed to go into the Town's archives. .oy question to you is this: I wou d ke the bills to be clearly itemized to facilitate review and payment. Do you have a eferred or recommended itemization model that CCE could use for all future billing on LWRP projects? If not, would you rk with me to develop a streamlined billing format? Since we just received another LWRP related grant and can expect to get more in the future, it makes sense to have a single format that we follow with all the grant and LWRP contracts to streamline internal review, accounting and administration. Also, Joanne will set up a coding system whereby each LWRP grant or contract is assigned its own tag....all internal correspondence and bills from CCE will be required to carry the correct "tag" or it won't get paid, responded to, etc. etc. I know this is common sense, but we have not had a system up to date. Thanks for your time and help! Valerie cc: Planning & Zoning Committee Chairs Wickham and Moore LWRP Liaison Craig Richter Invoice #1 Cornell Cooperative Extension Invoice Detail Date 1/1/03 1/1/03 1/2/03 1/3/03 1/4/03 1/5/03 1/6/03 1/7/03 1/8/03 1/9/03 1/10/03 1/11/03 1/12/03 1/13/03 1/14/03 Hours Task 8.00 #1 9.00 #1 8.00 #1 8.00 #1 9.00 #1 9.00 #1 8.00 #1 9.00 #1 8.00 #1 8.00 #1 8.00 #1 8.00 #1 8.00 #1 8.00 #1 9.00 #2 Work Completed developed plans met with V. Scopaz developed plans met with V. Scopaz developed plans met with V. Scopaz developed plans met with V. Scopaz developed plans met with V. Scopaz developed plans met with V. Scopaz developed plans met with V. Scopaz met with V. Scopaz Total Invoice CCE Employee Name amount Tom Smith 320.00 Sally Jones 360,00 Sally Jones 320.00 Tom Smith 320.00 Sally Jones 360.00 Tom Smith 360.00 Sally Jones 320.00 Tom Smith 360.00 Sally Jones 320,00 Tom Smith 320.00 Sally Jones 320.00 Tom Smith 320.00 Sally Jones 320.00 Tom Smith 320.00 Tom Smith 360.00 5,000.00 NOTE: Total should "dovetail" with amount shown on summary Grant Title I Grant # I Period End Date Town of Southold Grant Status Invoice Amount I Amount Paid Datepaid Balance I Southold Waterfront G494 3/31/02 3,054.52 3,054.52 2/4/04 0.00 Revitilization 6/20/02 3,332.69 3,332.69 1/9/04 0.00 9/30/02 17,556.15 17,556.15 1/9/04 0.00 12/31/02 31,125.86 31,125.86 1/9/04 0.00 3/31/03 17,749.32 17,749.32 1/9/04 0.00 6/30/03 13,635.37 13,635.37 1/9/04 0.00 9/30/03 32,871.22 32,871.22 1/9/04 0.00 12/31/03 30,674.87 30,674.87 PAY TO~ Payee Name: Town of Southold, New York - Standard Voucher Payee Tax Identification Number Cornell Cooperative Extension Address: of Suffolk County 423 Girffin$ Avenue, Riverhead lnvoiceNumbcr. 505 InvoiceDate 12/31/03 or£odal~cu~W Number: 11-6081424 PayeeRe~nce 0494 P~neNo.~31 )727~7850 Voucher-Christine Christie VendorCon~ct Project-Chris Smith Purchase Order Number .P.O. Date Cash Disco~ Item Number Description of Materials / Services Quantity Unit Pric~ Amount 1 Personnel Services 15,921.28 2 Travel - MileaKe 7,250.00 3 Travel - Boat Time 3,250.00 4 Administration Fee 4,253.59 Total 30,674.87 Signamre -'l~a~,~.,~,_ 'rifle Ex. rive Director Da~d~ I he ' . Department Certification ~ebrfYoCr~a~thda~t~a~u~ia~l~.t~b°~hee~pe~ihf~e ~ ~¥~?y me in ~oed con~lition without substitution, the services properly enneo ',,nm me exceptions or discrepancies noted, and payment is approved Signature Title Dated Town of S0uthold~ New York - Standard Voucher ~AY TO: Cot ~'~-'-Payee Name: neA± Cooperate'va Extension of ~ Payee Tax ldentfficaflon Number or Social Security Numbe~. Suffolk County Address: 423 Griffing Avenue R!verhead, Ny 11901 lnvoice Number 216 Invoice Date 03/31/02 11-6081424 Payee Reference G-494 PhoneNo.¢ 631 ~ 727-7850 VendorContact Voucher: Cathy Berkhan · ~vj=~. Ch~ $1aiLh; Ch~i~ Picker Purchase Order Number P.O. Date Cash Dtse0un~ % Days Number' DescdpfionofMatefials/~rvicos Qu~fi~ UMt Pri~ Amount 1 Personnel Services 2~630.96 2 Other- Administration 423.56 Toml 3,054.52 Net 3~054.52 , . . Payee Certification The unde~dedth~(?n~ maid/tin g on..bohalf of the above named cla/mant) does hereby certify that the fiaregnlng cla/m is tree and correct o mac no p~/oeen pma, except es therein stated, alxi that the balance therein stated is actuary due and owing ........ . Executive Director - -- 6/7/02 I ' ' . ' . Department Certification hereby ceflffy that the m~tenals above specified have been received b~ me in good condition without substitution, the services prolzrly ~fonned and that the quantifies thereof have been verified w/th the exceptions or discrepanc/~ noted, and payment is approved Signature Title Dated PAY TO: Town of Southold, New York - Standard Voucher Cornell Cooperative Extens.ton Payee Tax Identhtication Number of Suffolk County orSoct~15ecu~rfNumb~: 11-6081424 Addrass: 423 Griffing Avenue Payee Rder~nce G-494 Riverhea. d, NY 11901 PhoneNo. ¢631 ) 727-7850 lvotceNumber 262 Invoice Date 6/30/02 Vendor Contact Voucher: Cathy Berkhan ~urchase Order Number P.O. Date .. Cash Discount % I~m Numb~ · D~cr/p~on of Mater,s / Serv/ce~ Quan~ U~t Price Amount 1 Personnel Services 2~555.89 2 Equipment & Supplies 314.67 3 Other - Administrative 462.13 · Toml 3,332.69 TOS-CCE-#1-2002 " Net , ..... 3~332.69 Thcu'' . ,4 . Payee .~..~,//on nde~/~hd~th~( tCIn~)h(asActin g o~on;~beh.?f~o..,f [h.e.,abov. e ~ ¢!m~ ..ma~. t.). d .oes. hereb .y ce~. 'fy that .the foregg/ng claim is true and correct .~.. been t----., ,~,,.~p, ~ merem sta~e~, aha mat me oalanee merem stated is actually due and owing. $~Uamr: ~i_______ ~fleExeeutive Director Da~d 9/13/02 I ' · . ' . Department Certi/icat/on heTebdYo~~ ~_~a!~.,matenals. a. boy. e spec:i, tied have ~ m:e/ved by me in goo~ condition without substitution, the servicos properly Signature Title Dated . PAY TO: , payee Name; ~ddress: Town of Southold, New York - Standard Voucher Payee Tax Identification Number Cornell Cooperative Extension or 5ocialSecurity Number: .Suffolk County 11-6081424 423 Griffing Avenue Payee Reference G-494 Riverhead, NY 11901 Invoice Numbe~ '.,.~ 0 oc~ l.voice Da£e 9/30/02 PhoneNo. ( 631 ). 727-7850 Vendor Contain Voucher-Christine Christie Project-Chris Smith Purchase Order Number .P.O. Date. Cash Discount. %. .Days · IMm UMt Number D~cfiptlon of Mated~s / Services Quantl~ price Am~nt 1 Personnel Services $ 9,522.28 2 Equipment & Supplies 5,599.42 3 Other - Administrative 2,434.45 Toml $17,556.1~ Net $17.556.1 and that no~.f~nh~, aid, except as therein stated, arid that the balance therein stated is actually due and owing. Signature "~l~¢~H~df~a , Title Executive Director Da~d 9/30/02 1 ~ Depm haent Certification hereby certify that the j~U¥~ds/abo ye specified have been received by me in good condition without subsftutlon, the services properly performed and thatdJffe qo~m i/ties thereof have been verified with the except/ohs or discrepancies noted, and payment is approved Signature ._ __ Title Dar~i pAY TO: Town of Southold, New York - Standard VoUcher Cornell Cooperative Extension Payee Tax lden~ca~on Number payee Name: of Suffolk County Ad.ess: 423 Griffin~ Avenue Riverhead~ NY 11901 Number. 362 InvoiceDate 12/31/02 ot $odal s~eufity Numbem 11-6081424 Payee Rdkrence G-494 PhoneNo.( 631 ) 727-7850 VendorConmct Voucher: Cathy Berkhan Purchase Order Number P.O. Date. Cash D~c0unt % Days Numbg Description of Ma~dMs / Set, cea Quanfi~ U~t ! Peraonnal Servtceo 18~860.65 2 Eaui~ment & Supplies 4,949~6~ 3 Travel 3,000.00 4 Other - Administrative 4,316.12 . - Toml 31,125.86 N~t 31~125.86' · . Payee Certification The u ndeco_..~_ ~e~.~(C. I~man?~ n..behalf of the abov.~ corned clalman0 does hereby ecrfif~ that the foregoing claim is tree and correct anu mm.no p~e~pma, except as therein stated, aired that the balance them/n stated is actually due and owing. $ignatur~/~~~ Tiae E~_ecutiva Director .rDated 02/11/03 · Department Certification I hereby ce~ify that the mater/ah above specified have been received by ma in good condition without subst/tut/on, the services properly performed and that the quant/t/es therecf have been verified with the exceptions or discrepanci~ noted, and payment is approved Signature 'ritie Dated pAY '~0: Address: e~-~Town of Southold, New York - Standard Voucher Cornel~ Cooperative E~tens~on P~eeTaxldentfficationNumber of Suffolk County or~o~alSccufityNumbe~. 11-6081424 423 Griffing Avenue Payce Refemnce G-494 Riverhead, NY 11901 PhoneNo.( 631 ) 72'7-7850 / lnvoiccNumber.. 404 InvoiceDam 3/31/03 VendorConmct Voucher: Cathy Ber~han ~-~O~-~-. ,~tt£~.~ SmiLh Purch~e Onter Number .P,O. Date Cash Dtse~unt % Da Number' Description of Materials / Services Quantity Unit Price Amount 1 Personnel Services 13,668.65 2 Equipment i Supplies 1,619~ 43 3 Administrative Fee 2,641.24 Total 17~749.32 " Nm 17,749.32 · ~ I Payee Certification .... /~x~ ~"~' ~~"u, cep~ as merem stated, al~d thru ~he balance therein stated is actually due and owing. .S~gnam~e_/__~ _ Title Execut~oa~d~ I her~b ........... Department Cerlificaflon y c~tuty mat me rnatouam ouove specified have been received b me in ...... Signature Title Dated Town of Southold, New York - Standard Voucher ~i~'~'~-O: ~ ' Payee Tax Identification Number payee Name:of C°rnellsuffolkC°°peratiVecounty Extension or Sociai Security Numbe~: Address: 423 GriffinS Avenue Payee Reference G-494 Riverhead, NY 11901 Phone No.( 631 )727-7850 Invoice Number 442 lnvoiceDate 6/30/03 VendorConmct Voucher - Cathy Berkban · - project Chris Smith Purchaze Order Number P.O. Date _. Cash D/sceunt % Da Item Number Description of Mater/als / Services Quant/ty Unit Price Amount 1 Personnel Services 11,689.62 2 Equipment & Supplies 54.98 3 Administration Fee 1,890.77 Total 13,635.37 Not 13,635.37 Payee Certification The undersigned (Claim~nt)~,t/~g on behalf of the above named cla/raant) does hereby ceCtify that the forego ng claim is true and correct /hd that~ paid, except as therein stated, a~d that the balance therein stated is actually d~ae a~d owing, Signature ~r/eExecut ire Director Dated ~~ · Depar~nent Certification hereby certify that the materials above specified have been received by me in good condition without substitution, the services properly performed and that the quantities thereof have been verified with the exceptions or discrepancies noted, and payment is approved Signature Title Dated ~PAY TO: Payee Name: cornell Cooperative Extension Address: of Suffolk County 423 Griffing Ava, Riverhead Invoice Number 512 Invoice Date 9/30/03 Town of Southold, New York - Standard Voucher Payee Tax Identification Number or Sociai Security Numbee: 11-6081424 Payee Reference G494 PhoneNo.( 631 ) 727-7850 voucher - Christine Christie Vcudor Contact project Chris Smith 'urchase Order Number .P.O. Date Cash Discount %. D: Item Number Description of Materials / Services Quantity Unit Price Amount 1 Personnel Services-v ~.~gg~qlq. O8 2 Administrative Fee 4. 558.14 To~ 32,871.22 Net The u ' ' ' Payee Certification ndersi~g~dedth?t Inaiot ~l~gn ~ehe~a~o~ ~e~eboreV. me sn~ted~. claimant)does hereby ce~. 'fy that the fe~egoing claim is true and eorcect ~,~7{"'~' p tam, a~d that the baiance therein stated is actually due and owing. Signature ' ' - _ Title Executive Director Dated · . . Department Certification I hcreby~ certify th.a!.the matenah, .above specified have been reex/ved by me in good condition without substitution, the services properly perrormea aaa mat the qumntaUes thereof have been vm'ified with the exceptions or discrepancies noted, and payment is approved Signature Title Dated Suffolk Com'tty Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901-3071 Tel: 631 727-7850 Fax: 631 727-7130 E-mail: suffolk@comell.edu www. cce.comell.edu/suffolk Cooperative Extension Town Of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 ATTN: Valerie Scopaz May 31, 2004 Dear Valerie: RE: Invoice for the period 12/31/03 - 5/31/04 Contract #TOS-CCE- 1-2002 As per Chris Smith, enclosed you will find a voucher along with 2 reports that include supporting documentation as to the progress of this project. Thank you for your attention to this matter. Sinc~re~ly' ~, Christine M. Christie Assistant Bookkeeper Enc. Building Strong and l, qbrant New 'York Communities Comell Cooperative Extemfion provides equal program and employment oppor turdlles. NY$ College of Agriculture and Life Sdenc~, NYS College of Human Ecology, and NYS College of Veterinary Medicine at Comell Umversity, Cooperative Extension associations, county governing bodies, and LIS. Department of Agricult ute, cooperating AY TO: payee Name: Cornell Cooperative Extension Address: 423 Griffing Avenue Riverhead, NY 11901 Invoice Number 684 Purchase Order Number Town of Southold, New York - Standard Voucher Payee Tax Identification Number or Social Security Numben Payee Reference G483 PhoneNo.( 631 ) 727-7850 Chris Smith - Project Manager Invoice Date 7/31/04 VendorConmct Christine Christie - Bookkeeper P.O. Date Cash Disc~unL % Days NumberItem Dascfiptlon of Materials / Services Quantity PfieeUnit Amount 1 Salaries 4,510.09 2 Equipment 456~ 16 zoo z Tom/ 4~ 966.25 Net 4,966.25 · . /~ ~ Payee Certification The undersigned (Clmmant) ~i~g ~oehal f of the above named cla/mant) does hereby certify that the foregoing claim is true and correcl ai~d that ao part~b~n~d, except as therein stat~l, aiad that the balance therein stated is actually due and owing. Si~at~re / I)~.~ ~ ~ e Director D~xi ~'~2._)....lC.( · Department Certification I hereby eertt fy that the materials. .above specified have been received by me in good condition without substitution, the services properly performed and thief the quanttties ~reo f~/ave been verified with the exceptions or discrepancies noted, and payment i§ approved DO CUqVIENTATION FOR/VIS RECIPIENT Cornell Cooperative Extension CONTRACT# REPORTING PERIOD ENDING DATE: 7/31/04 TOS-CCE-1-2002 I. BUDGET/EXPENDITURE DATA Cumulative Current Expenditures Expenditures Available Budget Docmmented Documented Balance to Aanount t/ds Report to Date Document (1) (2) (3) (1-3) A. Personal Serv/ces 49,543.00 4,510.09 33,054.93 16,488.07 B. Fringe Benefits C. Travel D. Supplies and Materials E. Equiptnent 457.00 456.16 456.16 .84 F. Contractual Services G, Other TOTAL 50,000 4,966.25 33,511.09' 16,488.91 1I. CER'I'II~ICATION I certify that: 1) the above claim as detailed on' attached Forms 2 through 4 is just, true and correct; that thc amount clafined accurately represents the expenses ~ recorded in our accounting records; 2) whereworkparformedbypersons notparties to the above-refarencedAgreement; that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accurate represents project accomplishments; 5) documented expenditures liave been made solely for the purposes of the "Project" as described in Exhibit B of the above-referenced Agreement; and 6) I ma the responsible representative authorized to certify this claim. On~S Thomas B. Williams Executive Director igmture Name Title PROJECT NARRATIVE DETAILING PROJECT ACCOMPLISlCIMENTS FORM 2 -Expenditure Detail for this Paymen( Request. tie descriptive and specific. A. _PERSONAL SERVICE REQUEST 1. 2. 3. 4. 5. 6. 7. TITLE Pat Paladines - Program-Assistant Pat Paladines - Program Assistant Pat Paladines - Program Assistant Pat Paladines - Program Assistant PAY PERIODS FROM-To 5/27-6/9/04 6/10-6/23/04 1,034.05 6/24-7/7/04 1,091.28 7/8-7/21/04 1,251.51 10. 11. B. ~FRINGE BENEFIT BREAKDOWN JUBTOTAL $ 4,510.09 AMOUNT CHAP. GED TO THiS PROJECT 1,133.25 C. TRAY~fiL ID. SUPPLIES/MATERIALS Subtot~ $ E. EQUI?MENT Amazon. Com - Weather Digital Camera Amazon. Com - Digital Card Amazon. Com - Flash Memory Reader Subtotal $ $355.14 76.45 24.57 456.16 0 0 5 COR ELL COOPERATIVE EXTENSION SUFFOLK COUNTY Association Credit Card Charges Please Pay To: Fleet Credit Services Date: V'~.~J 0C¢~ (Merchandise,~Service, etc.) Purchased by: ~)( (~Z ~) ¢bL~%<.~66L~. Amount~ ~55.iq Cardholder Name:, 1) Documentation (attached) Packing Slip~Invoice~Registration Form/Travel Authorization Charge Receipt Other (specify). orders. Please make sure NYS Sales Tax is not charged. 2) Signature: I certify that J have received the se..r~ice(//merchandise above and the total ~mount state¢'~ tru,6~ Signed: (~,,~'/~~///'~//~ 3) Description and use of item/service purchased: Please request documentation from vendor when placing telephone listed 4) Charge to: (Project Code or Project Name) Amazon.corn-- Your Invoice Page 1 of 1 Final Invoice for Order #058-0003155-4129127 Print this page for your records. Order Placed: Harch 8, 2004 Order Total: $355.14 Shipped on Mar 8, 2004 Ztems Ordered Price I of: Pentax OpUo 33WR 3.2MP All-Weather Digital Camera w/3x Opt/ca/ $319.88 Zoom [Camera] Shipping Address: Lorne Brousseau Cornell Cooperative Extension 180 Little Neck Road Centerport, NY 11721 United States Shipping Speed: Standard Shipping (4-14 business days) Item(s) Subtotal: $319.88 Shipping & Handling: $6.70 Total Before Tax: $326.58 Sales Tax: $28.56 Total for This Shipment: $355.14 Payment I~lethod: Visa I Last 5 digits: 60181 Billing Address: Chris Smith Cornell Cooperative Extension 423 Griffing Avenue Riverhead, NY 11901 United States Payment Information Item(s) Subtotal: $319.88 Shipping & Handling: $6.70 Total Before Tax: $326.58 Estimated Tax: $28.56 Grand Torah $355.14 Why has sales tax been applied? See tax and selter information To view the status of your order, return to Order Summary. Conditions of Use I Privacy Notice © 1996-2004, Amazon.com, ThC. or its affiliates file://C:~Documents%20and%20 SettingsLNancy\Local%20Settings\Temporary%20internet.. 7/22/2004 COR~ELL COOPERATIVE EXTENSION SUFFOLK COUNTY Association Credit Card Charges Please Pay To: Fleet Credit Services ats: 56.o (Merchandise, Service etc.) Purchased by: L0'~'c'~ ~ (O L~%c-~_C4 U Amount: ,~(~ Cardholder Name: C/,q¢ ,$ 1) Documentation (attached) * ° Packing Slip/Invoice/Registration Form/Travel Authorization Charge Receipt Other (specify) '~ Please request documentation from vendor when placing telephone orders. Please make sure NYS Sales Tax is not.charged. 2) Signature: I certify that I have received the servic~'~)/merchandise listed above and the total ~mount stated;is title. Signed: 3) Description and use of item/service purchased: 4) Charge to: (Project Code or Project Name) Amazon.corn--Your Invoice Page 1 of 1 Final Invoice for Order #058-9294550-8358750 Print this page for your records. Order Placed: March 8, 2004 Order Total: $76.45 Shipped on Mar 8, 2004 Items Ordered Price 1 of: Kingston 256 NB Secure Digital Card ( SD/256 ) [Electronics] $69.95 Shipping Address: Lorne Brousseau Cornell Cooperative Extension 180 Little Neck Road Centerport, NY 11721 United States Shipping Speed: Standard Shipping (4-14 business days) Item(s) Subtotal: $69.95 Shipping&Handling: $6.50 Total Before Tax: $76.45 Total for This Shipment:$76.45 Payment Method: Visa I Last 5 digits: 60181 Billing Address: Chris Smith Cornell Cooperative Extension 423 Griffing Avenue Riverhead, NY 11901 United States Payment Information Item(s) Subtotal: $69.95 Shipping&Handling: $6.50 Total Before Tax: $76.45 Estimated Tax: $0.00 Grand Total: $76.45 See tax and seller information To view the status of your order, return to Order Summary. Conditions of Use I Pr~ivacy Notice_ © 1996-2004, Amazon.corn, [nc. or its affiliates file ://C :\Docmnents%20and%20Settings~qancy\Local%20Settings\Temporary%20Internet... 7/22/2004 CORNELL COOPERATIVE EXTENSION SUFFOLK COUNTY Association Credit Card Charges Please Pay To: Fleet Credit Services Date: (Merchandise, Service, etc.) Purchased by: LDYF~e '~{%~0d Amount: Cardholder Name: ~"¢h ¢ '% 1) Documentation (attached) Packing Slip~Invoice/Registration Form/Travel Authorization ,./ Charge Receipt Other (specify). Please request documentation from ~,endOr when placing telephone orders. Please make sure NYS Sales Tax is not.~,~arged. // 2) Signature;' I certify that I have r.eceived t~e serv?i~e(s)//h~rchandise listed 3) Description and use of item/service purchased: 4) Charge to: (Project Code or Project Name) , Amazon.com--Your Invoice Page I of I Final Invoice for Order #104-0436600-6083150 Print this page for your records. Order Placed: March 8, 2004 Shipped on Mar 9, 2004 Items Ordered 1 of: V/king Intel/iF/ash 6-in-1 USB Flash Memory Reader Order Total: $24.57 Price $18.99 Shipping Address: Lorne Brousseau Cornell Cooperative Extension 180 Little Neck Road Centerport, NY 11721 United States Shipping Speed: Standard Shipping Item(s) Subtotal: $18.99 Shipping &Handling: $5.58 Total Before Tax: $24.57 Total for This Shipment:S24.5? Payment Method: Visa I Last 5 digits: 60181 Billing Address: Chris Smith Cornell Cooperative Extension 423 Griffing Avenue Riverhead, NY 11901 United States Payment Information Item(s) Subtotal: $18.99 Shipping &Handling: $5.58 Total Before Tax: $24.57 Estimated Tax: $0.00 Grand Total:S24.5? To view the status of your order, return to Order Summary. Conditions of Use I Privaqy Notice © 1996-2004, Amazon.corn, Inc. or its affiliates o o o o file ://C:\Documents ¼20and ¼20Settings~Nancy\Loca1¼20Settings\Temporary ¼20Internet... 7/22/2004 cONTRACTUAL SERVICES Ninny_ Araount Service Provided Subtoml 5, From: Scopaz, Valerie Sent: Tuesday, April 27, 2004 2:04 PM To: Leslie Goss (E-mail) Subject: FW: Fishers Harbors Follow Up Flag: Follow up Flag Status: Flagged Leslie, See message from Mark. I also will let Tom Wickham know of this.....he is our LWRP liaison with the Town Board. Valerie ..... Original Message ..... IFrom: Te~, Mark Sent: Monday, April 26, 2004 9:04 AM To: Scopaz, Valerie Subject: RE: Fishers Harbors Val please comment and foward? Leslie, Sorry, I have not gotten back to you...but as you know it is crazy here. In my converations with Chris Smith, Cornell CE was willing to provide a staff member if the Town would pay for the staff and operating costs. With budget cuts, him and I reached the conclusion that the town would not be in the position to match the grant and pay for that person. So, we did not pursue with the TB as of yet. As for Fisher's Island I recall that you had an operator for the boat. If that is the case, I would like to meet to comprise a solid plan to present to the TB. If we could purchase one for Fisher's and they see the benefits...they may be more receptive to buying one for the Peconic Estuary. I am confused about the private operator comment...I believe marinas can install pump- out stations also with the CVAP monies? The LWRP will add wieght to the request for Pump Out boats one approved. Once the TB approves it I will submit the concept again. The first application of the LWRP:) ..... Original Message ..... I From: ~, Valerle Sent: Monday, April 26, 2004 8:41 AM Terry, Mark I;°u;ject: FW: Fishers Harbors Mark, Would you send Leslie an update about the status of the pump-out boat money you tried to get for Southold? Valerie ..... Original Message ..... I From: Oossle~l.com: [mailto:Oosslez~ael,~oml Sent: Saturday, April 24, 2004 6:06 PM plannin,q~town.southold,ny.us Fishers Harbors Hi Valerie - The Fishers Island Harbor Committee is going to meet on May 7 at 4:30pm. I want to put no discharge zones, pump out boats and bathymetry study/mooring grid ovedays on the agenda. But I need some sort of action plan for moving these items forward. I talked to EPA region II about a copy of more current guidance (mine is 1994) for a ndz application. They referred me to Ridler's shop. So after years of not speaking with him, Steve and I had a nice "catch up". He put me onto the EFC web site to pursue CVAP monies for a pump out boat. He said that a private contractor's pump out boat would not be eligible for any of the $35k that is going to Southold. Maybe you have further thouhts on this. As far as the West Harbor bathymetry study and mooring grid overlay goes, I remain hopeful that this project could be funded by part of the $35k grant from NYS. Can you give me a little update so I can brief the Committee? Or is there something I could do to help move things along? I'd like to be helpful rather than a pest! Hope spring is "springing" where you are. Many thanks, lez Scopaz, Valerie To: C: ~ject: Importance: Cushman, John Liguori, Joanne; Finnegan, Patricia RE: LWRP C0006213 High Memorandum I had another meeting today with Chris Smith regarding the LWRP grant #C0006213. We managed to speak with Ridler during this conversation. We agreed on the following. Chris is going to discuss the Eelgrass Management bills with Jim McMahon as I have never administered that grant. I am going to have Laurissa return the bills that we sent up. I also am going to ask Laurissa to extend funding through March of 2005 as we had originally anticipated on the contract. Chris is going to submit new bills to cover Wetlands Legislation work AND Mooring Research. Both these projects are covered under this grant. The other bills were for work pursuant to the TOS-CCE contract, not the grant. The total amount of these bills will be about $30,000, which (technically speaking) will close out the $150,000 account for TOS-CCE- 2002 - unless the Supervisor decides he does not want to pay CCE until we are reimbursed by NYSDOS. This is not a decision I can make. You had asked me where the $$$ was coming from once the $150,000 was paid out and the answer is that in the absence of a budgeted line item in the 2004 budget, it seems it was predicated on reimbursement from NYSDOS.....meaning that Cornell would not be paid by the Town until it had been reimbursed by NYSDOS......We need to talk about this WITH the Supervisor and the Town Board. This is outside my sphere of authori ~es that when we contract with Cornell and send the bills up to Alban~ we will then turn the cash over to Cornell inst~t~t~e'-'~n~.~-~eans that in advance and does not ,qet pa d for severa months Cornell can cope with this ~ provided they Ret paid by the close of their fiscal year. I do not know if you and the Town Board are okay with this. Also, staff is going to have to document its time on the wetlands legislation and the mooring project and the other two projects to the tune of $19,000. That means, Mark, Joanne, Scott Hughes, Pat Finnegan, Lauren Standish, possibly John Sep and myself. Since Scott is no longer in our employ, Chris will ask Chris Pickerell to document his meetings with Scott and I will search Joanne's files to see if Scott submitted time sheets before he left. Since Lauren works for At, he has to be brought into the discussion about the billing and to direct Lauren to document her time (past and present), Scott was supposed to have taken care of this for himself, but, we shall have to review whatever records he left to see if this was done. t also will do a cover letter to Albany and send the draft work product up - evidently the Trustees e-mailed the draft legislation to Ridler without a proper cover letter and they don't have a written record of the Town submitting the legislation to them. Finally, I think that Albany has to sign off on the draft legislation before the TB takes action on adopting it. Steve says that Bill Sharp, who is reviewing the legislation, has not signed off on this. I am copying Pat on this because I have no knowledge of what discussions have been taking place between the Town Attorney's office and the DOS on this, It would seem that the State's input needs to be solicited before the Town Board takes action. With this memo I am asking that Joanne arrange for a meeting with the Supervisor, you and I to resolve current and future billing practices sometime during the week of March 15th. By that time we should have the bills from CCE and the internal timesheets. Valerie ..... Original Message ..... From: Cushman, .]ohn ~ent: Tuesday, February 24, 2004 2:04 PM NEW YORK STATE DEPARTMENT OF STATE DIVISION of COASTAL RESOURCES 41 STATE STREET ALBANY, NEW YORK 12231-0001 USA Phone: (518)474-6000 -FAX: (518)473-2464 FAX MESSAGE TO: FROM: DATE: RE: John Cushman 631-765-1366 Valerie Scopaz 631-765-3136 Lauriss~ February 2, 2004 As we discussed, the final payment request for process this reqt Agreement. Please remove these costs, and fax the revised payment req~ If you have any questions, PAGES TO FOLLOW: We cannot the January 2, 2003 start date of the that were incurred after January 2, 2003, I518) 473-2464. at (518) 473-2466 or by email at lparentq~dos.state.ny.us. This will be the only form of~ BROADOAST REPORT TIME NAME FAX TEL 02/02/2004 16:27 COASTAL RESOURCES 5184732464 5184746000 PAGE(S) 01 DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT CONMENT 02/02 16:25 zgB1631765136G lB 01 OK ECM 02/02 16:26 z9916317653136 34 01 OK BUSY: BUSY/NO RESPONSE NG : POOR LINE CONDITION CV : COVERPAGE ACCOUNTING & FINANCE DEPT. John A. Cushman, Town Comptroller I ) '" ~' Telephone (631) 765-433-3' Fax (631) 765-1366 E-mail: accounting@town.southold.ny.us TOWN HALL ANNEX Feather Hill, Building 10 620 Traveler Street P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR Januaw 26,2004 Jean Fuller New York State Department of State Division of Coastal Resources 41 State Street Albany, NY 12231-0001 Re: Agreement #C006213 Implementation of Priority LWRP Projects Dear Ms. Fuller: Enclosed please find our final payment request for the above referenced project. Valerie Scopaz has indicated that she will complete the Final Project Summary Report by January 30, 2004. Your assistance and patience on this project is greatly appreciated. CC: Valerie Scopaz Joanne Liguori Very truly yours, Town Comptroller DEPARTMENT OF 8TATI~ REC;:iVED STANDARD VOUCHER STATE OF NEW YORK I I 11-6001939 Town of Southold 53095 Route 25 PO Box 1179 Southold Purchase Order No. (Limit to 2 spaces)-) 11971-0959 Description of Matedal~ez~lce Implementation of Priority LWRP Projects Contract No. C006213 Payment Request No. 1 -- FINAL $100,000 k0 r~ Payee CertlfleMIon: I certify that the above bill la juat~ true and correct; that no part thereof has been paid except as stated and that the balance Is a~tually due end/wing, and that taxes from which the State la exempt are excluded. ,m~p Payee', ~fldure In Ink/ .... 1/14/2004 Town of Southold $100,000 bo $ 50,000.00 FOR AGENCY USE ONLY Authorized Signature By Date Title Accum Amount STATE COMPTROLLER'S PRE-AUDIT (;~tlfled For Payment of Audited Special Approval (Il Req uk~l) Lk~;~.;;.. PO/Contract OSC r-'l Check If continuation DOCUMENTATION FORMS RECIPIENT Town of Southold CONTRACT # REPORTING PERIOD ENDING DATE: September 30, 2003 C006213 I. BUDGET/EXPENDITURE DATA Cumulative Current Expenditures Expenditures Available Budget Documented Documented Balance to Amount this Report to Date Document (1) (2) (3) (1-3) A. Personal Services B. Fringe Benefits C. Travel D. Supplies and Materials E. Equipment F. Contractual Services $100,000.00 G. Other TOTAL $0.00 0.00 0.00 $0.00 $0.00 $0.00 100,000.00 100,000.00 $0.00 $100,000.00 100,000.00 100,000.00 $0.00 II. CERTIFICATION I certify that: 1) the above claim as detailed on attached Forms 2 through 4 is just, tree and correct; that the amount claimed accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties to the above-referenced Agreement; that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accurate represents project accomplishments; 5) documented expenditures have been made solely for the purposes of the "Project" as described in Exhibit B of the above-referenced Agreement; and 6) I am the responsible representative authorized to certify this claim. ~ ,~ '~ ~ Joshua Y. Horton Supervisor ture Name Title FORM 2 -Expenditure Detail for this Payment Request. Be descriptive and specific. A. PERSONAL SERVICE REQUEST TITLE l. 3. 4. 5. 6. 7. 8. 10. 11. B. FRINGE BENEFIT BREAKDOWN PAY PERIODS FROM - TO AMOUNT CHARGED TO THIS PROJECT SUBTOTAL $ 0.00 SUBTOTAL $ 0.00 PROJECT NARRATIVE DETAILING PROJECT ACCOMPLISHMENTS See attached Progress Reports to the Town of Southold on the Southold Town Waterfront Revitilization Initiative Covering Activities from 12-14-01 to 6-1-03. C. TRAVEL Subtotal $ 0.00 D. SUPPLIES/MATERIALS Subtotal $ 0.00 E. EQUIPMENT Subtotal $ 0.00 F. CONTRACTUAL SERVICES Name Comell Cooperative Extension Comell Cooperative Extension Comell Cooperative Extension Comell Cooperative Extension Comell Cooperative Extension Comell Cooperative Extension Budget excess Alnount 17,556.15 3,332.69 31,125.86 17,749.32 13,635.37 32,871.22 (16,270.61) Service Provided Waterfront Revitalization-9/02 Waterfront Revitalization-6/02 Waterfront Revitalization- 12/02 Waterfront Revitalization-3/03 Waterfront Revitalization-6/03 Waterfront Revitalization-9/03 Subtotal $ 100,000.00 G. OTHER -- VOLUNTEER SERVICES Subtotal $ 0.00 EROSION MANAGEMENT MEASURES PROJECT OVERSIGHT - RESPONSIBILITIES Deliverables Tasks Person/Dept. Completion Responsible Date Collect and analylze existing erosion Erosion Management 1 management plans, such as the "sediment Brousseau Apr-04 Measures and erosion control manual" by the Soil and Water Conservation District. Modify existing erosion management plans 2 to more adequately reflect the needs of the Brousseau Aug-04 Town of Southold Produce a set of erosion management 3 measures for use by Trustees, Zoning and Brousseau Jan-05 Planning Boards, as well as the Engineering and Highway Deparments TRUSTEES MORATORIUM PROJECT MANAGEMENT Deliverables Tasks Person/Department Completion Responsible Date Wetlands Legislation 1 Define the Town's wetland resource to be protected and justification for C. Pickerell (CCE) & 1-Mar-03 Chapter 97 protecting it. Trustees 2 Review Trustee Codes that relate to the protection of the above C. Pickerell (CCE), Town 1-Mar-03 resource. Attorney & Trustees Meet with the Board of Trustees, CAC, Bay Constables, Director of C. Pickerell (CCE), Town 1-Apr-03 3 Code enforcement, Director of Planning, Town Attorney and other Town Attorney & Trustees )ersonnel to determine suggested improvements in the code. Conduct meetings and interviews with resource managers, planners and 4 regulators from other municipalities to solicit suggestions regarding C. Pickerell (CCE) 1-Apr-03 changes in code/protocol. Convene a meeting between the Town Board and Trustees to discuss C. Pickerell (CCE), Town 1-Apr-03 5 )otential code and policy changes. Board & Trustees C. Pickerell (CCE), M. 6 Coordinate recommendations with LWRP and other Town planning Terry (Planning) & 1-May-03 documents and policy. Trustees C. Pickerell (CCE), Town 1-Jun-03 7 Develop a list of potential changes to Town Code and Trustee Policies. Attorney & Trustees C. Pickerell (CCE), M. 8 Conduct public informational meetings to solicit input regarding Terry (Planning) & 1-Jul-03 proposed changes. Trustees 9 TownPresentBoard.Pr°p°sed changes in Trustee Policies and Town Code to the TrusteesC' Pickerell (CCE) & 1-Aug-03 C. Pickerell (CCE) & Town 29-Feb-04 10 Provide revisions to draft based on public input Attorney Deliverables TRUSTEES MORATORIUM PROJECT MANAGEMENT Tasks Person/Department Completion Date Design restoration and delineation protocols C: Pickerell (CCE) 31-Mar-03 PROJECT MANAGEMENT FOR LWRP GRANT - RESPONSIBILITIES Scientific, Legal and Person/Department Completion Deliverables Tasks Other Problems Responsible Date Bay Mooring Management Collect and analylze existing data on the Plan 1 location and use of moorings Smith 12/1/03 Collect data through the use of GPS and GIS 2 technology to map locations Smith 12/1/03! Create digitized mooring maps of existing 3 moorings Smith 2/1/04 Analyze the significant natural resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and 4 natural resources Smith, Pickerell 8/4/04 Examine location of moorings with regard to navigation channels, marinas and boat launches in order to avoid conflicts between 5 moorings and natural resources Smith, Brousseau 8/1/04 Examine location of moorings with regard to navigation channels, marinas and boat launches in order to avoid conflicts between 6 moorings and other users of water surface Smith, Brousseau 8/4/04 Examine alternative mooring types and ~atterns, and develop alternative solutions to different mooring field problems found in the field analysis, e.g. public moorings of alternative designs that permit greater control 7 over siting and capacity. Smith 12/4/04 SoutholdMooringProject Manager Responsibilities.xlsBay Mooring Mgmt Plan1 12/29/03 PROJECT MANAGEMENT FOR LWRP GRANT - RESPONSIBILITIES Scientific, Legal and Person/Department Completion Deliverables Tasks Other Problems Responsible Date Finalize digital mooring maps for use by Town Trustees and Bay Constabales to improve 8 permitting and enforcement activities. Smith, Brousseau 6/4/04 Review Town procedures for the issuance of § mooring permits. Smith 12/4/04 Provide recommendations for improvements to Ihis procedure including monitoring and 1(~inspection of moorings and enfomement. Smith 1/5/05 SoutholdMooringProject Manager Responsibilities.xlsBay Mooring Mgmt Plar~ 12/29/03 PROJECT MANAGEMENT FOR LWRP GRANT - RESPONSIBILITIES Scientific, Legal and Person/Department Completion Deliverables Tasks Other Problems Responsible Date Meetings with CCE and Town officials to LWRP Education Program 1 identify public education needs Smith,Morgan,Myers 2/4/04 Define media outreach techniques for 2 adults and youth regardin~ the LWRP Smith,Morgan,Myers 3/4~04 Design and produce curriculums for 3 schools Smith,Morgan,Myers 6/1/04 Design flyers and $ignage for LWRP 4 outreach campaign Smith,Mor(jan,Myers 6/1/04 5 6 8 9 10 SoutholdLWRP50kedprog.xlsBay Mooring Mgmt Plan 1 12/29/03 Page 1 of 1 Terry, Mark From: Chris Smith [cfs3@cornell.edu] Sent: Monday, December 22, 2003 11:04 AM To: Lorne arousseau Cc: Liguori, Joanne; Mark Terry; Valerie Scopaz Subject: erosion and sediment control Lorne...please contact Mark Terry and start the ball rolling on meeting with Town officials to deal with the revisions for sediment and erosion control guideline development for the Town......thanks! Christopher F. Smith Marine Program Director 423 Griffing Ave. Riverhead, New York 11901 631-727-7850 x329 voice 63 !-852-3209 fax cfs3~cornell.edu ! 2/29/03 Terr~, Mark :rom: ent: Cc: Subject: Scopaz, Valerie Friday, December 19, 2003 11:46 AM Cushman, John Liguori, Joanne; Terry, Mark Payment of Bills Pertaining to $150,000 contract between TOS and CCE HiJohn, Hope all is well in your neck of the woods! Back in December of 2001, the Town signed a contract with Cornell Cooperative Extension to execute $150,000 of work pursuant to the Local Waterfront Revitalization Program. CCE has executed approximately $119,000 worth of work which they billed us for. The invoices have not been submitted for payment (to you) because neither Joanne nor I could figure out (from the invoices) what we were being billed for. Since that time we have spoken with Chris Smith and obtained progress repods that document the work CCE is billing us for. Joanne will be sending you these invoices once Josh signs them. When they arrive, they will be labeled TOS-CCE #1-2002. This is the code that we are using to keep track of all billing pursuant to this particular contract. Attached to the invoices will be receipts for money CCE spent on equipment and supplies, as well as documentation as to who worked on what. We need to keep track of this information because TOS- CCE #1-2002 is part of the Town match for another $75,000 grant that we received this year for additional LWRP implementation. (We do not have a contract for the $75,000 grant yet but we will be working on that contract in January.) If you have any questions, please direct them to me! Hopefully you won't! have a wonderful Christmas! ~aegards, lerie Page 1 of 1 Terry, Mark From: Scopaz, Valerie Sent: Wednesday, December 17, 2003 8:45 AM To: 'Chris Smith'; Terry, Mark; Scopaz, Valerie Subject: RE: invoice I agree. I was thinking about this as I wrote the short meeting synopsis for JYH and JL. It should not take more than two weeks to get contract in place....if Mark gets to Pat Finnegan today and she gets to JYH by the end of the week or early next week. NYSDOS will not question a signed contract. They just need to know that there is a signed contract whereby the TOS retains Comell to do the work pursuant to the grant. Valerie ..... Original Message ..... From= Chris Smith [mailto:cfs3@cornell.edu] Sent-' Tuesday, December 16, 2003 4:58 PM To.' Hark Terry; Scopaz, Valerie Subject.' invoice we probably should wait to submit an invoice for the wetlands revision and mooring research work until there is a contract in place....what do you think?..in order to get the contract in place the town needs to review the draft I provided and approval from NYSDOS also needs to happen Christopher F. Smith Marine Program Director 423 Griffing Ave. Riverhead, New York 11901 631-727-7850 x329 voice 631-852-3209 fax cfs3~comell.edu 12/17/03 Page 1 of 2 Terry, Mark From: Sent: To: Cc: Scopaz, Valerie Wednesday, December 17, 2003 8:40 AM 'Chris Smith'; Horton, Joshua Terry, Mark; Scopaz, Valerie; Liguori, Joanne Subject: RE: progress reports Everyone- Yesterday, Chris, Mark and I met for one hour to review all the LWRP implementation work that is (or is about to be) contracted out to Cornell Cooperative Extension, Marine Science Division. The following actions were taken. $150,000 Town/Cornell contract 1. A completed invoice was submitted in accordance with a format that had been developed by Joanne and I in order to facilitate internal book-keeping. I have signed the invoice and it will be sent to Joanne later this morning along with a complete invoice. 2. This invoice covers work that was done in all program areas covered by this contract. COO6231 ($50,000) NYSDOSFFOS/Cornell contract 1. A draft contract (between the Town and Cornell) to undertake the work pursuant to this grant was submitted. It will be forwarded to legal counsel for review and, if acceptable, forwarded by legal counsel to the Supervisor for signature. Signed copies of this contract should be sent to Cornell, Cushman, and Neville as well as NYSDOS for record-keeping purposes. 2. The work plan for the wetlands portion of this contract will be amended to reflect work done to date as well as the last remaining portion of this project. 3. Work plans have been submitted for the other three portions of this contract. These work plans appear to be acceptable. They should be sent to Albany for approval. COO???? ($75,000) NYSDOS/TOS/Cornell contract in the works 1. We tentatively agreed to meet again in January on the 27th in order to review the potential projects that will be tackled under the terms of this grant. Our original request for $200,000 (approximately) and NYSDOS has given us some latitude to pick and choose among the projects set forth in the original grant request. Chris indicated that he would be prepared with some suggestions based on a review of all the work that has been done to date under the other two contracts. 2. As with COO6231, there will have to be a contract between the Town and Cornell to undertake the work. Valerie Scopaz [Valerie Scopaz] ..... Original Message ..... From.' Chris Smith [mailto:ds3@cornell.edu] Sent.' Tuesday, December 16, 2003 4:55 PH To: Joshua. Horton@town.southold.ny.us Cc.' Mark Terry; Scopaz, Valerie; Liguori, Joanne Subject: progress reports Josh....it is my understanding that you did not have a chance to see these in support of our invoices to the Town for contracted work....attached are two progress reports that indicate what work has been completed up to the dates of the invoices....please let me know if you have further questions...thanks...Chris Christopher F, Smith 12/17/03 Marine Program Director 423 Griffing Ave. Riverhead, New York 11901 631-727-7850 x329 voice 631-852-3209 fax cfs3~cornell.edu Page 2 of 2 12/17/03 Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901-3071 Tel: 631 727-7850 Fax: 631 727-7130 E-mail: suffolka~corneil.edu www. cce.cornell.edu/suffolk October 27, 2003 Southold Town Hall 53095 Main Road Southold, NY 11971 ATTN: Valerie Scopaz Dear Valerie, RE: Southold Revitalization Programs As per instructions from Christopher Smith, I am enclosing copies of progress reports for the periods 12/15/01 thru 9/30/02 and 10/l/02 thru 6/30/03 for the above mentioned project. All vouchers and copies of the progress reports have been directly sent to Mr. James McMahon. Thank you for your attention to this matter. Sincerely, Christine M. Christie Accounts Representative Eric. Cc: Joanne Liguori Souti~old Town Building Strong and Vibrant New York Communities Cornel[ Cooperative Extension providea equal program and employment op~iquoltte~. NYS College of Agriculture and Life Sd~mc~s, FlYS College of Human Ecology, and FlYS College of V~t erinary Medicine at Cornetl Univer-~ity, Coopera~ve il×tension assooations, counly governing bodi~, and U.S. Department of Agricalture, cooperating. PROGRESS REPORT TO THE TOWN OF SOUTHOLD ON THE SOUTHOLD TOWN WATERFRONT REVITALIZATION INITIATIVE COVERING ACTIVITIES FROM 9-30-02 TO 6-1-03 Contract Period 12-15-01 to 12-15-03 Submitted by: Christopher F. Smith Marine Program Director Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue Riverhead, New York 11901 SOUTHOLD WATERFRONT REVITALIZATION PROJECT - PROGRESS REPORT9-30-02 TO 6-1-03 1. GIS Component The GIS database currently being constructed is composed of information extracted from three proj eot components: 1) Southold Town Creeks visual inventory 2) eelgrass management and restoration efforts and 3) shellfish management and restoration efforts. The following summarizes individual proposed tasks and progress to date. Southoid Town creeks visual inventory -Inventory of shoreline structures along Town creeks. Photos of existing structures (e.g. houses, bulkheading and docks) will be extracted from the produced videos and linked to their corresponding tax map lot. Selecting any creek-fi'ont parcel will provide information such as acreage and will call up digital photographs. This has been successfully completed for the following creeks: Downs, Brushes, Corey, Deephole, East, James, Little, Richmond, West and Wickham Creeks. -Database of shoreline defense structures. All shoreline-hardening structures (e.g. bulkheads) will be mapped and linked to descriptive information such as size, length, etc. Town-wide data is available and is currently being incorporated into the database. -Mooring field inventory. All mooring fields in Southold will be mapped and linked to digital and aerial photographs. Has been successfully completed for the following creeks: Corey, Cedar Beach, Deephole, East, James, Little and Richmond Creeks. -Navigational channel mapping. Previously and currently maintained channels will be mapped and linked to aerial photographs. Aerial photographs are currently being analyzed and the data is being incorporated into the database. Eeigrass Management and Restoration -Historical eelgrass bed distribution. Locations of historical beds of eelgrass throughout Southold will be mapped and linked to descriptive data such as density, health, etc. Town-wide data is available and is currently being incorporated into the database. -Existing eelgrass bed distribution: Current locations of eelgrass beds will be mapped and linked to digital (underwater) and aerial photographs. Town-wide data is available and is currently being incorporated into the database. -Long-term eelgrass monitoring stations. Cornell Cooperative Extension eelgrass monitoring stations will be mapped and linked to data such as digital photographs (tmderwater) and monitoring findings. Station locations have been incorporated and associated data is being compiled. -Previous and ongoing eelgrass restoration efforts. Comell led restoration efforts will be mapped and linked to digital photographs and restoration outcomes/ findings. Town-wide data is available and is currently being incorporated into the database. -Sites highly suitable for eelgrass transplanting. A map of sites determined to be highly suitable for restoration activities will be created. The ability to produce such a map will be dependent on obtaining funding from additional sources to carry out the necessary multivariate modeling. The multivariate modeling is currently underway and we expect to include the results in the database. Shellfish Management and Restoration -Comell Cooperative Extension/Town of Southold seeding efforts. Map representing locations where seeding (clams, oysters and bay scallops) has occurred in 2001-2002 will be produced. The map will be linked to data such as quantity of seed and time of dispersal. The information is currently being incorporated into the database. -Proposed shellfish restoration efforts. A map will be produced depicting the proposed efforts: scallop spawner sanctuary and oyster reef. These areas will be linked to digital photographs and project summary documents. The information is currently being incorporated into the database. -SPAT project activity. The locations of all SPAT operations within the Town will be mapped. Town-wide data is available and is currently being incorporated into the database. -"Community garden". The location of the community garden will be mapped and will be linked to digital photographs and description of program. Community garden location has been incorporated and associated data is' being compiled. -Shellfish closure areas. A map with year-round, seasonal and conditional shellfish closure areas will be produced. A map derivedJ:bom the Department of Environmental Conservation (DEC) has been successfully incorporated 2. Community based shellfish enhancement - To date over 300 volunteers have donated their time to help grow shellfish for restocking town waters. The shellfish grown by these individuals has contributed to the following 2 project components: Oyster reef creation in Mattituck Creek - A location to establish this reef was decided by the shellfish advisory committee at their meeting 9-12-02 (see figure below). The planting of this shell stock occurred on October 1, 2002 around the southern end of the island; a total of 125,000 oysters were planted. This was accomplished by placing the returned shellfish from the SPAT program on this reef as well as oysters cultured by Comell Cooperative Extension's Cedar Beach hatchery and nursery on this reef. Bay scallop spawner sanctuary - The goal of this program is to place 75,000 scallops in Hallock Bay and 75,000 in Hay Harbor. In addition to the 48,000 ready to spawn scallops that were been placed in each location during the last reporting period, an additional 30,000 were placed in Hallock Bay during May 2003. 3. Eelgrass Management - Cornell staff have conducted the following activities within this category: a. The final results of the town-wide eelgrass inventory and mapping project were received In February 2003. This data is in a format suitable for inclusion into the GIS eelgrass management database. b. During May 2003 CCE staff completed the creation ora planting suitability index model for all of Southold Town. This GIS-based model will provide for a more accurate assessment of potential eelgrass planting sites based on a number of factors including present coverage (see above), historic distribution (1930), bottom type, depth, temperature, nutrients, light, shellfishing activity, mooring fields, fetch and other factors. This model will allow CCE to better focus restoration efforts on sites with the highest chance of success. c. Long-term monitoring program - The long-term monitoring program for eelgrass in Southold will continue this year. In addition to the normal shoot density data collection this year's effort will include more detailed temperature (surface and bottom) monitoring as well as an assessment of genetic diversity within and between existing beds using microsatellite loci. The addition of these latter parameters will enhance management and restoration efforts. d. Eelgrass Restoration - After consultation with the Board of Trustees, Southold Bay was selected as a likely candidate for large scale plantings during 2002. Based on this coordination a new method of planting eelgrass using seeding buoys was deployed in Southold Bay during July 2002. Monitoring of seedling establishment began in April 2003 and will continue through summer. Data collected in May 2003 along with data from several other sites throughout the Estuary will be included in a peer reviewed paper currently in preparation. 4. Watershed based water quality education - The goal of this component is to select a watershed within Southold Town and conduct water quality education programs for it's residents. The stormwater runoff committee recently established by the Town will be selecting thc watershed to address. Comell staffhas been meeting to discuss the program, which will include: flyers, presentations to homeowner's associations/civic groups/service organizations, articles in papers, and video education program development. PROGRESS REPORT TO THE TOWN OF SOUTHOLD ON THE SOUTHOLD TOWN WATERFRONT REVITALIZATION INITIATIVE COVERING ACTIVITIES FROM 12-15-01 TO 9-30-02 Project Period 12-15-01 to 12-15-03 Submitted by: Christopher F. Smith Marine Program Director Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue Riverhead, New York 11901 9-10-02 Background In December 2001, Comell Cooperative Extension of Suffolk County Marine Program embarked on a cooperative initiative with the Town of Southold to conduct programs in support of the Town of Southold Waterfront Revitalization Initiative (see attached proposal). The major programs within this initiative include: 1. Geographic Information System (GIS) development for a natural resources inventory, 2. Visual inventory of town creeks and (GPS) mooring location inventory, 3. Eelgrass inventory and management program development, 4. Conduct of a community based shellfish enhancement program a. Creation of an oyster reef in Mattituck Creek b. Creation of bay scallop spawner sanctuaries in Hallocks Bay and Hay Harbor, 5. Conduct of a watershed based water quality education program. These programs address the following policies as described in the Town of Southold Waterfront Revitalization Initiative: 1. Policy 1-14. LWRP Education 2. Policy 1-13 GIS Update 3. Policy 4-6 Shoreline Defense and Shoreline Inventory 4. Policy 4-6 Best Management Practices/Stormwater Runoff and Protecting Groundwater Quality 5. 9-6 Bay Mooring Plan 6. 11-6 Local Resource and Habitat Management Plans Results to date per program component follow: 1. GIS - Comell staffand Town staff have met to coordinate Town and Comell reporting requirements to interface GIS systems. Cornell staff has conducted training sessions for Town staff. The GIS system used by both organizations id MAP1NFO and transfer of GIS informational layers will be possible. All project components will be layered in the GIS system and established as working tools within the Town system. 2. Visual inventory and mooring location inventory has been completed for the following creeks: Brushs, James, Deep Hole, Downs, West, Wickham, East, Little, Richmond, Corey, Cedar Beach. 3. Eelgrass inventory - Comell staff have conducted the following activities within this category: a. Aerial photo over flights and interpretation - with enhanced funding from the Peconic Estuary Program the eelgrass locations within the Town of Southold have been identified and groundtruthed as a result of an aerial photo mission. Cooperators have included the US Fish and Wildlife Service. We have just completed ground trothing aerial photo set for the Town's eelgrass beds including Long Island Sound waters. New meadows were discovered along the Sotmd and existing coverage was expanded both east and west of the Cross Sound Ferry terminal. This information will be input into the GIS management system to facilitate completion of a management plan and better guide restoration efforts. b. Long-term monitoring program - A long-term monitoring program of the health of eelgrass beds has been initiated. This program establishes the aerial extent of eelgrass bed location and quantifies internal bed health. Shrinkage of bed dimensions or reduction of shoots per square meter would indicate decreases of health in the eelgrass bed. c. Eelgrass culture - Culture techniques to reestablish eelgrass are being investigated. Four techniques have been identified as promising for the Town of Southold waters: 1) direct seeding, 2) seed/buoy system and 3) recovery of robust shoots from storm wrack on the beach, and 4) establishing eelgrass using a flame system. Three techniques have been applied successfully. Restoration activities have included TERFS plantings (using stranded shoots) in Southold Bay (December 2001), Cutchogue Harbor, Dam Pond and Corey Creek. Of these Town Creek shows the most promise justifying larger scale seeding using the buoy system (July 2002). Dam pond will be seeded using broadcasting. Additional seeding sites for seed broadcast include Southold Bay, Gids Bay, Oyster Ponds (Orient) and Cutchogue Harbor (All September/October 2002). Seeds were collected (June-August) from Orient Harbor, Southold Bay (Mill Creek), Hallocks Bay and Orient Point. Most of the seeds remain in the green house and will be used for the above-mentioned broadcast seeding. Additional TERFS plantings will take place in December 2002 at Southold Bay (Town Creek) and possibly Dam Pond and Cutchogue Harbor. The only site that has been eliminated at this time is Corey Creek. Community based shellfish enhancement - To date over 200 volunteers have donated their time to help grow shellfish for restocking Town waters. The shellfish grown by these individuals will contribute to the following 2 project components: a. Oyster reef creation in Mattituck Creek - A location to establish this reef will be decided by the shellfish advisory committee at their meeting 9-12-02. The target quantity of oysters to place on this reef is 250,000. This will be accomplished by placing the returned shellfish from the SPAT program on this reef as well as to place oysters cultured by the Cedar Beach hatchery and nursery on this reef. The planting of this shell stock will occur in September or early October 2002. b. Bay scallop spawner sanctuary - The goal of this program is to place 75,000 scallops in Hallocks Bay and 75,000 in Hay Harbor. To date 48,000 scallops ready to spawn have been placed in each location and spawned this past June. 5. Watershed based water quality education - The goal of this component is to select a watershed within Southold Town and conduct water quality education programs for it's residents. The stormwater runoff committee recently established by the Town will be selecting the watershed to address. Comell staff has been meeting to discuss the program, which will include: flyers, presentations to homeowner's associations/civic groups/service organizations, articles in papers, and video education program development. STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 1223 I -000 I September 12, 2003 RANDY A, DANIELS Honorable Joshua Horton Supervisor Town of Southold Town Hail, 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Agreement #C006213 Implementation of Priority LWRP Projects Southold 3'own Plannin~ Board Dear Supervisor Horton: Enclosed is a fully-executed copy of an Agreement between the Town of Southold and the Department of State for the above cited project. The following forms are also enclosed: Vouchering Procedure Guidelines Summary Sheet Documentation Forms - To be submitted with each payment request Standard Vouchers - To be submitted with each payment request Measurable Results forms - To be submitted with final payment request Status Report forms - To be submitted every 6 months from the start date of the Agreement If you have any questions please contact me at (518) 473-2466 or lparent~dos.state.ny.us. Very truly yours, ~P~ren~t~/''- Secretary 1 Enclosure cc: V. DeBraccio Valarie Scopaz John Cushman VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Memorandum To: Joshua Y. Horton, Supervisor Craig A. Richter, Councilman, LWRP Liaison From: Valerie Scopaz, AICP, Town Planner~,~ Re: Project Administration for LWRP Grants / Date: August 8, 2003 Yesterday I was informed of Scott Hughes' intention to resign from his position in the Land Preservation Office, effective August 13, 2003. He and I will meet next week to review all outstanding paperwork related to the LWRP grant #CO- 006213. A decision needs to be made shortly as to who will be the project manager for this grant. Scott is listed as the project manager and a portion of his salary/time is a designated local match within the contract. Depending on how much time elapses before Scott is replaced, the contract may have to be amended. Since the Town was counting on this grant to help recoup the expense of having Cornell Cooperative Extension assist on the Trustee moratorium, time is of essence. With this memo I am asking for a meeting to obtain guidance as to how to proceed. Cc; Members of Town Board Albert Krupski, Jr., President, Trustees Members of Trustees Board Joanne Liguori, Confidential Secretary to the Supervisor FUNDING RESTRICTIONS Local Match Grants will be made for up to 50% of the actual cost of thc proposal. The cost of the proposal is the total cost of the approved proposal, less any federal assistance and other state assistance from the Environmental Protection Fund or the Clean Water/Clean Air Bond Act. In addition, the Environmental Protection Fund grants provided under this program may not be used as a match for any federal grants. State assistance payments will be made to grant recipients based on actual expenditures for eligible costs up to the amount of thc grant awarded. Volunteer Services Volunteer services included in the local match are limited to those which significantly contribute to the project tasks. Documented volunteer services may be valued up to $15 per hour. Professional services donated to the project can be valued at a reasonable rate appropriate to the profession. Eligible Costs Grant funds may be used for the following costs: Direct salary costs, including wages, salaries, fringe benefits, and supplemental compensation paid to employees of the municipality for personal services. Direct non-salary costs, including costs for printing, travel, equipment, materials, supplies, consultant and contractual services and other goods and services directly associated with the project. Land acquisition, only as part of the local match for construction projects (i.e. not to exceed 50% of the total cost of the project.) Ineligible Costs The following costs may not be paid with grant funds nor used to provide the required local share: Indirect or overhead costs of the municipality, such as rent, telephone service, and general administrative support. Salaries and other expenses of elected officials, whether incurred for purposes of project direction, execution, or legislation, are not an eligible cost. However, volunteer services contributed by these officials to the project may bc used as local share, provided that such services are outside the performance of their official duties. Part L. Budget Detail 1. For each person assigned to this project, indicate the position, title, annual salary including fringe benefits, and dollar amount to be charged to the project. (Fringe benefits include social security, workers' compensation, unemployment insurance, health insurance, and any other benefits). State the cost and describe briefly the supplies, materials, and equipment to be purchased. State the cost and describe briefly the extent and purpose of contractual services. State the dollar value and describe the nature of volunteer services in terms of tasks; number of people; their profession(s), if applicable; and the time to be devoted to the project. (Professional volunteers' services may be charged at a reasonable professional rate; non-professional service may be charged at a rate of $15/hour.) 5. Clearly describe the funding sources of the local match. V.~LERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Confidential Memorandum terfront Revitalization Program inistratiort&_~rsonnel Issues '/e Ridler regarding work ~he drafting of wetlands ~ E~ension's Marine Science roioct Administrator. lhe his telephone call was triggered at NYSDOS, that the Trustees The upshot of the telephone ~t to this contract must be ~~~.-: commont. out tho >ldin~ a public hoarin~ on dra~ ..... oOucation mootin~ on tho dra~ during the draffing of the ~ with NYSDOS requires that fith their approval as a wo~ 3ne prior to the T~stees' anagement. During the course t to me. Personnel Issues In January of 2003, Scott Hughes was assigned the task of Project Manager for the Wetlands Moratorium as well as for the Contract. As a result, the contract VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Confidential Memorandum To: From: Re; Date: Joshua Y. Horton, Supervisor Craig A. Richter, Liaison, Local Waterfront Revitalization Program Valerie Scopaz, AICP, Town Planner ~/,~_.,,-/~-~ LWRP Contract # CO 006213: AdministratiorC&_P..~rsonnel Issues July 15, 2003 Administration On July 14th, I received a telephone call from Steve Ridler regarding work undertaken pursuant to this contract: specifically the drafting of wetlands legislation for the Trustees by Cornell Cooperative Extension's Marine Science Division. I was contacted in my capacity as the Project Administrator. The Project Manager, Scott Hughes, was on leave. This telephone call was triggered by Chris Pickerers call to William Sharp, Counsel at NYSDOS, that the Trustees were holding a public hearing on draft legislation. The upshot of the telephone call was that any and all work undertaken pursuant to this contract must be vetted by NYSDOS before it is released for public comment. After several telephone conversations I was able to straighten out the misunderstandings. First, the Trustees are not holding a public hearing on draft legislation. They are holding an advertised public education meeting on the draft legislation. Second, the NYSDOS has offered legal assistance and would like the Town to remain in close contact with its office during the drafting of the legislation. The N¥SDOS staff was concerned that the Town was moving ahead without sufficient coordination. Third, the contract with NYSDOS requires that material gathered pursuant to the contract meet with their approval as a work product prior to its public release. This was not done prior to the Trustees' setting a public meeting. These conversations reflected a lack of project management. During the course of the conversations the following became evident to me. Personnel Issues In January of 2003, Scott Hughes was assigned the task of Project Manager for the Wetlands Moratorium as well as for the Contract. As a result, the contract reflects his time and salary in that position: 260 hours over the life of the contract. My task is for 12 hours total, over the life of the contract. At no point did Scott inform me that he had received a three week leave of absence. At no point did Scott inform either NYSDOS or myself of the Trustees' decision to hold a public meeting on the draft legislation. All of the time and telephone conversations noted above could have been avoided by timely notification and management prior to taking leave. Finally, I was aware of draft legislation only through Chris Pickerel who met with myself and Mark Terry on June 2nd. At that meeting, Chris indicated that revisions to the text would be forthcoming. I received no further information until July 15th when I was informed by the Trustees that draft legislation had been submitted to the Town Board that day. In closing, it has become clear that project management is lacking. Steve Ridler expressed concern over this in his telephone conversation with me on July 14th. With this memorandum, I am asking that some action be taken to rectify the situation. Cc: Joanne Liguori, Confidential Secretary to the Supervisor and Grant Administrator V~, ~ ,~RIE SCOPAZ TOVfN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Memorandum To: Scott Hughes, Sr. Environmental Planr~er ^~/ From: Valerie Scopaz, AICP, Town Planner Re: LWRP Implementation Grant #CO06213 Date: February 3, 2003 As per Supervisor Hodon's directive to me on January 31st, you are now the Project Manager for the administration of this grant in its entirety. Therefore, I am enclosing with this memorandum all pertinent paperwork. The status of this grant is as follows: 1. The draft work plan and contract have to be revised in a format agreeable to the State Department of State. (I understand that Chris Pickerel is preparing a revised work plan, which must be supplemented by a Town complement of staff and time. Any proposed use of Mark Terry's time has to be cleared by the Planning Board and myself prior to finalization of the work plan.) 2. The draft plan and contract have to be signed by the DOS and the Supervisor. Steve Ridler will be your primary contact in the administration of this grant according to DOS guidelines. He can be reached at 518/473-3942. Joanne is to be copied with all pertinent correspondence and e-mail related to this grant. John is to be copied with all timesheets, bills and contracts. And, Betty must be given the original contract for Town records. Cc~ Supervisor Joshua Y. Horton Thomas H. Wickham, Councilman and Liaison on Planning Issues Craig Richter, Councilman and Liaison on LWRP Issues Al Krupski, President, Board of Trustees Chris Smith, Director, Marine Science Div., Comell Cooperative Extension Elizabeth Neville, Town Clerk Joanne Liquori, Confidential Secretary to Supervisor Horton John Cushman, Chief Financial Officer Steve Ridler, Coastal Resources Specialist, NYS Department of State ENVIRONMENTAL PROTECTION FUND APPLICATION FOR STATE ASSISTANCE PAYMENTS LOCAL WATERFRONT REVITALIZATION PROGRAM I. APPLICANT MUNICIPALITY: City Town Village of: Southold 2. APPLICANTMAILINGADDRESS: (no.& P.o. Box 1179 s~ee~ 53095 Route 25 4. CONTACT PERSON: Valerie Scopaz 5. PHONE: (631).765-1938 FAX:(631 )765-3136 Also: valerie, scopaz@southold, town. southold, ny. us 6. CONTACT MAILING ADDRESS (if different from applicanO : (no.& street). (city) Southold NY(zip) 11971-0959 3. FEDERALTAXIDENTIFICATION NUMBER: A163554 (city) (state) (zip) 1. PROJECT NAME: Coordinated Coastal Education & Awareness Program 2. PROJECT LOCATION: COUNTY: Suffolk UgGS Map At~ached 3. PROJECT TYPE: Select Project Type Waterfront Rediscovery I_ntermunicipal Waterbody Management Plan Preparation/Implementation Coastal Education and Tourism Programs General Local Waterfront Revitalization Program Preparation/Implementation 1. Proposed Start Date: 1/01 2. Expected Completion Date: 1/02 3. TotalProject Costs: $50,000.00 4 State Assistance Requested: $25~000.00 5. Local Match: $ 25 ~ 000.00 PART D, BRIEFIo¥~ES~RIB~ ~IE ~.ROPOSE~.~R~'~JE~ In three sentences, describe the project type, purpose, and location; the need for the project; and what will result if the project is undertaken. The Coordinated Coastal Education and Awareness Program is designed to coordinate all forms of public outreach and education about Southold Town's coastal resources in a carefully focused effort whose over-riding goal will be to explain and promote key aspects of the Town's Local Waterfront Revitalization Program. Different forms of media and outreach techniques will be used to appeal to year round residents, summer residents and tourists as well as corporate or business enterprises. The program will consolidate ongoing and sporadic local and regional efforts to enhance public and corporate understandings of Southold Town's unique coastal resources and their relationship to the local economy, as well as to build immediate and long-term support for the implementation of the Local Waterfront Revitalization Program, some elements of which require active, but voluntary public participation and support. I~ Municipal resolution is attached. I hereby affirm under penalty of penury that information provided on this form and attached statements and exhibits is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal law. (pdnt name) Jean ~4, Cochran _(title) SupervJ. sor of(entity) Town of Southold (Date) August 30, 2000 _(signature) ~0~._.~-~ O._ ~t_"~,~a.._ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEIV[ENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main P.O. Box 1179 Southold, New York 11971 Feux (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON AUGUST 29, 2000: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute any and all necessary documents to file a grant application for funds from the State,of New York's Local Waterfront Revitalization Program in accordance with the provisions of the Environmental Protection Fund, in an amount not to exceed a total of two hundred thousand dollars ($200,000.); and be it FURTHER RESOLVED that upon approval of said request that Supervisor Jean W. Cochran be authorized to enter into and execute a project agreement with the State for such financial assistance to the Town of Southold. Southold Town Clerk August 29, 2000 Briefly describe the proposed project, including a description of the objectives to be achieved, problem(s) to be addressed, and anticipated environmental benefits of the proposed project. If the project is a construction project, describe, as appropriate, what will be constructed, the management practices or technology to be employed, and land ownership. Attach site plans and design drawings, if available, and include photographs of existing site conditions. Identify the project's component tasks or stages and their costs, and provide a schedule for their completion. Clearly identify the nature of the local funding match. Program Descripton: This program is designed to consolidate and enhance existing public outreach and education efforts within the Town of Southold. The program will focus attention on the role of the LWRP in protecting and managing the coastal resources of the Town, as well as in enhancing public access to and enjoyment of those resources. As outlined below, key dements of the LWRP, particularly those requiring public understanding and active participation (e.g. the Farm and Farmland Protection Strategy and the Water Supply Management and Watershed Protection Strategy) will be promoted in a continued series of public education and awareness campaigns throughout the year, as opposed to a one-shot round of public hearings. Successful implementation of the LWRP will require a sustained community as well as governmental effort. Southold Town has a long and proud tradition ofvolunteerism that is evident in several different facets of community life. Many people who live (and summer) in Southold still feel they that they, as individuals, can make a difference. This program is designed to tap into that wellspring of optimism and civic pride by broadening public understanding of the role or actions each individual can play or take to help local (and State) government protect and manage the unique and irreplaceable coastal resources of the Town. Program Objectives: Key objectives to be achieved include: 1. Imprgve and expand traditional avenues of public education through use ora wider and more interactive range of media and outreach techniques. 2. Strengthen public understanding of the role the LWRP will play in protecting Southold Town's natural resources and the economy. 3 Build public support for the ongoing legislative and procedural changes that will be needed to protect the key resources and to promote revitalization of and access to the waterfront. Enhance the effectiveness of the LWRP by encouraging a greater level of public participation in protecting the Town's natural resources, as well as enjoying them. Wherever possible, a hands-on, roll-up-the sleeves, can-do approach to environmental protection, resource management-and waterfront revitalization will be emphasized. I PART F. ,WORK PROGRAM (Continued) J Public Benefits: Anticipated benefits will go beyond that of enhanced environmental protection. A well- managed and protected environment is more likely to be a productive one; a situation which can have only positive ramifications for the local economy. Further, there also is a potentialpsychological benefit to the community that may arise from this program. In an age when many Americans, youth particularly, feel quite cynical about government, the proposed hands-on, roll-up the sleeves, can-do approach to managing and protecting environmental resources - offers an attractive alternative and a constructive outlet for these fiustrations. The end result will be better LWRP implementation and a better coastal resource for all to enjoy. Component Tasks: Identify short-term public education needs and appropriate media and outreach techniques. (Two examples of this are: public meetings to explain the general thrust of the LWRP program, and meetings to explain the purpose of new legislation or regulations that may be needed.) Identify long-term public education and awareness needs and appropriate media and outreach techniques. (Two examples of this are: ongoing outreach for purposes of encouraging voluntary preservation of wetlands, open space, agricultural lands, and unique scenic vistas and a series of.. awareness seminars for property owners about how to protect their groundwater from point source contamination.) Special attention will be given to youth-oriented outreach and participation programs, hopefully in conjunction with local school districts. Develop appropriate awareness campaigns based on the needs and priorities identified in Tasks # 1 and 2. Conduct the campaigns, and based on evaluations of their effectiveness, either replicate or change to improve them. Describe (if applicable) how the project proposed for funding complements related activities funded or proposed for funding under the Clean Water Clean Air Bond Act, the Environmental Protection Fund, the TEA-21 Enhancement Program, and other sources of funds. (Submission of a chart or other graphic that shows how the proposed project is part of a larger plan of action is encouraged). This proposal will complement other ongoing activities or programs currently underway that in their own way address a component of the LWRP. The list below indicates the program activity, a one-line description and in parentheses, the funding source, if applicable. For further details on how these projects have been designed to reinforce one another, please refer to the Year EndReport and 2000 Strategy Report, attached as Appendix A. Locai: Draft Local Waterfront Revitalization Program Specifically the *Farm and Farmland Protection Strategy, the IVater Supply Management and IVatershed Protection Strategy and the several environmental enhancement/protection projects underway pursuant to this program, e.g. road end improvements, public access projects and stormwater remediation projects. (See Appendix A for more description.) Harbor Management Plan: This study, completed in 1995, outlines strategies for genetic and harbor specific management strategies. (NYS Environmental Protection Fund) ,Coastal Erosion Study: West of Mattituck Inlet to Horton's Point: Actually a series of studies meant to redress long standing erosion problems on Long Island Sound shoreline. (NYS Environmental Protection Fund) Design and Development of a Geographic Information System for Growth Management: This is a long-range program in effect since 1998 whereby the Town founded a GIS database for the purpose of enabling effective growth management to occur within the framework of the draft LWRP. (NYS Environmental Protection Fund) GIS Implementation: This is a program for facilitating the implementation of the aforementioned GIS using additional personnel assistance. (NYS Environmental Protection Fund) Scenic Byways Corridor Management Program: This is a strategy for managing the scenic resources within the main travel corridors within the Town. (NYS Department of Transportation ) SeaView Trails: This is an active program of trail identificatio_n and development and construction of on and off-road trails. (ISTEA-2I) Part G. Complimentary_ Projects (Continued) *Community Preservation Project Plan: This is an active program of acquisition of key properties critical to environmental and scenic purposes. (Revenues from real estate transfer tax pursuant to New York State's Peconic Bay Region Community Preservation Act of 1998) * Both of these programs are coordinated with Suffolk County's Greenways Program for the purposes of maximizing public benefits of land acquisition or development rights acquisition projects. Regional Initiatives with A Local focus: North Fork Recreational Travel Needs Assessment; This is the North Fork (eastern Riverhead through On'ent Point and Shelter Island) component of the NYS Department of Transportation's Long Island Transportation Plan 2000. (NYS Department of Transportation using ISTEA-21 funds) Sustainable East End Development Strategy_: This is an East End regional consensus-building project that alms to deal with present and projected traffic problems through better, integrated land use planning and greater use ofintermodal connections on a regional level. (New York Metropolitan Transportation Council using TEA-21 funds) [ H. ;LOC~ W~TERFRON~TAL!ZATION pRoG~:~LEMENTA~ON I Briefly describe how the proposed project is consistent with the policies or implements a project identified in the Local Waterfront Revitalization Program. tf the proposal is for the preparation of a LWRP or a component of a LWRP, describe the issues, opportunities, and resources that will be addressed; note any related recently completed plans. The proposed project is consistent with the overall goals of the State LWRP in that it will promote the State and local partnership role in protecting and managing coastal resources for the greatest public good. It also will enhance public awareness and encourage active public participation by residents and visitors alike, in protecting the environmental resources of the Town, all of which lies within the coastal area. Identify key personnel and briefly describe their qualifications. Valerie Scopaz, AICP, Town Planner - Oversees design and execution of long-range planning initiatives for Southold Town. Melissa Spiro, Land Preservation Coordinator - Oversees the implementation of the Farm and Farmland Protection Strategy,tithe Community Preservation Project Plan, a position which includes coordinating all preservation efforts between the Town and other funding sources, such as the State of New York, the County of Suffolk, the federal government and private land trusts or conservancy organizations. John Sepenoski, Technical Coordinator - Oversees the development, management and application of the GIS database for growth management, planning initiatives and land preservation. Construction projects should be achievable during the contract period. Indicate permits and approvals needed, status, and the expected issuance date, if they are not akeady acquired. 3. SUPPLIES/MATERIALS (Describe and indicate cost by type). Media (print, film, video, photographs, posters, etc.) Mailings and other distributional costs Copies of materials SUBTOTAL $1o,ooo.oo 4. EQUIPMENT (Describe and indicate the cost of each item). Unknown at this time. SUBTOTAL $ 5. CONTRACTUAL SERVICES (Describe services to be acquired and cost of each, if more than one type of service will be secured). Public relations or educational consultant to assist with design of presentations. Web-site designer. Film production services. Publishing services for printed material. SUBTOTALS 12,o00.00 6. OTHER (List professional volunteer services and time at market rate, and describe the services to be provided. List non-professional volunteer services and time at $10.00 per hour, and; describe the services to be provided). SUBTOTAL $ Describe the nature of operation and maintenance, and resources to be devoted to each. N/A I. SALARIES & WAGES, including fringe benefits (List by title and affiliation) AMOUNT CHARGED TITLE ANNUAL SALARY TO THIS PROJECT Valerie Scopaz $58,000.00 $8,333.00 John Sepenoski $57 ~ 000.00 $8,333.00 Melissa Spiro ~44~000.00 ~8~333.00 SUBTOTAL $ 25 ~ 000. oo 2. TRAVEL (Indicate purpose a~d extent of travel and associated costs). To and from Fishers Island for public meetings - travel costs-associated with production of publicity material, e.g. photography, especially aerial photographs or videos. SUBTOTAL $ 3, ooo. oo Appendix B (Budget Detail Sheet) A. SALARIES & WAGES TITLE GRANT APPLICATION HAD $50K IN-KIND SERVICES, THIS DOES NOT SEEM APPROPRIATE WHEN YOU ARE ALREADY COMMITTING FUNDS TO CORNELL AMOUNT CHARGED TO THIS PROJECT SUBTOTAL B. TRAVEL SUBTOTAL $ 0.00 C. SUPPLIES/MATERIALS SUBTOTAL $ 0,00 ID. EQUIPMENT SUBTOTAL $ 0.00 E. CONTRACTUAL SERVICES Services from Comell Cooperative Extension or other consultant: Mooring Management Plan ...................... $14,500 Erosion Management Measures .................$4,000 LWRP Educational Program ................... $6,500 ADD ADDITIONAL CORNELL WORK $50,000 SUBTOTAL $ 75,000.00 F. OTHER Wetlands Legislation Refonnulation.......$25,000 To be conducted by a Wetlands Legislation Reformulation Committee consisting of Town officials, planners, citizens, regulators, and the business community. PLEASE SPECIFY #of people, #of hours - need to account for this money. Any consultant work on this? SUBTOTAL $ 25,000,00 D-3 APPENDIX D PROGRAM WORK PLAN Con,actor: Town ofSouthold Program Contact Person:Valefie Scopaz, TownPlanner Phone: (Office) 631-765-1938 (Fax) 631-765-3136 Implementation of Priority LWRP Projects 1. Project Description The Town of Southold has completed a Drat~ Local Waterfront Revitalization Program (LWRP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of prioity projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconic Estaury Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program. These include the preparation of mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, development of an educational program regarding the LWRP, and reformulation of wetlands legislation to address Board of Trustees needs. GRANT APPLICATION HAD $50K IN-KIND SERVICES, THIS DOES NOT SEEM APPROPRIATE WHEN YOU ARE ALREADY COMMITTING TOWN FUNDS TO CORNELL - ADD AN ADDITIONAL DESCRIPTION OF CORNELL WORK THAT WILL BE MATCH. The Town of Southold has developed a partnership and contracted with the Marine Program of Cornell Cooperative Extension of Suffolk County to complete this work. This will further work developed under previous LWRP grants from the EPF. Project Attribution and Number of Copies The applicant must ensure that all materials printed, constructed, and/or produced reflect the Department of State, Division of Coastal Resources logo,and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title I 1 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphics, final design documents, and other printed materials. 3. Component Tasks ADD ADDITIONAL DESCRIPTION OF CORNELL TASKS AND WORK PRODUCTS D-4 THAT WILL BE MATCH. Task 1. Project Scoping The Town of Southold, the Department of State, and Comell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination of local responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee, determine its composition. A brief meeting summary will be prepared indicating the agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draR contract with Cornell Cooperative Extension. The contract shall contain a detailed work plan with adequate opportunity to review stages in completion of the products, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. The draft contract will be submitted to the Department of State for review and approval. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Deaprtement of State~ Product: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to release for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task 4: Consultant Selection (if required) D-5 In consultation with Department of State, the Town of Southold shall review all proposals received as a result of the RFP. The consultant selected is subject to approval by the Department of State. Product: Consultant selected. Task 5: Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct the work with the selected consultant. The contract will contain a detailed work plan with adequate opportunity to review stages in completion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to the Department of State for review. A copy of the final contract, incorporating the Deaprtmant of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract Task 6: Project Scoping Session (if required) The Town of Southold, the Department of State, Cornelll Cooperative Extension and the consultant shall hold an initial meeting to review project requirements and site conditions and to transfer any information to the consultant which would assist in completion of the project. A brief meeting summary will be prepared to clearly indicate the agreements/understandings reached at the meeting. Product: Scoping meeting with appropriate parties. Meeting summary with note of agreements/understandings reached. Task 7. Town of Southold Mooring Management Plan Collect and analyze existing data on the location and use of moorings, including collecting new data through the use GPS and GIS technology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. Examine location of moorings with regard to significant natural resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and natural resources. Examine location of moorings with regard to navigation channels, marinas and boat launches in order to avoid conflicts between moorings and other users of the water surface. Examine alternative mooring types and patterns, and develop alternative solutions to different mooring field D-6 problems found in the field analysis e.g., public moorings of alternative designs that permit greater control over siting and capacity. Finalize digital mooting maps for use by Town Trustees and Bay Constables to improve permitting and enforcement activities. The Mooring Management Plan will also review Town procedures for the issuance of mooring permits and provide recommendations for improvements to this procedure including monitoring and inspection of moorings and enforcement. The Mooring Management Plan will build on information contained in the Draft LWRP and the Town of Southold Harbor Management Plan (1995). Product: Town of Southold Mooting Management Plan, including digital mooring field data and mooting maps and procedures for mooring regualtions and enforcement. Task 8. Erosion Management Measures Digitize locations of, and analyze conditions at existing erosion control and slope destabilization sites on Town of Southold shorelines. Develop appropriate generic slope stabilization, regrading, and landscaping guidelines for use by property owners, builders, architects, and Town officials and incorporate these in the Town Code. Publish guidelines and disseminate information to property owners, builders, developers, architects, and appropriate Town officials. Product(s): Digital erosion site data; written guidelines on erosion control, code ammendments. Task 9. Reformulation of Wetlands Legislation SEEMS LIKE THIS SHOULD BE CONSULTANT SERVICES - THIS IS TOO MUCH FOR VOLUNTEERS TO UNDERTAKE - IF STAFF ARE TO DO THIS ADD BACK IN DOLLARS TO THE PERSONAL SERVICES SECTION OF BUDGET The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committe will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalties in Suffolk County. Using exisiting studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetalnd conditions in Southold and will also provide a benchmark against which future monitoring on the effectivenes of regulation and management can be based. D-7 The Committe will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. The Committee will make recommendations tot eh Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Idenitifed wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s). Task 10. Development of an LWRP Educational Program The Town of Southold will develop an LWRP Educational Program. This program will identify both short-term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. Product(s): Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports The Town of Southold shall submit to the Department of State quarterly reports on the form provided, including the extent of work accomplished, any problems encountered, and any assistance needed. Ifa quarterly payment request is submitted, the quarterly report may be submitted as part of the payment request. Task 12: Project completion Upon completion of the project, the consultant shall submit a statement to the Town of Southold that the work has been completed in accordance with the contract and all permit requirements, where applicable~ The consultant shall provide the municipality with all reports, analyses, data, GIS layers, and products as specified in this work program. The Department of State shall concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Department of State for final payment of grant funds. D-8 Products: Quarterly reports during the life of the contract. Task 13: Measurable Results The municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State. Product: Completed Measurable Results form. 4. Project Management Responsibilities: The Town of Southold is responsible for ensuring completion of all work program tasks, reporting on progress and obtaining required approvals from the Department of State, and providing the Department of State with copies of materials produced. The Town of Southold will secure all necessary permits and perform all required environmental reviews, where applicable. Cornell Cooperative Extension will complete tasks specified in an approved consultant subcontract and in project scoping agreements. Approval by the Department of State of any and all consultant subcontracts is necessary before work can commence. Approval by the Department of State is necessary before purchase of any equipment using grant funds. 2. Schedule Task Description Task 1 - Project Scopin~ Sc~aion Task 5 - Contract p~Faral/ea and execution Task 6 - Pr~e.~'t Seoping Seaion Task 7- MOOlll~ id:~ Plan T~qk 8 - Erosion Mana~em~t Measttt~ Task 9 - Regonnulation of Wetlands Legislation D-9 Expected WORK PROGRAM COVER SHEET Name and Address of municipality: Federal Tax ID~: A163554 Title of project: Department liaison: Community contact: Address (if different above): Tel. No. 631-765-1938 Department reviewer: Returned for revisions: Town of Southo[d P.O. Box 1179 53095 Route 25 Southold, NY 1197143959 Implementation of Priority LWRP Projects Steve Ridler Valerie Scopaz P.O. Box 1179 53095 Route 25 Southold, NY 1197143959 Fax No. 631-765-3136 Date: Revision: Date: Revision: Approved: Date: Signature: Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel C. Supplies/Materials D. Equipment E. Contractual Services F. Other $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $75,000.OO $ $25,00O.00 TOTAL PROJECT COST $ $100,000.00 Total State Funds ( 50 % of Total) $ $50,000.00 Total Local Share ( 50% of Total) $ $50,000.00 Describe the anticipated project costs for each of the above cost categories in detail on the following pages (i.e. the title and pay rate of municipal employees to work on the project, type of consultant to be retained, type of equipment and materials to be purchased). The Total of your BUDGET must equal the sum of the State Share and the Local Share as shown on the Contract Face Page. Note - If Clean Water Clean Air Bond Act State Funds, funds for this Project cannot be expended for personal services in other New York State agencies. SCopaz, Valerie From: nt: u~ject: Stephen Ridler [sridler@dos.state.ny.us] Monday, December 09, 2002 7:36 PM planning@town.southold.ny.us RE: EPF 2000 - C006213 Draft Work Plan Good - but we will need to change the task description and budget accordingly to reflect roles - assuming then that either a consultant or Cornell or pehaps best a mixture of bith will actually do the work along with some Town staff assistance? >>> "Scopaz, Valerie" <planning@town.southold.ny.us> 12/09/02 18:19 PM >>> I think we are talking about two different things. The committee is not going to do any work. They are just overseeing the work. I did not envisage the Committee being paid or their time being a match. I did not mean to convey that. I will go back and re-read this. ..... Original Message ..... From: Stephen Ridler [mailto:SRIDLER@dos.state.ny.us] Sent: Monday, December 09, 2002 4:42 PM To: planning@town.southold.ny.us Subject: RE: EPF 2000 - C006213 Draft Work Plan No - not for $25k of reimbursement from the state. Trustees are ineligible as elected officials. I am not reimbursing staff for work that they are paid for already - I will allow this for match if it is not excessive - but this project seems better suited for a consultant "Scopaz, Valerie" <planning@town.southold.ny.us> 12/09/02 01:47PM >>> Steve, The Committee that we envisaged consisted mainly of Trustees, Building, Planning Legal and Enforcement personnel - all in-house people. Would that be satisfactory? ~alerie ..... Original Message ..... From: Stephen Ridler [mailto:SRIDLER@dos.state.ny.us] Sent: Monday, December 09, 2002 1:23 PM To: planning@town.southold.ny.us Subject: RE: EPF 2000 - C006213 Draft Work Plan In theory this would be ok. If Chris is putting in staff time we will need to know what products will be produced with that and how it relates to Southold - as he will also be the recipient of much of this money we need to make sure they do not cover the same work products. We will also need to make sure that the Cornell staff time is not funded from federal sources. Also what do you think about my comments on the wetlands legislation task? "Scopaz, Steve, <planning@town.southold.ny.us> 12/09/02 12:52PM Chris and I have talked. If okay with you, we will put in for specific staff time as the match ..... The Town will put up $5,000 of my staff time and will designate $45,000 in his staff time. Would this meet with objections? Valerie ..... Original Message From: Stephen Ridler [mailto:SRIDLER@dos.state.ny.us] Sent: Tuesday, December 03, 2002 10:37 AM To: Valerie. Scopaz~town.southold.ny.us Cc: cfs@cornell.edu; Nancy Niedowski; John. Cushman@town.southould.ny.us.dos.state.ny.us Subject: EPF 2000 - C006213 Draft Work Plan Valerie Here is a draft work plan incorporating the four elements that you had requested in your proposed work plan. I understand that this has been developed to avoid duplication with Cornell's current work for the Town. The way that you propose it - there is value to the work identified as $50k. AS the award was for $50k and this is a 50/50 matching grant program then there needs to be another $50k of work identified or the total reimbursement to the Town on completion of work will only be $25k. Dw the original grant application showed other work elements and also $50k in staff services towards the project. I am not prepared to accept $50k of staff time as an acceptable match unless the time is directly tied to specific deliverables, although as a rule we prefer the match to be cash - especially when the time/amount being charged is so high. As the Town is contracting with Cornell for other LWRP related projects, I would suggest it is far cleaner and effective to identify another $50k of work products being undertaken by Cornell and paid for by the town and use this as match to the grant. The budget would be as shown with you identifying the additional tasks and products to bring this up to a total project cost of $100,000. My other concern is with the $25k that will be reimbursed to the town for the work of the committee to guide the wetland law reformulation. This is a lot to expect of a committee and seems to me a complex and technical task that would be better contracted to a specific consultant or in part to Cornell to complete. I do not think I am able to accept the expenditures on this task as proposed. If you want to continue along this route you will need to account for this time in detail in the work program and budget by identifying # of people, # of hours and costs. Remember that elected official do not count and any staff time hould appear under the wages and salaries and any consultant work by or others under the contractual services section. Give me a call when you have had a chance to think about this and talk 2 "wi~h~Chris and others on the direction you want to We hope to make the 2002 awards soon and that will add more info to the picture Iteve Scopaz, Valerie To.' Cc: ~ject: Horton, Joshua Thomas Wickham (E-mail); Liguod, Joanne; Standish, Lauren; Christopher F. Smith (E-mail) Update on LWRP contract E-Mail Memorandum To: Joshua Y. Horton, Supervisor From: Valede Scopaz, Town Planner Date: January 9, 2003 Re: LWRP Contract # C006213 The above-referenced Contract is in the amount of $50,000. The Town is in the final stages of completing a contract or work plan with the Department of State so as to obtain authorization to access this money. This morning a tentative agreement was reached between Chris Smith, Steve Ridler, Tom Wickham, James King and myself regarding the contract for the $50,000 LWRP grant. Our prior work plan was rejected by Ridler as being insufficient in financial match and potentially duplicative of a separate LWRP-related work plan in the amount of $150,000. This morning I believe that all the above-noted parties agreed to a revisien whereby a proper financial match will be made by both the Town and Cornell, and whereby wdtten documentation will be provided to assure the State that no duplication of efforts or monies will take place. It was agreed that Chris and I will revise the draft work plan to reflect this agreement and will be completing this by the end of this week. Once this work plan is revised, it must be sent to Ridler for inclusion into a state contract for your signature. When you sign the contract the projects listed in the work plan will be started. ', before this work plan is sent to Ridler, your review (and approval) of the details that have been worked out is needed. In addition, your review and approval is required as to whether there is sufficient internal agreement and clarity about project management and administrative record-keeping responsibilities and protocols. Timely Project Management of this particular grant is of great importance because one of the work products (revised wetlands legislation) should be completed pdor to the termination of the Trustee moratorium. Accordingly, as per our discussion today, I would like to schedule a half-hour appointment with you and Tom at your eadiest opportunity to review the following items: 1. revisions to the grant's work plan 2. protocols for the management of this grant's work plan in conjunction with the work plan for the $150,000 contract that currently exists between Cornell and the Town. 3. protocols for project management, billing, internal communications and other related administrative matters that will involve coordination amongst key town departments and with a Town Board liaison. 4. the schedule and format of a kick-off meeting with Cornell, the Trustees, Planning staff and other key personnel in order to get this project completed on time. I think I speak for everyone associated with this project that we are eager to begin. CC: Albert Krupski, President, Board of Trustees Christopher Smith, Director, Marine Science Program, Comell Cooperative Extension JOSHUA Y. HORTON SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD July 2, 2003 Mr. Steve Ridler Coastal Resources Specialist Department of State 41 State Street Albany, NY 12231 Dear Steve: I am enclosing the signed copy of the Agreement #C006213, Implementation of Priority LWRP Projects in the amount of $50,000. As mentioned in Valerie's email to you dated July 1, 2003, we will arrange to have a conference call next week with all the pertinent team players so that we can move forward and provide you with additional information you may require. In the meantime, should you have any questions, please do not hesitate to contact me at 631-765-1889 or by email at ioam~e.liguori~town.southold.n¥.us. Thanks. Cc: V. Scopaz C.Smith S. Hughes (w/attachment) STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 1223 1-000 I GEORGE E. PATAKI Honorable Joshua Horton Supervisor Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 May 15, 2003 RANDY A. DANIELS Re: Agreement #C006213, Implementation of Priority LWRP Projects Dear Supervisor Horton: Congratulations on being awarded a grant funded under Title 11 of the Environmental Protection Fund to undertake the above project. Enclosed are one (1) complete copy and two (2) signature and notary pages of an Agreement between the Town of Southold and the Depa~hnent of State. Please insert the date you expected to begin the project on the Face Page of the Agreement under INITIAL CONTRACT PERIOD and MIILTI-YEAR TERM. If costs for this project have already been incurred, the date should reflect the date you began incurring those costs. Your transmittal letter should provide a summary of what activities had been undertaken. The Federal Tax Identification Number should also be checked, and, if necessary, revised or inserted. The person authorized to execute this Agreement, should sign and have notarized the Agreement on the signature pages and return the entire package to me. These pages must have original signatures. Appendix X should not be signed. Once received, we will forward the Agreement to our Contracts Administration Unit who will have it executed by the Department of State, Office of the Attorney General and Office of the State Comptroller (OSC). When fully executed, a copy of this Agreement will be returned to you. Please note, however, that execution of this Agreement by OSC is contingent upon passage of the New York State Budget which includes appropriations for Environmental Protection Funds. If you have any questions regarding this Agreement, please contact me at (518) 473-2462. If your questions are specific to details of the workplan (Appendix D), please contact Stephen Ridler at (518) 473-3942. Enclosures cc: V. DeBraccio Valarie Scopaz · Fuller , Sr. Administrative Assistat WWW.DOS STATE NY US E-MAIL: INfO'DOS STAte Ny US 'ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 607 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 24, 2002: RESOLVED that thc Town Board of thc Town of Southold hereby authorizes and directs Supervisor Horton to sign application for Department of State Grant C006213 for the implementation of priority LWRP projects in the amount of $50,000. Elizabeth A. Neville Southold Town Clerk ' IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. Contract No. C006213 CONTRACTOR Town of Southold. By: ~oshua '~'.-'~or ton (Print Name) Title: Supervisor, Southold Town Date: 5129/03 STATE AGENCY: New York State Department of State By: Title: Date: State Agency Certification "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." ACKNOWLEDGMENT State of New York ) County of S u ffolk Onthis 29th dayof Joshua Y. Horton he/she/they reside(s) in )SS: May ,20 03, before me personally came to me known, who, being by me duly sworn, did depose and say that Southold Town (if the place of resident is in a city, include the street and street number, if any, thereof); that he/she/they is(are) the Supervisor (title of officer or employee) of the Town of Southold (name of municipal corporation), described in and which executed the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the governing body of said municipal corporation. · No. 01D04~4870 N 12LT~A R V PUBLIC ATTORNEY GENERAL'S SIGNATURE: Approved: Title: Alan G. Hevesi Date: . Comptroller By: Date: FACEPAGE STATE AGENCY (Name and Address): NYS Department of State 41 State Street Albany, NY 12231-0001 CONTRACTOR (Name and Address): Town of Southold Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 FEDERAL TAX IDENTIFICATION NUMBER: 11-6001939 MUNICIPALITY it NYS COMPTROLLER'S it: C006213 ORIG. AGENCY CODE: 19000 TYPE OF PROGRAM: Environmental Protection · Fund Act STATE SHARE FUNDING AMOUNT FOR INITIAL PERIOD $50,000.00 LOCAL SHARE FUNDING AMOUNT FOR INITIAL PERIOD $50,000.00 INITIAL CONTRACT PERIOD: FROM: 1/02/03 TO: March 31, 2004 MULTI-YEAR TERM (If applicable): From: To: March 31, 2005 APPENDICES ATTACHED TO AND PART OF THIS AGREEMENT APPENDIX A: Standard clauses as required by the Attorney General for all state con.acts APPENDIX A1 Including Attachments 1, 2, & 3 thereto: Agency-specific clauses APPENDIX B: Budget APPENDIX C: Payment and Reporting Schedule APPENDIX D: Program Workplan APPENDIX X: Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) STATE OF NEW YORK AGREEMENT The AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW, THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: I. Conditions of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix for that PERIOD. C. This AGREEMENT incorporates the face pages attached and all of the marked appendices identified on the face page hereof. D. For each succeeding PERIOD of the AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used). Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT. To modify the AGREEMENT within an existing PERIOD the parties shall revise or complete the appropriate appendix forms(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix Al. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its 2 subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcon~tractor and the STATE. G. Appendix A. (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT. II. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. IlL Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix Al. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR shall cancel, prior to the effective date of any prospective termination, all outstanding obligations, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT afier the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accident and/or injuries to person (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. 3 B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status. V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix Al. VI. Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the Agreement and in conformity with applicable provisions of laws and regulations, or specified in Appendix Al. APPENDIX A Standard Clauses for All New York State Contracts The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its fight, title or interest therein assigned, transferred conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void The Contractor may, however, assign its fight to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance law. 3. COMPTROLLER'S APPROVAL In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $15,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract ~'or the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it n°r its subcontmctors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discfiminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex, or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220--e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rotes for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 11/00 A-2 7. NON-COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the state a non-collusive bidding eertificatiun on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the eonUact, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Seefious 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contractors execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCP~ 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the parpo~es of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-offrights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY .NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated 11/00 A-3 their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purpose and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, AESOB, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner ora State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, o? authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis. of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affn-matively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of"a, "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the Work) except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the enntracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Division of Minority and Women's Business Development · pertaining hereto. 13. CON~-"LICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article XI-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 11/00 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL ltARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law § 165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State, otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with thc MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. A-4 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: Department of Economic Development Division for Small Business 30 South Pearl Street Albany, New York 12245 518-292-5220 A directory of certified minority and women-owned business enterprises is available from: Department of Economic Development Minority and Women's Business Development Division 30 South Pearl Street Albany, New York 12245 http://www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid mount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 11/00 A-5 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 amendments and 2000 amendments (Chapter 684 and Chapter 383 respectively) require that they be denied contracts which they would otherwise obtain. Contact the Department of Economic Development, Division for Small Business, 30 South Pearl Street; Albany New York 12245, for a current list of jurisdictions subject to this provision. Revised November 2000 11/00 APPENDIX A1 Agency-Specific Clauses L This Agreement has been entered into pursuant to the following understandings: A. Tire 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for the State share of the cost of approved local waterfront revitalization projects as defined in the Act. B. The Department is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. Based upon information, representations and certifications contained in Contractor's application for funding, including the Work Program as set forth in Appendix D, the Department has made a determination of eligibility of funding for Contractor's project under such Act. State funds (Funding Amount set forth on the Face Page) for this Project (Appendix D Program Workplan) are provided pursuant to a reappropriation of funds originally made by Title 11 of the Environmental Protection Fund Act. E. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. Il. General A. For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. B. The contract period as set forth on the Face Page is the inclusive period within which the provisions of this Agreement shall be performed. No liabilities are to be incurred beyond the termination date and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. Subject to the availability of fimds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the Multi-Year Term of this Agreement may be extended by up to two Contract Periods not to exceed twelve months each. The Department shall not be liable for expenses of any kind incurred in excess of the State Funds as set forth on the Face Page, and shall not be responsible for seeking additional appropriations or other sources of funds for the Project. The Contractor shall perform all services to the satisfaction of the Department. The Contractor shall provide all services and meet the program objectives described in Appendix D in accordance with: provisions of this Agreement; relevant State, federal and local laws, rules and regulations, administrative and fiscal guidelines; where applicable, operating certificates for facilities or licenses for an activity or program, and conditions of applicable permits, administrative orders and judicial orders. The Contractor shall submit with its request for final payment a Final Project Summary Report in the format described in Appendix Al, Attachment 2 and Measurable Results Forms, such forms to be provided Contractor by the Department. Al-2 The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with the timetable set forth in the Workplan (Appendix D) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. The Department will provide Contractor with a Quarterly Contractor Renort (Appendix Al, Attachment 3) pursuant to the Department's Minority and Women-owned Business Enterprises Program. In the event Contractor utilizes Minority and Women-owned Business Enterprises as discussed in Section XIV In Appendix Al, such report shall be provided to the Department at the address on the Quarterly Contractor Report. The Contractor shall submit two copies cfa "Project Status Report" (Appendix Al, Attachment 4) on a six month basis for the periods ending June 30 December 31. Reports are due no later than 30 days following the end of each reporting period. m. Additional Requirements for Construction Projects: Project design, including preparation of final plans and specifications, and supervision of construction shall be undertaken by a qualified architect and/or engineer licensed to practice in the State of New York. The Contractor shall submit final plans and specifications to the Department for its acceptance before initiating construction work or, if the Contractor intends to subcontract for constxuetion work, before the work is advertised for bidding. No change to project plans may be made without the prior written approval of the Department. The Contractor shall also be responsible for erecting a project sign satisfactory to the Department identifying the Project. The project sign shall remain in place for the useful life of the improvements undertaken pursuant to this Agreement. Upon completion of the Project, the Contractor shall submit to the Department a proper certification fi.om a licensed architect or engineer. Agreements for construction in excess of twenty thousand dollars ($20,000) shall be awarded after and in accordance with competitive bidding requirements of the General Municipal Law. A certified copy cfa summary of all bids shall be submitted to the Department prior to awarding the Agreement, and an executed copy of the construction contract will thereafter be submitted to the Department. All purchase contracts involving an expenditure of more than ten thousand dollars ($10,000) shall be awarded to the lowest bidder furnishing the required security after advertisement for sealed bids in the manner provided for in section 103 of the General Municipal Law. The State shall make periodic inspections of the project both during its implementation and after its completion to assure compliance with this Agreement. The Contractor shall allow the State unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the State in all construction contracts relating to the project. The Contractor shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 101-19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design./construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. It is the Contractor's responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for State audit and review either proof that they have Workers' Compensation coverage for any employees, or a wavier statement from the New York State Department of Labor. The Contractor must also obtain from any contractor or sub-contractor hired to provide a service pursuant to this Agreement, similar proof or waiver from the contractor or subcontractor, and must maintain such documentation on file for audit. Al-3 IV. Reports, Documents and Maps The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in part under this Agreement by endorsing on said documents, reports, and maps the following: "This (document, report, map, etc.) was prepared for the New York State Depathnent of State with funds provided under Title 11 of the Environmental Protection Fund Act." V. License to use and reproduce documents and other works: By acceptance of this Agreement, Contractor transfers to the Department a nonexclusive license to use, reproduce in any medium, and distribute any work prepared for or in connection with the Project, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement. Such warranty shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. VI. Contractors Insurance Requirements Prior to the commencement of the Work, the Contractor shall file with the Department of State, Division of Coastal Resources, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such Certificate shall be of form and substance acceptable to the Department. B. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by remm receipt of United States Certified Mail which shall be sent to New York State Department of State, 41 State Street, Albany, New York 12231-0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. D. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. G. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. Al-4 H. Unless the Contractor self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where Contractor is self-insured, Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from promises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. a. If such insurance contains an aggregate limit, it shall apply separately to this location. bo Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of Contractors Work. Where the Project described in Appendix D includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or ~mted capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of DOS held in their care, custody and/or control. 6. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. I. The Contractor shall require that any subcontractors hired, carry insurance with the same limits and provisions provided herein. I. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than $1 million. VII. Prunertv Pursuant to the provisions set forth in Section V, page 3 of this Agreement, the ownership of all property described therein shall reside with the Contractor unless otherwise specified in writing by the Department at any time during the term of this Agreement and up to thirty (30) days following the issuance of the final payment.. A1-5 Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and/or rights --of-way sufficient to assure undisturbed use and possession for the purposes of construction and operation for thc estimated life of the Project. Contractor further acknowledges that where such Project is undertaken on or involves the use of lands for active or.passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any persop on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. VIII. Year 2000 Warranty Where the project described in Appendix D involves the creation or purchase of any computer program, software, hardware or other equipment, the Contractor hereby agrees that its computer sof~,vare and equipment (including those with consultants using or maintaining computer equipment) will comply with the NYS Year 2000 Warranty as stated in Appendix A1 (Attachment 1) and will, if so designed, function as part of the State agency's computer system. IX. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. Except for the imposition of a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non-residents shall not exceed twice those charged to residents. B. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot exceed fees charged for residents at comparable State or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non- residents and the period of availability must be the same for both residents and non-residents. D. This provision does not apply to non-residents fishing and hunting license fees. X. Alienation Where the Project is undertaken on or involves parklands, the following additional provisions apply: The Contractor shall not at any time sell or convey any facility or any portion of the Project acquired or developed pursuant to this Agreement or convert such facility or any portion of the Project to other than public park purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. Al-6 XI. Terminations In addition to any other actions authorized by this Agreement, the Depat hiient may terminate the Agreement in the best interests of the State of New York by providing written notice to the Contractor as provided in this Agreement. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory progress or to complete the project to the satisfaction of the State may be deemed an abandonment of the project and may cause the suspension or termination of any obligation of the State. In the event the Contractor should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the Contractor by the State and not expended in accordance with this Agreement shall be repaid to the State upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from any State assistance to which the Contractor would otherwise be entitled an amount equal to the monies demanded. In the event that the Department has provided written notice to the Contractor directing that the Contractor correct any failure to comply with this Agreement, the Depat hxtent reserves the right to direct that the Contractor suspend all work during a period of time to be determined by the Department. If the Contractor does not correct such failures during .the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time period. During any such suspension, the Contractor agrees not to incur any new obligations after receipt of the notice without approval by the Department. XII. Subcontracting Reauirements The Contractor may subcontract for all or any portion of the activities covered by this Agreement as provided for in Appendix D, subject to prior written approval by the Department of any subcontractor and the terms of any subcontract. 3311. Requirements for Contract Map Products (1/01) A. GENERAL MAP PRODUCT REQUIREMENTS - The following general cartographic requirements must be adhered to by the Contractor: Map Products -- The Division requires delivery of digital map products, unless otherwise specified in the Request for Proposal (RFP), that meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS scctiun. If analog map products are required by the RFP, they must meet specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Deliverable Format -- All digital map and attribute table files must be provided in Maplnfo Tab file format on Recordable CD, 3.5" floppy diskette media, via e-mail attachment, preferably in a WinZIP ~e, or downloadable from an ftp site on the Internet. Altematively, the digital products may be provided in UNIX or WindowsNT ARC/INFO export format (.e00) or ArcView shape file format on the same media types upon approval of the Division. All other digital formats require prior approval of the Division. Coordination with the Division prior to submission of digital media is required to ensure compatibility of the delivered materials. Documentation -- A data dictionary must be included along with the map files describing file contents and file names, as well as metadata for each file including map projection, horizontal and vertical datums used, coordinate system, RMS accuracy and log sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal A1-7 funds must be provided in a manner which meets Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April 11, 1994, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data lafrastmeture". Map Accuracy -- Unless otherwise stated in the RFP, all deliverable map products must conform to National Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well-defined map points tested must be more than 1/50 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates to a required horizontal accuracy of 40 feet. If by prior agreement with the Division the map product does not conform to National Map Accuracy Standards, then a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS, NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor, U.S. Government Printing Office, Appendix 6. Datums -- Unless otherwise specified in the RFP, all map products should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (~VD88). B. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS - The following cartographic construction requirements must be adhered to by the Contractor: Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be idantieal. 2. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. 3. Point Duplication -- No duplication of points that occur within a data string is permitted. Connectivity - Where graphic elements visually meet, they must be also digitally meet. All confluences of line and polygon data must be exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. 7. Graphic Precision -- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth (.001) of a foot. 8. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better for digital map registration. C. ADDITIONAL DIGITAL-READY MAP PRODUCT REQUHIEMENTS - The following requirements for large scale, non-digital map products must be followed to facilitate the future Al-8 conversion of the maps to digital map products. All large format, non-digital map products must be provided on stable base material at a scale stipulated in the RFP. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. 1. Base Map Media -- All maps must be created on mylar or other stable base material. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Division, all maps should be compiled at 1:24i000. If other map scales are approved by the Division, where possible they will conform to standard map scales such as 1:9600; 1:50,000; 1:75,000; or 1:100,000. Map Registration -- The maps must provide a minimum of four (4) comer and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. Map Title and Legend - The maps must provide a title and legend block describing the information contained on the maps, and includ'mg the Documentation and Datnms information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. Cartographic Quality -- The quality of all map line work and symbolization must conform to items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. D. CONTRACT DATABASE STANDARDS 1. Delivery Media - All database and tabular files must be provided on digital media as specified above in Deliverable Format. Software Format -- All database and tabular files must be provided in Borland's Paradox for Windows95 and above version 5.1.0.4 format. Other formats that are convertible to Paradox may be used with prior approval of the Division. Geographic Attributes - Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. XIV. Payment and Records Retention A. Payments shall be made as set forth in Appendix C. The Contractor shall maintain, at its principal place of business, detailed books and accounting records supported by original documentation relating to the incurring of all expenditures, as well as payments made pursuant to this Agreement. The Contractor shall make such records available for review by the Department upon request at any time. The Department shall have the right to conduct progress assessments and review books and records as necessary. The Department shall have the right to conduct an on-site review of the Project and/or books and records of the Contractor prior to, and for a reasonable time following, issuance of the FINAL payment. The Department shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if the Contractor has misrepresented any expenditures or Project activities in its application to the Department, or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain such books and accounting records in a manner so that reports can be produced therefi'om in accordance with generally accepted accounting principles. The Contractor shall maintain separate fiscal books and records for all funds received through the Department pursuant to this Agreement. A1-9 During the term of this Agreement and for a period of six years after its termination, the Contractor shall make all such books and records available to the Department and the Office of the State Comptroller, or their designated representatives, for inspection and audit. XV. Equal Emplownent Ovportunitv The Contractor hereby assures that it is, and shall be for the duration of this Agreement, in compliance with the Federal Equal Employment Opportunity Act of 1972 (Public Law 92-261), as amended. XVI. Article 15-A of The New York State Executive Law The Department of State administers a Minority and Women-owned Business Enterprises (MWBE) Program as mandated by Article 15-A of the New York State Executive Law. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women-owned business enterprises. Under this law, all state agencies must, subject to certain exceptions, establish goals for minority and women-owned business participation in certain state contracts and grants. Where IVI3NBE goals are required, even in circumstances where this goal is zero, a Quarterly Contractor Re~ort is required to be submitted to the Minority and Women-owned Business Program of the Department on forms provided by the Depattment. Article 15-A requires that rules and regulations be established for contracts entered into by the Department. In accordance with Article 15-A, goals must be set for contracts entered into by the Department in excess of $25,000 for labor, services, supplies, equipment, and materials, or any combination of the foregoing, and for contracts entered into by the Department in excess of $100,000 for acquisition, construction, demolition, replacement, major repair, renovation or improvement of real property. In applying these rules and regulations, the Department must consider the availability of certified minority and women-owned businesses in the region in which the state contract will be performed, the total dollar value of the contract, the scope of work to be performed, and the project size and term. The contractor will, when required as a part of the bid or proposal, submit a Staffing Plan on the form provided by the Department. This Plan will detail the work force anticipated in the performance of the state contract, reported by ethnic background, gender, and Federal Occupational Categories. After a bid opening and prior to the award of a state contract, the contractor will submit an Equal Employment Onnortunitv (EEO) Policy Statement3 to the Department within the time frame established by the Department. The law requires that, as a precondition to entering into a valid and binding state contract, the contractor will agree to the following stipulations and will include them in the EEO Policy Statement: · The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status. · The contractor will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative action applies in areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. · The contractor will make active and conscientious efforts to employ and to utilize minority group members and women at all levels and in all segments of its work force on state contracts, and the contractor will document these efforts. Al-lO · The contractor will state in all solicitations and advertisements for employees that, in the performance of the state contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. · The contractor will, at the request of the Department, request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate because of race, creed, color, national origin, sex, age, disability or marital status, and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein. · The contractor will include the provisions regarding the EEO Policy Statement and the Staffing Plan enumerated above in each and every subcontract of a state contract in such a manner that the subcontractor is bound by these requirements. · Failure to provide an EEO Policy Statement and a Staffin~ Plan without reasonable written justification or commitment to provide these requirements by a specified date will result in rejection of the contractor's bid or proposal. · After the award of a state contract, the contractor will submit to the Department a Workforce Employment Utilization Report, on the form supplied by the Department, detailing the work force actually utilized on the state contract, by ethnic background, gender and Federal Occupational Categories, as specified on the form. This Report will be submitted to the Department on a quarterly basis throughout the life of the contract. · The contractor, and any of its subcontractors, may be required to submit compliance reports relating to their operations and implementation of their affirmative action or equal employment opportunity program in effect as of the date the state contract is executed. Questions regarding this program should be directed to the Minority and Women-owned Business Program by calling (518) 474-5741. To assist potential contractors, the NYS Directory of Certified Minority and Women-owned Business Enterorises can be viewed at the Department of State, Minority and Woman-owned Business Program, Eleventh Floor, 41 State Street, Albany, New York 12231-0001. To access the Directory ming the lnternet, use the Department of Economic Development website at: http\\www.empire.state.ny.us; choose "Business Services" then Minority/Women s Business, then choose "Search the Directory..." The Department makes no representation with respect to the availability or capability of any business listed in the Directory. XVII. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. XVIII. Submission of all correspondence and documentation A. The Contractor agrees to provide the Department with original and two copies of all documentation relating to this Project, including, but not limited to: notices of public meetings, products described in Appendix D, and payment request documentation as described in Appendix C. B. All information as described in A. above shall include the NYS Comptroller's # as indicated on the Face Page of this Agreement. Al-Il Environmental Review Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental impact statements, findings, and determinations, relating to the Project. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided Department with appropriate documentation that contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. Fully-Executed Agreement or Amendment Thereto If this Agreement or amendments thereto, allocates funds totaling $15,000 or less, it shall be deemed to be fully executed when approved and signed by the Contractor and the Depm tment. B. If this Agreement, or amendments thereto, allocates funds totaling more than $15,000, it shall be deemed to be full executed when approved by the Office of the State Comptroller. Al, Attachment 1 NEW YORK STATE YEAR 2000 WARRANTY STANDARD 1. Definition. For purposes of this warranty, the following definitious shall apply: a. "Product" shall include, without limitation: any piece or component of equipment, hardware, fwmware, middleware, custom or commercial software, or internal components or subroutines therein which perform any date/time data recognition function, calculation, comparing or sequencing. Where services are being furnished, e.g. consulting, systems integration, code or data conversion or data entry, the term "Product" shall include resulting deliverables. b. "Vendor's Product" shall include all Product delivered under this Agreement by Vendor other than Third Party Product. c. "Third Party Product" shall include product manufactured or developed by a corporate entity independent from Vendor and provided by Vendor on a non-excinsive licensing or other distribution Agreement with the third party manufacturer. "Third party Product" does not include product where Vendor is: a) a corporate subsidiary or affiliate of the their party manufacturer/developer; and/or b) the exclusive re-seller or distributor of product manufactured or developed by said corporate entity. Warranty Disclosure At the lime of bid, Product order or Product quote, Vendor is required to disclose the following information in writiag to authorized User: a) For Vendor Product and for Products (including, but not limited to, Vendor and/or Third party Products and/or Authorized User's Installed Product) which have been specified to perform as a system: Compliance or non- compliance of the Products individually or as a system with the Warranty Statement set forth below; and b) For Third Party Product Not specified as Part of a System: Third Party Manufacturer's statement of compliance or non-compliance of any Third party Product being delivered with Third Party Manufacturer/Developer's Year 2000 wan'anty. If such Third Party Product is represented by Third Party Manufacturer/Developer as compliant with Third Party Manufacturer/Developer's Year 2000 Warranty, Vendor shall pass though said Third Party Warranty from the Third Party Manufacturer to the Authorized User but shall not be liable for the testing or verification of Third Paxty's compliance statement. An absence or failure to furnish the required written warranty disclosure shall be deemed a statement of compliance of the product(s) or system(s) in question with the year 2000 warranty statement set forth below. 3. Warranty Statement Year 2000 warranty 'compliance' shall be defined in accordance with the following warranty statement: Vendor warrants that Product(s) furnished pursuant to this Agreement shall, when used in accordance with the Product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000, including leap year calculations. Where a purchase requires that specific Products must perform as a package or system, this warranty shall apply to the Products as a system. In the event of any breach of this warranty, Vendor shall restore the Product to the same level of performance as warranted herein, or repair or replace the Product with conforming Product so as to minlrni~e interruption to Authorized User's ongoing business processed, time being of the essence, at Vendor's sole cost and expense. This warranty does not extend to correction of Authorized User's errors in data entry or data conversion. This warranty shall survive beyond termination or expiration of the Agreement. Nothing in this warranty shall be coustmed to limit any rights or remedies otherwise available under this Agreement. Al, Attachment 2 FINAL PROJECT SUMMARY REPORT Final payment of the grant is dependent upon the satisfactory completion and acceptance by the Depafanent of State, Divisi~n ~f C~asta~ Re~~urces ~f t~~~s FINAL PR~JEC~ ~UMMARY REP~R~ a~~ng with the requ~site d~cumentati~n. In addition to the other requirements of the contxact, the grant recipient is resoonsible to relav the importance, the significance and the value of the completed proiect to the community, the region and the state through the completion of the report. The following outline should be used to complete the FINAL PROJECT SUMMARY REPORT: 1. Project Title: 2. Name of Municipality: Actual Project Costs: a. State funds expended (identify source, eg. EPF, Clean Water/Clean Air Bond Act, etc.): b. Local funds expended: c. Other funds expended: Project Manager: Name: Title: Mailing address: Tel. number: _ Fax number: E-mail address: 5. Federal Tax Identification Number: 6. Project Background (briefly explain in a short paragraph why this project was necessary, what its value is and/or its importance to the community): 7. Project Work (briefly describe the work that was done to complete the project): Project Descriptions (use the following guidelines to describe the project and please be concise in the description): a. For a Planning Project describe the findings or recommended strategies. b. For a Design Project describe what is to be built. c. For a Construction Project describe what was built. 9. Project Measurable Results: To be completed on forms attached. 10. Project Documentation: The Department of State, Division of Coastal Resources requires a visual documentation of the Envirunmental Protection Fund projects. Project products shouid be visually documented using a 35rmn camera or a digital camera. The 35mm color slides and/or digital camera disc should be labeled and dated when submitted along with the completed FINAL PROJECT SUMMARY REPORT. Visuals should ilinstxate the final project product and, as appropriate, activities undertaken to complete the project. For example, some projects would call for visuals that include photographs of volunteers participating in a wetland restoration project (planting Spartma); photographs of historical signs markers, kiosks, etc. being placed; or photographs of an artist's rendering of a waterfront design. Design, p!anniug, and construction projects call for different visual documentation. Therefore, the following guidelines are suggested: [] For design projects, visuals of renderings and/or graphics that depict the final product. [] For planning projects, visuals of any graphics, where appropriate, that illustxate the final product. [] For construction projects, visuals of work in progress and the finished project. In addition to the 35mm color slides/digital camera disc, a video (vhs format) oftbe project with a verbal description is desirable but not mandatory. The video may be used in a future documentary. Al, Attachment 3 NYS Department of State · Minority and Women-owned Business Enterprises Program 41 State Street Albany NY 12231-0001 · (518) 474-574'1 Minority and Women-owned Business Enterprises (MWBE) Program Quarterly Contractor Report INSTRUC33ONS: 1. Please prepare reports based on calendar quarters, or prepare one annual report. 2. Use a separate Report sheet for each contract or program area 3. Record the amount paid for each service/product for the time period identified below. 4. Send completed reports to the Minority and Women-owned Business Enterprises Program at the above address. REPORT PERIOD Report should cover a calendar quarter OR the program year. FROM: TO: Enter the inclusive dates of the quarter or for the program year. CONTRACTOR NAME PROGRAM DOS CONTRACT NUMBER CONTRACTOR ADDRESS Service Area of Contract Work NAME and TITLE of CONTACT PERSON (Please Print) i TELEPHONE NUMBER TYPE of DESCRIPTION of ~JVlOUNT PAID VENDOR NAME and ADDRESS VENDOR SERVICE/PRODUCT THIS PERIOD COMMENTS [] aBE o WBE [] MBE [] WBE [] MBE [] WBE [] MBE [] WBE [] MBE [] WBE [] MBE o WBE [] MBE [] WBE [] MBE [] WBE [] MBE [] WBE PAGE 1 of CONTRACTOR: PROJECT STATUS As of (Submil semi-annually and with each payment request.) A1 - Attachment Agreement # Please list all tasks and indicate the status of each. Attach additional pages if necessary. · Task # should match the task number in the Agreement work program. * A/T indicate if Date of Completion is Aetaal or Target Date for anticipated completion of the task. · Products/Accomplishments should list products completed or other accomplishmentS. Task Date of Percent of # Air Completion Completion Products/Accomplishments Please note problems encountered, proposed adjustment(s) to work program/schedule, and reason(s) for proposed adjustment(s): Please provide the following information: Name of contact person: Email Address: Phone Number: Fax Number: Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel C. Supplies/Materials D. Equipment E. Contractual Services F. Other $ $19,291.00 $ $0.00 $ $0.00 $ $0.00 $ $80,709.00 $ $0.00 TOTALPROJECTCOST $ $100,000.00 Total State Funds (50 % of Total) Total Local Share (50% of Total) $ $50,000.00 $ $5O,OOO.OO Appendix B (Budget Detail Sheet) 'A. SALARIES & WAGES TITLE ANNUAL SALARY AMOUNT CHARGED TO THIS PROJECT Senior Environmental Planner $48,400.00 $9,307.00 Town Attorney $70,359.00 $464.00 Technical Coordinator $61,227.58 $1,480.00 Supervisor's Assistant $44,720.00 $1,229.00 Administrative Assistam $35,981.09 $989.00 Senior Environmental Planner $48,400.00 $984.00 Town Planner $60,035.87 $396.00 Fringe for above employees ~37% $136,225.00 $4,442.00 ~ SUBTOTAL $19,291.00 B. TRAVEL SUBTOTAL $ 0.00 C, SUPPL1ESFMATERIALS SUBTOTAL $ 0.00 D. EQUIPMENT SUBTOTAL $ 0.00 E. CON'I1L~CTUAL SERVICES Services from Comell Cooperative Extension or other consultants: Bay and Creek Mooring Plan Implementation Education Program Erosion Management Measures Wetlands Reformulation SUBTOTAL $ 80,709.00 IF. OTHER SUBTOTAL $ 0.00 APPENDIX C Payment and Reporting Schedule I. Payment Schedule The Department shall make interim payments for eligible costs incurred up to an amount not to exceed 90% of the State Funds Requested. The final payment will be made upon satisfactory completion of the Project. Not more frequently than once every 30 days, a properly executed payment request, on forms as prescribed by the Department, and required work products documenting completion of one or more of the tasks set forth in Appendix D, Program Workplan, and total project costs incurred to date, may be submitted. Payment provided above shall be made to the Contractor upon the submission by the Contractor of properly executed payment request. Such request shall contain the following: (1) "Summary Sheet Documentation Forms" as provided by the Department, for reimbursement of actual and eligible expenditures, (2) the required Detail Study, and (3) a properly executed State Voucher. Payment requests will be reviewed in accordance with the terms and conditions of this Agreement to determine total allowable project costs incurred and the number and percentage of allowable project tasks completed to date. For the purpose of determining the level of reimbursement, otherwise allowable project costs may be reduced if the percentage of task completion is deemed insufficient. Total allowable project costs, adjusted pursuant to 2. above, will be prorated between State Funds and Local Share costs in the same proportions as Total State Funds is to Total Local Share as set forth on the Face Page. 4. Interim payments will be issued in amounts equal to the State Funds calculated in 3. above, less all previous payments to date. The final payment will be issued upon receipt and approval of a payment request marked "FINAL" documenfing all project costs incurred and tasks completed and submission of the Final Project Summary Report and Measurable Results Forms. Such final payment request shall be submitted within 60 days following the ending date of this Agreement. II. Reporting Payment requests as described in I.B. above shall be certified by a duly authorized representative of the Contractor as accurately representing such accomplishments and expenses as recorded in the Contractor's accounting records, including, where goods or services are provided by third parties not party to this Agreement, a certification that any payment obligations arising from the provision of such goods or services have been paid by the Contractor and do not duplicate reimbursement or costs and services received from other sources. B. Notwithstanding the above requirements, upon written notification by the Department, the Contractor may be required to submit source documentation and additional verification of allowable expenditures. C. Payment requests shall be submitted to: New York State Department of State Contract Administration Unit - LWRP 41 State Street - 10th Floor Albany, New York, 12231-0001 Claimed expenditures per cost category may not exceed the mounts indicated in the Budget, Appendix B, by ten percent (10%) without approval of the Department, provided that the Total Project Cost as set forth in Appendix B, Budget Summary is not exceeded. Any expenditure in excess of such 10% or that changes the State Share or Local Share funding amount shall require an amendment to the Project Budget submitted in writing by the Contractor and approved by the Department. No expenditures shall be allowed for items not set forth in the Project Budget without written approval of the Depath~lent. m. Other Notwithstanding the submission of timely and properly executed payment requests, the Department shall be under no obligation to make payment for expenditures incurred without the prior Department approvals and/or amendments required under this Agreement and, further, shall have the right to withhold any such payment pending the execution of such approval and/or amendment. Interest income earned on funds received pursuant to this Agreement shall be used to further the purpose of this Project or shall be deducted from total eligible cost to determine the net eligible costs to be reimbursed by the Department. The Department shall have the right to conduct on-site progress assessments and reviews oftbe Project and Contractor's books and records during the life of this Agreement and for a reasonable time following issuance oftbe FINAL payment. The Contractor shall furnish proper facilities, where necessary or useful, for such access and inspection. The Department shall be entitled to disalloTM any cost or expense, or terminate or suspend this Agreement, if found that the Contractor has misrepresented any expenditures or project activities in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain separate fiscal books and records for all funds received through the Department and project activities conducted pursuant to this Agreement, and shall make all such books and records available to the Department, the Office of the State Comptroller, or their designated representatives for inspection and audit for a period of six years following termination of this Agreement. Contractor: Program Contact Person: Phone: (Office) APPENDIX D PROGRAM WORKPLAN Town of Southold Valerie Scopaz, Town Planner 631-765-1938 631-765 -3136 Implementation of Priority LWRP Projects 1. Project Description The Town of Southold has completed a Draft Local Waterfront Revitalization Program (LWRP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of priority projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconic Estuary Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program. These include the preparation of mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, development of an educational program regarding the LWRP, and reformulation of wetlands legislation to address Board of Trustees needs. This will further work developed under previous LWRP grants from the EPF. The Town of Southold has developed a partnership and contracted with the Marine Program of Comell Cooperative Extension of Suffolk County to complete work related to the implementation of the Town's LWRP. This partnership will be extended to cover the tasks associated with this work plan. 2. Project Attribution and Number of Copies The applicant must ensure that all materials printed, constructed, and/or produced reflect the Department of State, Division of Coastal Resources logo, and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphics, final design documents, and other printed materials. 3. Component Tasks Task 1. Project Scoping The Town of Southold, the Department of State, and Comell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination of local responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee, determine D-2 its composition. A brief meeting summary will be prepared indicating the agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draft contract with Comell Cooperative Extension. The contract shall contain a detailed work plan with adequate opportunity to review stages in completion of the products, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. The draft contract will be submitted to the Department of State for review and approval. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to release for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task 4: Consultant Selection (if required) In consultation with Department of State, the Town of Southold shall review all proposals received as a result of the RFP. The consultant selected is subject to approval by the Department of State. Product: Consultant selected. Task 5: Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct the work with the selected consultant. The contract will contain a detailed work plan with adequate opportunity to review stages in completion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to the Department of State for review. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract Task 6: Project Scoplng Session (if required) The Town of Southold, the Department of State, Comell Cooperative Extension and the consultant shall hold an initial meeting to review project requirements and site conditions and to transfer any information to the D-3 consultant which would assist in completion of the project. A brief meeting summary will be prepared to clearly indicate the agreements/understandings reached at the meeting. Product: Scoping meeting with appropriate parties. Meeting summary with note of agreements/understandings reached. Task 7. Town of Southold Mooring Management Plan In preparing a Mooring Management Plan for the Peconic Estuary and associated creeks the Town will: · Collect and analyze existing data on the location and use of moorings, including collecting new data through the use GPS and GIS technology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. · Examine location of moorings with regard to significant natural resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and natural resources. · Exarrdne location of moorings with regard to navigation channels, marinas and boat launches in order to avoid conflicts between moorings and other users of the water surface. · Examine alternative mooring types and patterns, and develop alternative solutions to different mooring field problems found in the field analysis e.g., public moorings of alternative designs that permit greater control over siting and capacity. · Finalize digital mooring maps for use by Town Trustees and Bay Constables to improve permitting and enforcement activities. The Mooring Management Plan will also review Town procedures for the issuance of mooring permits and provide recommendations for improvements to this procedure including monitoring and inspection of moorings and enforcement. The Mooring Management Plan will build on information contained in the Draft LWRP and the Town of Southold Harbor Management Plan (1995). Department of State review of interim products and approval of final products is required. Product: Town of Southold Mooring Management Plan, including digital mooring field data and mooring maps and procedures for mooring regulation and enforcement. Task 8. Erosion Management Measures In preparing erosion management measures, the Town will: · Digitize locations of, and analyze conditions at existing erosion control and slope destabilization sites on Town of Southold shorelines. · Develop appropriate generic slope stabilization, regrading, and landscaping guidelines for use by property owners, builders, architects, and Town officials and incorporate these in the Town Code. · Publish guidelines and disseminate information to property owners, builders, developers, architects, and appropriate Town officials. Department of State review of interim products and approval of final products is required. Product(s): Digital erosion site data; written guidelines on erosion control, code amendments. D-4 Task 9. Reformulation of Wetlands Legislation The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committee will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalities in Suffolk County. Using existing studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetland conditions in Southold and will also provide a benchmark against which future monitoring on the effectiveness of regulation and management can be based. The Committee will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. Department of State review of interim products and approval of final products is required. The Committee will make recommendations to the Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Identified wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s)'. Task 10. Development of an LWRP Educational Program The Town of Southold will develop an LWRP Educational Program. This program will identify both short- term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. Department of State review of interim products and approval of final products is required. Product(s): Short-term and long-term priority education programs plaimed and materials designed. Task 11: Quarterly Reports The Town of Southold shall submit to the Department of State quarterly reports on the form provided, including the extent of work accomplished, any problems encountered, and any assistance needed. Ifa quarterly payment request is submitted, the quarterly report may be submitted as part of the payment request. Products: Quarterly reports during the life of the contract. Task 12: Project completion and Measurable Results Upon completion of the project, the consultant shall submit a statement to the Town of Southold that the work has been completed in accordance with the contract and all permit requirements, where applicable. The consultant shall provide the municipality with all rePorts, analysis, data, GIS layers, and products as specified in this work program. The Department of State shall concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Department of State for final payment of grant funds. The municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State. Product: Completed Measurable Results form. 4. Project Management Responsibilities: Town of Southold · The Town of Southold is responsible for ensuring completion of all work program tasks, reporting on progress and obtaining required approvals from the Department of State, and providing the Department of State with copies of materials produced. · The Town of Southold is responsible for soliciting input and comments from key local official staff, project participants, and other appropriate interests. · The Town of Southold will secure all necessary permits and perform all required environmental reviews, where applicable. · The Town of Southold is required to conduct meetings at appropriate intervals from the outset of and during the project to solicit concerns, comments and suggestions. Meetings should involve appropriate local officials, the Department of State and other appropriate government agencies, the project consultant, and other appropriate interests such as property owners, waterfront businesses, other private sector interests, project volunteers, civic groups, and the public at large. Public participation should occur early and consistently in the process through informational meetings, workshops, project presentations Consultant(s) · The consultant shall submit interim, draft, and final products to the Town of Southold and the Department of State. The submission of interim products is required to ensure the project is on schedule and project objectives are being achieved. Subsequent draft reports and products must respond to and reflect comments received from the Town of Southold and the Department of State to the satisfaction of the Town of Southold and the Department of State. Department of State · The Department of State will review and approve the subcontract between the Town of Southold and the consultant. Approval by the Department of State of any and all consultant subcontracts is necessary before work can commence. · The Department of State shall participate in meetings that important to the project's completion · The Department of State will review all interim, draft, and final products and provide comments as necessary to ensure project objectives are achieved. Other Agencies · Appropriate local, county, state, and federal agencies will be consulted. Interagency workshops/meetings may be conducted to improve communication and understanding about project objectives and needs; gain support from govemment agencies for permitting and financing; coordinate govemment agency actions; and to foster the redevelopment process. 2. Schedule D-6 T~k Description Task 1 - Project Scopinl~ Session Task 2 - Contract rp. rp. rp. rp. rp. rp.[~aration and execution Task 3 - Request for Proposal Task 4 - Consultant Selection Task 5 - Contract preparation and execution Task 6 - Project Scopin~ Session Task 7- Moorinl~ Management plan lask $ - Erosion Manal[ement Measures Task 9 - Reformulation of Wetlands Legislation Task 10 - LWRP Educational Prol~mm Task 11 - quarterly Reports Task 12 - Project Completion and Measurable results Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo 2 3 4 5 6 7 8 9 10 1I Mo Expected Products Executed contract Selected consultant Executed Contract Town Code revisions; wh~en ~aidelines on erosion control. Wetland reference sites; wetland delineation and buffer Town Code revisions. LWRP Educational Prol:ram Measurable results form APPENDIX X Agency Code: 19000 Contract Period: Contract No.: COO 6213 Funding for Period: $50,000.00 Taka is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Department of State, having its principal office at 41 State Street, Albany, New York, 12231 (hereinafter referred to as the STATE), and Town of Southold (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006213, as amended above and in attached Appendice(s) All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACTOP¥SIGNATURE By: -"~ -~ t~ ~- By: (print name) (print name) Tide: _.. ,~ Tide: Date: Date: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." State of New York ) County of Suffolk )ss: Onthis 29th dayof May ,20 03, before me personally came Joshua Y. Horton to me known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in Southold Town (if the place of resident is in a city, include the street and street number, if any, thereof); that he/she/they is(are) the Supervi sot (rifle of officer or employee) of the Town of Southold (name of municipal corporation), described in and which executed the above instrument; and that he/she/they signed hisPaer/their name(s) thereto by authority of the governing body of said · municipal corporation. ~ NOI(~d~Y PUBLIC STATE COMPTROLLER'S SIGNATURE Title: Date: Submitted by: Christopher F. Smith Marine Program Director Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue Riverhead, New York 11901 SOUTHOLD WATERFRONT REVITALIZATION PROJECT - PROGRESS REPORT9-30-02 TO 6-1-03 1. GIS Component The GIS database currently being constructed is composed of information extracted fi.om three project components: 1) Southold Town Creeks visual inventory 2) eelgrass management and restoration efforts and 3) shellfish management and restoration efforts. The following summarizes individual proposed tasks and progress to date. Southoid Town creeks visual inventory -Inventory of shoreline structures along Town creeks, Photos of existing structures (e.g. houses, bulkheading and docks) will be extracted from the produced videos and linked to their corresponding tax map lot. Selecting any creek-front parcel will provide information such as acreage and will call up digital photographs. This has been successfully completed for the following creeks: Downs, Brushes, Corey, Deephole, East, ,lames, Little, Richmond, West and Wickham Creeks. -Database of shoreline defense structures. All shoreline-hardening structures (e.g. bulkheads) will be mapped and linked to descriptive information such as size, length, etc. Town-wide data is available and is currently being incorporated into the database. -Mooring field inventory. All mooring fields in Southold will be mapped and linked to digital and aerial photographs. Has been successfully completed for the following creeks: Corey, Cedar Beach, Deephole, East, James, Little and Richmond Creeks. -Navigational channel mapping. Previously and currently maintained channels will be mapped and linked to aerial photographs. Aerial photographs are currently being analyzed and the data is being incorporated into the database. Eelgrass Management and Restoration -Historical eelgrass bed distribution. Locations of historical beds of eelgrass throughout Southold will be mapped and linked to descriptive data such as density, health, etc. Town-wide data is available and is currently being incorporated into the database. -Existing eelgrass bed distribution: Current locations of eelgrass beds will be. mapped and linked to digital (underwater) and aerial photographs. Town-wide data is available and is currently being incorporated into the database. -Long-term eelgrass monitoring stations. Cornell Cooperative Extension eelgrass monitoring stations will be mapped and linked to data such as digital photographs (underwater) and monitoring findings. Station locations have been incorporated and associated data is being compiled. -Previous and ongoing eelgrass restoration efforts. Comell led restoration efforts will be mapped and linked to digital photographs and restoration outcomes/ findings. Town-wide data is available and is currently being incorporated into the database. -Sites highly suitable for eelgrass transplanting. A map of sites determined to be highly suitable for restoration activities will be created. The ability to produce such a map will be dependent on obtaining funding from additional sources to carry out the necessary multivariate modeling. The multivariate modeling is currently underway and we expect to include the results in the database. Shellfish Management and Restoration -Comell Cooperative Extension/Town of Southold seeding efforts. Map representing locations where seeding (clams, oysters and bay scallops) has occurred in 2001-2002 will be produced. The map will be linked to data such as quantity of seed and time of dispersal. The information is currently being incorporated into the database. -Proposed shellfish restoration efforts. A map will be produced depicting the proposed efforts: scallop spawner sanctuary and oyster reef. These areas will be linked to digital photographs and project summary documents. The information is currently being incorporated into the database. -SPAT project activity. The locations of all SPAT operations within the Town will be mapped. Town-wide data is available and is currently being incorporated into the database. -"Community garden". The location of the community garden will be mapped and will be linked to digital photographs and description of program. Community garden location has been incorporated and associated data is being compiled. -Shellfish closure areas. A map with year-round, seasonal and conditional shellfish closure areas will be produced. A map derived from the Department of Environmental Conservation (DEC) has been successfully incorporated. 2. Community based shellfish enhancement - To date over 300 volunteers have donated their time to help grow shellfish for restocking town waters. The shellfish grown by these individuals has contributed to the following 2 project components: Oyster reef creation in Mattituck Creek - A location to establish this reef was decided by the shellfish advisory committee at their meeting 9-12-02 (see figure below). The planting of this shell stock occurred on October 1, 2002 around the southern end of the island; a total of 125,000 oysters were planted. This was accomplished by placing the returned shellfish from the SPAT program on this reef as well as oysters cultured by Cornell Cooperative Extension's Cedar Beach hatchery and nursery on this reef. Bay scallop spawner sanctuary - The goal of this program is to place 75,000 scallops in Hallock Bay and 75,000 in Hay Harbor. In addition to the 48,000 ready to spawn scallops that were been placed in each location during the last reporting period, an additional 30,000 were placed in Hallock Bay during May 2003. 3. Eelgrass Management - Cornell staff have conducted the following activities within this category: a. The final results of the town-wide eelgrass inventory and mapping project were received In February 2003. This data is in a format suitable for inclusion into the GIS eelgrass management database. b. During May 2003 CCE staff completed the creation of a planting suitability index model for all of Southold Town. This GIS-based model will provide for a more accurate assessment of potential eelgrass planting sites based on a number of factors including present coverage (see above), historic distribution (1930), bottom type, depth, temperature, nutrients, light, shellfishing activity, mooring fields, fetch and other factors. This model wilt allow CCE to better focus restoration efforts on sites with the highest chance of success. Long-term monitoring program - The long-term monitoring program for eelgrass in Southold will continue this year. In addition to the normal shoot density data collection this year's effort will include more detailed temperature (surface and bottom) monitoring as well as an assessment of genetic diversity within and between existing beds using microsatellite loci. The addition of these latter parameters will enhance management and restoration efforts. Eelgrass Restoration - After consultation with the Board of Trustees, Southold Bay was selected as a likely candidate for large scale plantings during 2002. Based on this coordination a new method of planting eelgrass using seeding buoys was deployed in Southold Bay during July 2002. Monitoring of seedling establishment began in April 2003 and will continue through summer. Data collected in May 2003 along with data from several other sites throughout the Estuary will be included in a peer reviewed paper currently in preparation. 4. Watershed based water quality education - The goal of this component is to select a watershed within Southold Town and conduct water quality education programs for it's residents. The stormwater runoff committee recently established by the Town will be selecting the watershed to address. Comell staffhas been meeting to discuss the program, which will include: flyers, presentations to homeowner's associations/civic groups/service organizations, articles in papers, and video education program development. APPENDIX D Contractor: Program Contact Person: Phone: (Office) (Fax) 1. Project Description PROGRAM WORKPLAN Town ofSouthold Valerie Scopaz, Town Planner 631-765-1938 631-765-3136 MAY 28 2003 ects Southold Town Planning Board Implementation of Priority LWRP Pr¢ The Town of Southold has completed a Draft Local Waterfront Revitalization Program (LWKP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of priority projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconic Estuary Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program. These include the preparation of mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, development of an educational program regarding the LWRP, and reformulation of wetlands legislation to address Board of Trustees needs. This will further work developed under previous LWRP grants from the EPF. The Town of Southold has developed a partnership and contracted with the Marine Program of Comell Cooperative Extension of Suffolk County to complete work related to the implementation of the Town's LWRP. This partnership will be extended to cover the tasks associated with this work plan. 2. Project Attribution and Number of Copies The applicant must ensure that all materials printed, constructed, and/or produced reflect the Department of State, Division of Coastal Resources logo, and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphics, final desigm documents, and other printed materials. 3. Component Tasks Task 1. Project Scopiag The Town of Southold, the Department of State, and Cornell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination of local responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee, determine D-2 its composition. A brief meeting summary will be prepared indicating the agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draft contract with Comell Cooperative Extension. The contract shall contain a detailed work plan with adequate opportunity to review stages in completion of the products, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. The draft contract will be submitted to the Department of State for review and approval. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to release for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task 4: Consultant Selection (if required) In consultation with Department of State, the Town of Southold shall review all proposals received as a result of the RFP. The consultant selected is subject to approval by the Department of State. Product: Consultant selected. Task 5: Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct the work with the selected consultant. The contract will contain a detailed work plan with adequate opportunity to review stages in completion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to the Department of State for review. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract Task6: Project Scoping Session (if required) The Town of Southold, the Department of State, Comell Cooperative Extension and the consultant shall hold an initial meeting to review project requirements and site conditions and to transfer any information to the consultant which would assist in completion of the project. A brief meeting summary will be prepared to clearly indicate the agreements/understandings reached at the meeting. Product: Scoping meeting with appropriate parties. Meeting summary with note of agreements/understandings reached. Task 7. Town of Southold Mooring Management Plan In preparing a Mooring Management Plan for the Peconic Estuary and associated creeks the Town will: · Collect and analyze existing data on the location and use of moorings, including collecting new data through the use GPS and GIS technology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. · Examine location of moorings with regard to significant natural resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and natural resources. · Examine location of moorings with regard to navigation channels, marinas and boat launches in order to avoid conflicts between moorings and other users of the water surface. · Examine alternative mooring types and patterns, and develop alternative solutions to different mooring field problems found in the field analysis e.g., public moorings of alternative designs that permit greater control over siting and capacity. · Finalize digital mooring maps for use by Town Trustees and Bay Constables to improve permitting and enforcement activities. The Mooring Management Plan will also review Town procedures for the issuance of mooring permits and provide recommendations for improvements to this procedure including monitoring and inspection of moorings and enforcement. The Mooring Management Plan will build on information contained in the Draft LWKP and the Town of Southold Harbor Management Plan (1995). Department of State review of interim products and approval of final products is required. Product: Town of Southold Mooring Management Plan, including digital mooring field data and mooring maps and procedures for mooring regulation and enforcement. Task 8. Erosion Management Measures In preparing erosion management measures, the Town will: · Digitize locations of, and analyze conditions at existing erosion control and slope destabilization sites on Town of Southold shorelines. · Develop appropriate generic slope stabilization, regrading, and landscaping gu}delines for use by property owners, builders, architects, and Town officials and incorporate these in the Town Code. · Publish guidelines and disseminate information to property owners, builders, developers, architects, and appropriate Town officials. Department of State review of interim products and approval of final products is required. Product(s): Digital erosion site data; written guidelines on erosion control, code amendments. D-4 Task 9. Reformulation of Wetlands Legislation The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committee will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalities in Suffolk County. Using existing studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetland conditions in Southold and will also provide a benchmark against which future monitoring on the effectiveness of regulation and management can be based. The Committee will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. Department of State review of interim products and approval of final products is required. The Committee will make recommendations to the Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Identified wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s)'. Task 10. Development of an LWRP Educational Program The Town of Southold will develop an LWRP Educational Program. This program will identify both short- term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. Department of State review of interim products and approval of final products is required. Product(s): Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports The Town of Southold shall submit to the Department of State quarterly reports on the form provided, including the extent of work accomplished, any problems encountered, and any assistance needed. Ifa quarterly payment request is submitted, the quarterly report may be submitted as part of the payment request. Products: Quarterly reports during the life of the contract. D-5 Task 12: Project completion and Measurable Results Upon completion of the project, the consultant shall submit a statement to the Town of Southold that the work has been completed in accordance with the contract and all permit requirements, where applicable. The consultant shall provide the municipality with all reports, analysis, data, GIS layers, and products as specified in this work program. The Department of State shall concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Department of State for final payment of grant funds. The municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State. Product: Completed Measurable Results form. 4. Project Management Responsibilities: Town of Southold · The Town of Southold is responsible for ensuring completion of all work program tasks, reporting on progress and obtaining required approvals from the Department of State, and providing the Department of State with copies of materials produced. · The Town of Southold is responsible for soliciting input and comments from key local official staff, project participants, and other appropriate interests. · The Town of Southold will secure alt necessary permits and perform all required environmental reviews, where applicable. · The Town of Southold is required to conduct meetings at appropriate intervals from the outset of and during the project to solicit concerns, comments and suggestions. Meetings should involve appropriate local officials, the Department of State and other appropriate government agencies, the project consultant, and other appropriate interests such as property owners, waterfront businesses, other private sector interests, project volunteers, civic groups, and the public at large. Public participation should occur early and consistently in the process through informational meetings, workshops, project presentations Consultant(s) · The consultant shall submit interim, draft, and final products to the Town of Southold and the Department of State. The submission of interim products is required to ensure the project is on schedule and project objectives are being achieved. Subsequent draft reports and products must respond to and reflect comments received from the Town of Southold and the Department of State to the satisfaction of the Town of Southold and the Department of State. Department of State · The Department of State will review and approve the subcontract between the Town of Southold and the consultant. Approval by the Department of State of any and all consultant subcontracts is necessary before work can commence. · The Department of State shall participate in meetings that important to the project's completion · The Department of State will review all interim, draft, and final products and provide comments as necessary to ensure project objectives are achieved. Other Agencies · Appropriate local, county, state, and federal agencies will be consulted. Interagency workshops/meetings may be conducted to improve communication and understanding about project objectives and needs; gain support from government agencies for permitting and financing; coordinate government agency actions; and to foster the redevelopment process. Attachment A Budget for COO62t3 Task Description Dept of State I Erosion Management Measures $4,000 [I Implementation Education Program $6,500 III Bay and Creek Mooring Plan $14,500 iV Wetlands Reformulation $25,000 Town of Southold Budget Explanation - $19,291 $50,000 Time (based on Employee Title Responsibilities 50 weeks Scott Hughes Senior Environmental Planner Project Manager 7 hours~eek Greg Yakaboski Town Attorney Legal Review 12 hours total John Sepenoski Technical Coordinator GIS Coordination 44 hours total Joanne Liguori Supervisor's Assistant Grant Administration I hour/week Lauren Standish Adminisrative Assistant Clerical I hour/week Wetlands Research and Mark Terry Senior Environmental Planner Mapping 37 hours total Valede Scopaz Town Planner Project Administration 12 hours total Budget Explanation: CCE Subcontract = $50,000 h'om Dept of State and $30,709 CCE Match. Task 1 Erosion of Management Measures Dept of State Direct Salary Costs Salaries $2,850 Fringe Benefits (33.96%) Direct Non-Salary Costs Printing Travel $1,000 Equipment $150 Materials Supplies Town of Southold Match $19,291 Hour~ Rate $26.59 $38.65 $33.64 $24.57 $19.77 $26.59 $32.98 Fringe Benefita Total CCE Match $3,000 $1,987 CCE Match $4,987 $11,019 $6,213 $8,490 $30,709 Total Cost $9,307 $464 $1,480 $1,229 $989 $984 $396 $14,849 $4,455 $19,304 Explanation of Match for C006213LWRP C006213 1 3/13/03 Budget for COO6213 Task II Task M Task IV Implementation Education Program Direct Salary Costs Salaries Fringe Benefits (33.96%) Direct Non-Salary Costs Pdnting Travel Equipment Materials Supplies Bay and Mooring Management Plan (including docks) Direct Salary Costs Salaries Fringe Benefits (33.96%) Direct Non-Salary Costs Printing Travel Equipment Materials Supplies Wetlands Regulations Reformulations Direct Salary Costs Salaries Fringe Benefits (33,96%) Direct Non-Salary Costs PdntJng Travel Equipment Materials Supplies Total DeptofState $3,000 $1,350 $150 $2,000 DeptofState $14,350 $150 DeptofS~te $25,000 $50,000 CCE Match $1,019 $10,000 CCE Match $1,000 $5,213 CCE Match $8,490 $30,709 Explanation of M~tch for C006213LWRP C006213 2 3/13/03 Budget Breakdown Description Department of State Funds Total Salaries = DOS Funding - Chds Smith, Madne Program Annual $84,850 ($28.815 fdnge) Chds Pickerell, Wetlands Specialist Annual $50,523 ($17,158 fdnge) Mary Morgan, Extension Educator Annual $40,400 ($13,792 fringe) Rory MacNish, Technician Annual $35,339 (12,001 fringe) Printing The budget will include pdnting pamphlets that will explain the erosion and sediment conrol management measures as well as pamphlets featuring the implementation results and description of the LWRP program for distribution at Southold Town Hall Equipment This will go towards purchase of a display for Towfl Hall that will feature the LWRP and have educational information in in and to hand out. Travel This budget are mileage fees for vehicle use which is set by the CCE Board of Directors at 32.5 cents per mile for 1,385 miles TotalExpenditurea Grand Total DOS Funds Budget for COO6213 $45,200 $17,200 $25,000 $1,500 $1,500 $2,380 $2,000 $450 $4,800 $50,000 Explanation of Match for C006213LWRP C006213 3 3/13/03 Budget for C006213 CCE Match Funds Chds Smith dirct salary match ffom Suffolk County Emerson Hasbrook direct salary match from Suffolk County Ronnie Matovcik direct salary match from Suffolk County Fringe Benefits on all salaries including funds from DOS and CCE Production of a broadcast quality 10 minute video at $1,000/minute Total Match from CCE CCE charges $1,000 per minute for a broadcast quality video that includes use of cameras, editing equipment, lights, schpting and post production $1,500 $1,500 $1,000 $16,725 $10,000 $30,725 Explanation of Match for C006213LWRP C006213 4 3/13103 WORK PROGRAM COVER SHEET Name and Address of municipality: Federal Tax ID#: Title of project: Department liaison: Community contact: Address (if different above): A163554 Department reviewer: Returned for revisions: Town of Southold P.O. Box 1179 53095 Route 25 Southold, NY 11971-0959 Implementation of Priority LWRP Projects - C006213 Steve Ridler Valerie Scopaz P.O. Box 1179 53095 Route 25 Southold, NY 11971-0959 Tel. No. 631-765-1938 Fax No. 631-765~3136 Date: Revision: Date: Revision: Approved: Date: Signature: Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel $ C. Supplies/Materials $ D. Equipment $ E. Contractual Services $ F. Other $ $19,291.00 $0 $0 $0 $80,709.00 $0 TOTAL PROJECT COST $ Total State Funds ( 50 % of Total) Total Local Share ( 50% of Total) $100,000.00 $ $50,000.00 $ $50,000.00 Describe the anticipated project costs for each of the above cost categories in detail on the following pages (i.e. the title and pay rate of municipal employees to work on the project, type of consultant to be retained, type of equipment and materials to be purchased). (See Attachment) The Total of your BUDGET must equal the sum of the State Share and the Local Share as shown on the Contract Face Page. Note ~ If Clean Water Clean Air Bond Act State Funds, funds for this Project cannot be expended for personal services in other New York State agencies. Appendix B (Budget Detail Sheet) A. SALARIES & WAGESTiTLE (See Attachment A) ANNUAL SALARY AMOUNT CHARGED TO THIS PROJECT SUBTOTAL B. TRAVEL SUBTOTAL $ 450 C. SUPPLIES/MATERIALS SUBTOTAL $2,350 D. EQU~MENT SUBTOTAL $12,000 E. CONTRACTUAL SERVICES SUBTOTAL $ 80,709,00 F. OTHER SUBTOTAL $0 APPENDIX D PROGRAM WORK PLAN Contractor: Program Contact Person: Phone: (Office) (Fax) Town ofSouthold Valerie Scopes, Town Planner 631-765-1938 631-765-3136 Implementation of Priority LWRP Projects Project Description The Town of Southold has completed a Draft Local Waterfront Revitalization Program (LWRP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of priority projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Picnic Estuary Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program. These include the preparation of mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, development of an educational program regarding the LWRP, and reformulation of wetlands legislation to address Board of Trustees needs. The Town of Southold has developed a parmership and contracted with the Marine Program of Comell Cooperative Extension of Suffolk County to complete this work. This will further work developed under previous LWRP grants from the EPF. (See Attachment B) 2. Project Attributions and Number of Copies The applicant must ensure that all materials printed, constructed, and/or produced reflect the Department of State, Division of Coastal Resources logo, and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphics, final design documents, and other printed materials. Rob Schneck has been targeted!!!!!! Please join us in celebrating his good fortune, sharing some good times and wishing him well. Thursday, March 20 2003 4:00 PM til 7:00 PM John Harvards of Stony Brook ([,ocalcd in the Foys R I s parking lo~. on R(mlc 347) A section of the bar will be set aside for our use in commemorating this event. This is an informal gathering of friends, so feel free to stop by when you can, and stay as long as you wish. The more the merrier! Cash bar. Happy hour drink and appetizer pricing will be in effect. If you wish to contribute to a gift, please see Bill Spitz, Karen Gomez, Cathy Haas or Elaine Lissauer by Friday March 14. We are suggesting $5 per person. Scopaz, Valerie From: nt: Subject: Yakaboski, Greg Sunday, March 09, 2003 10:33 PM Andrade, Barbara; Bohn, Lynda; Booth, ^ntonia; Bruer, Rudy; Bunchuck, Jim; Cochran, Carlisle; Cooper, Linda; Cushman, John; Duffy, Darline; Finnegan, Patricia; Flatley, Martin; Forrester, Ed; Garsik, Pat; Harris, Peter; Kowalski, Linda; McLaughlin, Karen; McMahon, James; Neville, Elizabeth; Reeves, Ken; Reisenberg, Lloyd; Richter, Jamie; Russell, Scott; Scopaz, Valerie; Sepenoski John; Spiro, Melissa; Standish, Lauren; Stulsky, Chris; Sullivan, George; Terry, Mark; Woodhull, Ruthanne; Cushman, John; Verity, Mike; Scott, Robert Town Attorney's Office To All: Just an FYI if you need to reach me. My office numbers are: 1) 765-1939 (that number is usually answered by Melanie); 2) Town Cell Phone- 631-495-3963 Pat Finnegan's office is in the HRC building. Her phone number is 298-4760. In case of dire straights please try the following numbers: 1) 765-262t Home 2) 631-804-1560 Personal Cell Phone Take Care, Greg Page 1 of 1 Scopaz, Valerie From: ChicVoorhis [cvoorhis@np-npv.com] Sent: Wednesday, March 12, 2003 5:22 PM To: 'Sepeneski John' Cc: 'Scopaz, Valerie'; 'Terry, Mark'; 'cleary'; 'Spire, Melissa'; 'Yakaboski, Greg'; 'Kathy Eiseman' Subject: High Groundwater Map John, Kathy Eiseman is sending a map that we would like to include in the GEIS in 1 lx17 format. Please prepare in the format that we have developed and print for discussion at the next meeting. Please also note the disclaimer language, which is very important and must be included due to the stepped function issue that we previously discussed. The map is useful for approximately of areas expected to have high groundwater conditions. Thanks, Chic Voorhis 3/13/03 PROGRESS REPORT TO THE TOWN OF SOUTHOLD ON THE SOUTHOLD TOWN WATERFRONT REVITALIZATION INITIATIVE COVERING ACTIVITIES FROM 9-30-02 TO the present Tasks Undertaken for Implementation of Priority LWRP Projects (3-1-03) Task 1. Project scoping Four meetings were held to provide overall project planning, ptioritization and organization of Task Components. A contract was prepared between the Town of Southo. ld and Comell Cooperative Extension to execute specific Tasks. A steering committee was formed consisting of representatives of the Town of Southold, the Town Trustees and Comell Cooperative Extension to oversee portions of this project. It was decided to initially work on the wetlands code revision and a work plan for that effort has been completed and is appended. Task 2. Contract preparation and execution A contract was prepared and executed. Task 3, 4, 5, 6 Not applicable Task 7. Town of Southold Mooring Management Plan Comell Cooperative Extension prepared a compilation of Mooting Background Research, a copy of which is attached for review by the New York State Department of State. Task 8. Erosion Management Measures A draft work plan is being prepared for the drafting of a generic set of erosion management measures to be used to prevent erosion at construction sites. Task 9. Wetland law reformulation This law was reformulated by Comell Cooperative Extension in close cooperation with the Board of Trustees and the Town Attorney's Office. It was adopted by the Town Board on February 24, 2003, subsequent to two public heatings and to separate review and comment by the Department of State. Task 10. Development of an LWRP Educational Program Education material to explain the causes and potential solutions to Nonpoint Source Water Pollution to the public was prepared. The pamphlets are targeted to Mattituck Creek. A copy is attached for review. These pamphlets will be made available to the public at the Trustee and Planning offices. A more extensive distribution program to disseminate this information at schools and other sites will be put together and submitted for review. ,/ Task 12. Project Completion and Measurable results Future completion. Submitted by: Christopher F. Smith Marine Program Director Corneil Cooperative Extension of Suffolk County 423 Griffing Avenue Riverhead, New York 11901 SOUTHOLD WATERFRONT REVITALIZATION PROJECT - PROGRESS REPORT9-30-02 TO 6-1-03 1. GIS Component The GIS database currently being constructed is composed of information extracted from three project components: 1) Southold Town Creeks visual inventory 2) eelgrass management and restoration efforts and 3) shellfish management and restoration efforts. The following summarizes individual proposed tasks and progress to date. Southold Town creeks visual inventory -Inventory of shoreline structures along Town creeka Photos of existing structures (e.g. houses, bulkheading and docks) will be extracted from the produced videos and linked to their corresponding tax map lot. Selecting any creek-front parcel will provide information such as acreage and will call up digital photographs. This has been successfully completed for the following creeks: Downs, Brushes, Corey, Deephole, East, James, Little, Richmond, West and Wickham Creeks. -Database of shoreline defense structures. All shoreline-hardening structures (e.g. bulkheads) will be mapped and linked to descriptive information such as size, length, etc. Town-wide data is available and is currently being incorporated into the database. -Mooring field inventory. All mooring fields in Southold will be mapped and linked to digital and aerial photographs. Has been successfully completed for the following creeks: Corey, Cedar Beach, Deephole, East, James, Little and Richmond Creeks. -Navigational channel mapping Previously and currently maintained channels will be mapped and linked to aerial photographs. Aerial photographs are currently being analyzed and the data is being incorporated into the database. Eelgrass Management and Restoration -Historical eelgrass bed distribution. Locations of historical beds ofeelgrass throughout Southold will be mapped and linked to descriptive data such as density, health, etc. Town-wide data is available and is currently being incorporated into the database. -Existing eelgrass bed distribution: Current locations of eelgrass beds will be mapped and linked to digital (underwater) and aerial photographs. Town-wide data is available and is currently being incorporated into the database. -Long-term eelgrass monitoring stations. Comell Cooperative Extension eelgrass monitoring stations will be mapped and linked to data such as digital photographs (underwater) and monitoring findings. Station locations have been incorporated and associated data is being compiled. -Previous and ongoing eelgrass restoration efforts. Cornell led restoration efforts will be mapped and linked to digital photographs and restoration outcomes/ findings. Town-wide data is available and is currently being incorporated into the database. -Sites highly suitable for eelgrass transplanting. A map of sites determined to be highly suitable for restoration activities will be created. The ability to produce such a map will be dependent on obtaining funding from additional sources to carry out the necessary multivariate modeling. The multivariate modeling is currently underway and we expect to include the results in the database. Shellfish Management and Restoration -Comell Cooperative Extension/Town of Southold seedim, efforts. Map representing locations where seeding (clams, oysters and gay scallops) has occurred in 2001-2002 will be produced. The map will be linked to data such as quantity of seed and time of dispersal. The information is currently being incorporated into the database. -Proposed shellfish restoration efforts. A map will be produced depicting the proposed efforts: scallop spawner sanctuary and oyster reef. These areas will be linked to digital photographs and project summary documents. The information is currently being incorporated into the database. -SPAT project activity. The locations of all SPAT operations within the Town will be mapped. Town-wide data is available and is currently being incorporated into the database. -"Community garden". The location of the community garden will be mapped and will be linked to digital photographs and description of program. Community garden location has been incorporated and associated data is being compiled. -Shellfish closure areas. A map with year-round, seasonal and conditional shellfish closure areas will be produced. A map derived from the Department of Environmental Conservation (DEC) has been successfully incorporated. 2. Community based shellfish enhancement - To date over 300 volunteers have donated their time to help grow shellfish for restocking town waters. The shellfish grown by these individuals has contributed to the following 2 project components: Oyster reef creation in Mattituck Creek - A location to establish this reef was decided by the shellfish advisory committee at their meeting 9-12-02 (see figure below). The planting of this shell stock occurred on October 1, 2002 around the southern end of the island; a total of 125,000 oysters were planted. This was accomplished by placing the returned shellfish from the SPAT program on this reef as well as oysters cultured by Cornell Cooperative Extension's Cedar Beach hatchery and nursery on this reef. Bay scallop spawner sanctuary - The goal of this program is to place 75,000 scallops in Hallock Bay and 75,000 in Hay Harbor. In addition to the 48,000 ready to spawn scallops that were been placed in each location during the last reporting period, an additional 30,000 were placed in Hallock Bay during May 2003. 3. Eelgrass Management- Cornell staff have conducted the following activities within this category: a. The final results of the town-wide eelgrass inventory and mapping project were received In February 2003. This data is in a format suitable for inclusion into the GIS eelgrass management database. b. During May 2003 CCE staff completed the creation ora planting suitability index model for all of Southold Town. This GIS-based model will provide for a more accurate assessment of potential eelgrass planting sites based on a number of factors including present coverage (see above), historic distribution (1930), bottom type, depth, temperature, nutrients, light, shcllfishing activity, mooring fields, fetch and other factors. This model will allow CCE to better focus restoration efforts on sites with the highest chance of success. c. Long-term monitoring program - The long-term monitoring program for eelgrass in Southold will continue this year. In addition to the normal shoot density data collection this year's effort will include more detailed temperature (surface and bottom) monitoring as well as an assessment of genetic diversity within and between existing beds using microsatellite loci. The addition of these latter parameters will enhance management and restoration efforts. d. Eelgrass Restoration - After consultation with the Board of Trustees, Southold Bay was selected as a likely candidate for large scale plantings during 2002. Based on this coordination a new method of planting eelgrass using seeding buoys was deployed in Southold Bay during July 2002. Monitoring of seedling establishment began in April 2003 and will continue through summer. Data collected in May 2003 along with data from several other sites throughout the Estuary will be included in a peer reviewed paper currently in preparation. 4. Watershed based water quality education - The goal of this component is to select a watershed within Southold Town and conduct water quality education programs for it's residents. The stormwater nmoff committee recently established by the Town will be selecting the watershed to address. Coruell staff has been meeting to discuss the program, which will include: flyers, presentations to homeowner's associations/civic groups/service organizations, articles in papers, and video education program development. Budget for COO6213 Task Description Dept of State I Erosion Management Measures $4,000 II Implementation Education Program $6,500 III Bay and Creek Mooring Plan $14,500 IV Wetlands Reformulation $25,000 Town of So~thold Budget Explanation - Sf 9,291 $50,000 Time (based on Employes Title Responsibilities 50 weeks Scoff Hughes Senior Environmental Planner Project Manager 7 hoursA~eek Grog Yakaboski Town Attorney Legal Review 12 hours total John Sepenoski Technical Coordinator GIS Coordination 44 hours total Joanne Liguofi Supervisor's Assistant Grant Administration 1 hourN~eek Lauren Standish Adminisrative Assistant Clerical I hourA~eek Wetlands Reseamh and Mark Terry Senior Environmental Planner Mapping 37 hours total Valerie Scopaz Town Planner Project Administration 12 hours total Budget Explanation: CCE Subcontract = $80,000 from Dept of State and $30,709 CCE Match. Taskf Erosion of Management Measures Dept of State Direct Salary Costs Salaries $2,850 Fringe Benefits (33.96%) Direct Non-Salary Costs Printing Travel $1,000 Equipment $150 Materials Supplies Southold Match $t9,291 Hour~ Rate $26.59 $38.65 $33.64 $24.57 $19.77 $26.59 $32.98 FdngeBeneflts Total CCE Match $3,000 $1,987 CCE Match $4,987 $11,019 $6,213 $8,490 $30,709 Total Cost $9,307 $464 $1,48O $1,229 $989 $984 $396 $14,849 $4,455 $t9,304 Explanation of Matc~ for C006213LWRP C006213 1 2/27/2003 Budget for COO6213 Task Il Task III Task IV Implementation Education Program Direct Salary Costs Salaries Fringe Benef'~s (33.96%) Direct Non-Salary Costs Printing Travel Equipment Materials Supplies Bay and Mooring Management Plan (including docks) Direct Salary Costs Salaries Fringe Benefits (33.96%) Direct Non-Salary Costs Printing Travel Equipment Materials Supplies Wetlands Regulations Reformulations Direct Salary Costs Salaries Fringe Benefits (33.96%) Direct Non-Salary Costs Pdnting Travel Equipment Materials Supplies Total DeptefState $3,000 $1,350 $150 $2,000 Deptof State $14,350 $150 DeptofState $25,000 $50,000 CCE Match $1,019 $10,000 CCE Match $1,000 $5,213 CCE Match $8,490 $30,709 Explanation of Match for C006213LWRP C006213 2 2/2712003 Budget Breakdown Description Department of State Funds Total Salaries = DOS Funding - Chris Smith, Marine Program Annual $84,850 ($28,815 fringe) Chris Pickerell, Wetlands Specialist Annual $50,523 ($17,158 fringe) MaP/Morgan, Extension Educator Annual $40,400 ($13,792 fringe) Rory MacNish, Technician Annual $35,339 (12,001 fringe) Printing The budget will include printing pamphlets that will explain the erosion and sediment conro[ management measures as well as pamphlets featuring the implementation results and description of the LWRP program for distribution at Southold Town Hall Equipment This will go towards purchase of a display for Tewh Hall that will feature the LWRP and have educational information in in and to hand out. Travel This budget are mileage fees for vehicle use which is set by the CCE Board of Directom at 32.5 cents per mile for 1,385 miles Total Expenditures Grand Total DOS Funds Budget for COO62t3 $45,200 $17,200 $25,000 $1,500 $1,500 $2,350 $2,000 $45O $4,800 $50,000 Explanation of Match for C006213LWRP C006213 3 2~27F2003 Budget for C006213 CCE Match Funds Chris Smith dirct salary match from Suffolk County Emerson Hasbrook direct salary match from Suffolk County Ronnie Matovcik direct salary match from Suffolk County Fringe Benefits on all salaries including funds from DOS and CCE Production of a broadcast quality 10 minute video at $1,000/minute Total Match from CCE CCE charges $1,000 per minute for a broadcast quality video that includes use of careeras, editing equipment, lights, scripting and post production $1,500 $1,500 $1,000 $16,725 $10,000 $30,725 Explanath3n cd Match for C0(36213LWRP C006213 4 2/27/~003 CONTRACT FOR SERVICES THIS AGREEMENT made this __ day of ,2003, between the Town of Southold, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971 and the Cornell Cooperative Extension of Suffolk County, having its principal place of business at 423 Griffing Ave, Riverhead, New York 11901. WHEREAS, the Town of Southold has an interest in conducting waterfront revitalization programs, and, whereas, the Cornell Cooperative Extension of Suffolk County Marine Program has the expertise to implement these programs. NOW THEREFORE, the Town of Southold and the Cornell Cooperative Extension of Suffolk County mutually agree as follows: I. The following exhibit is attached to this agreement and made part thereof: EXHIBIT A - Program Description and Budget II. In consideration of the payment by the Town of Southold of the sum of fifty thousand dollars ($50,000), the Cornell Cooperative Extension of Suffolk County agrees to conduct the programs and provide services as found in Exhibit A, for the period of March 1, 2003 to March 1, 2005, and will provide a semi-annual progress reports to the Town Board. III. The Cornell Cooperative Extension of Suffolk County shall secure and maintain such insurance that will protect it from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage which may arise from the performance of its services under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the Town from and against all suits, claims, demands or actions for any bodily injury or property damage sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, its employees or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at its own cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT by their respective representatives. TOWN OF SOUTHOLD CORNELL COOPERATIVE EXTENSION OF SUFFOLK COUNTY By: By: Joshua Y. Horton, Supervisor Paul Eglevsky, Board President EXHIBIT A Proposed Work Proiects, Funding and Due Dates: $ 4t000 Prepare a generic set of erosion management measures for use by the Building Department, and the Trustee, Zoning and Planning boards, as well as the Engineering and Highway departments. This task will be accomplished by reviewing and modifying as appropriate the Sediment and Erosion Control Measures contained in the Soil Conservation Service Manual January 2005. $ 6~500 Prepare educational material to explain the value of a specific implementation measure to the public (e.g. wetland based stormwater remediation) and its relationship to the LWRP. January 2005. $14~500 Prepare a strategy for a Bay and Creek Mooring management plan. January 2005. $ 25~000 Reformulate Wetlands legislation (Chapter 97 et.al.) to address needs of Board of Trustees. The following tasks are anticipated as taking place in conjunction with this project: 1. Establish a committee to work with Cornell. 2. Review existing wetland regulations and determine what changes are needed by the Trustees to assist them in their attempt to protect wetland resources in a consistent manner. 3. Conduct a systematic review of regulations used in other municipalities within Suffolk County (and elsewhere where applicable). 4. Interview officials from other municipalities to determine the pros/cons of their legislation. 5. Establish Town-wide wetland reference sites. 6. Develop wetland delineation methodology based on #5 through field work. 7. Create new buffer zone and other definitions and provide scientific justification for same. 8. Design new restoration/replanting protocols. 9. Due date September 2004 scopaz, Valerie From: ~nt: Cc: Subject: Liguori, Joanne Tuesday, March 18, 2003 11:02 AM 'Stephen Ridler' Hughes, Scott; Scopaz, Valerie; Chris Smith (E-mail) RE: LWRP COO6213 Yeady ~lanes xls Steve, I am attaching the annual salaries and fringes. As you can see, each person's fringes are different, therefore, you can either take the total salaries and use the 37% as an average, or take each person's individual. Your call. ..... Original Message ..... From: Stephen Ridler [mailto:SRIDLER@dos.state.ny.us] Sent: Friday, March 14, 2003 11:31 AM To: joanne.liguori@town.southold.ny.us Subject: Re: LWRP C006213 Working through this - one thing I need is the anual salaries including fringes of the Southold staff indicated on the spreadsheet - this is needed for the budget details form Senior Environmental Planner Attorney !chnical Coordinator Supervisor's Assistant Adminisrative Assistant Senior Environmental Planner Town Planner Thanks. >>> "Liguori, Joanna" <joanne.liguori@town.southold.ny.us> 03/03/03 09:41AM >>> Steve, attached please find a revised copy of the C006213 grant. Please note that Attachment A is attached as an Excel Worksheet, separate from the Grant File. If you have any questions, please do not hesitate to contact me at 631-765-1889. Thanks. <<coo6213.doc>> <<Explanation of Match for C006213.xls>> Sent: To: Cc: Subject: John, Thursday, February 27, 2003 4:52 PH Cushman, .lohn Uguod, ]oanne; Horton, .Joshua LWRP Implementation Projects: Billin~Arr~ngements So you are in the loop, (the metaphorical one anyway...): Scott Hughes has been appointed the Project Manager for the $50,000 LWRP grant (COOOO6213). All billing by Cornell (CCE) to the Town (TOS) for this grant will be through Scott to Josh (through Joanne Liguori) to you. A work contract between the TOS and the State Department (DOS) is being hammered o~t with Steve Ridler. You will be sent a signed copy of it by Joanne once we get it.....probably within the next month or so. After discussion with Joanne earlier this week, I am taking responsibility (for the time being) for reviewing the bills for the separate $150,000 contract between TOS and CCE The Town was sent its first set of bills this past December. These bills have not been paid because the Town does not have an agreed upon work plan for this contract. In a separate memo, I will be asking Chris Smith to develop a work plan with payment targeted to the delivery of key work products. Once this work plan is accepted by the Town Board, it will guide decisions related to payment of bills pursuant to this contract. Once the work plan is accepted, the bills will go from CCE to me to Josh (through Joanne) to you. Note that all bills AND correspondence related to LWRP grants and contracts will go to (and from) Josh through Joanne or will be copied to Joanne. If you need documentation for accounting purposes, go to Joanne first....as she will function as the central repository....and she will ensure that the Town Clerk's office gets the originals of whatever documents are supposed to go into the Town's archives. (Scott will be doing the same for bills related to LWRP grant COOOO6213.) My question to you is this: I would like the bills to be clearly itemized to facilitate review and payment. Do you have a preferred or recommended itemization model that CCE could use for all future billing on LWRP projects? If not, would you work with me to develop a streamlined billing format? Since we just received another LWRP related grant and can expect to get more in the future, it makes sense to have a single format that we follow with all the grant and LWRP contracts to streamline internal review, accounting and administration. Toward that end (streamlining, that is), Joanne will set up a coding system whereby each LWRP grant or contract is assigned its own "tagline". All internal correspondence and bills from CCE will be required to carry the correct "tagline" or it won't get paid, responded to, etc. etc. We (Scott, CCE and I) have agreed to use whatever "tagline" Joanne creates. Thanks for your time and help! If any questions, you know where to find me. Valerie cc: Planning & Zoning Committee Chairs Wickham and Moore LWRP Liaison Craig Richter 2 Page 1 ofl ,Liguori, Joanne From: Randolph, Linda Sent: Wednesday, February 19, 2003 2:49 PM To: Liguori, Joanne Subject: hourly salary info Joanne~ Valerie Scopaz has requested the fo~owing information: Hughes S. $26.59 - 7.57 7.~ Liguori, J. $24.57 ~7. ~7 Scopaz, V. $32.98 Sepenoski $33.64 Standish, L. $19. 77 Terry, M. $ 26.59 Yakabo, G $38,65 L /ncla 2/19/2003 02/04~2~3 22"z" ~73~5~5c WICKI.-V4N: PhC~ 02 Fax to , 765-3136 From Tom Wickham Feb 4 03 Re,: Tt~astee Morato_rium work and Oroiect m~r At today's To~n Bd mtg we reviewed recent decisions re proj mgmt of the various pieces of work anticipated under the Tmstee's moratorimn. The Bd confirmed its wish that Scott Hughes be the Proj Mgr for this project. We also noted that there are a number of issues that should be addressed correctly at the outset, and we agreed that your guidance on them will be important. Bill Moore and I were asked to meet with you, and perhaps with Scott. to see that this project gets off to a good start. Could you let Bill and mc know when you could meet with us'? cc. Bill M, 765-4643 VAI,ERIE $COPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Memorandum To: Scott Hughes, Sr. Environmental Plant, er From: Valerie Scopaz, AICP, Town Planner l,~r'~) Re: LWRP Implementation Grant #CO06213 Date: February 3, 2003 As per Supervisor Horton's directive to me on January 31st, you are now the Project Manager for the administration of this grant in its entirety. Therefore, I am enclosing with this memorandum all pertinent paperwork. The status of this grant is as follows: 1. The draft work plan and contract have to be revised in a format agreeable to the State Department of State. (I understand that Chris Pickerel is preparing a revised work plan, which must be supplemented by a Town complement of staff and time. Any proposed use of Mark Terry's time has to be cleared by the Planning Board and myself prior to finalization of the work plan.) 2. The draft plan and contract have to be signed by the DOS and the Supervisor, Steve Ridler will be your primary contact in the administration of this grant according to DOS guidelines. He can be reached at 518/473-3942. Joanne is to be copied with all pertinent correspondence and e-mail related to this grant. John is to be copied with all timesheets, bills and contracts. And, Betty must be given the original contract for Town records. Cc~ Supervisor Joshua Y. Horton Thomas H. Wickham, Councilman and Liaison on Planning Issues Craig Richter, Councilman and Liaison on LWRP Issues Al Krupski, President, Board of Trustees Chris Smith, Director, Marine Science Div., Cornell Cooperative Extension Elizabeth Neville, Town Clerk Joanne Liquori, Confidential Secretary to Supervisor Hodon John Cushman, Chief Financial Officer Steve Ridler, Coastal Resources Specialist, NYS Department of State Wetlands Moratorium Work Plan Meeting January 22, 2003 In attendance: Supervisor Horton, Councilman Bill Moore, (Town Board Representatives) Greg Yakoboski (Town Attorney) Scott Hughes (Senior Environmental Planner) A1 Krupski, Peg Dickerson, Jim King, Ken Poliwoda (Trustees) Chris Smith, Chris Pickerall (Cornell) Meeting opened with comments from Supervisor Horton stating that the Town Board has passed a resolution to enact a one-year moratorium, and that they wanted insurance that work is going to be done in a specific time frame. A work-plan agenda was passed out highlighting the key points that needed to be addressed, along with work plan task templates for each of the key points. Scott Hughes was assigned the task of Project Manager. As the central point person for this committee, he will be the person responsible for ensuring that work is obtained in a timely manner. In addition, all correspondence and action plans must be channeled thru him. Scott will also be the conduit between the Town Board and this committee In addition, Scott and Chris Smith should have a conversation with John Cushman regarding an accounting of the billable hours and how the money/time is being spent. The Key Elements discussed were: Chapter 97 - $25,000 funding was given to this project for the reformulation of the Wetlands Legislation. Chris Pickeral will be responsible for the rewriting of this, with help from the Town Attorney with regard to the legal wording, SEQRA, etc. He will have the proposed outline/work plan for the next Town Board Meeting on February 4th. Chapter 32 - Docks and Wharves after much discussion, aspects of this chapter will most likely be folded in to Chapter 97 and will be looked into by the Town Attorney. He will identify overlays from Chapter 97 and Chapter 32, make corrections and deletions and work with Chris Pickeral on putting it into Chapter 97. Bay Moorings - Chris Smith, Jim King, Ken Poliwoda, A1 Krupski and Town Attorney will be responsible for this section. Some of the Trustees posed concerns about our authority with dealings in the bay, and if we can add in our ability to regulate in the bay? Enforcement - Peg Dickerson will take on this responsibility It was suggested that all the Trustees work with Comell in a team effort to ensure that everyone is on the same path and that the work is being done in the most efficient, timely fashion. The Town Attorney will be available to work with both Cornell and the Trustees as deemed necessary. Wetlands Law: Reformulation Goal: ^ proactive wetland management program, The following tasks are anticipated as taking place in conjunction with this project: 1. Establish a committee to work with Cornell. 2. Review existing wetland regulations and determine what changes are needed by the Trustees to assist them in their attempt to protect wetland resources in a consistent manner. 3. Conduct a systematic review of regulations used in other municipalities within Suffolk County (and elsewhere where applicable). 4. Interview officials from other municipalities to determine the pros/cons of their legislation. 5. Establish Town-wide wetland reference sites. 6. Develop wetland delineation methodology based on #5 through field work. 7. Create new buffer zone and other definitions and provide scientific justification for same. 8. Design new restoration/replanting protocols. VS/VVetlands Scopaz, Valerie To: C: )ject: Joshua Horton (E-mail) Thomas Wickham (E-mail) Project Manager Memorandum To: Joshua Y. Horton, Supervisor From: Valerie Scopaz, AICP, Town Planner Re: Project Manager for LWRP Grant: Responsibilities Date: January 13, 2003 Pursuant to your request of January 9, 2003, this memo briefly lists the responsibilities associated with managing an LWRP-related grant. Arrange kick-off meeting with the consultant to develop a more detailed work plan and timetable for delivery of specific "deliverables" with the consultant (based on the contract work plan). When there are multiple projects covered by a grant, each project may require a separate plan. The work product must further the Town's goals as per LWRP. 2. Obtain agreement of Trustees and the Town Board to work plan and schedule. 3. Arrange an appropriate billing schedule with the Accounting Department and the consultants (preferably tied to completion of specified deliverables). 4. Meet with the consultants on a regular basis throughout the project life to ensure that forward and to resolve any problems that might come up. 5. Inform Trustees and Town Board members of progress on a regular basis. Arrange meetings with consultants for updates and review of progress. Maintain time sheets for all participants in the project. (The work plan assigns tasks to specific ersonnel and these assignments must reflect the time ($) that each person is defined as contributing to this project as per the signed contract. A synopsis of the time sheets must be submitted to Albany along with request for reimbursement.) 7. Review work products and methodology as they are submitted to ensure project goals are being met and on time. 8. Review bills and recommend to Supervisor whether they should be paid. 9. Where draft legislation is the end product, arrange for timely legal assistance to prepare the draft text. Work out the details of SEQR review (if Town Attorney deems necessary). work is moving Essentially the project manager is responsible for ensuring that satisfactory work product is obtained in a timely manner. From: Sent: To: Subject: Memorandum $copaz, Valerie Thursday, January 09, 2003 4:57 PM Joshua Horton (E-mail) $150,000 contract with Comell Cooperative Extension To: Joshua Y. Horton, Supervisor From: Valerie Scopaz, Town Planner Date: January 9, 2003 Re: Administration of $150,000 contract with Comell Cooperative Extension As per our conversation eadier this afternoon, I have itemized the key problems that need to be resolved: 1. Cornell Cooperative Extension (CCE) has submitted its first bill for payment. Those bills have been left with you. 2. The Town has not established protocols for payment of bills under this contract. 3. A protocol should be drawn up so each bill provides the Town Board with a clear itemization of services and/or work product delivered. 4. A Project Manager has not been assigned the responsibility for overseeing this contract, reviewing work product and advising the Town Board on the quality of the work performed. 5. A Work Plan should approved by the Town Board. The Work Plan should specify whether billing will be monthly or tied to defined work products (deliverables). Scopaz, Valerie From: Cc: Subject: Scopaz, Valede Thursday, January 09, 2003 4:47 PM Horton, Joshua Liguori, Joanne; Thomas Wickham (E-mail) RE: Update on LWRP contract #C006213 Memorandum To: Joshua Y. Horton, Supervisor From: Valerie Scopaz, Town Planner Date: January 9, 2003 Re: LWRP Contract #C006213 At our meeting this afternoon, we reviewed my eadier memo to you on this subject. The following list itemizes the agreements and/or further steps that remain to be taken. 1. We reviewed the grant work plan that was discussed eadier today with Steve Ridler, Tom Wickham, James King and Chris Smith. The match formula appears to be acceptable to you. 2. A Project Manager needs to be assigned the responsibility for administering this grant. (Currently I am listed as the Project Manager.) 3. The revised work plan (sans information on Project Manager) will be sent to you (by me) early next week for your final review. 4. Once you sign off on the revision, Joanne Liquori would be responsible for sending the material to Steve Ridler, {~ttho should be directed to send the contract to her. Joanne will ensure that the contracts are reviewed by the Town omey's Office prior to your signature. 3. The Project Manager will be determined by you at a future date. 4. I will send you a short memo identifying the responsibilities of a Project Manager by Monday, January 13. 5. I will send you a draft agenda outlining matters that should be addressed during the kick-off meeting to ensure that lines of authority and responsibilities are made clear to all project participants. 6. A protocol should be established by the Accounting Department for all grant-related work billed to the Town by consultants under contract to the Town. The protocol should require each bill to follow a consistent format. Also, bills should accompany discrete work products (deliverables) that have been identified in the contract OR in an approved work plan. 7. Craig Richter has been assigned to be a Town Board liaison on LWRP-related matters. Tom Wickham will remain in the loop because of his past involvement with this specific project. I will keep you, Craig and Tom informed of LWRP-related matters. ..... Odginal Message- .... From: Scopaz, Valerie Sent: Thursday, 3anuary 09, 2003 1:30 PM To: Hot,on, 3oshua Cc: Thomas Wickham (E-mail); Liguod, 3oanne; Standish, Lauren; Christopher F. Smith (E-mail) Subject: Update on LWRP contract E-Mail Memorandum ..... Original Hessage- .... From: Scopaz, Valerie Sent: Thursday, .]anuary 09, 2003 1:30 PM To: Hor~on, 3oshua Cc: Thomas Wickham (E-mail}; Uguori, .]oanne; Standish, Lauren; Chdsi:opher F. Smith (E-mail) Subject: Update on LWRP contrac~ E-Mail Memorandum To: Joshua Y. Horton, Supervisor From: Valerie Scopaz, Town Planner Date: January 9, 2003 Re: LWRP Contract # C006213 The above-referenced Contract is in the amount of $50,000. The Town is in the final stages of completing a contract or work plan with the Department of State so as to obtain authorization to access this money. This morning a tentative af:lreement was reached between Chris Smith, Steve Ridler, Tom Wickharo, James King and myself regarding the contract for the $50,000 LWRP grant. Our prior work plan was rejected by Ridler as being insufficient in financial match and potentially duplicative of a separate LWRP-related work plan in the amount of $150,000. This morning I believe that all the above-noted parties agreed to a revision whereby a proper financial match will be made by both the Town and Comell, and whereby written documentation will be provided to assure the State that no duplication of efforts or monies will take place. It was agreed that Chds and I will revise the draft work plan to reflect this agreement and will be completing this by the end of this week. Once this work plan is revised, it must be sent to Ridler for inclusion into a state contract for your signature. When you sign the contract the projects listed in the work plan will be started. However, before this work plan is sent to Ridler, your review (and approval) of the details that have been worked out is needed. In addition, your review and approval is required as to whether there is sufficient internal agreement and clarity about project management and administrative record-keeping responsibilities and protocols. Timely Project Management of this particular grant is of groat importance because one of the work products (revised wetlands legislation) should be completed prior to the termination of the Trustee moratorium. Accordingly, as per our discussion today, I would like to schedule a half-hour appointment with you and Tom at your earliest opportunity to review the following items: 1. revisions to the grant's work plan 2. protocols for the management of this grant's work plan in conjunction with the work plan for the $150,000 contract that currently exists between Cornell and the Town. 3. protocols for project management, billing, internal communications and other related administrative matters that will involve coordination amongst key town departments and with a Town Board liaison. 4. the schedule and format of a kick-off meeting with Comell, the Trustees, Planning staff and other key personnel in order to get this project completed on time. I think I speak for everyone associated with this project that we are eager to begin. cc: Albert Krupski, President, Board of Trustees Christopher Smith, Director, Marine Science Program, Cornell Cooperative Extension Scopaz, Valerie From: Subject: Cushman, John Thursday, January 0g, 2003 2:50 PM Scopaz, Valede RE: $150,000 contract with Comell to implement LWRP I am not aware of any such procedure. ..... Original Message- .... Fi'em: Scopaz, Valerie Sent: 31~ursday, 3anuary 09, 2003 1:40 PM To: Cushman, .~ohn Cc: Uguori, .loanne Subject: $150,000 contract with Cornell to implemenl: LWRP John, When the Town Board signed this contract with Comell, did it direct you to set up a specific accounting procedure whereby responsibility was assigned to someone to sign off on the bills (to assure that work product was delivered)? I have to review coordination of all LWRP-related work with the Supervisor and wanted to inform myself of any and all procedures that may (or may not) have been set up for processing the bills that will be coming in. I also want to know how the bills should be formatted (and itemized) for your purposes. Valede Scopaz, Valerie From: Subject: Stephen Ridler [sridler@dos.state.ny.us] Monday, December 09, 2002 7:36 PM planning@town.southold.ny.us RE: EPF 2000 - C006213 Draft Work Plan Good - but we will need to change the task description and budget accordingly to reflect roles - assuming then that either a consultant or Cornell or pehaps best a mixture of bith will actually do the work along with some Town staff assistance? >>> "Scopaz, Valerie" <planning@town.southold.ny.us> 12/09/02 18:19 PM I think we are talking about two different things. The committee is not going to do any work. They are just overseeing the work. I did not envisage the Committee being paid or their time being a match. I did not mean to convey that. I will go back and re-read this. ..... Original Message ..... From: Stephen Ridler [mailto:SRIDLER@dos.state.ny.us] Sent: Monday, December 09, 2002 4:42 PM To: planning@town.southold.ny.us Subject: RE: EPF 2000 - C006213 Draft Work Plan No - not for $25k of reimbursement from the state. Trustees are ineligible as elected officials. I am not reimbursing staff for work that they are paid for already - I will allow this for match if it is not excessive - but this project seems better suited for a consultant "Scopaz, Valerie" <planning~town.southold.ny.us> 12/09/02 01:47PM >>> Steve, The Committee that we envisaged consisted mainly of Trustees, Building, Planning Legal and Enforcement personnel - all in-house people. Would that be satisfactory? Valerie ..... Original Message From: Stephen Ridler [mailto:SRIDLER@dos.state.ny.us] Sent: Monday, December 09, 2002 1:23 PM To: planning@town.southold.ny.us Subject: RE: EPF 2000 - C006213 Draft Work Plan In theory this would be ok. If Chris is putting in staff time we will need to know what products will be produced with that and how it relates to Southold - as he will also be the recipient of much of this money we need to make sure they do not cover the same work products. We will also need to make sure that the Cornell staff time is not funded from federal sources. Also what do you think about my comments on the wetlands legislation :ask? > "Scopaz, Valerie" <planning@town.southold.ny.us> 12/09/02 12:52PM >>> Steve, Chris a~d I have talked. If okay with you, we will put in for specific staff time as the match ..... The Town will put up $5,000 of my staff time and is will designate $45,000 in his staff time. Would this meet with objections? Valerie ..... Original Message ..... From: Stephen Ridler [mailto:SRIDLER@dos.state.ny.us] Sent: Tuesday, Deceraber 03, 2002 10:37 ~ To: Valerie. Scopaz@town.southold.ny.us Cc: cfs@cornell.edu; Nancy Niedowski; John. Cushman@town.southould.ny.us.dos.state.ny.us Subject: EPF 2000 - C006213 Draft Work Plan Valerie Here is a draft work plan incorporating the four elements that you had requested in your proposed work plan. I understand that this has been developed to avoid duplication with Cornell's current work for the Town. The way that you propose it - there is value to the work identified as $50k. As the award was for $50k and this is a 50/50 matching grant program then there needs to be another $50k of work identified or the total reimbursement to the Town on completion of work will only be $25k. the original grant application showed other work elements and also $50k in staff services towards the project. I am not prepared to accept $50k of staff time as an acceptable match unless the time is directly tied to specific deliverables, although as a rule we prefer the match to be cash - especially when the time/amount being charged is so high. AS the Town is contracting with Cornell for other LWRP related projects, I would suggest it is far cleaner and effective to identify another $50k of work products being undertaken by Cornell and paid for by the town and use this as match to the grant. The budget would be as shown with you identifying the additional tasks and products to bring this up to a total project cost of $100,000. My other concern is with the $25k that will be reimbursed to the town for the work of the committee to guide the wetland law reformulation. This is a lot to expect of a committee and seems to me a complex and technical task that would be better contracted to a specific consultant or in part to Cornell to complete. I do not think I am able to accept the expenditures on this task as proposed. If you want to continue along this route you will need to account for this time in detail in the work program and budget by identifying # of people, # of hours and ~sts. Remember that elected official do not count and any staff time appear under the wages and salaries and any consultant work by or others under the contractual services section. Give me a call when you have had a chance to think about this and talk 2 with chris and others on the direction you want to go. We hope to make the 2002 awards soon and that will add more info to the )icture .............. *Scopaz, Valerie From: Subject: Stephen Ridler [SRIDLER(~dos.state.ny.us] Monday, December 09, 2002 4:50 PM planning@town.southold.ny.us RE: EPF 2000 - C006213 Draft Work Plan / Ycur work program does not cover the work that Cornell will do as match on this grant - it shows only $50 k worth of work - a quick look shows that it is m/ssing and does not assure me that I know what the Town will be doing. I do not want to compare work plans between EPF and Cornell's final work plan (which no one has ever sent me - only an initial proposal) - I want it all in one place in our work plan. Until I see $100,000 of work I cannot make that judgement - so if you dc what I said in the first e-mail than I will be able to review this. So why are you not using the money the Town is paying Cornell and these products as match? >>> "Scopaz, Valerie" <planning@town.southold.ny.us> 12/09/02 01:44PM >>> Steve, We already know that Cornell is being funded by County $. And, Chris and I have gone to great pains to assure that there is NO DUPLICATION of any of Cornell's efforts. A quick look at our work plans should assure you of that. IF you need any more documentation to buttress that point, do ~t us ..... Original Message ..... From: Stephen Ridler [mailto:SRIDLER@dos.state.ny.us] Sent: Monday, December 09, 2002 1:23 PM To: planning@town.southold.ny.us Subject: RE: EPF 2000 - C006213 Draft Work Plan In theory this would be ok. If Chris is putting in staff time we will need to know what products will be produced with that and how it relates to Southold - as he will also be the recipient of much of this money we need to make sure they do not cover the same work products. We will also need to make sure that the Cornell staff time is not funded from federal sources. Also what do you think about my comments on the wetlands legislation task? >>> "Scopaz, >>> Steve, Valerie" <planning@town.southold.ny.us> 12/09/02 12:52PM Chris and I have talked. If okay with you, we will put in for specific taff time as the match ..... The Town will put up $5,000 of my staff and will designate $45,000 in his staff time. Would this meet with your Scopaz, Valerie From: nt: Subject: Stephen Ridler [SRIDLER~dos.state.ny.us] Monday, December 09, 2002 1:23 PM planning(~town.southold.ny.us RE: EPF 2000 - C006213 Draft Work Plan In theory this would be ok. If Chris is putting in staff time we will need to know what products will be produced with that and how it relates to Southold - as he will also be the recipient of much of this money we need to make sure they do not cover the same work products. We will also need to make sure that the Cornell staff time is not funded from federal sources. Also what do you think about my comments on the wetlands legislation task? >>~ "Scopaz, Valerie" <planning@town.southold.ny.us> 12/09/02 12:52PM >>> Steve, Chris and I have talked. If okay with you, we will put in for specific staff time as the match ..... The Town will put up $5,000 of my staff time and Chris will designate $45,000 in his staff time. Would this meet with your objections? Valerie ginal Message ..... From: Stephen Ridler [mailto:SRIDLER@dos.state.ny.us] Sent: Tuesday, December 03, 2002 10:37 AM To: Valerie. Scopaz@town.southold.ny.us Cc: cfs@cornell.edu; Nancy Niedowski; John. Cushman@town.southould.ny.us.dos.state.ny.us Subject: EPF 2000 - C006213 Draft Work Plan Valerie Here is a draft work plan incorporating the four elements that you had requested in your proposed work plan. I understand that this has been developed to avoid duplication with Cornell's current work for the Town. The way that you propose it - there is value to the work identified as ~50k. As the award was for $50k and this is a 50/50 matching grant program then there needs to be another $50k of work identified or the total reimbursement to the Town on completion of work will only be $25k. Now the original grant application showed other work elements and also showed $50k in staff services towards the project. I am not prepared to accept $50k of staff time as an acceptable match unless the time is hrectly tied to specific deliverables, although as a rule we prefer match to be cash - especially when the time/amount being charged is so high. As the Town is contracting with Cornell for other LWRP related p~ojects, I would suggest it is far cleaner and effective to identify ]other $50k of work products being undertaken by Cornell and paid for the town and use this as match to the grant. The budget would be shown with you identifying the additional tasks and products to bring this up to a total project cost of $100,000. My other concern is with the $25k that will be reimbursed to the town for the work of the committee to guide the wetland law reformulation. This is a lot to expect of a committee and seems to me a complex and technical task that would be better contracted to a specific consultant or in part to Cornell to complete. I do not think I am able to accept the expenditures on this task as proposed. If you want to continue along this route you will need to account for this time in detail in the work program and budget by identifying # of people, # of hours and costs. Remember that elected official do not count and any staff time should appear under the wages and salaries and any consultant work by Cornell or others under the contractual services section. Give me a call when you have had a chance to think about this and talk with Chris and others on the direction you want to go. We hope to make the 2002 awards soon and that will add more info to the picture .............. Steve Sco]~az, Valerie From: ~nt: Cc: Subject: Stephen Ridler [SRIDLER@dos.state.ny.us] Tuesday, December 03, 2002 11:17 AM Valerie.Scopaz(~town.southold.ny.us cfs3(~cornell.edu; Nancy Niedowski; John.Cushman(~town.southould.ny.us.dos.state.ny.us EPF 2000 - C006213 Draft Work Plan WordPerfect 6.1 South6213.doc Valerie Here is a draft work plan incorporating the four elements that you had requested in your proposed work plan. I understand that this has been developed to avoid duplication with Cornell's current work for the Town. The way that you propose it - there is value to the work identified as $50k. As the award was for $50k and this is a 50/50 matching grant program then there needs to be another $50k of work identified or the total reimbursement to the Town on completion of work will only be $25k. Now the original grant application showed other work elements and also showed $50k in staff services towards the project. I am not prepared to accept $50k of staff time as an acceptable match unless the time is directly tied to specific deliverables, although as a rule we prefer the match to be cash - especially when the time/amount being charged is so ligh. the Town is contracting with Cornell for other LWRP related p~ojects, I would suggest it is far cleaner and effective to identify another $50k of work products being undertaken by Cornell and paid for by the town and use this as match to the grant. The budget would be as shown with you identifying the additional tasks and products to bring this up to a total project cost of $100,000. My other concern is with the $25k that will be reimbursed to the town for the work of the committee to guide the wetland law reformulation. This is a lot to expect of a committee and seems to me a complex and technical task that would be better contracted to a specific consultant or iD part to Cornell to complete. I do not think I am able to accept the expenditures on this task as proposed. If you want to continue along this route you will need to account for this time in detail in the work program and budget by identifying # of people, # of hours and costs. Remember that elected official do not count and any staff time should appear under the wages and salaries and any consultant work by Cornell or others under the contractual services section. Give me a call when you have had a chance to think about this and talk with Chris and others on the direction you want to go. We hope to make the 2002 awards soon and that will add more info to the picture .............. Steve ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 Work Session SOUTHOLD TOWN BOARD SEPTEMBER 10, 2002 Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore, Councilman John M. Romanelli, Councilman Craig A. Richter, Councilman Thomas H. Wickham, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski. 9:10 am. - Chris Smith, Marine Program Director, Cornell Cooperative Extension of Suffolk County appeared before the Town Board to give an update on the Cornell grant. Mr. Smith provided the Town Board with copies of their progress report as well as copies of the original proposal. Supervisor Horton advised him that all the Town Board needs is an update of what is going on and to find out if there is anything the Town could do to help. In December 2001 Cornell Cooperative Extensive of Suffolk County Marine Program embarked on a cooperative initiative with the Town of Southold to conduct programs in support of the Town of Southold Waterfront Revitalization Initiative. The major programs within this initiative include: 1. Geographic Information System (GIS) development for a natural resources inventory. 2. Visual inventory of town creeks and (GPS) mooring location inventory. 3. Eclgrass inventory and management program development. 4. Conduct of a community based shellfish enhancement program. A. Creation of an oyster reef in Mattituck Creek. B. Creation of bay scallops spawner sanctuaries in Hallocks Bay and Hay Harbor. 5. Conduct of a watershed based water quality education program. These programs address the following policies as described in the Town of Southold Waterfront Revitalization Initiative: 1. Policy 1-14. LWRP Education. 2. Policy 1-13 GIS Update. 3. Policy 4-6 Shoreline Defense and Shoreline Inventory. 4. Policy 4- 6 Best Management Practices/Stormwater Runoff and Protecting Groundwater Quality. 5. 9-6 Bay Mooring Plan. 6. 11-6 Local Resource and Habitat Management Plans. Results to date per program component are as follows: 1. GIS - Comell staff and Town staff have met to coordinate Town and Cornell reporting requirements to interface GIS systems. Cornell staff has conducted several training programs with the planning staff that were very successful. The GIS system used by both organizations is MAPINFO and transfer of GIS information layers will be possible. All project components will be layered in the GIS system and established as working tools within the Town system. 2. Visual inventory and mooring location has been completed for the following creeks: Brushes, James, Deep Hole, Downs, West, Wickham, East, Little, Richmond, Corey, Cedar Beach. They also took a trip to Fishers Island and coordinated their efforts with the Fishers Island Harbor Committee. They expect 2/3 of the creeks to be completed this year. 3. Eelgrass inventory has been completed. A long term monitoring program is the second phase of this area. Cornell staff have conducted the following activities within this category: a. Aerial photo over flights and interpretation - with enhanced funding from the Peconic Estuary program with eelgrass locations within the Town of Southold have been identified and ground truthed as a result of an aerial photo mission. Cooperators have included the US Fish and Wildlife Service. They have just completed ground truthing aerial photo set for the Town's eelgrass beds including Long Island Sound waters. New meadows were discovered along the Sound and existing coverage was expanded both east and west of the Cross Sound Ferry Terminal. This information will be input into the GIS management system to facilitate completion of a management plan and better guide restoration efforts, b. Long-term monitoring program - A long term monitoring program of the health of eelgrass beds has been initiated. This program establishes the aerial extent of eelgrass bed location and quantifies internal bed health. Shrinkage of bed dimensions or reduction of shoots per square meter would indicate decreases of health in the eelgrass bed. c. Eelgrass culture - Eelgrass greenhouses were established through a grant. Many of the young stages of growth (crustaceans, etc.) rely on eel grass as a sort of incubator. A frame system was invented in New Hampshire that was successfully applied here in Cutchogue Harbor, Dam Pond, and Corey Creek, a sort of buoy Southold To*m Board Work Session system. Culture techniques to re-establish eelgrass are being investigated. Four techniques have been identified as promising for the Town of S outhold waters: (1) direct seeding,(Direct seeding had to be eliminated in Corey Creek because it was too muddy); (2) seed/buoy system and (3) recovery of robust shoots from storm wrack on the beach, and (4) establishing eelgrass using a frame system. Re-establishing eclgrass as a sort of sanctuary area, as an area they will serve to re-establish and re-plant. It helps mother nature kick-offthe re-establishment. Three techniques have been applied successfully. Restoration activities have included TERFS plantings (using stranded shoots) in Southold Bay (December 2001), Cutchogue Harbor, Dam Pond, and Corey Creek. Of these Town Creek shows the most promise justifying larger scale seeding using the buoy system (July 2002). Dam Pond will be seeded using broadcasting. Additional seeding sites for seed broadcast include Southold Bay, Gids Bay, Oyster Ponds (Orient) and Cutchogue Harbor (All September/October 2002). Seeds were collected (June-August) from Orient Harbor, Southold Bay (Mill Creek), Hallocks Bay and Orient Point. Most of the seeds remain in the greenhouse and will be used for the above mentioned broadcast seeding. Additional TERFS plantings will take place in December 2002 at Southold Bay (Town Creek) and possibly Dam Pond and Cutchogue Harbor. The only side that has been eliminated at this time is Corey Creek. 4. Community based shellfish enhancement - To date over 200 volunteers have donated their time to help grow shellfish for restocking Town waters. The shellfish grown by these individuals will contribute to the following 2 project components: a. Oyster reef creation in Mattituck Creek - A location to establish this reef will be decided by the shellfish advisory committee at their meeting 9/12/02. Over 200 volunteers have donated their time to assist in this project. The target quantity of oysters to place on this reef is 250,000. This will be accomplished by placing the returned shellfish from the SPAT program on this reef as well as to place oysters cultured by the Cedar Beach hatchery and nursery on this reef. The planting of' this shell stock will occur in September or early October 2002. b. Bay scallop spawner sanctuary - the goal of this program is to place 75,000 scallops in Hallocks Bay and 75,000 in Hay Harbor. To date 48,000 scallops ready to spawn have been placed in each location and spawned this past June. 5. Watershed based water quality education - The goal of this component is to select a watershed within Southold Town and conduct water quality education programs for it's residents. The stormwater runoff committee recently established by the Town will be selecting the watershed to address. Comell staff has been meeting to discuss the program, which will include: flyers, presentations to homeowner's associations/civic groups, service organizations, articles in papers, and video education program development. Mr. Smith said that this is briefly a summarization of what they have accomplished and they are on target to complete it within 2 years. Supervisor Horton complimented their accomplishments within the last 6 months and asked if there is any missing component or resources that are lacking that are needed to complete this, they should let the Town know. The Town Board advised Mr. Smith that there are two (2) bond acts to be announced in October which will hopefully provide additional funding. $150,000. + $100,000. (stormwater), a portion of this was able to be used to apply for another grant. Councilman Wickham questioned whether a significant amount of the money is for salaries for Comell. Mr. Smith replied yes that a good chunk of their salaries are in there, plus town employees. Councilman Romanelli asked about the time frame for the GIS. Mr. Smith replied 12/14/03 they will be creating the layers and phasing them in gradually. Councilman Wickham pointed out that there has been a physical moving of sand in the Goldsmith Inlet area and asked Mr. Smith if he or any of his staff have any ideas and recommendations on how to proceed there with erosion control mitigation. Mr. Smith suggested the services of coastal geologists to look into this matter. He expressed his opinion that he sees sand as a manageable natural resource. He suggested exploring the concept of removing portions of sand and allowing portions of the sand to move and establishing a management utility. Supervisor Horton explained that what Mr. Smith is referring to is having coastal engineers to modeling studies and take all of the available information and then decide what to do. 9:38 a.m. Town Planner Valerie Scopaz - Supervisor Horton informed Ms. Scopaz that the Town Board had him invite her in because they had some specific questions on the SEEDS program and her role in it. Specifically, what was her role prior to the retirement of Suzanne Donovan and what role she is playing now. Ms. Scopaz gave the background on the formation of SEEDS in 1996 as a research arm of the East End Transportation Committee developed by the East End Supervisors. At that time there was a situation with the LIRR and the 5 east end towns thought that they would have more clout if they approached it together. They were meeting on a monthly basis. In 1998 the need for dialogue with NIMTECH became evident in order to funnel federal monies back into the committee. It was pretty evident that the amount of money coming out to the east end was "O". NIMTEC came back and said we are hearing what you are saying and realize that not enough has come back. At that time about $1.5 million dollars was offered to the east end towns if they would put up their match in staff and in-kind services. The Town agreed. At this point Ms. Scopaz said that they are about 3A of the way through that process and Southold To~m Board Work Session its' primary purpose is to facilitate a broader understanding of what is going on and try to explain how transportation interlocks all aspects of the economy. Ms. Scopazs' role in this is that she continues to run the monthly meetings or rather oversees them. The cormmittee is made up of representatives from all of the Five East End Towns. The EETC is the Steering Committee that connects with the SEEDS. Councilman Wickham asked who the consultant is. Alle, King, Rosen, & Fleming are the consultants. Ms. Scopaz said that they are basically the connecting rod of information going out to the public, the public outreach arm. The steering committee is really there basically to make sure that they are doing what they are supposed to be doing. Supervisor Horton expressed the Board's concerns that with ail that is going on in the town with the moratorium, etc. they want to maximize the town planners time for all of these projects. The East End Supervisor Association is currently reviewing resumes to replace Suzanne Donovan. Ms. Scopaz said that Ms. Donovan was hired as a facilitator, mediator to gather information and bring the feedback back to EESA. Ms. Scopaz said that she specifically chaired this meeting to make sure that we get things done in 2 years. Ms. Scopaz said that it is less than 4% of her time and it will be even less than that in the future because of the addition of Barbara Rudder to her staff. There are only 8 months left in this program and Victor L'Epplatenier has been delegated to work with the Transportation Committee. Councilman Wickham stated that the $800,000. grant was primarily to engage the services of the consultant and set-up the public outreach. The Towns all kick-in for the salary of Suzanne Donovan to be a liaison between the Towns and the consultant. Councilman Wickham said that he is a strong believer and supports the whole area, but he doesn't sense a core of workers around particularly difficult proposais. It is still only in a broad general framework or is it getting specific in any way? Ms. Scopaz said that the idea was to get it on the table and decide what are the solutions. They took some of the data and put into a matrix and tried to come up with a way of modeling it. The LIT 2000 Plan is a data collection of modeling studies on the North Fork of updated traffic patterns and the ways it has increased. Ms. Scopaz will put copies of the "Proposed Draft Scenario" .in everyone's boxes. Justice Evans questioned how her time spent fits in with the time the Southold Town Transportation interacts with SEEDS. Ms. Scopaz explained that the Transportation Committee was formed in 1994 to try to resolve the local town problems. Councilman Moore asked that if4% of her time is spent on transportation does that include her time spent with local transportation issues? Ms. Scopaz replied that she has already delegated that to Victor L'Eppatenier. Councilman Romanelli told Ms. Scopaz that the reason for all of their questions is because they have put a moratorium in place and all efforts should be put towards working on it. She is expected to delegate ail other matters out as much as she possibly can and focus on the issues relating to the moratorium. In concluding Mr. Scopaz said that she feels that the 3 ½ hours that she spends chairing the meeting each month is well spend because it provides leveraging for the town to make sure that we are getting what we are entitled to. Neboysha Brashich, the Chairman of the Southold Town Transportation Committee is also a part of these meetings. Councilman Wickham said that they need to keep things under control and Ms. Scopaz's time is very important in our town. He is of the opinion that her time spent on the transportation issues are very important and should be maintained. 10:05 The Town Board recessed for a short break at this time. 10:15 a.m. Merle Levine, Ruth Oliva, and Carolyn Peabody (legal committee) of the Anti- Bias Task Force appeared before the Town Board to give un update. Supervisor Horton expressed to them that he just would like them to take a few moments to expound on their objectives and criteria and where they are to date and where they are going in the future. Ruth Oliva said that they have developed a protocol form for complaints which is working very well. Merle Levine spoke on their work on the education committee. She feels that they have been very successful on their outreach into the schools. They have hosted some good educational programs on Safety In Schools. They just had a good meeting with Dr. Gailagher of Southold School. The play "Harriet Tubman" was put on by the Cutchogue East School. Ms. Levine remarked that Ann Smith, a teacher there did a wonderful job with it and was not prejudicial to anything. Ms. Levine said that it seemed to take forever to build relationships with the schools and she can understand that as a former teacher. The beginning work was with the Greenport School pfincipai. A essay contest was sponsored and Greenport teacher Barbara Claps was very pleased with the essay awards from the town that were given out. It really seemed to solidify their progress with the schools. Mr. Westgate, a teacher in Southold school decided that they should have an interfaith panel and invited all of the pastors of the various churches to participate in this session which went very well. Supervisor Horton asked her to outline some of the things they will be working on from now until December. Two distinct things: In honor of Frank LePre, they will be distributing diversity materials to elementary levels, and the placing of workshops for the elementary teachers to come together to talk about the establishment of resource centers in each of the district's elementary schools to contain books on diversity Southold Torn Board ~ork Session appropriate for students at all levels, from which teachers can develop their own programs and lesson plans. These centers will be dedicated to Frank LePre who lived a life as an advocate for children of all races, creeds, and nations and whose image is of a gentle man sitting and reading to a child. Attendance at the Touro Law School conference on diversity and prejudice which is a tremendous resource for materials for teaching. In addition, Ms. Levine responded that they will continue to participate in ail school programs that they are invited to. The schools put on the programs and the Anti-Bias Task Force publicizes them and spreads the word. Its' ail about children learning about diversity and learning to accept one another. Ruth Oliva informed that she recently spoke with a gentleman who ran a great program at Hecksher State Park a social interaction program between all of the high school youth at a pavilion at the state park. She is hopeful that perhaps they could do the same thing at the Orient State Park pavilion for the Mattituck-Cutchogue, Southold, and Greenport students. Not a sporting event, but something that they could to together to interact to share in. Perhaps a dance or something to try to get the youth from the various towns to know one another. Carolyn Peabody advised that Cindy Smith contacted the gentleman from Hecksher State Park, Lou Rafone to try to find about this event that was held there and perhaps he might have a useful model to use here in Southold Town. The Committee also sponsored the "Resource Book" in Spanish and English of where to go and what to do. Ms. Peabody reported on the legal committee chaired by Cindy Smith. The purpose of this committee is to assure that everything that goes on in the community is bias free. They have met with Chief of Police Cochran and the schools on issues to deal with safety and security. There is a meeting set-up in Greenport high school to have a questions and answer session with police officers. The committee has also produced cards with English on one side and Spanish on the other of what to do if you are stopped by the police. In western culture, it is assumed that anyone who doesn't make eye contact has something to hide. However, many other cultures and races are taught not to make eye contact. Sister Margaret is working with the people and the committee on this. Supervisor Horton remarked that a number of forums have taken place in Greenport and he is hopeful that more will be done at Southold and Mattituck schools with social interaction. Ms. Levine reported that the Martin Luther King celebration has historically been put on by four persons in the Anti-Bias Task Force. This year they decided that the churches should take it over. However, no one from the churches has stepped forward, so there will not be a program this year. Supervisor Horton said that he would like to talk to them before they make this decision not to have the event. Ms. Levine advised that they also revised the Stop Bias Brochure to simplify it and more fully explain the role of the Anti-Bias Task Force. It is hoped to distribute it more widely in the future. The Town Board expressed their gratitude to the Aniti- Bias Task Fome Committee for the work they have done. Councilman Wickham voiced his view of mixing people so there are not split groups is a good thing in his opinion and offered that there might be steps that they could take to promote this. Ms. Levine stated that the Town Board's handling of the Church Lane issue will send a message to the people of color because it is the first time that a black person every stood up and spoke openly in this town. Ruth Oliva mentioned that they are pleased about the appointment of Val Shelby to the Affordable Housing Committee. Justice Louisa Evans questioned the media reporting. The committee said that they will be approaching the media regarding the accuracy of their reporting because information is often inaccurately reported. In concluding, Supervisor Horton asked if the committee would just give the Town Board a memo, a quick review from time to time of what they are working on. 10:50 a.m. Neboysha Brashich, Chairman of the Transportation Committee. Supervisor Horton had sent a memo to Chairman Brashich advising that a $400,000. grant needs to be tapped into and laid out. Mr. Basich said that he thought he had already answered this question in his September 9th letter to the Supervisor. Chairman Brashich's reply was that the $400,000 grant expires on June 30, 2003. These funds were allocated essentiaily for the resurfacing of Soundview Avenue (bike trail), the construction of east/west and north/south trails in Moore's Woods and the construction of a Wine Trail (along the LIRR right-of-way fi.om the Mattituck High School to Depot Lane). The previous Superintendent of Highways used other state funds to complete the Soundview Avenue project because he could not come up with a 20% match. Greenport Village decided not to go ahead with the Moore's Woods trails and LIRR has been objecting repeatedly to any trail along their right-of-way for safety issue reasons. Another item that was to be accomplished was the re-routing of Queens Lane, Greenport southerly and easterly to the blinking light. The grant can not be used without major programmatic revisions to the Agreement and the Commission presently does not have any manpower to effect the same. Mr. Brashich stated that he and Margaret Brown spend three (3) months writing the original proposal. Now, the total grant package will have to be re- formulated. He said that they have revisited this many times and would like to change the package, but need the manpower to do so. Supervisor Hortun asked him for the accomplishments of this committee for 2002. Mr. Brashich replied the North Fork Traffic Study; The North Fork Scenic Byways Trail program; Mapping and signage for the Seaview Trails of Southold Town Board Work Session -5- the North Fork; and the Suffolk County Executive/Legislative Transportation Task Force Report. In addition they are currently working on the following projects: Gateway Bridge (NYS25) Greenport immediately before Penny Lumber reconstruction, they expect to be reviewing the plans with the NYS DOT in the near future. LIRR Bridge reconstruction at Bridge Lane, Cutchogue; resurfacing of CR 48 and NYS 25; Cox Lane and County Road 48 reconstruction; Greenport-Southold Chamber of Commerce Information Booth a drainage project with two ponds with a bridge to capture the road mn-off. They hope to start in the Spring. The NYS DOT has broken it out of the entire project to facilitate the project. Right now it is a big mosquito breeding ground. Orient Causeway, under grounding the LIPA wires to be financed in part through the scenic byways and the Greenport-Southold Downtown Project. LIPA buried the wires underground on the south fork, why can't they do it on the north fork? Various traffic and speed signs around town. Supervisor Horton cited several requests that he would like the Transportation Committee to address: (1) Marking of cross walks to ensure safety on our roads; people park in the no parking areas and block the view of oncoming traffic to the pedestrians; (2) traffic congestion and the threat of even worse congestion, Cross Sound Ferry traffic; and safety at LIRR crossings. Supervisor Horton asked what the Town Board can do and what the Traffic Commission can to do make some progress in these areas? 11:15 a.m. SEEDS Discussion. IV. 2. The SEEDS initiative was to produce an unbiased study to provide ideas of how traffic can be dealt with on the North and South Forks. The State of New York contributed $800,000 to the study, and each of the five east end towns contributed $8,500. Supervisor Horton has been working with Shelter Island Supervisor Williams. East Hampton entered into this based on the premise that an alternate ferry site would not be located within their township. They amended their town code several years ago to outlaw vehicles ferries in their township. Supervisor Horton strongly objects to this and to Southold Town's participation in the SEEDS effort because of it. The Supervisor stated that a deep water port owned by the State of New York at the "Promise Land" at Napeagne is located in the Town of East Hampton and would be the most logical alternate ferry site for the south fork. According to Cross Sound Ferry a third of the cars using the Orient Point Ferry come fi.om the south fork and they have been trying for years to locate a south fork route. Town Planner Valerie Scopaz confirmed that the consultant is to produce two separate traffic pattern computer modeling patterns. The first will be a generic study of the impacts of a new ferry service to somewhere on the south fork, with no specified location. However, when a more detailed modeling on other potential ferry sites, such as the Wading River site, the East Hampton option will not be factored in. Supervisor Horton declared that this is totally unacceptable to him and damaging to the credibility of the SEEDS Initiative. He expressed his support for the concept of the project and said that he is willing to look outside of the box to solve these problems. After much discussion, the Town Board decided that the first step would be to sit down with our state representatives Kenneth LaValle & Patricia Acampora. 12:04 p.n~ IV. For Discussion Items. IV. 1. - Moratorium Working Group Guidelines. Councilman Romanelli stressed that the two key questions: Where are we going and what are we doing? must be answered soon. The town's moratorium working group Town Attorney Gregory Yakaboski, Town Planner Valerie Scopaz, and Land Preservation Department Head Melissa Spiro have been meeting on a weekly basis with consultants Patrick Cleary, Esq., Lisa Kombrick, and Chick Voohris. The terms to comply with to ensure that things are done properly are being discussed. Phasing things in to that no one thing damages anything that might be done later one in the process is of great concern. The Planning & Zoning Committee is the working liaison to this moratorium group. The next step will be to talk to Greg, Valerie, and Melissa to make sure that they are heading in the right direction. The Planning & Zoning Committee will be one week from tomorrow. The questions from the Town Board will be brought forth for them to work on and put on the agenda. IV. 8. LWRP Grant Status Report. Councilman Wickham pointed out that there are things In the LWRP that don't necessarily have to be codified at this point in order to get it to the state. He was not exactly sure where they are at this point, but know that substantial work is being done. He will have a status report at the next meeting. Everything possible is being done to move it along expeditiously to get it to the state. Councilman Romanelli agreed that the legislative and code changes can be made along with the moratorium, the legislation, and the planning efforts. The important thing is to finish the LWRP as soon as possible and get it to the Department of State as soon as possible for their review. Bill Sharp and the Department of State agreed that the basic report could be put to bed maybe after one more review meeting held with the Town Board, then it could be sent up to the state for review. Councilman Romanelli asked the question "does the work on the LWRP deflect us fi.om the moratorium? Or does it actually tie into it? Councilman Wickham promised to give a clear- cut response to this question at the next Town Board meeting. Councilman Romanelli discussed RID in conjunction with up-zoning. Supervisor Horton asked a specific question concerning Southold Torn Board Work Session -6- inclusionary zoning which would mandate a particular pementage of any subdivision be put aside as affordable. Councilman Wickham said that the subdivision code is being revised. There are many questions regarding the legal vs. planning perspectives of the subdivision code. He said he tbink.q that five (5) is the fight number and he is not all that opposed to up zoning. The Town Board as a whole has not yet heard the pros and cons surround'rog the issue. The moratorium will give them an opportunity to make some informed decisions. The Town Board decided at this point it is time to call in the three town working group members to have a discussion on up- zoning. Councilman Wickham said that the fanning community came to the Blue Ribbon Committee to protect themselves. The preservation goal is 80% of unprotected land currently in the Town's agricultural inventory. Councilman Wickham suggested sett'mg up a monitoring system. Justice Evans thought that if they waited to do that, everytlfing will be lost. Councilman Wickham stated that the progress of preservation has never been better and the pressure of developers have never been stronger. Councilman Richter suggested using the up zoning and all of the tools we can get. Lisa Bombrick will be directed to formulate the terms of the RID. The working group must draft the up zoning and the exit strategy for the Town Board's review. Councilman Romanelli stated that he just wanted to make it clear that the Town Board will not put the 5 acre zoning on the table for a vote without the RID. The Town Board agreed to this. The working group will be asked to consider the up zoning proposal. They will also be asked to identify and define the deficiencies in the town code. 12:50 -1:00 p.m. The Town Board recessed for a short break. 1:00 p.m. For Discussion Items were discussed. IV. 6. Resolutions re: Lighthouses of Southold Town. Merlon Wiggin, President of East End Lighthouses, Inc. s~nt two proposed resolutions for the Town Board to consider. They are look'rog for support in case the Coast Guard decides to divest themselves of the Little Gull and Race Rock Lighthouses. They feel that they would be qualified and that they have the qualified marine technicians to provide service to handle them. Mr. Wiggin is very interested in historic east end lighthouses. They drafted several resolutions and are basically asking for the stewardship of these lighthouses should they become available. The Town Board decided that these resolutions will be re-drafted by the Town Attorney and placed on the agenda for the next meeting. IV. 5. Foil Appeal by Jody Adams. The Town Board denied this appeal (See Resolution No. 605). On Motion by Justice Louisa P. Evans, seconded by Councilman Craig A. Richter, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 1:17 p.m.for the purpose of discussing litigation and property acquisition with Frank Isler~ Esq. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was ADOPTED. On motion by Councilman John M. Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this executive session at 2:25 p.m. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was ADOPTED. Resolution numbers 602 and 603 were placed on the agenda as a result of the foregoing executive session. 2:25 p.m The Town Board discussed For Discussion item IV. 4. Church Lane Neighborhood The Town Board discussed 5.0 Conclusion on page 11 of the Nelson, Pope, & Voohris Draft Report. This report conflicted with the recommendation of the Town Planning Board which states that the current zoning is an appropriate zone given the Town of Southold's goals of protecting public health, safety, and welfare, of consolidating industrial uses around the municipal solid waste facility and maintaining CR 48 Corridor as a bypass. Town Board members, with the exception of Supervisor Horton, did not support the re-zoning back to R-40 and were not prepared to move ahead at this time. On motion by Justice Louisa P. Evans, seconded by Councilman Thomas Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at 2:50 p.m. for the purpose of discussing personnel and contracts. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. PROGRESS REPORT TO THE TOWN OF SOUTHOLD ON THE SOUTHOLD TOWN WATERFRONT REVITALIZATION INITIATIVE COVERING ACTIVITIES FROM 12-15-01 TO 8-15-02 Project Period 12-15-01 to 12-15-03 Submitted by: Christopher F. Smith Marine Program Director Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue Riverhead, New York 11901 9-10-02 Background In December 2001, Cornell Cooperative Extension of Suffolk County Marine Program embarked on a cooperative initiative with the To~vn of Southold to conduct programs in support of the Town of Southold Waterfront Revitalization Initiative (see attached proposal). The major programs within this initiative include: 1. Geographic Information System (GIS) development fbr a natural resources inventory, 2. Visual inventory of town creeks and (GPS) mooring location inventory, 3. Eelgrass inventory and management program development, 4. Conduct of a community based shellfish enhancement program a. Creation of an oyster reef in Mattituck Creek b. Creation of bay scallop spawner sanctuaries in Hallocks Bay and Hay Harbor, 5. Conduct of a watershed based water quality education program. These programs address the follo~ving policies as described in the Town of Southold Waterfront Revitalization Initiative: 1. Policy 1-14. LWRP Education 2. Policy 1-13 GIS Update 3. Policy 4-6 Shoreline Defense and Shoreline Inventory 4. Policy 4-6 Best Management Practices/Stormwater Runoff and Protecting Groundwater Quality 5. 9-6 Bay Mooring Plan 6. 11-6 Local Resource and Habitat Management Plans Results to 1. date per program component follow: GIS - Cornell staff and Town staff have met to coordinate Town and Comell reporting requirements to interface GIS systems. Cornell staff has conducted training sessions for Town staff. The GIS system used by both organization~ id MAPINFO and transfer of GIS informational layers will be possible. All project components ~vill be layered in the GIS system and established as working tools within the Town system. Visual inventory and mooring location inventory has been completed for the following creeks: Brushs, James, Deep Hole, Downs, West, Wickham, East, Little, Richmond, Corey, Cedar Beach. Eelgrass inventory - Cornell staff have conducted the following activities within this category: a. Aerial photo over flights and interpretation - with enhanced funding from the Peconic Estuary Program the eelgrass locations within the Town of Southold have been identified and groundtruthed as a result of an aerial photo mission. Cooperators have included the US Fish and Wildlife Service. We have just completed ground truthing aerial photo set for the Town's eelgrass beds including Long Island Sound waters. New meadows were discovered along the Sound and existing coverage ,,vas expanded both east and west of the Cross Sound Ferry terminal. This information will be input into the GIS management system to facilitate completion ora management plan and better guide restoration efforts. b. Long-term monitoring program A long-term monitoring program of the health of eelgrass beds has been initiated. This program establishes the aerial extent of eelgrass bed location and quantifies internal bed health. Shrinkage of bed dimensions or reduction of shoots per square meter ~vould indicate decreases o f health in the eelgrass bed. c. Eelgrass culture - Culture techniques to reestablish eelgrass are being investigated. Four techniques have been identified as promising for the Town of Southold waters: 1) direct seeding, 2) seed/buoy system and 3) recovery of robust shoots from storm wrack on the beach, and 4) establishing eelgrass using a frame system. Three techniques have been applied successfully. Restoration activities have included TERFS plantings (using stranded shoots) in Southold Bay (December 2001), Cutchogue Harbor, Dam Pond and Corey Creek. Of these Town Creek shows the most promise justifying larger scale seeding using the buoy system (July 2002). Dam pond will be seeded using broadcasting. Additional seeding sites for seed broadcast include Southold Bay, Gids Bay, Oyster Ponds (Orient) and Cutchogue Harbor (All September/October 2002). Seeds were collected (June-August) frmn Orient Harbor, Southold Bay (Mill Creek), Hallocks Bay and Orient Point. Most of the seeds remain in the green house and will be used for the above-mentioned broadcast seeding. Additional TERFS plantings will take place in December 2002 at Southold Bay (Town Creek) and possibly Dam Pond and Cutchogue Harbor. The only site that has been eliminated at this time is Corey Creek. Community based shellfish enhancement - To date over 200 volunteers have donated their time to help grow shellfish for restocking Town waters. The shellfish grown by these individuals will contribute to the following 2 project components: a. Oyster reef creation in Mattituck Creek A location to establish this reef will be decided by the shellfish advisory committee at their meeting 9-12-02. The target quantity of oysters to place on this reef is 250,000. This will be accomplished by placing the returned shellfish from the SPAT program on this reef as well as to place oysters cultured by the Cedar Beach hatchery and nursery on this reef. The planting of this shell stock will occur in September or early October 2002. Bay scallop spawner sanctuary -The goal of this program is to place 75,000 scallops in Hallocks Bay and 75,000 in Hay Harbor. To date 48,000 scallops ready to spawn have been placed in each location and spawned this past June. 5. Watershed based water quality education - The goal of this component is to select a watershed within Southold Town and conduct water quality education programs for it's residents. The stormwater runoff committee recently established by the Town will be selecting the watershed to address. Cornell staff has been meeting to discuss the program, which will include: flyers, presentations to homeowner's associations/civic groups/service organizations, articles in papers, and video education program development. EXHIBIT A Southold Town Waterfront Revitalization Initiative A Proposal to the Southold Town Board Submitted by Cornell Cooperative Extension of Suffolk County Marine Program 246 Griffing Ave Riverhead, New York 11901 12-4-2001 Introduction This project proposes to conduct a two-year, tbur-phase effort to address needs outlined in the Town of Southold Waterfront Revitalization Program (LWRP). This initiative would contribute towards achieving the goals of the following policies as outlined in the LWRP document: 1. Policy 1-14. LWRP Education 2. Policy 1-13 GIS Update 3. Policy 4-6 Shoreline Defense and Shoreline Inventory 4. Policy 4-6 Best Management Practices/Stormwater Runoff and Protecting Groundwater Quality 5. 9-6 Bay Mooring Plan 6. I 1-6 Local Resource and Habitat Management Plans Phase 1. Southold Waterfront Revitalization Project GIS Component Geographic Information System (GIS) technology is a valuable analytical tool increasingly used for resource management, development planning and scientific investigations. Essentially, GIS is a computer-based system capable of assembling, storing, manipulating and presenting geographically referenced information. Geographic data is any information that can be identified according to physical location. From a municipal perspective, a GIS can link data sets together by common locational data which helps different departments (Trustees, planning boards, zoning boards etc.) share information. Any variable that is capable of being located spatially can be inserted into the GIS database. Therefore, the only limit to how comprehensive a resource database can be is the amount of time and effort put into developing and updating the system. The Town of Southold has initiated the development of a GIS through State grants. However, as described in the Local Waterfront Revitalization Plan (LWRP), the Town requires assistance in continuing to create a Natural Resources Inventory and Database (NRID). The NRID is an essential first step for implementing other resource management goals of the LWRP. Currently, the Town GIS contains information on tax boundaries, land use, zoning districts, development rights and the 2% land bank for Southold. We propose to build on the Town's existing database by overlaying information specifically called for in the LWRP, such as inventory layers of natural resources and shoreline structures within the Town. All information will be stored in a format in which the Town is already capable of cataloging and manipulating, specifically the Maplnfo GIS software. Our proposed GIS database will be composed of information extracted from three project components: 1) Southold Town Creeks visual inventory 2) eelgrass management and restoration efforts and 3) shellfish management and restoration efforts. Implementing these components not only confers the advantages of perlbrming valuable restoration efforts, but in also providing essential data needed to fulfill one of the first priorities of the LWRP; creating a resource inventory database fbr the Toxvn. The following describes the geographically referenced data, which will be obtained lbr each component. Southold Town creeks visual inventory -Inventory of shoreline structures along Tou,n creeks. Photos of existing structures (e.g. houses and docks) will be extracted from the produced videos and linked to their corresponding tax map lot. Selecting any creek-front parcel will provide information such as acreage and will call up digital photographs. -Database of shoreline de]knse structures. All shoreline-hardening structures (e.g. bulkheads) will be mapped and linked to descriptive information such as size, length, etc. -Mooringfield inventory. All mooring fields in Southold will be mapped and linked to digital and aerial photographs. -Navigational channel mapping. Previously and currently maintained channels will be mapped and linked to aerial photographs. Eelgrass Management and Restoration -Historical eelgrass bed distribution. Locations of historical beds ofeelgrass throughout Southold will be mapped and linked to descriptive data such as density, health, etc. -Existing eelgraxs bed distribution: Current locations of eelgrass beds will be mapped and linked to digital (underwater) and aerial photographs. -Long-term eelgrass monitoring stations. Cornell Cooperative Extension eelgrass monitoring stations will be mapped and linked to data such as digital photographs (underwater) and monitoring findings. -Previous and ongoing eelgrass restoration effbrts. Cornell led restoration efforts will be mapped and linked to digital photographs and restoration outcomes/ findings. -Sites highly suitable for eelgrass transplanting. A map of sites determined to be highly suitable for restoration activities will be created. The ability to produce such a map xvill be dependent on obtaining funding from additional sources to carry out the necessary multivariate modeling. Shellfish Management and Restoration -Cornell Cooperative Extension/Town o/ Scmthold seeding gffbrts. Map representing locations where seeding (clams, oysters and bay scallops) has occurred in 2001-2002 will be produced. The map will be linked to data such as quantity of seed and time of dispersal. -Proposed shellfish restoration effbrts. A map will be produced depicting the proposed efforts: scallop spawner sanctuary and oyster reet~ These areas will be linked to digital photographs and project summary documents. -SPAT project activity. The locations of all SPAT operations within the Town will be mapped. -"Community garden". The location of the community garden will be mapped and will be linked to digital photographs and description of program. -Shellfish closure areas. A map with year-round, seasonal and conditional shellfish closure areas will be produced. The final product will be a database geographically locating, describing, and depicting both natural and structural resources on a Town-wide basis. GIS technology brings the ability to develop a comprehensive inventory of natural resources and structures; using various mediums such as maps, digital photographs, aerial photographs, word processor and spreadsheet documents. Such a database should be considered to be a tremendous asset, either as a stand-alone source of intbrmation or to be expanded upon to include even more town resources at any time in the future. A detailed inventory of Southold resources will greatly aid in their management and protection. Visual Inventory of Southold Town Creeks As a part of the GIS component for the Southold Town Waterfront Revitalization Project, the visual inventory of the town's creeks would be executed with the use of digital technology. Digital video will be used to handle three parts of the GIS documentation; first the digital format can be linked to the GIS database via standard computer files such as mpegs (video) and j pegs (still photo). Second, video of each creek can be stored and viewed on CD's, DVD disks or standard videotapes to be viewed at a later date. Third, still images can be extracted from the video to highlight specific areas of interest such as shoreline hardening, existing structures and wetland vegetation. The equipment to be used will be Sony's VXl000 digital video camera and Sony's PC 100 digital video camera. The computer program to edit and extract the still images is Canopus Corporation's DV Rex-edit RT. In order to document the town's creeks, a list of all the creeks would be made and categorized into size. A powerboat would be used to travel into the creeks, a set course and distance from the shore will be followed for one pass and then a second pass to document specific aspects of the creek (shoreline hardening, existing structures and wetland vegetation). The videotape would be taken back to the lab and edited with graphics as to what creek it is and other descriptive infbrmation about the creek. Next, working with the GIS technician to determine what still images are needed; those still images would then be extracted and used in the GIS program. Phase 2. Southold Town Eelgrass Management and Restoration Project Project Need Management of natural resources and conservation of valuable habitats are important goals in any revitalization plan. For this reason, the Town of Southold identified the development of "Local Resource and Habitat Management Plans" in their Local Waterfront Revitalization Plan (LWRP). However, when a resource/habitat has been severely impacted upon, management and conservation eflbrts may need to be complemented with active restoration actions. One such habitat, which has declined in local waters, is the eelgrass. Eelgrass (Zostera marim~ L.) is a submersed aquatic plant that is a critically important to the ecology of shallow coastal waters. Eelgrass typically forms dense meadows that have been likened to coral reefs in temperate waters. In a recent review, Short and Wyllie-Echeverria (1996) point to an alarming trend for the seagrass biome worldwide. Data, gathered from global sources, indicates that loss of seagrass cover is on the rise when compared to losses reported from 1970-82. Although losses are reported from several regions, hot spots are coincident with industrial centers and urban areas (Short and Wyllie-Echeverria, 1996). It is clear that seagrass loss will decrease the productivity of nearshore systems (e.g. Thayer et al. 1984; Phillips, 1984; Zieman and Zieman, 1989; Larkum et al., 1989; Wyllie-Echeverria et al., 1994). In response, several U.S. coastal states have implemented or are designing policies to protect current resources and restore appropriate sites (Batuik et al., 1992; Wyllie- Echeverria et al., 1995). Eelgrass populations in Long Island embayments have waxed and waned in the last century. Although we lack quantitative data, anecdotal reports indicate that distribution patterns were quite robust in the decade prior to 1931 (Smith, 1946). Interviews with local baymen and long-time residents suggest that all of Southold Town's creeks contained eelgrass beds at one time. Populations began to de61ine in 1928 with drastic reductions apparent by 1931 during the height of the wasting disease epidemic (Cottom, 1933). Recovery began in the early 1940s (Cottom and Munro, 1954), although the populations never reached the levels prior to the wasting disease. From 1969 to the present, aerial photographs and interviews were used to create time-series distribution maps of several sites for 1969, 1984 (sometimes I980) and I994 (Cashin Associates, 1996). Analytical analysis of these maps led to the assertion that eelgrass distribution has been on a continuous decline in the Peconic Bay Estuary, including Southold Town waters. This decline can be attributed to periods of poor water quality, channel dredging and the blooms of brown tide (Aureococcus anophag¢f/?enx) in the mid-1980s and early- 1990s. The combined pressure of all of these factors has taken its toll on the eelgrass populations in Southold Town, and throughout the Peconic Estuary. This population decline is disturbing when the value of eelgrass to coastal waters is considered. Eelgrass meadows are an important habitat for many species of fish, crustaceans, and mollusks. In the Peconic Estuary, the growth and survival of eelgrass is intimately related to the success of the Atlantic bay scallop (Argopecten irradians). In addition, numerous other species, including recreationally and commercially important finfish and shellfish (e.g. Winter and Summer Flounder, Northern Quahog and Blue Crab), rely on eelgrass meadows during some part of their life cycle. Declines in the commercial landings of these species have coincided with the loss of eelgrass habitat. Eelgrass has been found to be a resource for watertbwl as well. Brant and Canada Geese are known to graze on eelgrass during the late spring early summer, when the plants are in seed. Eelgrass productivity has also been tied to the energy dynamics of deeper water detrital food webs. The presence ofeelgrass in near-shore waters may also have an impact on tidal marshlands and beach/dune communities. Eelgrass beds act as natural baffles, reducing current velocity and wave force, thereby minimizing erosion and protecting these systems. The Peconic Estuary has been characterized as a priority site in the National Estuary Program and is the focus of our restoration eflbrts. Monitoring and management of existing eelgrass has been identified in the Comprehensive Conservation and Management Plan for the Peconic Estuary Program. In addition, eelgrass restoration has been identified as a priority in the Restoration Plan fbr the Peconic Estuary. In recent years, concern regarding water quality has prompted several local townships to invest heavily in storm-water mitigation efforts. The overall water quality of the estuary is at the highest it has been in decades as a result of these and other projects. Brown tide has been an infrequent visitor to the local waters since the early 1990s, with the few blooms being isolated to small embayments and creeks. Yet, despite these improvements, there remains a lack of eelgrass re-colonization to areas that are known to have once contained lush eelgrass meadows. One hypothesis suggests that water quality is not inhibiting the re-establishment of eelgrass, but rather it is the lack of propagules in these areas that is preventing natural restoration. Most areas, identified as having a historic eelgrass presence, are effectively isolated from existing eelgrass beds by distance, as eelgrass seeds generally disperse close to their paternal plants. If this hypothesis proves viable, then natural replenishment of eelgrass populations in "isolated" areas of the estuary may take decades. To this end, restoration projects are needed to establish eetgrass to the now vacant areas of its historical range. Southold Town has already entered into a commitment to conserve and restore the health of its waters. Stormwater mitigation projects have been completed reducing road runoff into Town creeks. The Town of Southold has also taken steps to restore vital habitats that have been lost due to natural and anthropogenic events. In an eflbrt to re-establish displaced eelgrass beds to local waters. Southold Town partnered with Cornell Cooperative Extension's Marine Program to securc a grant to fimd eelgrass restoration efforts. This grant included moneys to construct an eelgrass nursery (greenhouse) and the materials and labor to implement restoration activities. The Southold Town Eelgrass Restoration Program was launched in October 2001 with the transplanting of approximately 1000 eelgrass shoots into Town waters. Transplant methods were based on the TERFS (Transplanting Eelgrass by Remote Frame System) methodology established by Fred Short et al. of the University of New Hampshire. A TERFS unit consists of a weighted, metal, mesh cage to which eelgrass is attached via degradable ties fabricated from crepe paper streamer material. Four frames were deployed to four sites that were chosen based on historical presence of eelgrass, Sediment type, water depth, and infrequency of natural and man-made disturbance. Potential sites were presented to the Town Trustees for consideration and finalized to include Dam Pond, Town Harbor, Corey Creek, and Cutchogue Harbor. A total of 4 m2 of eelgrass ,,vas planted, representing the test phase of the program. Field evaluation of the transplants will be made in mid-December 2001. These trial plantings will allow for the fine-tuning of the transplantation techniques and site selection criteria. Expansion of restoration activities in Southold Town is planned to begin in October 2002. Through these restoration efforts, it is hoped that a valuable habitat will be re-introduced into Southold Town waters where it will be conserved for future generations to enjoy. Objectives Given that one goal of local resource and habitat management is to restore eelgrass in Southold Town waters, this funding is intended to enhance our existing eelgrass management and restoration program. This project will develop a Town-wid, e eelgrass management plan and increase the scope, efficiency and ecological impact of restoration activities through three specific objectives. The first objective is to expand the geographic range of efforts by increasing plafitings in the Town of Southold. The Southold Town Draft Local Waterfront Revitalization Plan identifies a majority of the Town creeks as potential sites for improvement. Re-introduction of eelgrass into creeks that meet transplanting criteria, will not only provide habitat, but can contribute to improving water quality. A second objective is to refine our techniques by incorporating additional planting methods. Use of the traditional %taple method" (1994-1995) proved unsuitable to local conditions. Since that time, other methods such as "sod plugs" have been employed with greater success. Recently, our pilot plantings have determined that new techniques, such as TERFS and broadcast seeding, may be highly suitable for use in the Peconic Estuary. The final objective is to create a GIS-based "Local Resource and Habitat Management Plan" for eelgrass. Methodology Transplantation of Stranded Robust Shoots Large amounts of viable eelgrass plants (stranded robust shoots, SRS) with rhizome and roots intact wash up on local beaches as a result of bioturbation, scouring by strong waves and shellfishing activities. Left alone these plants dry out within a matter of hours or days and are incorporated into the beach profile as a result of natural sand accretion. Collection, culture and division of these plants oft'er a low-cost, low-impact source of eelgrass transplants. In the Pacific Northwest, Wyllie-Echeverria et al. (in prep) are using SRS of eelgrass, collected from wrack lines, to restore damage by the deployment of a submarine cable and preliminary results are favorable. Culture of SRS will take place in the nursery facility (greenhouse). After collection, shoots will be high-graded and only those with viable rootlets will be selected and transported to the nursery and placed in the flowing seawater system. After new root growth appears, shoots will be planted in a sediment medium designed for grow out. Depending on the extent of growth, these propagules may be further divided to increase the amount of transplant stock. Transplanting of the stock will commence by mid-October. The method for transplanting is TERFS, and requires the eelgrass stock to be tied to modular, metal frames. The eelgrass is attached to the metal mesh of the frame by biodegradable ties fabricated from twisted crepe paper streamers prior to deployment. Each ~?ame covers an area of 0.25 square meters and can hold up to 100 eelgrass shoots. In the field, the prepared frames are lower to the bottom and left for several xveeks, until the plants anchor themselves. After this period, the frames are carefully lifted from the bottom, leaving the newly rooted shoots behind. Transplant areas will vary from site to site, but could range from 6 m2 to 25 m2 per site. Seed Propagation Several studies have discussed the collection and sowing of wild eelgrass seed (Churchill et al. 1978; Orth et al. 1994; Granger et al. 1996; Thom and Wyllie-Echeverria 1997). Until recently, this method of eelgrass restoration had been marginally successful. However, restoration work in the Chesapeake Bay by Robert Orth's group, from the Virginia Institute of Marine Science (VIMS), has found broadcast seeding to be increasingly successful. The one drawback of this method is the large number of seeds that are required to offset seed predation and the low, natural vitality of seeds (ca. 10%). The restoration efforts in the Chesapeake require the collection of approximately 2 tons of eelgrass flowers to yield 7 million seeds (Orth and Fishman, personal communication). Collecting this amount of material is labor-intensive, but requires little training, allowing for the utilization of a large volunteer base. Once the flowers are collected, they must be held in well-oxygenated, flowing seawater tanks until the ripe seeds are released. This takes several weeks and requires several large tanks. Seeds can then be held until October/November then distributed. To eliminate the excessive handling of materials, a new system o f processing and sowing seeds has been devised. This method involves collecting large quantities of flowers as previously mentioned, but instead of placing the material in holding tanks, the flowering shoots are packed into mesh cages equipped with floats and deployed in the field at the restoration site. As the material decomposes in the cages, the seeds are released into the water column where they immediately sink to the bottom. The floating cages, anchored by concrete blocks, freely swing with wind and tides covering a circular area whose diameter can be adjusted by the length of rope between the cage and anchor. Grouping together large numbers of these floats can effectively seed a large area. This method has been tested in a pilot project in Noyack Creek at the E.A. Morton National Wildlife Refuge, Southampton, New York. After two months of deployment, all of the flower material and seeds had been completely decomposed and dispersed. The collection of seed material should begin toward the end of June 2002 and continue into the second week of July. This timetable is subject to change as seed development and maturation is highly correlated to water temperature. Cooler water temperatures could push collection into July. Monitoring of seed development will begin in early June and should provide a better, estimated harvest time. Harvest and stock of cages will be completed by the end of July. Once the cages are deployed, they will be attended to by volunteers. The flowers should be completely decomposed by the end of September 2002, at which time the cages will be removed. Seedling germination will not occur until November, and, at that time, monitoring of seedling growth and sorvival will commence using SCUBA and continue through the summer 2003. Phase 3. Community-Based Shellfish Enhancement Programs for Southoid Town Background: The Town of Southold has practiced shellfish enhancement for decades. A number of policies of Southold Town's draft local waterfront revitalization program involve shellfish: Policy 2: Preserve historic resources of the Town of Southold. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. Policy 9: Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Policy 11: Promote sustainable use of living marine resources in the Town of Southold. The proposed programs in this section will address all four of these policies and will build on the work Cornell Cooperative Extension has performed for the town in the past. We propose to utilize SPAT (Southold Projects in Aquaculture Training) volunteers to carry out much of the hatchery and fieldwork, thereby giving the public a vested interest in the programs. Proposed Actions: 1. Creation of an oyster reef in Mattituck Creek. Mattituck Inlet and Creek has been an area fished for oysters (Crassostrea virginica) when they are available. The creation of a "spawner sanctuary" or oyster reef at the southern end of the creek may create sets of oysters to the north. Surf clam, sea and bay scallop shell will be acquired from Long Island and planted as a base for the oysters to rest upon. Shell may also be used to harden up muddy areas where oyster larvae may presently avoid. Cornell Cooperative Extension personnel and possibly members of the Southold Baymen's Association xvill accomplish the planting of up to 20 cubic yards of shell as a base for the sanctuary. The amount of shell required will depend of the site chosen. A beneficial use determination (BUD) permit from the NYS DEC is already in place for this purpose in this ~vater body. Up to 250,000 oysters ~vould be placed on the reef during the first year, sometime before June. This may require that the town's hatchery production be overwintered until the following spring. SPAT participants may also contribute oysters they have grown besides the 50% of their oysters that will be returned to CCE as part of their agreement with the program. Many of these large oysters returned will become part of the reef. The exact site will be chosen ~vith the help of the Baymen's Association, shellfish advisory committee and Town Trustees and Board. Follow up studies of"cultch" in the area will be made to determine ifa set occurred, but there is no guarantee that the reef would be responsible Ibr the set. 2. Creation of a bay scallop spawner sanctuary in Hallocks Bay and Hay Harbor, Fishers Island. Hallocks Bay has been the mainstay of the bay scallop (A rgopecten irradians irradians) fishery in Southold Town since the first brown tide in 1985. We propose to set up a scallop spawner sanctuary in closed waters (Narrow River or Little Bay) that will export larvae to the waters to the west; i.e. the main body of Hallocks. The addition of 75,000 scallops of spawning size to a small area (about 10,000 square feet) that will be untouched will allow the shellfish to spawn possibly more than once and enhance harvestable stocks in the bay. CCE personnel as well as SPAT participants will grow the scallops until the spring of the following year. At this time CCE, SPAT and the Southold Town Baymen's Association will plant them in the sanctuary. The sanctuary will be monitored by CCE and SPAT to determine if and when the broodstock spawn; with the understanding that any "bugs" found in Hallocks may be from broodstock in the main bay and not necessarily from the sanctuary. Hay Harbor on western Fishers Island has historically held stocks of bay scallops. Various enhancement methods have been attempted including seed planting and lantern nets with broodstock scallops. It is thought that the scale of such attempts was too small to make a great difference. We propose to duplicate the Hallocks Bay broodstock sanctuary approach in Hay Harbor, placing up to 75,000 brood scallops in the southern end (furthest from the inlet) in late spring. Phase 4. Water Quality Education Program Introduction The Peconic Estuary system and The Long Island Sound are integral parts of the Long Island economy and ecology. In order to sustain these valuable resources, we must achieve a balance between the needs of the estuary's resources and the sometimes- conflicting demands of the region's populace. Key to establishing this balance is an educated citizenry that is xvilling to support, promote and actively participate in measures to protect the estuary system at home, at work, and while recreating, and collectively act as wise stewards of a shared public resource. Achieving this requires an intensive education and outreach effort that is aimed at key audiences/stakeholders, as well as the public in general. Effective public education in the PEP and LISS is needed to develop the broad-based public support needed to ensure that estuary program recommendations reach the implementation phase. The ultimate goal of public participation in the PEP and LISS is to establish the public consensus that ensures long-term support and implementation of the CCMP. The public participation program supplemeuts and complements Management Conference activities and advances the role of providing tbr public input to estuary program decision-making. Public Outreach and Education Strategy In the Peconic Estuary system and eastern Long Island Sound, nonpoint source pollution is a major issue of concern. Nonpoint source pollution is primarily generated by users of the estuary, from many ordinary, every day activities. Thus the citizens, collectively, contribute both to the problems and threats to the estuary system and to the solutions to these problems. Each and every one of us living, working and recreating on the East End impacts both of these important estuary systems through everyday actions - in both positive and negative ways. Few if any individual actions made as a part of our day-to- day living are likely to significantly affect the overall water quality, living resources or habitats of the Peconic Estuary or the Sound. Consider, however, ~vhat happens if each of these impacts are multiplied by the thousands and thousands of residents, workers, and visitors in the watershed. It is not long before the cumulative impact does affect these estuaries. Because of this, the Peconics and the Sound could die the "death of a thousand cuts" or be cherished, nurtured and healed by a "thousand" environmentally thoughtful actions. Thus a creative, innovative, and effective public outreach and education strategy is all-important in motivating and making a lasting positive impression on our East End citizenry and stakeholders and thus a lasting positive impact on our most important natural and economic resource - the heart of our region - our marine environment. In an effort to educate and inform the general public about nonpoint source pollution issues, and to develop a stewardship ethic at the citizen level, a public education campaign will be developed and implemented. One significant xvatershed within the Town will be the focus of the project. The Town of Southold will select the watershed and the education program will be developed and implemented by the Cornell Marine Program. The watershed will be delineated as part ol'tbe project and an educational campaign will be directed at residents, visitors and businesses within the watershed. Issues regarding nonpoint source pollution in general, as well as items specific to the identified watershed will be focused components of the education campaign. Target Population: Residents, Businesses and Visitors; Development of basic and background information and development of infbrmational materials: 1. Nonpoint source pollution and stormwater runoff in general 2. Problems specific to the identified watershed Delivery of the above information to the extended comnmnity: a. placement of informational articles in local association newsletters b. presentations to business/civic/service organizations in the community c. placement of informational articles in the local press d. development and delivery of informational flyers, factsheets, relevant road signage and creative infbrmational materials References: Batuik, R.A., R.J. Orth, K.A. Moore, W.C. Dennison, J.C. Stevenson, L.W. Staver, V. Carter, N.B. Rybicki, R.E. Hickman, S. Kollar, S. Birber and P. Heasley, 1992. Chesapeake Bay submerged aquatic vegetation habitat requirements and restoration targets: A technical synthesis. U.S. EPA. Contribution No. 68-WO-0043. Cashin Associates, 1996. Peconic Estuary Program Submersed Aquatic Vegetation Study--Final Report. Churchill, A.C., A.E. Cok and M.I. Riner, 1978. StabiliEation of subtidat sediments by the transplantation of the seagrass Zostera marina L.. New York Sea Grant Report Series. Cottom, C., 1933. Disappearance ofeelgrass along the Atlantic Coast. The Plant Disease Reporter 17(6): 46-53. Cottom, C. and D.A. Munro, 1954. Eelgrass status and environmental relations. Journal of Wildlife Management 18(4): 449-460. Larkum, A.W.D., A.J. McComb and S.A. Sheperd, 1989. Biology of Seagrasses. A treatise on the biology of seagrasses with a special reference to the Australian Region. New York: Elsevier Science Publishing Company, Inc. Orth, R.J., M. Luckenbach and K.A. moore, 1994. Seed dispersal ill a marine macrophyte: implications for colonization and restoration. Ecology 75(7): 1927-1939. Phillips, R.C., 1984. The ecology of eelgrass meadows in the Pacific Northwest, a community profile. U.S. Fish and Wildlife Service. FWS/OBS-84/24. Washington, D.C. Short, F.T. and S. Wyllie-Echeverria, 1996. Natural and human-induced disturbance of eetgrasses. Environmental Conservation 23(1): 17-27. Smith, J.D., 1946. Eelgrass. The Nassau County Historical Journal 9(2): 76-82. Thayer, G.W., W.J. Kenworthy and M.S. Fonseca, 1984. Ecology of meadows of the Atlantic coast: a community profile. U.S. Fish and Wildlife Service. FWS/OBS-84/02. Washington, D.C. Wyllie-Echeverria, S., A.M. Olson, and MJ. llershman. 1994. Seagrass Science and Policy in the Pacific Northwest: Proceedings of a seminar series. (SMA 94-1). EPA 910/R-94-004. Wyllie-Echeverria, S. R.C. Phillips, E.S. Hunn, N.J. Turner and M.L. Miller, 1995. Eelgrass as a natural resource: Implications tbr lbrmal policy. Pages 529-536 in: Proceedings-Puget Sound Science Conference. Puget Sound Water Quality Authority. P.O. Box 40900, Olympia, WA 98504-0900.2 Volumes. Zieman, J.C. and R.T. Zieman, 1989. Ecology of eelgrass meadows of the west coast of Florida: a community profile. U.S. Fish and Wildlife Service Biological Report 85. Washington, D.C. Budget (2 years): Funds requested CCE match 1 Project Manager and 4 Senior Investigators 1 Technician 1 Support staff Total 85,700 15,000 2,500 103200 Fringe Benefits (31.86%) 32,879 Equipment and Supplies 12.500 Travel Mileage 7,250 Boat time 6,250 Sub-total 129,200 Administrative fee (16.1%) 20,800 Bookkeeping fees, audit fees, liability insurances, workers comp, unemployment, telephone, association services Total $150,000 $32,879 APPENDIX D PROGRAM WORK PLAN Contractor: Town of Southold Program Contact Person: Valerie Scopaz, Town Planner Phone: (Office) 631-765-1938 (Fax) 631-765-3136 Implementation of Priority LWRP Projects Project Description The Town of Southold has completed a Draft Local Waterfront Revitalization Program (LWRP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of prioity projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconic Estaury Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program. These include the preparation of mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, development of an educational the LWRP, of Southold has developed a partnership and contracted with the Marine Program of Comell Cooperative Extension of Suffolk County to complete this work. This will further work developed under previous LWRP grants from the EPF. Project Attrib~ion and Number of Copies The applicant must ensure that all materials printed, constructed, and/ur produced reflect the Department of State, Division of Coastal Resources logo,and acknowledge the contributions of thc Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for thc New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphids, final design documents, and other printed materials. Task 1. Project Scoping The Town of Southold, the Department of State, and Cornell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination oftocal responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee, determine its composition. A brief meeting summary will be prepared indicating the agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draft contract with Cornell Cooperative Extension. The contract shall contain a detailed work plan with adequate opportunity to review stages in completion of the products, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. The draft contract will be submitted to the Department of State for review and approval. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Deaprtement of State. ProdUct: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to release for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task 4: Consultant Selection (if required) In consultation with Department of State, the Town of Southold shall review all proposals received as a result of the RFP. The consultant selected is subject to approval by the Department of State. Product: Consultant selected. Task 5: Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct the work with the selected consultant. The contract will contain a detailed work plan with adequate opportunity to review stages in completion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to the Department of Product(s): Digital erosion site data; written guidelines on erosion control, code ammendments. Task 9. Reformulation of The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committe will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalties in Suffolk County. Using exisiting studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetalnd conditions in Southold and will also provide a benchmark against which future monitoring on the effectivenes of regulation and management can be based. The Committe will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. The Committee will make recommendations tot eh Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Idenitifed wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s). Task 10. Development of an LWRP Educational Program The Town of Southold will develop an LWRP Educational Program. This program will identify both short-term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program plarming and design of materials, signage, flyers, and/or other items. - Product(s): Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports 2. Schedule Taskl 2 -Measumble results Selected consultant Executed Contract Town Code revisions; written g~idelines on Wetland reference sites; wetland delineatio~ Town Code revisions. LWRP Educational Pro.~L.~. Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel $ C. Supplies/Materials $ D. Equipment $ E. Contractual Services $ F. Other $ $0.00 $0.00 $0.00 TOTAL PROJECT COST $ $100,000.00 Total State Funds ( 50 % of Total) $ Total Local Share ( 50% of Total) $ $50,000.00 $50,000.00 Describe the anticipated project costs for each of the above cost categories in detail on the following pages (i.e. the title and pay rate of municipal employees to work on the project, type of consultant to be retained, type of equipment and materials to be purchased). The Total of your BUDGET must equal the sum of the State Share and the Local Share as shown on the Contract Face Page. Note - If Clean Water Clean Air Bond Act State Funds, funds for this Project cannot be expended for personal services in other New York State agencies. Memorandum To: Joshua W. Horton, Supervisor From: Valerie Scopaz, AICP, Town Planner Re: Local Waterfront Revitalization Program Grant # C006213: Status Report Date: September 5, 2002 The Town was awarded a $50,000 grant (#C006213) to implement specific aspects of the Town's draft Local Waterfront Revitalization Program~ It is anticipated that most of the work could be contracted out to Comell University's Cooperative Extension, Marine Science Division. Details are provided in the attached memorandum, dated May 3, 2002. At your request, I have worked closely with Chris Smith to avoid duplication of efforts with a separate $150,000 contract, also with Comell Cooperative Extension's Madne Science Division. At our last meeting (to finalize the work plan for the $50,000 grant), Chris and I roached a consensus that the work plan could be modified and restructured as follows: Proposed Work Projects, Fundinq and Due Dates: $ 4,000 Prepare a generic set of erosion management measures for use by the Building Department, and the Trustee, Zoning and Planning boards, as well as the Engineering and Highway departments. December 2002 ~ 6~$00 Prepare educational matedal to explain the value of a specific implementation measure to the public (e.g. wetland based stormwater remediation) and its relationship to the LWRP. February 2002 $ 14~500 Prepare a strategy for a Bay and Creek Moodng management plan. May 2003 $ 25~000 Reformulate Wetlands legislation (Chapter 97 et.al.) to address needs of Board of Trustees. (See attached synopsis for details.) September 2003. Rationale for Modif¥inR the Work Plan The original work plan called for the development of a Five-Year Capital budget and implementation plan for the design and construction of stormwater remediation facilities for key locations where the shellfish resource is endangered by high levels of coliform bacteria. However the Trustees' pressing need for a revamped Code by which to better manage and protect the wetland resources is an argument in favor of modifying the work plan so as to give them the tools they require at this point in time. I discussed this proposal with the entire Board of Trustees. They are in agreement with it. Next Steps If this recommendation is acceptable, the next step is to file a work plan with Steve Ridler by September 9th. Once the work plan is approved, the Town will be issued a contract (for your signature) and authorized to start. Cc: Albert Krupski, President, Board of Trustees Thomas Wickham, Councilman, Planning & Zoning Liaison William Moore, Councilman, Planning & Zoning Liaison Chris Smith, Director, Marine Science Division, Comell Cooperative Ext. Sco~az, ValeHe From: Liguori, Joanne Thursday, September 05, 2002 9:26 AM $copaz, Valerie RE: Town/Comell Grant Applications under LWRP Val, per Josh He would like a very well laid out Bullet Point work plan on what you are proposing to use this $50,000 grant for. Also, he needs to know the exact name of this grant along with its assigned code number. Do we already have the money and is is just being applied for. He would like to have this information in his hands when he returns from Riverhead today at 2:30 Thanks. ..... Odginal Hessage- .... From: Scopaz, ValeHe Sent: Wednesday, September 04, 2002 4:43 PH To: Uguori, .]oanne Subject: RE: Town/Cornell Grant Applications under LWRP Joanne, It will take me longer to write this than to explain it. The TB has given me several deadlines and putting this in writing only puts those deadlines back further. However, if you prefer it in writing, it would help if I knew when the meeting is scheduled for, so as to ensure that I ~v~e~ at deadline. ..... Odginal Hessage- .... From.' Liguori, 3oanne Sent: Wednesday, September 04, 2002 2:50 PH To: Scopaz, Valerie Subject: Town/Cornel[ Grant Applications under LWRP Val, can you please explain in writing to the supervisor, exactly how this grant ties into the Stormwater project. Explain howflNhy the duplication. Also, if Comell is already doing this project, does this money go towards that or can we use it for another resource. As you know, this is a very complicated issue to me. LWRP is a very big issue and I keep seeing things that are part and parcel and not fully understanding it all. If this sounds confusing, I'm sorry. We need to have a better understanding of this. thanks. VAI,~RIE $COPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765~1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Memorandum To: Chris Smith, Director Marine Science Division Cornell Cooperative Extension From: Valerie Scopaz, AICP, Town Planner//fJJ/'~pt~.~ Re: Joint Town/Comell Cooperative Extension Grant Applications under LWRP Date: May 14, 2002 Pursuant to our two meetings on the subject of better'coordination between the Town and Cornell (in regards to implementing specific elements of the Town's draft Local Waterfront Revitalization Program), I briefed the Town Board at their May 7th work session. A subsequent meeting was held with the Board of Trustees on May 8th. The following topics were determined to be a priority subjects for grant applications. Public education The Trustees feel that lack of education about the ecological role of coastal ecosystems (on the part of residents, visitors and most particularly, construction personnel), is responsible for a significant portion of the wetland violations. The Planning Board also finds that lack of educative materials is proving an obstacle to effective communication with property owners, and developers about acceptable construction techniques and land management measures within the Town. Finally, as mentioned in the draft LWRP document, it is felt that better public understanding of the purposes of the LWRP will improve voluntary compliance with regulations. The last grant application to the State for comprehensive coastal education is attached to this memorandum for your reference. Natural resource inventory The Town lacks a comprehensive survey of its fresh and salt water wetlands, woodlands, drainage swales leading to coastal and pond waters and Critical Environmental Areas, including unique upland habitat. The grant would apply for funds to undertake the following tasks: Task L Identify and map all wetlands and drainage infrastructures. Task I1. Identify and produce a vegetative cover map for the town. The purpose of the above tasks would be threefold: 1. to expand the GIS database to include natural resources; 2. to guide planning decisions by the Trustees, the Planning Board, the Town Board and the Zoning Board; 3. to develop a contiguous framework of greenways and wildlife corridors on public and private lands so that wildlife populations are not fragmented into isolated pockets. Watershed Protection The Town needs a scientific basis to formulate and apply local laws that would promote and preserve habitat quality within the watersheds. This grant would include the following tasks, all of which are described as needed actions within the drat~ LWRP document: Task/. Identify septic system impacts on surface water quality within each watershed. Task II. Identify and model alternative low impact, private sanitary systems. Task III. Investigate the possibility of applying more stringent performance standards for septic systems within watershed areas and Critical Environmental Areas. Task II( Identify and report on Best Management Practices for construction activities in watershed areas. Dock and Mooring Legislation The Town needs a scientific basis for legislation, policy and procedures for mitigating the environmental impacts of docks and moorings within all Town waters. Task I. Identify and report on the cumulative impacts of seasonal moorings on marine habitat. Task 11. Identify and report on the cumulative impacts of hard structures on marine habitats. Task Ill. Identify potential mitigation applications to remediate the impacts of moorings and hard structures. Please review the above and let me know whether we can provide sufficient matches for some or all of the above. Cc~ Joshua W. Horton, Supervisor Albert Krupski, President, Board of Trustees Mark Terry, Sr. Environmental Planner Scott Hughes, Sr. Environmental Planner V.~ 1 .I~.RIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Memorandum To: Joshua W. Horton, Supervisor and / . / Members of the Town Board /.,- From: Valerie Scopaz, AICP, Town Planner Re: Local Waterfront Revitalization Program Grants Administration: Status Report Date: May 3, 2002 Implementation of Local Waterfront Revitalization Pro,qram: Pursuant to your request, I have begun a working dialogue with Comell Cooperative Extension's Marine Science Division regarding the implementation and solicitation of Local Waterfront Revitalization grants. To date, there have been two meetings with Chris Smith, Director of Cornell's Marine Science Division. The meetings have focused on the following topics: Overall framework of coordination between the Town and Cornell on implementation of the LWRP. Coordinating the Work Plan for the $150,000 contract awarded to Cornell last year and the Work Plan for the $ 50,000 grant that the Town received to implement the LWRP. Coordinating on the next round of LWRP grants, which are due on June 14th. Meetin,q Synopses: Our discussions have been very productive. Listed below is a brief synopsis of the key points. Overall framework of coordination. Cornell wishes to assist the Town in the LWRP implementation. Its greatest strength lies in providing the "science" the Town needs in order to design and implement effective environmental protection policies, procedures and legislation. Cornell also posses Geographic Information System capabilities that are compatible with the Town's system. The more Cornell understands the Town's information needs, the better it can direct its own research efforts. Cornell prefers to take direction from the Town, rather than assume responsibility for implementing the LWRP. Coordinating work plans. The $150,000 contract with Cornell contains elements of the LWRP implementation that originally were intended to be done pursuant to the $ 50,000 grant. The Department of State has advised the Town to make sure there is no duplication of efforts. The Department of State also has advised the Town to structure Comell's work under the $150,000 contract in such a way that it serves as a match for additional funding available to us in the next round of LWRP grants this coming June. We have reviewed the work plan for the $50,000 grant, and have agreed on a preliminary draft for the purposes of cost estimates and discussion. Cornell will prepare estimates on the cost of this work within the parameters of that grant. ( These project costs would not be charged to the Town under the $ 150,000 contract.) i. The preliminary $50,000 work plan includes the following items: 1. Prepare scientific basis and criteria for creek and bay mooring plans and draft the plans in coordination with the Trustees. 2. Prepare a generic set of erosion management measures that could be used by Trustees, Planning and Zoning Boards, and the Building Department to prevent erosion at construction sites. 3. Prepare a five year capital budget and implementation plan for the design and construction of stormwater remediation facilities for key local "hot-spots" where the shellfish resource is endangered by high levels of coliform bacteria. 4. Prepare educational material to explain the value of these implementation measure to the public. (Cornell's Public Relations department will explore additional avenues of funding for this element.) e. We also agreed that we would continue to meet in order to define the work plan for the $150,000 contract. Priority would be given to projects and research the Town needs in order to design better, more enforceable environmental policies, procedures and legislation. For example, the Town Trustees and the Planning Board have pressing needs for highly specific changes to the Town Code in order to minimize adverse impacts of new development to natural resources, as well as to inventory those resources. f. Cornell is under contract to do some work for the Peconic Estuary Program which is applicable to Southold, and which had been part of the $ 50,000 grant. Since that work will be paid out of federal funds and the research findings will be shared with the Town, it was decided that we should not apply any of the grant or contract monies towards that project. Coordinating the next round of grants: June 14, 2002. The Town is in a good position to apply for funding under the next round provided we enter into a partnership arrangement with Comell. (Most of the $ 250,000 the Town has set aside for stormwater remediation projects can be used as a match to leverage additional grants.) They are willing to work with us and offered to write the grants. In order to meet the June 14th deadline, we agreed to the following timetable: i. May 7 - Discuss progress and strategy with Town Board. ii. May 13 - Send "punch" list of Town priorities for LWRP implementation. (Planning staff to draft this list in a joint meeting with the Trustees on May 8th. The punch list will be based on Section V of the Draft LWRP document.) iii. May 29 - Deadline for completing grants and presentation of same to Cornell's Board of Directors for approval. iv. June 4 - Presentation of same to Southold Town Board to obtain authorization to submit grants. Program Administration: Cornell indicated that they were working on three other LWRP-related grants for Southold, and that they had met with Supervisor Horton and the Trustees about this. (These grants are listed below at the end of this memorandum.) Since the number of grants for LWRP implementation are likely to increase in the near future, it was decided for more effective administrative purposes that lines of communication between Cornell's and the Town's technical staff be consolidated. Towards that end, it is suggested that Chris Smith and I be the two key liaisons to our respective organizations. If this is acceptable, I would take the responsibility of keeping the Board of Trustees informed. Towards this end, I have already met with its President, Al Krupski. Outstanding grants include: o C005962 Road Ends Public Access and Stormwater Control Improvements o C006157 Southold Erosion Mitigation Project o C006158 Eelgrass Culture Facility for the Peconic Estuary Chris Smith, Director, Marine Science Division, Cornell Cooperative Ext. Albert Krupski, President, Board of Trustees Bennett Orlowski, Jr., Chairman, Planning Board Steve Ridler, Coastal Resources Specialist, New York Dept. of State Memorandum To: Joshua W. Horton, Supervisor and Members of the Town Board From: Valerie Scopaz, AICP, Town Planner Re: Local Waterfront Revitalization Program Grants Administration: Status Report Date: May 3, 2002 Implementation of Local Waterfront Revitalization Pro,qram: Pursuant to your request, I have begun a working dialogue with Cornell Cooperative Extension's Marine Science Division regarding the implementation and solicitation of Local Waterfront Revitalization grants. To date, there have been two meetings with Chris Smith, Director of Comell's Marine Science Division. The meetings have focused on the following topics: Overall framework of coordination between the Town and Comell on implementation of the LWRP. Coordinating the Work Plan for the $150,000 contract awarded to Cornell last year and the Work Plan for the $ 50,000 grant that the Town received to implement the LWRP. Coordinating on the next round of LWRP grants, which are due on June 14th. Meetin S no ses: Our discussions have been very productive. Listed below is a brief synopsis of the key points. Overall framework of coordination. Cornell wishes to assist the Town in the LWRP implementation. Its greatest strength lies in providing the "science" the Town needs in order to design and implement effective environmental protection policies, procedures and legislation. Cornell also posses Geographic Information System capabilities that are compatible with the Town's system. The more Cornell understands the Town's information needs, the better it can direct its own research efforts. Cornell prefers to take direction from the Town, rather than assume responsibility for implementing the LWRP. Coordinating work plans. The $150,000 contract with Cornell contains elements of the LWRP implementation that originally were intended to be done pursuant to the $ 50,000 grant. The Department of State has advised the Town to make sure there is no duplication of efforts. The Department of State also has advised the Town to structure Cornell's work under the $150,000 contract in such a way that it serves as a match for additional funding available to us in the next round of LWRP grants this coming June. We have reviewed the work plan for the $50,000 grant, and have agreed on a preliminary draft for the purposes of cost estimates and discussion. Cornell will prepare estimates on the cost of this work within the parameters of that grant. ( These project costs would not be charged to the Town under the $ 150,000 contract.) i. The preliminary $50,000 work plan includes the following items: 1. Prepare scientific basis and criteria for creek and bay mooring plans and draft the plans in coordination with the Trustees. 2. Prepare a generic set of erosion management measures that could be used by Trustees, Planning and Zoning Boards, and the Building Department to prevent erosion at construction sites. 3. Prepare a five year capital budget and implementation plan for the design and construction of stormwater remediation facilities for key local "hot-spots" where the shellfish resource is endangered by high levels of coliform bacteria. 4. Prepare educational material to explain the value of these implementation measure to the public. (Cornell's Public Relations department will explore additional avenues of funding for this element.) e. We also agreed that we would continue to meet in order to define the work plan for the $150,000 contract. Priority would be given to projects and research the Town needs in order to design better, more enforceable environmental policies, procedures and legislation. For example, the Town Trustees and the Planning Board have pressing needs for highly specific changes to the Town Code in order to minimize adverse impacts of new development to natural resources, as well as to inventory those resources. f. Cornell is under contract to do some work for the Peconic Estuary Program which is applicable to Southold, and which had been part of the $ 50,000 grant. Since that work will be paid out of federal funds and the research findings will be shared with the Town, it was decided that we should not apply any of the grant or contract monies towards that project. Coordinating the next round of grants: June 14, 2002. The Town is in a good position to apply for funding under the next round provided we enter into a partnership arrangement with Cornell. (Most of the $ 250,000 the Town has set aside for stormwater remediation projects can be used as a match to leverage additional grants.) They are willing to work with us and offered to write the grants. In order to meet the June 14th deadline, we agreed to the following timetable: i. May 7 - Discuss progress and strategy with Town Board. ii. May 13 - Send "punch" list of Town priorities for LWRP implementation. (Planning staff to draft this list in a joint meeting with the Trustees on May 8th. The punch list will be based on Section V of the Draft LWRP document.) iii. May 29 - Deadline for completing grants and presentation of same to Cornell's Board of Directors for approval. iv. June 4 - Presentation of same to Southold Town Board to obtain authorization to submit grants. Pro.qram Administration: Cornell indicated that they were working on three other LWRP-related grants for Southold, and that they had met with Supervisor Horton and the Trustees about this. (These grants are listed below at the end of this memorandum.) Since the number of grants for LWRP implementation are likely to increase in the near future, it was decided for more effective administrative purposes that lines of communication between Cornell's and the Town's technical staff be consolidated. Towards that end, it is suggested that Chris Smith and I be the two key liaisons to our respective organizations. If this is acceptable, I would take the responsibility of keeping the Board of Trustees informed. Towards this end, I have already met with its President, Al Krupski. Outstanding grants include: o C005962 Road Ends Public Access and Stormwater Control Improvements o C006157 Southold Erosion Mitigation Project o C006158 Eelgrass Culture Facility for the Peconic Estuary Ccz Chris Smith, Director, Marine Science Division, Cornell Cooperative Ext. Albert Krupski, President, Board of Trustees Bennett Orlowski, Jr., Chairman, Planning Board Steve Ridler, Coastal Resources Specialist, New York Dept. of State COO6213 Addendum to Work Contract material to be submitted to NYSDO,g The proposed work plan that the Town of Southold is submitting pursuant to LWRP Grant #C006213 is distinct and separate from the work that Cornell Cooperative Extension is doing pursuant to a separate $150,000 contract (TOS- CCE #1-2002) with the Town. The listing below is intended to document this. NYS-TOS # C006213 TOS-CCE #1-2002 *Develop GIS natural resources inventory. Visual and aerial inventory of eelgrass beds * Initiate long-term eelgrass monitoring program. * Establish eelgrass culturing and restoration techniques, * Expand community shellfish enhancement program. Create oyster reef in Mattituck Creek. Place spawner scallops in Hallocks Bay and Hay Harbor. * Create and implement site-specific, watershed-based water quality education program about impacts of stormwater runoff for homeowners living around creeks. * Develop a Mooring Management Plan. (Using knowledge of eelgrass and shellfish bed locations.) * Develop specific Erosion Best Management Practice Measures to protect adjoining wetlands during construction and other typical land uses. * Reformulate Wetlands Legislation (to guide all decisions within I00 feet of wetlands). * Educate Public about above-noted projects. Memorandum To: Joshua W. Horton, Supervisor and Members of the Town Board From: Valerie Scopaz, AICP, Town Planner Re: Local Waterfront Revitalization Program Grants Administration: Status Report Date: May 3, 2002 Implementation of Local Waterfront Revitalization Pro.qram: Pursuant to your request, I have begun a working dialogue with Cornell Cooperative Extension's Marine Science Division regarding the implementation and solicitation of Local Waterfront Revitalization grants. To date, there have been two meetings with Chris Smith, Director of Cornell's Marine Science Division. The meetings have focused on the following topics: Overall framework of coordination between the Town and Cornell on implementation of the LWRP. Coordinating the Work Plan for the $150,000 contract awarded to Cornell last year and the Work Plan for the $ 50,000 grant that the Town received to implement the LWRP. Coordinating on the next round of LWRP grants, which are due on June 14th. Meetin,q Synopses: Our discussions have been very productive. Listed below is a brief synopsis of the key points. ¸1. Overall framework of coordination. Cornell wishes to assist the Town in the LWRP implementation. Its greatest strength lies in providing the "science" the Town needs in order to design and implement effective environmental protection policies, procedures and legislation. Cornell also posses Geographic Information System capabilities that are compatible with the Town's system. The more Cornell understands the Town's information needs, the better it can direct its own research efforts. Cornell prefers to take direction from the Town, rather than assume responsibility for implementing the LWRP. Coordinating work plans. The $150,000 contract with Cornell contains elements of the LWRP implementation that originally were intended to be done pursuant to the $ 50,000 grant. The Department of State has advised the Town to make sure there is no duplication of efforts. The Department of State also has advised the Town to structure Cornelrs work under the $150,000 contract in such a way that it serves as a match for additional funding available to us in the next round of LWRP grants this coming June. We have reviewed the work plan for the $50,000 grant, and have agreed on a preliminary draft for the purposes of cost estimates and discussion. Cornell will prepare estimates on the cost of this work within the parameters of that grant. ( These project costs would not be charged to the Town under the $ 150,000 contract.) i. The preliminary $50,000 work plan includes the following items: 1. Prepare scientific basis and criteria for creek and bay mooring plans and draft the plans in coordination with the Trustees. 2. Prepare a generic set of erosion management measures that could be used by Trustees, Planning and Zoning Boards, and the Building Department to prevent erosion at construction sites. 3. Prepare a five year capital budget and implementation plan for the design and construction of stormwater remediation facilities for key local "hot-spots" where the shellfish resource is endangered by high levels of coliform bacteria. 4. Prepare educational material to explain the value of these implementation measure to the public. (Cornell's Public Relations department will explore additional avenues of funding for this element.) e. We also agreed that we would continue to meet in order to define the work plan for the $150,000 contract. Priority would be given to projects and research the Town needs in order to design better, more enforceable environmental policies, procedures and legislation. For example, the Town Trustees and the Planning Board have pressing needs for highly specific changes to the Town Code in order to minimize adverse impacts of new development to natural resources, as well as to inventory those resources. f. Cornell is under contract to do some work for the Peconic Estuary Program which is applicable to Southold, and which had been part of the $ 50,000 grant. Since that work will be paid out of federal funds and the research findings will be shared with the Town, it was decided that we should not apply any of the grant or contract monies towards that project. Coordinating the next round of grants: June 14, 2002. The Town is in a good position to apply for funding under the next round provided we enter into a partnership arrangement with Cornell. (Most of the $ 250,000 the Town has set aside for stormwater remediation projects can be used as a match to leverage additional grants.) They are willing to work with us and offered to write the grants. In order to meet the June 14th deadline, we agreed to the following timetable: i. May 7 - Discuss progress and strategy with Town Board. ii. May 13 - Send "punch" list of Town priorities for LWRP implementation. (Planning staff to draft this list in a joint meeting with the Trustees on May 8th. The punch list will be based on Section V of the Draft LWRP document.) iii. May 29 - Deadline for completing grants and presentation of same to Cornell's Board of Directors for approval. iv. June 4 - Presentation of same to Southold Town Board to obtain authorization to submit grants. Program Administration: Cornell indicated that they were working on three other LWRP-related grants for Southold, and that they had met with Supervisor Horton and the Trustees about this. (These grants are listed below at the end of this memorandum.) Since the number of grants for LWRP implementation are likely to increase in the near future, it was decided for more effective administrative purposes that lines of communication between Cornell's and the Town's technical staff be consolidated. Towards that end, it is suggested that Chris Smith and I be the two key liaisons to our respective organizations. If this is acceptable, I would take the responsibility of keeping the Board of Trustees informed. Towards this end, I have already met with its President, Al Krupski. Outstanding grants include: o C005962 Road Ends Public Access and Stormwater Control Improvements o C006157 Southold Erosion Mitigation Project o C006158 Eelgrass Culture Facility for the Peconic Estuary Cc; Chris Smith, Director, Marine Science Division, Cornell Cooperative Ext. Albert Krupski, President, Board of Trustees Bennett Orlowski, Jr., Chairman, Planning Board Steve Ridler, Coastal Resources Specialist, New York Dept. of State V~, 1 J~.RIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD Memorandum To: Chris Smith, Director Marine Science Division Cornell Cooperative Extension From: Valerie Scopaz, AICP, Town Planner Re: Joint Town/Cornell Cooperative Extension Grant Applications under LWRP Date: May 14, 2002 Pursuant to our two meetings on the subject of better' coordination between the Town and Cornell (in regards to implementing specific elements of the Town's draf[ Local Waterfront Revitalization Program), I briefed the Town Board at their May 7th work session. A subsequent meeting was held with the Board of Trustees on May 8*. The following topics were determined to be a priority subjects for grant applications. Public education The Trustees feel that lack of education about the ecological role of coastal ecosystems (on the part of residents, visitors and most particularly, construction personnel), is responsible for a significant portion of the wetland violations. The Planning Board also finds that lack of educative materials is proving an obstacle to effective communication with property owners, and developers about acceptable construction techniques and land management measures within the Town. Finally, as mentioned in the draft LWPd? document, it is felt that better public understanding of the purposes of the LWRP will improve voluntary compliance with regulations. The last grant application to the State for comprehensive coastal education is attached to this memorandum for your reference. Natural resource inventory The Town lacks a comprehensive survey of its fresh and salt water wetlands, woodlands, drainage swales leading to coastal and pond waters and Critical Environmental Areas, including unique upland habitat. The grant would apply for funds to undertake the following tasks: Task I. Identify and map all wetlands and drainage infrastructures. Task H. Identify and produce a vegetative cover map for the town. The purpose of the above tasks would be threefold: 1. to expand the GIS database to include natural resources; 2. to guide planning decisions by the Trustees, the Planning Board, the Town Board and the Zoning Board; 3. to develop a contiguous framework of greenways and wildlife corridors on public and private lands so that wildlife populations are not fragmented into isolated pockets. Watershed Protection The Town needs a scientific basis to formulate and apply local laws that would promote and preserve habitat quality within the watersheds. This grant would include the following tasks, all of which are described as needed actions within the draft LWRP document: Task L Identify septic system impacts on surface water quality within each watershed. Task II. Identify and model alternative low impact, private sanitary systems. Task IIL Investigate the possibility of applying more stringent performance standards for septic systems within watershed areas and Critical Environmental Areas. Task IV. Identify and report on Best Management Practices for construction activities in watershed areas. o Dock and Mooring Legislation The Town needs a scientific basis for legislation, policy and procedures for mitigating the environmental impacts of docks and moorings within all Town waters. Task L Identify and report on the cumulative impacts of seasonal moorings on marine habitat. Task I1. Identify and report on the cumulative impacts of hard structures on mar/ne habitats. Task III. Identify potential mitigation applications to remediate the impacts of moorings and hard structures. Please review the above and let me know whether we can provide sufficient matches for some or all of the above. Cc~ Joshua W. Horton, Supervisor Albert Krupski, President, Board of Trustees Mark Terry, Sr. Environmental Planner Scott Hughes, Sr. Environmental Planner ENVIRONMENTAL PROTECTION FUND APPLICATION FOR STATE ASSISTANCE PAYMENTS LOCAL WATERFRONT REVITALIZATION PROGRAM 1. APPLICANT MUNICIPALITY: City Town Village of: Southold 2. APPLICANTMAILINGADDRESS: (no.& P.o. Box 1179 street~ 53095 Route 25 4. CONTACT PERSON: Valerie Scopaz 5. PHONE: (631)765-1938 FAX:(631 )765-3136 Also: valerie, scopaz@southold, town. southold, ny. us 6. CONTACT MAILING ADDRESS (if different from applfcanO : (no.& street). (city) Southold NY (zip)..11971-0959 (city) (state)__.(zip).__ 3. FEDERAL TAX IDENTIFICATION NUMBER: A163554 I. PROJECT NAME: Coordinated Coastal Education & Awareness Program 2. PROJECT LOCATION: COUNTY: Suffolk USGS Map Attached 3. PROJECT TYPE: Select Project Type [] Waterfront Rediscovery m Intermunicipal Waterbody Management Plan Preparation/Implementation m Coastal Education and Tourism Programs [] General Local Waterfront Revitalization Program Prepamtionflmplementation 1. Proposed Start Date: 1/01 2. Expected Completion Date: 1/02 3. Total Project Costs: $50,000.00 4 State Assistance Requested: $25~000.00 5. Local Match: $ 25,000.00 In three sentences, describe the project type, purpose, and location; the need for the project; and what will result if the project is undertaken. The Coordinated Coastal Education and Awareness Program is designed to coordinate all forms of public outreach and education about Southold Town's coastal resources in a carefully focused effort whose over-riding goal will be to explain and promote key aspects of the Town's Local Waterfront Revitalization Program. Different forms of media and outreach techniques will be used to appeal to year round residents, summer residents and tourists as well as corporate or business enterprises. The program will consolidate ongoing and sporadic local and regional efforts to enhance public and corporate understandings of Southold Town's unique coastal resources and their relationship to the. local economy, as well as to build immediate and long-term support for the implementation of the Local Waterfront Revitalization Program, some elements of which require active, but voluntary public participation and support. Municipal resolution is attached. I hereby affirm under penalty of perjury that information provided on this form and attached statements and exhibits is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal law. (,print name). Jean W. Cochran .(title)Supervisor of(entity). Town of Southold (Date)~ August 30, 2000 .(signature) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main l~ P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON AUGUST 29, 2000: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute any and all necessary documents to file a grant application for funds from the Stab,of New York's Local Waterfront Revitalization Program in accordance with the provisions of the Environmental Protection Fund, in an amount not to exceed a total of two hundred thousand dollars ($200,000.); and be it FURTHER RESOLVED that upon approval of said request that Supervisor Jean W. Cochran be authorized to enter into and execute a project agreement with the State for such financlal assistance to the Town of Southold. Southold Town Clerk August 29, 2000 v, arrv. Briefly describe the proposed project, including a description of the objectives to be achieved, problem(s) to be addressed, and anticipated environmental benefits of the proposed project. If the project is a construction project, describe, as appropriate, what will be constructed, the management practices or technology to be employed, and land ownerstfip. Attach site plans and design drawings, if available, and include photographs of existing site conditions. Identify the project's component tasks or stages and their costs, and provide a schedule for their completion. Clearly identify the nature of the local funding match. Program Descripton: This program is designed to consolidate and enhance existing public outreach and education efforts within the Town of Southold. The program will focus attention on the role of the LWRP in protecting and managing the coastal resources of the Town, as well as in enhancing public access to and enjoyment of those resources. As outlined below, key elements of the LWRP, particularly those requiring public understanding and active participation (e.g. the Farm and Farmland Protection Strategy and the Water Supply Management and Watershed Protection Strategy) will be promoted in a continued series of public education and awareness campaigns throughout the year, as opposed to a one-shot round of public hearings. Successful implementation of the LWRP will require a sustained community as well as governmental effort. Southold Town has a long and proud tradition of volunteerism that is evident in several different facets of community life. Many people who live (and summer) in Southold still feel they that they, as individuals, can make a difference. This program is designed to tap into that wellspring of optimism and civic pride by broadening public understanding of the role or actions each individual can play or take to help local (and State) government protect and manage the unique and irreplaceable coastal resources of the Town. Program Objectives: Key objectives to be achieved include: 1. Improve and expand traditional avenues of public education through use of a wider and more interactive range of media and outreach techniques. 2. Strengthen public understanding of the role the LWRP will play in protecting Southold Town's natural resources and the economy. 3. Build public support for the ongoing legislative and procedural changes that will be needed to protect the key resources and to promote revitalization of and access to the waterfront. 4. Enhance the effectiveness of the LWRP by encouraging a greater level of public participation in protecting the Town's natural resources, as well as enjoying them. Wherever possible, a hands-on, roll-up-the sleeves, can-do approach to environmental protection, resource management 'and waterfront revitalization will be emphasized. [ PART F. WORK PROGRAM (Conffnued) Public Benefits: Anticipated benefits will go beyond that of enhanced environmental protection. A well- managed and protected environment is more likely to be a productive one; a situation which can have only positive ramifications for the local economy. Further, there also is a potentialpsychological benefit to the community that may arise fi.om this program. In an age when many Americans, youth particularly, feel quite cynical about government, the proposed hand,-on, roll-up the sleeves, can-do approach to managing and protecting environmental resources - offers an attractive alternative and a constructive outlet for these frustrations. The end result will be better LWRP implementation and a better coastal resource for all to enjoy. Component Tasks: Identify short-term public education needs and appropriate media and outreach techniques. (Two examples of this are: public meetings to explain the general thrust of the LWRP program, and meetings to explain the purpose of new legislation or regulations that may be needed.) Identify long-term public education and awareness needs and appropriate media and outreach techniques. (Two examples of this are: ongoing outreach for purposes of encouraging voluntary preservation of wetlands, open space, agricultural lands, and unique scenic vistas and a series o~ awareness seminars for property owners about how to protect their groundwater from point source contamination.) Special attention will be given to youth-oriented outreach and participation programs, hopefully in conjunction with local school districts. Develop appropriate awareness campaigns based on the needs and priorities identified in Tasks # 1 and 2. Conduct the campaigns, and based on evaluations of their effectiveness, either replicate or change to improve them. Describe (if applicable) how the project proposed for funding complements related activities funded or proposed for funding under the Clean Water Clean Air Bond Act, the Environmental Protection Fund, the TEA-21 Enhancement Program, and other sources of funds. (Submission of a chart or other graphic that shows how the proposed project is part of a larger plan of action is encouraged). This proposal will complement other ongoing activities or programs currently underway that in their own way address a component of the LWRP. The list below indicates the program activity, a one-line description and in parentheses, the funding source, if applicable. For further details on how these projects have been designed to reinforce one another, please refer to the Year EndReport and 2000 Strategy Report, attached as Appendix A. Local: Draft Local Waterfront Revitalization Program Specifically the *Farm and Farmland Protection Strategy, the tYater Supply Management and PZatershed Protection Strategy and the several environmental enhancement/protection projects underway pursuant to this program, e.g. road end improvements, public access projects and stormwater remediation projects. (See Appendix A for more description.) Harbor Management Plan: This study, completed in 1995, outlines strategies for generic and harbor specific management strategies. (NYS Environmental Protection Fund) ,Coastal Erosion Study: West of Mattituck Inlet to Horton's Point: Actually a series of studies meant to redress long standing erosion problems on Long Island Sound shoreline. 0X!YS Environmental Protection Fund) Design and Development of a Geographic Information System for Growth Management: This is a long-range program in effect since 1998 whereby the Town founded a GIS database for the purpose of enabling effective growth management to occur within the framework of the draft LWRI?. (NYS Environmental Protection Fund) GIS Implementation: This is a program for facilitating the implementation of the aforementioned GIS using additional personnel assistance. (NYS Environmental Protection Fund) Scenic Byways Corridor Management Program: This is a strategy for managing the scenic resources within the main travel corridors within the Town. (NYS Department of Transportation ) SeaView Trails: This is an active program of trail identificatio_n and development and construction of on and off-road trails. (ISTEA-21) Part G. Complimentary Projects (Continued) *Community Preservation Project Plan: This is an active program of acquisition of key properties critical to environmental and scenic purposes. (Revenues from real estate transfer tax pursuant to New York State's Peconic Bay Region Community Preservation Act of 1998) * Both of these programs are coordinated with Suffolk County's G-reenways Program for the purposes of maximizing public benefits of land acquisition or development rights acquisition projects. Regional Initiatives with A Local focus: North Fork Recreational Travel Needs Assessment: This is the North Fork (eastern Riverhead through On'ent Point and Shelter Island) component of the NYS Department of Transportation's Long Island Transportation Plan 2000. 0xI-YS Department of Transportation using ISTEA-21 funds) Sustainable East End Development Strategy_: This is an East End regional consensus-building project that aims to deal with present and projected traffic problems through better, integrated land use planning and greater use ofintermodal connections on a regional level. (New York Metropolitan Transportation Council using TEA-21 funds) I a. 'L0C~ WXTERFRON~[~~T!ON PROG~ ~LEM~NTA~ON Briefly describe how the proposed project is consistent with the policies or implements a project identified in the Local Waterfront Revitalization Program. tfthe proposal is for the preparation of a LWRP or a component ofa LWRP, describe the issues, opportunities, and resources that will be addressed; note any related recently completed plans. The proposed project is consistent with the overall goals of the State LWRP in that it will promote the State and local partnership role in protecting and managing coastal resources for the greatest public good. It also will enhance public awareness and encourage active public participation by residents and visitors alik~ in protecting the environmental resources of the Town, all of which lies within the coastal area. Identify key personnel and briefly describe their qualifications. Valerie Scopaz, AICP, Town Planner - Oversees design and execution of long-range planning initiatives for Southold Town. Melissa Spiro, Land Preservation Coordinator - Oversees the implementation of the Farm and Farmland Protection Strategy,tithe Community Preservation Project Plan, a position which includes coordinating all preservation efforts between the Town and other funding sources, such as the State of New York, the Count of Suffolk, the federal government and private land trusts or conservancy organizations. John Sepenoski, Technical Coordinator - Oversees the development, management and application of the GIS database for growth management, planning initiatives and land preservation. Construction projects should be achievable during the contract period. Indicate permits and approvals needed, status, and the expected issuance date, if they are not already acquired. N/A 3. SUPPLIES/MATERIALS (Describe and indicate cost by typO. Media (print, fllm, video, photographs, posters, etc.) Mailings and other distributional costs Copies of materials SUBTOTAL$10,O0O.O0 4. EQUIPMENT (Describe and indicate the cost of each item). Unknown at this time. SUBTOTAL $ 5. CONTRACTUAL SERVICES (Describe services to be acquired and cost of each, if more than one type of service will be secured). Public relations or educational consultant to assist with design of presentations. Web-site designer. Film production services. Publishing services for printed material. SUBTOTAL $ 12,000.00 6. OTHER (List professional volunteer services and time at market rate, and describe the services to be provided. List non-professional volunteer services and time at $10.00 per hour, and describe the services to be provided). SUBTOTAL $ Describe the nature of operation and maintenance, and resources to be devoted to each. N/A I. SALARIES & WAGES, including fringe benefits (List by title and affiliation) AMOUNT CHARGED TITLE ANNUAL SALARY TO THIS PROJECT Valer±e 8eopaz $58,000.00 $8,333.00 John Sepenoski $ 57,000.00 $8,333.00 Melissa Spiro ~44~000.00 $8,333.00 SUBTOTAL $ 25,000.00 2. TRAVEL ~ndicate purpose a~d extent of travel and associated costs). To and from F±shers Island for public meetings - travel cost~ associated with production of publicity material, e,g. photography, espec±ally aerial photographs or videos. SUBTOTALS 3,000.00 Appendix B (Budget Detail Sheet) A. SALARIES & WAGES TITLE GRANT APPLICATION HAD $50K IN-KIND SERVICES, THIS DOES NOT SEEM APPROPRIATE WHEN YOU ARE ALREADY COMMITTING FUNDS TO CORNELL AMOUNT CHARGE__D.D TO THIS PROJECT SUBTOTAL IB. TRAVEL C. SUPPLIES/MATERIALS IID. EQUIPMENT SUBTOTAL $ 0.00 SUBTOTAL $ 0.00 SUBTOTAL $ 0.00 E. CONTRACTUAL SERVICES Services from Comell Cooperative Extension or other consultant: Mooring Management Plan ...................... $14,500 Erosion Management Measures ................. $4,000 LWRP Educational Program ................... $6,500 ADD ADDITIONAL CORNELL WORK $50,000 SUBTOTAL $ 75,000.00 F. OTHER Wetlands Legislation Reformulation.......$25,000 To be conducted by a Wetlands Legislation Reformulation Committee consisting of Town officials, planners, citizens, regulators, and the business community. PLEASE SPECIFY #of people, #of hours - need to account for this money. Any consultant work on this? SUBTOTAL $ 25,000.00 D-3 APPENDIX D PROGRAM WORK PLAN Contractor: Town of Southold Program Contact Person:Valerie Scopaz, Town Planner Phone: (Office) 631-765-1938 (Fax) 631-765-3136 Implementation of Priority LWRP Projects 1. Project Description The Town of Southold has completed a Drat~ Local Waterfront Revitalization Program (LWRP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of prioity projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconic Estaury Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program. These include the preparation of mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, development of an educational program regarding the LWRP, and reformulation of wetlands legislation to address Board of Trustees needs. GRANT APPLICATION HAD $50K IN-KIND SERVICES, THIS DOES NOT SEEM APPROPRIATE WHEN YOU ARE ALREADY COMMITTING TOWN FUNDS TO CORNELL - ADD AN ADDITIONAL DESCRIPTION OF CORN-ELL WORK THAT WILL BE MATCH. The Town of Southold has developed a partnership and contracted with the Marine Program of Cornell Cooperative Extension of Suffolk County to complete this work. This will further work developed under previous LWRP grants from the EPF. 2. Project Attribution and Number of Copies The applicant must ensure that all materials printed, constructed, and/or produced reflect the Department of State, Division of Coastal Resources logo,and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphics, final design documents, and other printed materials. 3. Component Tasks ADD ADDITIONAL DESCRIPTION OF CORN-ELL TASKS AND WORK PRODUCTS D-4 THAT WILL BE MATCH. Task 1. Project Scoping The Town of Southold, the Department of State, and Comell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination of local responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee, determine its composition. A brief meeting summary will be prepared indicating the agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draft contract with Cornell Cooperative Extension. The contract shall contain a detailed work plan with adequate opportunity to review stages in completion of the products, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. The draft contract will be submitted to the Department of State for review and approval. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Deaprtement of State. Product: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to release for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task4: Consultant Selection (if required) D-5 In consultation with Department of State, the Town of Southold shall review all proposals received as a result of the RFP. The consultant selected is subject to approval by the Department of State. Product: Consultant selected. Task 5: Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct the work with the selected consultant. The contract will contain a detailed work plan with adequate opportunity to review stages in completion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to the Department of State for review. A copy of the final contract, incorporating the Deaprtment of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract Task 6: Project Scoping Session (if required) The Town of Southold, the Department of State, Cornelll Cooperative Extension and the consultant shall hold an initial meeting to review project requirements and site conditions and to transfer any information to the consultant which would assist in completion of the project. A brief meeting summary will be prepared to clearly indicate the agreements/understandings reached at the meeting. Product: Scoping meeting with appropriate parties. Meeting summary with note of agreements/understandings reached. Task 7. Town of Southold Mooring Management Plan Collect and analyze existing data on the location and use of moorings, including collecting new data through the use GPS and GIS technology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. Examine location of moorings with regard to significant natural resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and natural resources. Examine location of moorings with regard to navigation channels, marinas and boat launches in order to avoid conflicts between moorings and other users of the water surface. Examine alternative mooring types and patterns, and develop alternative solutions to different mooting field D-6 problems found in the field analysis e.g., public moorings of alternative designs that permit greater control over siting and capacity. Finalize digital mooting maps for use by Town Trustees and Bay Constables to improve permitting and enforcement activities. The Mooting Management Plan will also review Town procedures for the issuance of mooring permits and provide recommendations for improvements to this procedure including monitoring and inspection of moorings and enforcement. The Mooring Management Plan will build on information contained in the Draft LWRP and the Town of Southold Harbor Management Plan (1995). Product: Town of Southold Mooring Management Plan, including digital mooring field data and mooting maps and procedures for mooring regualtions and enforcement. Task 8. Erosion Management Measures Digitize locations of, and analyze conditions at existing erosion control and slope destabilization sites on Town of Southold shorelines. Develop appropriate genetic slope stabilization, regrading, and landscaping guidelines for use by property owners, builders, architects, and Town officials and incorporate these in the Town Code. Publish guidelines and disseminate information to property owners, builders, developers, architects, and appropriate Town officials. Product(s): Digital erosion site data; written guidelines on erosion control, code ammendments. Task 9. Reformulation of Wetlands Legislation SEEMS LIKE THIS SHOULD BE CONSULTANT SERVICES - THIS IS TOO MUCH FOR. VOLUNTEERS TO UNDERTAKE - IF STAFF ARE TO DO THIS ADD BACK IN DOLLARS TO THE PERSONAL SERVICES SECTION OF BUDGET The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committe will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalties in Suffolk County. Using exisiting studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetalnd conditions in Southold and will also provide a benchmark against which future monitoring on the effectivenes of regulation and management can be based. D-7 The Committe will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. The Committee will make recommendations tot eh Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Idenitifed wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s). Task 10. Development of an LWRP Educational Program The Town of Southold will develop an LWRP Educational Program. This program will identify both short-term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. Product(s): Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports The Town of Southold shall submit to the Department of State quarterly reports on the form provided, including the extent of work accomplished, any problems encountered, and any assistance needed. Ifa quarterly payment request is submitted, the quarterly report may be submitted as part of the payment request. Task 12: Project completion Upon completion of the project, the consultant shall submit a statement to the Town of Southold that the work has been completed in accordance with the contract and all permit requirements, where applicable. The consultant shall provide the municipality with all reports, analyses, data, GIS layers, and products as specified in this work program. The Department of State shall concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Department of State for final payment of grant funds. D-8 Products: Quarterly reports during the life of the contract. Task 13: Measurable Results The municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State. Product: Completed Measurable Results form. 4. Project Management Responsibilities: The Town of Southold is responsible for ensuring completion of all work program tasks, reporting on progress and obtaining required approvals from the Department of State, and providing the Department of State with copies of materials produced. The Town of Southold will secure all necessary permits and perform all required environmental reviews, where applicable. Cornell Cooperative Extension will complete tasks specified in an approved consultant subcontract and in project scoping agreements. Approval by the Department of State of any and all consultant subcontracts is necessary before work can commence. Approval by the Department of State is necessary before purchase of any equipment using gram funds. 2. Schedule D-9 Task Description Tm4c 1 - Project Scoping Se~ion Task 2 - Coraract prep~ation and execution T~4c 6 - Project Scopin~ Session Task 7- Mooring Management Plan Task 8 - Erosion T~w.k 9 - R~gotmulation of W~aslds Legislation Taskl 1 - Quarterly Repor~ Task12 - Measurable resulls WORK PROGRAM COVER SHEET Name and Address of municipality: Federal Tax ID#: A163554 Title of project: Department liaison: Community contact: Address (if different above): Tel. No. 631-765-1938 Department reviewer: Returned for revisions: Town of Southold P.O. Box 1179 53095 Route 25 Southold, NY 1197143959 Implementation of Priority LWRP Projects Steve Ridler Valerie Scopaz P.O. Box 1179 53095 Route 25 Southold, NY 1197143959 Fax No. 631-765-3136 Date: Revision: Date: Revision: Approved: Date: Signature: Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel C. Supplies/Materials D. Equipment E. Contractual Services F. Other $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $75,000.00 $ $25,000.00 TOTAL PROJECT COST $ $100,000.00 Total State Funds ( 50 % of Total) $ $50,000.00 Total Local Share ( 50% of Total) $ $5O,OOO.OO Describe the anticipated project costs for each of the above cost categories in detail on the following pages (i.e. the title and pay rate of municipal employees to work on the project, type of consultant to be retained, type of equipment and materials to be purchased). The Total of your BUDGET must equal the sum of the State Share and the Local Share as shown on the Contract Face Page. Note - If Clean Water Clean Ak Bond Act State Funds, funds for this Project cannot be expended for personal services in other New York State agencies. Southold Town Waterfront Revitalization Initiative A Proposal to the Southold Town Board Submitted by Cornell Cooperative Extension of Suffolk County Marine Program 3690 Cedar Beach Road Southold, New York 11971 4 2~1 Southold Town Board 124-2001 Introduction This project proposes to conduct a two-year, four-phase effort to address needs outlined in the Town of Southold Waterfront Revitalization Program (LWRP). This initiative would contribute towards achieving the goals of the following policies as outlined in the LWRP document: 1. Policy 1-14. LWRP Education 2. Policy 1-13 GIS Update 3. Policy 4-6 Shoreline Defense and Shoreline Inventory 4. Policy 4-6 Best Management Practices/Stormwater Runoff and Protecting Groundwater Quality 5. 9-6 Bay Mooring Plan 6. 11-6 Local Resource and Habitat Management Plans Phase 1. Southold Waterfront Revitalization Project GIS Component Geographic Information System (GIS) technology is a valuable analytical tool increasingly used for resource management, development planning and scientific investigations. Essentially, GIS is a computer-based system capable of assembling, storing, manipulafmg and presenting geographically referenced information. Geographic data is any information &at can be identified according to physical location. From a municipal perspective, a GIS can link data sets together by common iocadonal data which helps different departments (Trustees, planning boards, zoning boards etc.) share information. Any variable that is capable of being located spatially can be inserted into the GIS database. Therefore, the only limit to how comprehensive a resource database can be is the amount of time and effort put into developing and updating the system. The Town of Southold has initiated the development ofa GIS through State grants. However, as described in the Local Waterl~ont Revitalization Plan (LWRP), the Town requires assistance in continuing to create a Natural Resources Inventory and Database (NRID). The NRID is an essential first step for implementing other resource management goals of the LWRP. Currently, the Town GIS conta'ms information on tax boundaries, land use, zoning districts, development rights and the 2% land bank for Sou&old. We propose to build on the Town's existing database by overlaying information specifically called for in the LWRP, such as inventory layers of natural resources and shoreline structures wi&in the Town. All information will be stored in a format in which the Town is already capable of cataloging and manipulat'mg, specifically the Maplnfo GIS sof~are. Our proposed GIS database will be composed of information extracted l~om three project components: l) Sou&old Town Creeks visual inventory 2) eelgrass management and restoration efforts and 3) shellfish management and restoration efforts. Implementing these components not only confers the advantages of performing valuable restoration efforts, but in also providing essent'ml data needed to fulfill one of the first priorities of the LWRP; creating a resource inventory database for the Town. The following describes the geographically referenced data, which will be obtained for each component. Southold Town creeks visual inventory -Inventory of shoreline structures along Town creeks. Photos of existing structures (e.g. houses and docks) will be extracted from the produced videos and linked to their corresponding tax map lot. Selecting any creek-front parcel will provide information such as acreage and will call up digital photographs. -Database of shoreline defense structures. All shoreline-hardening structures (e.g. bulkheads) will be mapped and linked to descriptive information such as size, length, etc. -Mooring field inventory. All mooring fields in Southold will be mapped and linked to digital and aerial photographs. -Navigational channel mapping. Previously and currently maintained channels will be mapped and linked to aerial photographs. Eelgrass Management and Restoration -Historical eelgrass bed distribution. Locations of historical beds ofeelgrass throughout Southold will be mapped and linked to descriptive data such as density, health, etc. -Existing eelgrass bed distribution: Current locations of eelgrass beds will be mapped and linked to digital (underwater) and aerial photographs. -Long-term eelgrass monitoring stations. Comell Cooperative Extension eelgrass monitoring stations will be mapped and linked to data such as digital photographs (underwater) and monitoring findings. -Previous and ongoing eelgrass restoration efforts. Comell led restoration efforts will be mapped and linked to digital photographs and restoration outcomes/ findings. -Sites highly suitable for eelgrass transplanting. A map of sites determined to be highly suitable for restoration activities will be created. The ability to produce such a map will be dependent on obtaining funding from additional sources to carry out the necessary multivariate modeling. Shellfish Management and Restoration -Cornell Cooperative Extension/Town of SouthoM seeding efforts. Map representing locations where seeding (clams, oysters and bay scallops) has occurred in 2001-2002 will be produced. The map will be linked to data such as quantity of seed and time of dispersal. -Proposed shellfish restoration efforts. A map will be produced depicting the proposed efforts: scallop spawner sanctuary and oyster reef. These areas will be linked to digital photographs and project summary documents. -SPAT project activity. The locations of all SPAT operations within the Town will be mapped. -"Community garden". The location of the community garden will be mapped and will be linked to digital photographs and description of program. -Shellfish closure areas. A map with year-round, seasonal and conditional shellfish closure areas will be produced. The final product will be a database geographically locating, describing, and depicting both natural and structural resources on a Town-wide basis. GIS technology brings the ability to develop a comprehensive inventory of natural resources and structures; using various mediums such as maps, digital photographs, aerial photographs, word processor and spreadsheet documents. Such a database should be considered to be a tremendous asset, either as a stand-alone source of information or to be expanded upon to include even more town resources at any time in the future. A detailed inventory of Southold resources will greatly aid in their management and protection. Visual Inventory of Southold Town Creeks As a part of the GIS component for the Southold Town Waterfront Revitalization Project, the visual inventory of the town's creeks would be executed with the use of digital technology. Digital video will be used to handle three parts of the GIS documentation; first the digital format can be linked to the GIS database via standard computer files such as mpags (video) and jpegs (still photo). Second, video of each creek can be stored and viewed on CD's, DVD disks or standard videotapes to be viewed at a later date. Third, still images can be extracted from the video to highlight specific areas of interest such as shoreline hardening existing structures and wetland vegetation. The equipment to be used will be Sony's VXI000 digital video camera and Sony's PC 100 digital video camera. The computer program to edit and extract the still images is Canopus Corporation's DV Rex-edit RT. In order to document the town's creeks, a list of all the creeks would be made and categorized into size. A powerboat would be used to travel into the creeks, a set course and distance from the shore will be followed for one pass and then a second pass to document specific aspects of the creek (shoreline hardening, existing structures and wetland vegetation). The videotape would be taken back to the lab and edited wis graphics as to what creek it is and other descriptive information about the creek. Next, working wiS the GIS technician to determine what still images are needed; those still images would Sen be extracted and used in the GIS program. Phase 2. Southold Town Eelgrass Management and Restoration Project Project Need Management of natural resources and conservation of valuable habitats are important goals in any revitalization plan. For this reason, the Town of Southold identified the development of "Local Resource and Habitat Management Plans" in their Local Waterfront Revitalization Plan (LWRP). However, when a resource/habitat has been severely impacted upon, management and conservation efforts may need to be complemented with active restoration actions. One such habitat, which has declined in local waters, is the eelgrass. Eelgrass (Zostera marina L.) is a submersed aquatic plant that is a critically important to the ecology of shallow coastal waters. Eelgrass typically forms dense meadows that have been likened to coral reefs in temperate waters. In a recent review, Short and Wyllie-Echeverria (1996) point to an alarming trend for the seagrass biome worldwide. Data, gathered fi.om global sources, indicates Sat loss of seagrass cover is on the rise when compared to losses reported fi'om 1970-82. Although losses are reported from several regions, hot spots are coincident wis industrial centers and urban areas (Short and Wyllie-Echeverria, 1996). It is clear that seagrass loss will decrease the productivity ofnearshore systems (e.g. Thayer et al. 1984; Phillips, 1984; Zieman and Zieman, 1989; Larkum et al., 1989; Wyllie-Echeverria et al., 1994). In response, several U.S. coastal states have implemented or are designing policies to protect current resources and restore appropriate sites (Batuik et al., 1992; Wyllie- Echeverria et al., 1995). Eelgrass populations in Long Island embayments have waxed and waned in the last century. Although we lack quantitative data, anecdotal reports indicate Sat distribution patterns were quite robust in the decade prior to 1931 (Smith, 1946). Interviews wis local baymen and long-time residents suggest that all of Southold Town's creeks contained eelgrass beds at one time. Populations began to decline in 1928 wis drastic reductions apparent by 1931 during the height of the wasting disease epidemic (Cottom, 1933). Recovery began in the early 1940s (Cottom and Munro, 1954), although the populations never reached the levels prior to the wasting diseas, e. From 1969 to the present, aerial photographs and interviews were used to create time-series distribution maps of several sites for 1969, 1984 (sometimes 1980) and 1994 (Cashin Associates, 1996). Analytical analysis of these maps led to the assertion that eelgrass distribution has been on a continuous decline in the Peconic Bay Estuary, including SouSold Town waters. This decline can be attributed to periods of poor water quality, channel dredging and the blooms of brown tide (.4ureococcus anophageffrens) in the mid-1980s and early- 1990s. The combined pressure of all of these factors has taken its toll on the eelgrass populations in Southold Town, and throughout the Peconic Estuary. This population decline is distm'bing when the value of eelgrass to coastal waters is considered. Eelgrass meadows are an important habitat for many species of fish, crustaceans, and mollusks. In the Pecunic Estuary, the growth and survival ofeeigrass is intimately related to the success of the Atlantic bay scallop (Argopecten irradians). In addition, numerous other species, including recreationally and commercially important finfish and shellfish (e.g. Winter and Summer Flounder, Northern Quahog and Blue Crab), rely on eelgrass meadows during some part of their life cycle. Declines in the commercial landings of these species have coincided with the loss ofeelgrass habitat. Eelgrass has been found to be a resource for waterfowl as well. Brant and Canada Geese are known to graze on eelgrass during the late spring early summer, when the plants are in seed. Eelgrass productivity has also been tied to the energy dynamics of deeper water detrital food webs. The presence of eelgrass in near-shore waters may also have an impact on tidal marshlands and beach/dune communities. Eelgrass beds act as natural baffles, reducing current velocity and wave force, thereby minimizing erosion and protecting these systems. The Peconic Estuary has been characterized as a priority site in the National Estuary Program and is the focus of our restoration efforts. Monitoring and management of existing eelgrass has been identified in the Comprehensive Conservation and Management Plan for the Peconic Estuary Program. In addition, eelgrass restoration has been identified as a priority in the Restoration Plan for the Peconic Estuary. In recent years, concern regarding water quality has prompted several local townships to invest heavily in storm-water mitigation efforts. The overall water quality of the estuary is at the highest it has been in decades as a result of these and other projects. Brown tide has been an int~equent visitor to the local waters since the early 1990s, with the few blooms being isolated to small embayments and creeks. Yet, despite these improvements, there remains a lack of eelgrass re-colonization to areas that are known to have once contained lush eelgrass meadows. One hypothesis suggests that water quality is not inhibit'mg the re-establishment of eelgrass, but rather it is the lack of propagules in these areas that is preventing natural restoration. Most areas, identified as having a historic eelgrass presence, are effectively isolated fi'om existing eelgrass beds by distance, as eelgrass seeds generally disperse close to their paternal plants. If this hypothesis proves viable, then natural replenishment of eelgrass populations in "isolated" areas of the estuary may take decades. To this end, restoration projects are needed to establish eelgrass to the now vacant areas of its historical range. Southold Town has already entered into a commi~nent to conserve and restore the health of its waters. Stormwater mitigation projects have been completed reducing road runoff into Town creeks. The Town of Southold has also taken steps'to restore vital habitats that have been lost due to natural and anthropogenic events. In an effort to re-establish displaced eelgrass beds to local waters, Southold Town parmered with Cornell Cooperative Extension's Marine Program to secure a grant to fund eelgrass restoration efforts. This grant included moneys to consuuct an eelgrass nursery (greenhouse) and the materials and labor to implement restoration activities. The Southold Town Eelgrass Restoration Program was launched in October 2001 with the transplanting of approximately 1000 eelgrass shoots into Town waters. Transplant methods were based on the TERFS (Transplanting Eelgrass by Remote Frame System) methodology established by Fred Short et al. of the University of New Hampshire. A TERFS unit consists of a weighted, metal, mesh cage to which eelgrass is attached via degradable ties fabricated from crepe paper streamer material. Four frames were deployed to four sites that were chosen based on historical presence of eelgrass, Sediment type, water depth, and infrequency of natural and man-made disturbance. Potential sites were presented to the Town Trustees for consideration and finalized to include Dam Pond, Town Harbor, Corey Creek, and Cutehogue Harbor. A total of 4 m2 of eelgrass was planted, representing the test phase of the program. Field evaluation of the transplants will be made in mid-December 2001. These trial plantings will allow for the fmc-tuning of the transplantation techniques and site selection criteria. Expansion of restoration activities in Southold Town is planned to begin in October 2002. Through these restoration efforts, it is hoped that a valuable habitat will be re-introduced into Southold Town waters where it will be conserved for future generations to enjoy. Objectives Given that one goal of local resource and habitat management is to restore eelgrass in Southold Town waters, this funding is intended to enhance our existing eelgrass management and restoration program. This project will develop a Town-wide eelgrass management plan and increase the scope, efficiency and ecological impact of restoration activities through three specific objectives. The f'Lrst objective is to expand the geographic range of efforts by increasing plantings in the Town of Southold. The Southold Town DraR Local Waterfront Revitalization Plan identifies a majority of the Town creeks as potential sites for improvement. Re-introduction of eelgrass into creeks that meet transplanting criteria, will not only provide habitat, but can contribute to improving water quality. A second objective is to refine our techniques by incorporating additional planting methods. Use of the Iraditional "staple method" (1994-1995) proved unsuitable to local conditions. Since that time, other methods such as "sod plugs" have been employed with greater success. Recently, our pilot plantings have determined that new techniques, such as TERFS and broadcast seeding, may be highly suitable for use in the Peconic Estuary. The final objective is to create a GIS-based "Local Resource and Habitat Management Plan" for eelgrass. Methodolo~.,v Transplantation of Stranded Robust Shoots Large amounts of viable eelgrass plants (stranded robust shoo~s, SRS) with rhizome and roots intact wash up on local beaches as a result of bioturbation, scouring by strong waves and shellfishing activities. Left alone these plants dry out within a matter of hours or days and are incorporated into the beach profile as a result of natural sand accretion. Collection, culture and division of these plants offer a low-cost, low-impact source of eelgrass transplants. In the Pacific Northwest, Wyllie-Echeverria et al. (in prep) are using SRS ofeelgrass, collected from wrack lines, to restore damage by the deployment of a submarine cable and preliminary results are favorable. Culture of SRS will take place in the nursery facility (greenhouse). After collection, shoots will be high-graded and only those with viable rootlets will be selected and transported to the nursery and placed in the flowing seawater system. ARer new root growth appears, shoots will be planted in a sediment medium designed for grow out. Depending on the extent of growth, these propagules may be further divided to increase the amount of transplant stuck. Transplanting of the stock will commence by mid-October. The method for transplanting is TERFS, and requires the eelgrass stock to be tied to modular, metal frames. The eelgrass is attached to the metal mesh of the frame by biodegradable ties fabricated from twisted crepe paper streamers prior to deployment. Each frame covers an area of 0.25 square meters and can hold up to 100 eelgrass shoots. In the field, the prepared frames are lower to the bottom and left for several weeks, until the plants anchor themselves. After this period, the frames are carefully lifted from the bottom, leaving the newly rooted shoots behind. Transplant areas will vary fi'om site to site, but could range from 6 m2 tu 25 m2 per site. Seed Propagation Several studies have discussed the collection and sowing of wild eelgrass seed (Churchill et al. 1978; Orth et al. 1994; Granger et al. 1996; Thom and Wyllie-Echeverrin 1997). Until recently, this method of eelgrass restoration had been marginally successful. However, restoration work in the Chesapeake Bay by Robert Orth's group, from the Virginia Institute of Marine Science (VIMS), has found broadcast seeding tu be increasingly successful. The one drawback of this method is the large number of seeds that are required to offset seed predation and the low, natural vitality of seeds (ca. 10%). The restoration efforts in the Chesapeake require the collection of approximately 2 tons of eelgrass flowers tu yield 7 million seeds (Orth and Fishman, personal communication). Collecting this amount of material is labor-intensive, but requires little training, allowing for the utilization of a large volunteer base. Once the flowers are collected, they must be held in well-oxygenated, flowing seawater tanks until the ripe seeds are released. This takes several weeks and requires several large tanks. Seeds can then be held until Octuber/November then distributed. To eliminate the excessive handling of materials, a new system of processing and sowing seeds has been devised. This method involves collecting large quantities of flowers as previously mentioned, but instead of placing the material in holding tanks, the flowering shoots are packed into mesh cages equipped with floats and deployed in the field at the restoration site. As the material decomposes in the cages, the seeds are released intu the water colunm where they immediately sink to the bottom. The floating cages, anchored by concrete blocks, frecly swing with wind and tides covering a circular area whose diameter can be adjusted by the length of rope between the cage and anchor. Grouping together large numbers of these floats can effectively seed a large area. This method has been tested in a pilot project in Noyack Creek at the E.A. Morton National Wildlife Refuge, Southampton, New York. Afler two months of deployment, all of the flower material and seeds had been completely decomposed and dispersed. The collection of seed material should begin toward the end of June 2002 and continue into the second week of July. This timetable is subject to change as seed development and maturation is highly correlated to water temperature. Cooler water temperatures could push collection into July. Monitoring of seed development will begin in early June and should provide a better, estimated harvest time. Harvest and stock of cages will be completed by the end of July. Once the cages are deployed, they will be attended to by volunteers. The flowers should be completely decomposed by the end of September 2002, at which time the cages will be removed. Seedling germination will not occur until November, and, at that time, monitoring of seedling growth and survival will commence using SCUBA and continue through the summer 2003. Phase 3. Community-Based Shdlfish Enhancement Programs for Southoid Town Background: The Town of Southold has practiced shellfish enhancement for decades. A number of policies of Southold Town's draft local waterfront revitalization program involve shellfish: Policy 2: Preserve historic resources of the Town of Southold. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. Policy 9: Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Policy I 1: Promote sustainable use of living marine resources in the Town of Southold. The proposed programs in this section will address all four of these policies and will build on the work Cornell Cooperative Extension has performed for the town in the past. We propose to utilize SPAT (Southold Projects in Aquaculture Training) volunteers to carry out much of the hatchery and fieldwork, thereby giving the public a vested interest in the programs. Proposed Actions: 1. Creation of an oyster reef in Mattituck Creek. Mattituck Inlet and Creek has been an area fished for oysters (Crassostrea virginica) when they are available. The creation of a "spawner sanctuary" or oyster reef at the southern end oftbe creek may create sets of oysters to the north. Surf clam, sea and bay scallop shell will be acquired from Long Island and planted as a base for the oysters to rest upon. Shell may also be used to harden up muddy areas where oyster larvae may presently avoid. Corneil Cooperative Extension personnel and possibly members of the Southold Baymen's Association will accomplish the planting of up to 20 cubic yards of shell as a base for the sanctuary. The amount of shell required will depend of the site chosen. A beneficial use determination (BUD) permit from the NYS DEC is already in place for thi.~ purpose in this water body. Up to 250,000 oysters would be placed on the reef during the first year, sometime before June. This may require that the town's hatchery production be overwintered until the following spring. SPAT participants may also contribute oysters they have grown besides the 50% of their oysters that will be returned to CCE as part of their agreement with the program. Many of these large oysters returned will become part of the reef. The exact site will be chosen with the help of the Baymen's Association, shellfish advisory committee and Town Trustees and Board. Follow up studies of"cultch" in the area will be made to determine ifa set occurred, but there is no guarantee that the reef would be responsible for the set. 2. Creation of a bay scallop spawner sanctuary in Hallocks Bay and Hay Harbor, Fishers Island. Hallocks Bay has been the mainstay of the bay scallop (.4rgopecten irradians irradians) fishery in Southold Town since the f~rst brown tide in 1985. We propose to set up a scallop spawner sanctuary in closed waters (Narrow River or Little Bay) that will export larvae to the waters to the west; i.e. the main body of Hallocks. The addition of 75,000 scallops of spawning size to a small area (about 10,000 square feet) that will be untouched will allow the shellfish to spawn possibly more than once and enhance harvestable stocks in the bay. CCE personnel as well as SPAT participants will grow the scallops until the spring of the following year. At this time CCE, SPAT and the Southold Town Baymen's Association will plant them in the sanctuary. The sanctuary will be monitored by CCE and SPAT to determine if and when the broodstock spawn; with the understanding that any "bugs" found in Hallocks may be from broodstock in the main bay and not necessarily from the sanctuary. Hay Harbor on western Fishers Island has historically held stocks of bay scallops. Various enhancement methods have been attempted including seed planting and lantern nets with broodstock scallops. It is thought that the scale of such attempts was too small to make a great difference. We propose to duplicate the Hallocks Bay broodstock sanctuary approach in Hay Harbor, placing up to 75,000 brood scallops in the southern end (furthest from the inlet) in late spring. Phase 4. Water Quality Education Program In~oduction The Peconic Estuary system and The Long Island Sound are integral parts of the Long Island economy and ecology. In order to sustain these valuable resources, we must achieve a balance between the needs of the estuary's resources and the sometimes- conflicting demands of the region's populace. Key to establishing this balance is an educated citizenry that is willing to support, promote and actively participate in measures to protect the estuary system at home, at work, and while recreating, and collectively act as wise stewards of a shared public resource. Achieving this requires an intensive education and outreach effort that is aimed at key audiences/stakeholders, as well as the public in general. Effective public education in the PEP and LISS is needed to develop the broad-based public support needed to ensure that estuary program recommendations reach the implementation phase. The ultimate goal of public participation in the PEP and LISS is to establish the public consensus that ensures long-term support and implementation of the CCMP. The public participation program supplements and complements Management Conference activities and advances the role of providing for public input to estuary program decision-making. Public Outreach and Education Strategy In the Peconic Estuary system and eastern Long Island Sound, nonpoint source pollution is a major issue of concern. Nunpoim source pollution is primarily generated by users of the estuary, from many ordinary, every day activities. Thus the citizens, collectively, contribute both to the problems and threats to the estuary system and to the solutions to these problems. Each and every one of us living, working and recreating on the East End impacts both of these important estuary systems through everyday actions - in both positive and negative ways. Few it'any individual actions made as a part of our day-to- day living are likely to significantly affect the overall water quality, living resources or habitats of the Peconic Estuary or the Sound. Consider, however, what happens if each of these impacts are multiplied by the thousands and thousands of residents, workers, and visitors in the watershed. It is not long before the cumulative impact does affect these estuaries. Because of this, the Peconics and the Sound could die the "death of a thousand cuts" or be cherished, nurtured and healed by a "thousand" environmentally thoughtful actions. Thus a creative, innovative, and effective public outreach and education strategy is all-important in motivating and making a lasfmg positive impression on our East End citizenry and stakeholders and thus a lasting positive impact on our most important natural and economic resource - the heart of our region - our marine environment. In an effort to educate and inform the general public about nonpoint source pollution issues, and to develop a stewardship ethic at the citizen level, a public education campaign will be developed and implemented. One significant watershed within the Town will be the focus of the project. The Town of Southold will select the watershed and the education program will be developed and implemented by the Cornell Marine Program. The watershed will be delineated as part of the project and an educational campaign will be directed at residents, visitors and businesses within the watershed. Issues regarding nonpoint source pollution in general, as well as items specific to the identified watershed will be focused components of the education campaign. Target Population: Residents, Businesses and Visitors; Development of basic and background information and development of informational materials: 1. Nonpoint source pollution and stormwater runoff in general 2. Problems specific to the identified watershed Delivery of the above information to the extended community: a. placement of informational articles in local association newsletters b. presentations to business/civic/service organizations in the community c. placement of informational articles in the local press d. development and delivery of informational flyers, factsheets, relevant road signage and creative informational materials References: Batuik, R.A., R.J. Orth, K.A. Moore, W.C. Dennison, J.C. Stevenson, L.W. Staver, V. Carter, N.B. Rybicki, R.E. Hickman, S. Kollar, S. Birber and P. Heasley, 1992. Chesapeake Bay submerged aquatic vegetation habitat requirements and restoration targets: A technical synthesis. U.S. EPA. Contribution No. 68-WO-0043. Cashin Associates, 1996. Peconic Estuary Program Submersed Aquatic Vegetation Study--Final Report. Churchill, A.C., A.E. Cok and M.I. Riner, 1978. Stabilization of subtidal sediments by the transplantation of the seagrass Zostera marina L.. New York Sea Grant Report Series. Cottom, C., 1933. Disappearance ofeelgrass along the Atlantic Coast. The Plant Disease Reporter 17(6): 46-53. Cottom, C. and D.A. Munro, 1954. Eelgrass status and environmental relations. Journal of Wildlife Management 18(4): 449-460. Larkum, A.W.D., A.J. McComb and S.A. Shepord, 1989. Biology ofSeagrasses. A treatise on the biology of seagrasses with a special reference tO the Australian Region. New York: Elsevier Science Publishing Company, Inc. Orth, R.J., M. Luckenbach and K.A. moore, 1994. Seed dispersal in a marine macrophyte: implications for colonization and restoration. Ecology 75(7): 1927-1939. Phillips, R.C., 1984. The ecology ofeelgrass meadows in the Pacific Northwest, a community profile. U.S. Fish and Wildlife Service. FWS/OBS-84/24. Washington, D.C. Short, F.T. and S. Wyllie-Echeverda, 1996. Natural and human-induced disturbance of eelgrasses. Environmental Conservation 23(1): 17-27. Smith, J.D., 1946. Eclgrass. The Nassau County Historical Journal 9(2): 76-82. Thayer, G.W., W.J. Kenworthy and M.S. Fonseca, 1984. Ecology of meadows of the Atlantic coast: a community profile. U.S. Fish and Wildlife Service. FWS/OBS-84/02. Washington, D.C. Wyllie-Echeverria, S., A.M. Olson, and M.J. Hershman, 1994. Seagrass Science and Policy in the Pacific Northwest: Proceedings ora seminar series. (SMA 94-1). EPA 910/R-94-004. Wyllie-EchevenSa, S. R.C. Phillips, E.S. Hunn, N.J. Turner and M.L. Miller, 1995. Eelgrass as a natural resource: Implications for formal policy. Pages 529-536 in: Proceedings-Puget Sound Science Conference. Puget Sound Water Quality Authority. P.O. Box 40900, Olympia, WA 98504-0900.2 Volumes. Zieman, J.C. and R.T. Zieman, 1989. Ecology of eelgrass meadows of the west coast of Florida: a community profile. U.S. Fish and Wildlife Service Biological Report 85. Washington, D.C. Budget (2 years): Funds requested CCE match 1 Project Manager and 4 Senior Investigators 1 Technician 1 Support staff Total 85,700 15,000 2,500 103,200 Fringe Benefits (31.86%) 32,879 Equipment and Supplies 12,500 Travel Mileage 7,250 Boat time 6,250 Sub-total 129,200 Administrative fee (16.1%) 20,800 Bookkeeping fees, audit fees, liability insurances, workers comp, unemployment, telephone, association services Total $150,000 $32,879 STATE Of NEW YORK DEPARTMENT OF STATE 4 I STATE STREet ALBANY, NY 1223 I-O00 I February 9, 2001 Honorable Jean W. Cochran Supervisor Town of Southold P.O. Box 1179 53095 Route 25 Southold, NY 11971-0959 Dear Jean: Thank you for submitting an application to the Department of State for a grant under Title 11 of the Environmental Protection Fund. I am pleased to tell you that the Town of Southold will receive a grant of $50,000.00 to undertake the Implementation of priority LWRP projects. The next step is to prepare a contract. A colleague from our Division of Coastal Resources in the Department of State will contact your office to develop a work program for the project. I wish you success in this endeavor. If you have any questions, please call Stephen Ridler at (518) 473-3942. Sincerely, Alexander F. Treadwell AFT:sp FEB Z Zu l ,Southold Town Planning Board WORK PROGRAM COVER SHEET Name and Address of municipality: Federal Tax ID#: A163554 Title of project: Department liaison: Community contact: Address (if different above): Tel. No. 631-765-1938 Department reviewer: Returned for revisions: Town of Southold P.O. Box 1179 53095 Route 25 Southold, NY 11971-0959 Implementation of Priority LWRP Projects Steve Ridler Valerie Scopaz P.O. Box 1179 53095 Route 25 Southold, NY 11971-0959 Fax No. 631-765 -3136 Date: Revision: Date: Revision: Approved: Date: Signature: Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel C. Supplies/Materials D. Equipment E. Contractual Services F. Other $ $0.00 $ $0.00 $ $0.00 $ $0.00 $ $75,000.00 $ $25,000.00 TOTAL PROJECT COST $ $100,000.00 Total State Funds ( 50 % of Total) Total Local Share ( 50% of Total) $ $50,000.00 $ $5O,OOO.O0 Describe the anticipated project costs for each of the above cost categories in detail on the following pages (i.e. the title and pay rate of municipal employees to work on the project, type of consultant to be retained, type of equipment and materials to be purchased). The Total of your BUDGET must equal the sum of the State Share and the Local Share as shown on the Contract Face Page. Note - If Clean Water Clean Air Bond Act State Funds, funds for this Project cannot be expended for personal services in other New York State agencies. ENVIRONMENTAL PROTECTION FUND APPLICATION FOR STATE ASSISTANCE PAYMENTS LOCAL WATERFRONT REVITALIZATION PROGRAM I. APPLICANT MUNICIPALITY: City Town Village of: Southold 2. APPLICANT MAILING ADDRESS: (no.& P.o. Box 1179 sll~ect) 53095 Route 25 4. CONTACT PERSON: Valerie Scopaz 5. PHONE: (631).765-1938 FAX:(631 ).765-3136 Also: valer±e, scopaz@southold, town.southold.ny.us 6. CONTACT MAILING ADDRESS (if different from applicanO : (no.& street) (city). Southold NY (zip) 11971-0959 (city).. (state) (zip) 3. FEDERAL TAX IDENTIFICATION NUMBER: A163554 1. PROJECT NAME: Coordinated Coastal Education & Awareness Program 2. PROJECT LOCATION: COUNTY: Suffolk USGS Map Attached 3. PROJECT TYPE: Select Project Type Waterfront Rediscovery Intermunicipal Waterbody Management Plan Preparation/Implementation Coastal Education and Tourism Programs General Local Waterfront Revitalization Program Preparation/Implementation 1. Proposed Start Date: 1/01 2. Expected Completion Date: 1/02 3. TotalProject Costs: $50,000.00 4 State Assistance Requested: $25~000.00 5. Local Match: $ 25,000.00 pART D ~w,~!sY~E$CRIB.E ]THE~ROPOSE~D~R~3E~: ~ ' In three sentences, describe the project type, purpose, and location; the need for the project; and what will result if the project is undertaken. The Coordinated Coastal Education and Awareness Program is designed to coordinate all forms of public outreach and education about Southold Town's coastal resources in a carefully focused effort whose over-riding goal will be to explain and promote key aspects of the Town's Local Waterfront Revitalization Program. Different forms of media and outreach techniques will be used to appeal to year round residents, summer residents and tourists as well as corporate or business enterprises. The program will consolidate ongoing and sporadic local and regional efforts to enhance public and corporate understandings of Southold Town's unique coastal resources and their relationship to the local economy, as well as to build immediate and long-term support for the implementation of the Local Waterfront Revitalization Program, some elements of which require active, but voluntary public participation and support. Municipal resolution is attached. I hereby affiun under penalty of perjury that information provided on this form and attached statements and exhibits is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal law. (print name) Jean W. Cochran (title) Supervisor of(entity) Town of Southold (Date) August 30, 2000 (signature) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON AUGUST 29, 2000: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute any and all necessary documents to file a grant application for funds from the State-of New York's Local Waterfront Revitalization Program in accordance with the provisions of the Environmental Protection Fund, in an amount not to exceed a total of two hundred thousand dollars ($200,000.); and be it FURTHER RESOLVED that upon approval of said request that Supervisor Jean W. Cochran be authorized to enter into and execute a project agreement with the State for such financial assistance to the Town of Southold. Southold Town Clerk August 29, 2000 PART F. WORK PROGRA1VI I Briefly describe the proposed project, including a description of the objectives to be achieved, problem(s) to be addressed, and anticipated environmental benefits of the proposed project. If the project is a construction project, describe, as appropriate, what will be constructed, the management practices or technology to be employed, and land ownership. Attach site plans and design drawings, if available, and include photographs of existing site conditions. Identify the project's component tasks or stages and their costs, and provide a schedule for their completion. Clearly identify the nature of the local funding match. Program Descripton: This program is designed to consolidate and enhance existing public outreach and education efforts within the Town of Southold. The program will focus attention on the role of the LWRP in protecting and managing the coastal resources of the Town, as well as in enhancing public access to and enjoyment of those resources. As outlined below, key elements of the LWRP, particularly those requiting public understanding and active participation (e.g. the Farm and Farmland Protection Strategy and the Water Supply Management and Watershed Protection Strategy) will be promoted in a continued series of public education and awareness campaigns throughout the year, as opposed to a one-shot round of public hearings. Successful implementation of the LWRP will require a sustained community as well as governmental effort. Southold Town has a long and proud tradition ofvolunteerism that is evident in several different facets of community life. Many people who live (and summer) in Southold still feel they that they, as individuals, can make a difference. This program is designed to tap into that wellspring of optimism and civic pride by broadening public understanding of the role or actions each individual can play or take to help local (and State) government protect and manage the unique and irreplaceable coastal resources of the Town. Program Objectives: Key objectives to be achieved include: 1. Improve and expand traditional avenues of public education through use of a wider and more interactive range of media and outreach techniques. 2. Strengthen public understanding of the role the LWRP will play in protecting Southold Town's natural resources and the economy. 3. Build public support for the ongoing legislative and procedural changes that will be needed to protect the key resources and to promote revitalization of and access to the waterfront. Enhance the effectiveness of the LWRP by encouraging a greater level of public participation in protecting the Town's natural resources, as well as enjoying them Wherever possible, a hands-on, roll-up-the sleeves, can-do approach to environmental protection, resource management-and waterfront revitalization will be emphasized. PART F. 'WORK PROGRAM Public Benefits: Anticipated benefits will go beyond that of enhanced environmental protection. A well- managed and protected environment is more likely to be a productive one; a situation which can have only positive ramifications for the local economy. Further, there also is a potentialpsychological benefit to the community that may arise from this program. In an age when many Americans, youth particularly, feel quite cynical about government, the proposed hands-on, roll-up the sleeves, can-do approach to managing and protecting environmental resources - offers an attractive alternative and a constructive outlet for these fxustrations. The end result will be better LWRP implementation and a better coastal resource for all to enjoy. Component Tasks: Identify short-term public education needs and appropriate media and outreach techniques. (Two examples of this are: public meetings to explain the general thrust of the LWRP program, and meetings to explain the purpose of new legislation or regulations that may be needed.) Identify long-term public education and awareness needs and appropriate media and outreach techniques. (Two examples of this are: ongoing outreach for purposes of encouraging voluntary preservation of wetlands, open space, agricultural lands, and unique scenic vistas and a series of.. awareness seminars for property owners about how to protect their groundwater from point source contamination.) Special attention will be given to youth-oriented outreach and participation programs, hopefully in conjunction with local school districts. Develop appropriate awareness campaigns based on the needs and priorities identified in Tasks # 1 and 2. Conduct the campaigns, and based on evaluations of their effectiveness, either replicate or change to improve them. Describe (if applicable) how the project proposed for funding complements related activities funded or proposed for funding under the Clean Water Clean Air Bond Act, the Envirom-nental Protection Fund, the TEA-21 Enhancement Program, and other sources of funds. (Submission of a chart or other graphic that shows how the proposed project is part of a larger plan of action is encouraged). This proposal will complement other ongoing activities or programs currently underway that in their own way address a component of the LWRP. The list below indicates the program activity, a one-line description and in parentheses, the funding source, if applicable. For further details on how these projects have been designed to reinforce one another, please refer to the Year EndReport and 2000 Strategy Report, attached as Appendix A. Local: Draft Local Waterfront RevitaliTJ~tion Program Specifically the *Farm and Farmland Protection Strategy, the Water Supply Management and Watershed Protection Strategy and the several environmental enhancement/protection projects underway pursuant to this program, e.g. road end improvements, public access projects and stormwater remediation projects. (See Appendix A for more description.) Harbor Management Plan: This study, completed in 1995, outlines strategies for generic and harbor specific management strategies. (NYS Environmental Protection Fund) ,Coastal Erosion Study: West of Mattituck Inlet to Horton's Point: Actually a series of studies meant to redress long standing erosion problems on Long Island Sound shoreline. (NYS Environmental Protection Fund) Design and Development of a Geographic Information System for Growth Management: This is a long-range program in effect since 1998 whereby the Town founded a GIS database for the purpose of enabling effective growth management to occur within the framework of the draf~ LWRP. (NYS Environmental Protection Fund) GIS Implementation: This is a program for facilitating the implementation of the aforementioned GIS using additional personnel assistance. (NYS Environmental Protection Fund) Scenic Byways Corridor Management Program: This is a strategy for managing the scenic resources within the main travel corridors within the Town. (NYS Department of Transportation ) SeaView Trails: This is an active program of trail identification and development and construction of on and off-road trails. (ISTEA-21) Part G. Complimentary Projects (Continued) *Community Preservation Project Plan: This is an active program of acquisition of key properties critical to environmental and scenic purposes. (Revenues from real estate transfer tax pursuant to New York State's Peconic Bay Region Community Preservation Act of 1998) * Both of these programs are coordinated with Suffolk County's Greenways Program for the purposes of maximizing public benefits of land acquisition or development rights acquisition projects. Regional Initiatives with A Local focus: North Fork Recreational Travel Needs Assessment: This is the North Fork (eastern Riverhead through Orient Point and Shelter Island) component of the NYS Department of Transportation's Long Island Transportation Plan 2000. (NYS Department of Transportation using ISTEA-21 funds) Sustainable East End Development Strategy: This is an East End regional consensus-building project that aims to deal with present and projected traffic problems through better, integrated land use planning and greater use ofintermodal connections on a regional level. (New York Metropolitan Transportation Council using TEA-21 funds) I H. COCAL WATERFRONTRE~ALIZATION PROG~~LEMENTATION I Briefly describe how the proposed project is consistent with the policies or implements a project identified in the Local Waterfront Revitalization Program. tf the proposal is for the preparation of a LWRP or a component ofa LWRP, describe the issues, opportunities, and resources that will be addressed; note any related recently completed plans. The proposed project is consistent with the overall goals of the State LWRP in that it will promote the State and local partnership role in protecting and managing coastal resources for the greatest public good. It also will enhance public awareness and encourage active public participation by residents and visitors alike, in protecting the environmental resources of the Town, all of which lies within the coastal area. Identify key personnel and briefly describe their qualifications. Valerie Scopaz, AICP, Town Planner- Oversees design and execution of long-range planning initiatives for Southold Town. Melissa Spiro, Land Preservation Coordinator - Oversees the implementation of the Farm and Farmland Protection Strategy,tithe Community Preservation Project Plan, a position which includes coordinating all preservation efforts between the Town and other funding sources, such as the State of New York, the County of Suffolk, the federal government and private land trusts or conservancy organizations. John Sepenoski, Technical Coordinator - Oversees the development, management and application of the GIS database for growth management, planning initiatives and land preservation. Construction projects should be achievable during the contract period. Indicate permits and approvals needed, status, and the expected issuance date, if they are not already acquired. N/A 3. SUPPLIES/MATERIALS (Describe and indicate cost by type). Media (print, film, video, photographs, posters, etc.) Mailings and other distributional costs Copies of materials SUBTOTAL StO,OOO.OO 4. EQUIPMENT (Describe and indicate the cost of each item). Unknow~ at this time. SUBTOTAL $ 5. CONTRACTUAL SERVICES (Describe services to be acquired and cost of each, if more than one type of service will be secured). Public relations or educational consultant to assist with design of presentations. Web-site designer. Film production services. Publishing services for printed material. SUBTOTALS 12,ooo.oo 6. OTHER (List professional volunteer services and time at market rate, and describe the services to be provided. List non-professional volunteer services and time at $10.00 per hour, and describe the services to be provided). SUBTOTAL $ Describe the nature of operation and maintenance~ and resources to be devoted to each. N/A 1. SALARIES & WAGES, including fringe benefits (List by title and affiliation) AMOUNT CHARGED TITLE ANNUAL SALARY TO THIS PROJECT Valerie Scopaz $58,000.00 $8,333.00 John Sepenoski $57~000.00 $8,333.00 Melissa Spiro $44~000.00 $8~333.00 SUBTOTAL $ 25,000.00 2. TRAVEL ~ndicate purpose a~d extent of travel and associated costs). To and from Fishers Island for public meetings - travel cost~ associated with production of publicity material, e.g. photography, especially aerial photographs or videos. SUBTOTALS 3,0oo.oo AppencF~x B (Budget Detail Sheet) A. SALARIES & WAGES TITLE GRANT APPLICATION HAD $50K IN-KIND SERVICES, THIS DOES NOT SEEM APPROPRIATE WHEN YOU ARE ALREADY COMMITTING FUNDS TO CORNELL AMOUNT CHARGED TO TH/S PROJECT SUBTOTAL C. SUPPLIES/MATERIALS D. EQUIPMENT SUBTOTAL $ 0.00 SUBTOTAL $ 0.00 SUBTOTAL $ 0.00 E. CONTRACTUAL SERVICES Services from Comell Cooperative Extension or other consultant: Mooring Management Plan ...................... $14,500 Erosion Management Measures ................. $4,000 LWRP Educational Program ................... $6,500 ADD ADDITIONAL CORNELL WORK $50,000 SUBTOTAL $ 75,000.00 F. OTHER Wetlands Legislation Reformulation......$25,000 To be conducted by a Wetlands Legislation Reformulation Committee consisting of Town officials, planners, citizens, regulators, and the business community. PLEASE SPECIFY #of people, #of hours - need to account for this money. Any consultant work on this? SUBTOTAL $ 25,000.00 D-3 APPENDIX D PROGRAM WORK PLAN Contractor: Town of Southold Program Contact Person:Valerie Scopaz, Town Planner Phone: (Office) 631-765-1938 (Fax) 631-765-3136 Implementation of Priority LWRP Projects 1. Project Description The Town of Southold has completed a Drat~ Local Waterfront Revitalization Program (LWRP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of prioity projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconie Estaury Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program. These include the preparation of mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, development of an educational program regarding the LWRP, and reformulation of wetlands legislation to address Board of Trustees needs. GRANT APPLICATION HAD $50K IN-KIND SERVICES, ~S DOES NOT SEEM APPROPRIATE WI-I~N YOU ARE ALREADY C~TINO'TOWlq ~q~D8 TO CORNELL - ADD AN ADDITIONAL DESCRIPTION OF CORNELL WORK THAT WILL BE MATCH.- The Town of Southold has developed a partnership and contracted with the Marine Program of Cornell Cooperative Extension of Suffolk County to complete this work. This will further work developed under previous LWRP grants from the EPF. Project Attribution and Number of Copies The applicant must ensure that all materials printed, constructed, and/or pmdueed reflect the Department of State, Division of Coastal Resources logo,and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphics, final design documents, and other printed materials. 3. Component Tasks ADD ADDITIONAL DESCRIPTION OF CORNELL TASKS AND WORK PRODUCTS D-4 THAT WILL BE MATCH. Task 1. Project Scoping The Town of Southold, the Department of State, and Comell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination of local responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee, determine its composition, A brief meeting summary will be prepared indicating the agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draft contract with Comell Cooperative Extension. The contract shall contain a detailed work plan with adequate opportunity to review stages in completion of the products, a payment schedule (payments should be tiedto receipt of products in the work plan), and a project cost. The draf~ contract will be submitted to the Department of State for review and approval. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Deaprtement of State. Product: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to release for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task 4: Consultant Selection (if required) D-5 In consultation with Department of State, the Town of Southold shall review all proposals received as a result of the RFP. The consultant selected is subject to approval by the Department of State. Product: Consultant selected. Task 5: Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct the work with the selected consultant. The contract will contain a detailed work plan with adequate opportunity to review stages in completion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to the Department of State for review. A copy of the final contract, incorporating the Deaprtment of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract Task 6: Project Scoping Session (if required) The Town of Southold, the Department of State, Cornelll Cooperative Extension and the consultant shall hold an initial meeting to review project requirements and site conditions and to transfer any information to the consultant which would assist in completion of the project. A brief meeting summary will be prepared to clearly indicate the agreements/understandings reached at the meeting. Product: Scoping meeting with appropriate parties. Meeting summary with note of agreements/understandings reached. Task 7. Town of $outhold Mooring Management Plan Collect and analyze existing data on the location and use of moorings, including collecting new data through the use GPS and GIS technology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. Examine location of moorings with regard to significant natural resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and natural resources. Examine location of moorings with regard to navigation channels, marinas and boat launches in order to avoid conflicts between moorings and other users of the water surface. Examine alternative mooring types and patterns, and develop alternative solutions to different mooring field D-6 problems found in the field analysis e.g., public moorings of alternative designs that permit greater control over siting and capacity. Finalize digital mooring maps for use by Town Trustees and Bay Constables to improve permitting and enforcement activities. The Mooring Management Plan will also review Town procedures for the issuance of mooring permits and provide recommendations for improvements to this procedure including monitoring and inspection of moorings and enforcement. The Mooring Management Plan will build on information contained in the Draft LWRP and the Town of Southold Harbor Management Plan 0995). Product: Town of Southold Mooring Management Plan, including digital mooring field data and mooring maps and procedures for mooring regualtions and enforcement. Task 8. Erosion Management Measures Digitize locations of, and analyze conditions at existing erosion control and slope destabilization sites on Town of Southold shorelines. Develop appropriate generic slope stabilization, regrading, and landscaping guidelines for use by property owners, builders, architects, and Town officials and incorporate these in the Town Code. Publish guidelines and disseminate information to property owners, builders, developers, architects, and appropriate Town officials. Product(s): Digital erosion site data; written guidelines on erosion control, code ammendments. Task 9. Reformulation of Wetlands Legislation SEEMS LIKE THIS SHOULD BE CONSULTANT SERVICES - THIS IS TOO MUCH FOR VOLUNTEERS TO UNDERTAKE - IF STAFF ARE TO DO THIS ADD BACK IN DOLLARS TO THE PERSONAL SERVICES SECTION OF BUDGET The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committe will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalties in Suffolk County. Using exisiting studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetalnd conditions in Southold and will also provide a benchmark against which future monitoring on the effectivenes of regulation and management can be based. D-7 The Committe will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. The Committee will make recommendations tot eh Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Idenitifed wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s). Task 10. Development of an LWRP Educational Program The Town of Southold will develop an LWRP Educational Program. This program will identify both short-term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. Product(s): Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports The Town of Southold shall submit to the Department of State quarteriy reports on the form provided, including the extent of work accomplished, any problems encountered, and any assistance needed. Ifa quarterly payment request is submitted, the quarterly report may be submitted as part of the payment request. Task 12: Project completion Upon completion of the project, the consultant shall submit a statement to the Town of Southold that the work has been completed in accordance with the contract and all permit requirements, where applicable. The consultant shall provide the municipality with all reports, analyses, data, GIS layers, and products as specified in this work program. The Department of State shall concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Department of State for final payment of grant funds. D-8 Products: Quarterly reports during the life of the contract. Task 13: Measurable Results The municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State. Product: Completed Measurable Results form. 4. Project Management Responsibilities: The Town of Southold is responsible for ensuring completion of all work program tasks, reporting on progress and obtaining required approvals from the Department of State, and providing the Department of State with copies of materials produced. The Town of Southold will secure all necessary permits and perform all required environmental reviews, where applicable. Cornell Cooperative Extension will complete tasks specified in an approved consultant subcontract and in project scoping agreements. Approval by the Department of State of any and all consultant subcontracts is necessary before work can commence. Approval by the Department of State is necessary before purchase of any equipment using grant funds. 2. Schedule D-9 Task De~-ription Task 1 - Project Task 2 - Contract preparation and execution T~k3- R~]uest for Proposal Task 4 - Consultant Selection Task 6 - Project Seopin~ Session Task 7- Mo~nin~ Mnna~.~,,~,tt plan Task 10 - LWRP Educational Pro,ram Exeeut~ conhact Selected eomultant Executed Contract T~kll - q~rt~ly Re~orts Taskl2 - Measurable results Measurable results form PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN ti. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 April 9, 2007 Laurissa Parent, Secretary 1 Division of Coastal Resources New York Department of State 41 State Street Albany, New York 12231-0001 Re: Implementation of Priority LWRP Projects (C006213) Dear Ms. Parent, As discussed, attached are the final documents necessary to complete the Town of Southold obligations for Grant C0006213; Implementation of Priority LWRP Projects (C0006213). They include: I. The Final Status Report with the following attachments: a. Amended Contract C0006213 2. Final Project Report with the following attachments: a. The Adopted Stormwater, Grading and Erosion Control Code b. The Draft Mooring Code 3. Measurable Results Form If you are in need of any more materials or have any questions, please contact me at (631) 765- 1938. Sincerely, p EnG. Cc: John Cushman, Comptroller FINAL PROJECT SUMMARY REPORT inal payment of the grant is dependent upon the satisfactory completion and acceptance by the Department of State, Division of Coastal Resources of this FINAL PROJECT SUMMARY REPORT along with the requisite documentation. In addition to the other requirements of the contract, the grant recipient is responsible to relay the importance, the significance and the value of the completed project to the community, the region and the state through the completion of the report. The following outline should be used to complete the FINAL PROJECT SUMMARY REPORT: 1. Project Title: Implementation of Priority LWRP Projects (6213) 2. Name of Municipality: Town of Southold Actual Project Costs:_ a. State funds expended (identify source, eg. EPF, Clean WateffClean Air Bond Act, etc.): $50,000.00 b. Local funds expended: $50,000.00 c. Other funds expended: (0) 4. Project Manager: Name: Title: Mailing address: Valerie Scopaz/Mark Terry Acting Department Head Southold Town Hall 54375 State Route 25 P.O Box 1179 Tel. number: (631) 765-1938 Fax number: ( 631 ) 765-3136 E-mail address: Mark. Terry~town.southold.ny.us 5. Federal Tax Identification Number: A163553 Project Background (briefly explain in a short paragraph why this project was necessary, what its value is and/or its importance to the community): The project allowed the Town to implement the Local Waterfront Revitalization Program (LWRP) by funding projects that contribute to the management and health of the Town's ecosystems. The value of the projects is diversified; the project amended Chapter 97 Wetlands and Shoreline, (now Chapter 275) of the Town of Southold Town Code. This task was an overdue step forward to integrate current wetland management techniques into the Town Code. The analysis of alternative approach for the management of moorings provided the groundwork to develop a responsible mooring management plan and the sedimentation and erison management measures has led to the development of a draft storm water code. 7. Project Work (briefly describe the work that was done to complete the project): The Town of Southold worked closely with a out-of-house contractor to build on information contained in the Local Waterfront Revitalization Program (LWRP) and the Town of Southold Harbor Management Plan (1995) to prepare analysis of alternative approaches for the management of moorings in the Town of Southold: The work involved the collection and analyzation of data on the location and use of moorings, iucluding collecting new data through the use GPS aad GIS technology to map locations of existing regulated and unregulated mooriug fields, creatiug digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. The product of the work is the analysis of alternative approaches for the management of moorings which provided the basis for the Draft Mooring Code (Attached). The Town of Southold evaluated alternative approaches to erosion and sediment management measures from other appropriate municipalities. Evaluation of alternative approaches to erosion and sediment management measures were compiled leading to a Dratt Storm Water Control Code which the Town Board is currently reviewing. (Attached) The Town Board established a committee consisting of Town Officials, regulators, planners, local citizens and the business community. The Committee was charged with the review of current wetland regulations and made recommendations to improve the regulation of wetlands in the Town. The product of the Committees work was the adoption of a revised Chapter 97 of the Town of Southold Town Code (Attached). The Town of Sonthold developed an LWRP Educational Program. This program identified both short-term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town then developed further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. The product of the work included short-term and long-term priority education programs planned and materials. Project Descriptions (use the following guidelines to describe the project and please be concise in the description): a. For a Planning Project describe the findings strategies recommended. b. For a Design Project describe what is to be built. c. For a Construction Project describe what was built. Project Measurable Results: To be completed on forms attached. Project Documentation: The Department of State, Division of Coastal Resources requires a visual documentation of the Environmental Protection Fund projects. Project products should be visually documented using a 35mm camera or a digital camera. The 35mm color slides and/or digital camera disc should be labeled and dated when submitted along with the completed FINAL PROJECT SUMMARY REPORT. Visuals should illustratc thc final project product and, as appropriate, activities undertaken to complete the project. For example, some projects would call for visuals that include photographs of volunteers participating in a wetland restoration project (planting Spartina); photographs of historical signs markers, kiosks, etc. being placed; or photographs of an artist's rendering of a waterfront design. Design, planning, and construction projects call for different visual documentation. Therefore, the following guidelines are suggested: For design projects, visuals of renderings and/or graphics that depict the final product. For planning projects, visuals of any graphics, where appropriate, that illustrate the final product. For construction projects, visuals of work in progress and the finished project. In addition to the 35mm color slides/digital camera disc, a video (vhs format) of the project with a verbal description is desirable but not mandatory. The video may be used in a future documentary. Projec~ Status Form Project Status Form OCIPIENT JECT TITLE Town o£ Southold CONTRACT # Implementation of Priority LWRP Projects (6213) Grant C006213 Status Report Date: 3/23/07 ** See guidelines on reverse side for completing this form ** Task Brief Task Description Date of Percent of # A/T Completion Completion Task Accomplishments Product Submitted to DOS 1 Project Scope 100% Project Scope 2 Contract Preparation and execution 100% Executed Contract 3 Request for Proposals NA No need to draft RFP 4 Consultant Selection NA No additional consultants were hired. 5 Contract Preparation and Execution NA No additional contracts are needed 6 Project Scoping Session 100% Project Scoping 7~nalysis of alternatives for the management moorings in the Town of Southold (2005) 100% Draft of Chapter 34 Mooring and Anchoring Code. Digital field data of mooring locations, mooring conflict assessment table and mooring permitting structure administered by the Town of Southold Board of Trustees. Note that Task 7 was Amended; see page D-4 of the attached amended contract. 8 Evaluation of Erosion Measures 2005 100% Erosion Management Measures Guidance Document; Visual Inventory of Southold Creek; Inclusion of "Erosion Management Measures" in Chapter 106: Subdivision of Land, Chapter 97 Wetlands and Shorelines rewrite, and the dissemination of nine DRAFT New York Standards and Specifications for Erosion and Sediment Control (2004) Best Management Practice sheets to the public Task was Amended; see page D-3 of the attached amended contract. 9 Reformation of Wetlands 2OO5 100% Revised Chapter 97 Wetlands and Shoreline of the Town of Southold Town Code 10 Develop of LWRP Educational Prog. 2005 100% Draft LWRP Educational Program Outline/Work Plan 11 Quarterly Report NA 100% Quarterly Reports ~ject Completion and Meas. Results. (2007) 100% Project completion analysis Laurissa Parent Final Report .doc ADJUS~TMENTS - Please indicate proposed adjustment(s) to work program/schedule, reason(s) for the proposed odjustment(s), and any other problems encountered during this reoortin~ period: See amended Tasks 7 and 8 in Appendix D. Program Work Plan attached. Person to contact if we have questions about the information provided on this form: Name: Mark Ten'y Email Address: Mark. Terrv~town.southold.ny.us Title: Principal Planner Affiliation: Town of Souhtold Phone: 631-765-1938 Fax: 631-765-3136 Guidelines for completing the Proiect Status Form Please fill out all items in the top section - Recipient, Contract #, Project Title, and Status Report Date. In the next section, list each task from the work plan of the Agreement and provide corresponding information for each. · Task # and Brief Task Description should agree with the tasks listed in the work plan of the Agreement. A/T should indicate if Date of Completion is the Actual completion date or the current Target Date for completion of the task. · Percent of Completion is the percentage that the task is complete as of the Status Report Date. · Task Accomplishments should be brief, but describe specific accomplishments for each task. ~Product Submitted should be "Draft" if the draft product has been submitted to DOS (or is being submitted with this eport), "Final" if the final product has been submitted to DOS (or is being submitted with this report), "None" if product has not yet been submitted, or "N/A" if not applicable. Alternatively, the specific product(s) submitted may be listed. Important things to consider when filling out this section of the Status Report Form: Tasks should match those in the work plan of the Agreement with DOS (not a subcontractor agreement). All tasks (including subtasks) in the work plan of the Agreement must be listed on each report submitted. All columns must be completed for every task. A task cannot be considered 100% complete until the required product is submitted to and approved by DOS. Task accomplishments should be as specific as possible (but brief). Status reports submitted with generic accomplishment entries will take longer to review by DOS and may not be accepted. Here are some tips on how accomplishment entries can be improved: Generic accomplishment entry: Advisory committee established. RFP issued. Consultant Selected. Final designs. Permits. Specific accomplishment entry: 8 person advisory committee was established and has met (6) times to 4ate. RFP was released through local papers and NYS Contract Reporter. 5 responses were received and ABC Construction Company, Inc. was selected. Certification of procurement procedures have been provided to DOS. Final Design & Construction Drawings (incorporating DOS comments of 11/5/05) were approved by DOS. Permit applications have been submitted to DEC and COE, copies are included with this report. Laurissa Parent Final Report .doc In the ADJUSTMENTS section - Indicate proposed adjustments to the budget, work program, or project schedule, and the reason why the adjustment is necessary. If any problems have been encountered during this reporting period, they should also Keep in mind that the information listed in this section should refer to this reporting period only. If an extension is requested on this form, the reasons provided should be detailed and specific. For example, requesting an extension to "complete the project" or "allow time to finish remaining tasks" is not acceptable. The information provided in this section should indicate specific reasons that tasks were delayed and/or problems were experienced. On the bottom of the sheet, please provide the Name, Affiliation, Email Address, Phone Number, and Fax Number of the person to contact if we have questions on the information provided on this form. If you submit this form by fax or email, there is no need to forward the original by mail. We only need to receive one copy of the report. If you have any questions, please contact Laurissa Parent at (518) 474-5559 or your DOS project manager at (518) 474-6000. Laurissa Parent Final Report .doc STATE OF NEW YORK DEPARTMENT OF STATE 41STAT~ STREET ALBANY, NY 12231-0001 ELIOT SPITZER GOVERNOR January 24, 2007 Honorable Scott A. Russell Supervisor Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re; Agreement #C006213 Implementation of priority LWRP projects JAN 2 9 2007 SUPERVISOR'S OFFICE TOWN OF SOUIHOLD Dear Supervisor Russell: Your request dated January 5, 2007 to amend the work program of the Agreement has been reviewed and approved. Enclosed is a copy for your file. If you have any questions please contact me at (518) 474-5559 or iparent~dos.state.ny.us. Enclosure cc: V. DeBraccio James McMahon John Cushman Truly yours, Laurissa Parent, Secretary O~vm mn'or' Coast atqtesources WWW.DOS.STATE.NY.US · E-MAIL:INFO(~DOS.STATE.NY.US Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel C. Supplies/Materials D. Equipment E. Contractual Services F. Other $ $19,291.00 $ $o.oo $ $0.00 $ $o.oo $ $80,709.00 $ $o.oo TOTAL PROJECT COST $ $100,000.00 Total State Funds (50 % of Total) Total Local Share (50% of Total) $ $50,000.00 $ $50,000.00 B-2 Appendix B (Budget Detail Sheet) A. SALARIES & WAGES TITLE ANNUAL SALARY AMOLrNT CHARGED TO THIS PROJECT Senior Environmental Planner $48,400.00 $9,307.00 Town Attorney $70,359.00 $464.00 Technical Coordinator $61,227.58 $1,480.00 Supervisor's Assistant $44,720.00 $1,229.00 Administrative Assistant $35,981.09 $989.00 Senior Environmental Planner $48,400.00 $984.00 Town Planner $60,035.87 $396.00 Fringe for above employees ~37% $136,225.00 $4,442.00 SUBTOTAL $19,291.00 B. TRAVEL SUBTOTAL $ 0.00 C. SUPPLIES~IATERIALS SUBTOTAL $ 0.00 D. EQUIPMENT SUBTOTAL $ 0.00 E. CONTRACTUAL SERVICES Services from Comell Cooperative Extension or other consultant: Bay and Creek Mooring Plaii - Analysis of alternative approaches Erosion Management Measures - Analysis of ~ltemative approaches Implementation Education Program Wetlands Reformulation SUBTOTAL $ 80,709.00 F. OTHER SUBTOTAL $ 0.00 Contractor: Program Contact Person: Phone: (Office) (Fax) APPENDIX D PROGRAM WORK PLAN Town of Southold Valerie Scopaz, Town Planner 631-765-1938 631-765-3136 Implementation of Priority LWRP Projects Project Description The Town of Southold has completed a Draft Local Waterfront Revitalization Program (LWKP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of priority projects that will improve the ability of the Town to manage its coastal resoumes and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconic Estuary Program, the Long Island Sound Study and the Long Island Sound COastal Management Program. These include the ~ia ~~ ~proaehes for th~ mam~ge~ of mom'iag~in ~ v~,,v-,,:-i .... f ...... i,.t~ v|--o ,%~ ~hc Peconic Estuary and associated creeks, .,,. sedimentation and erosion management measures, development of an educational program regarding the LWRP, and reformulation of wetlands legislation to address Board of Trustees needs. This will further work developed under previous LWRP grants from the EPF. The Town of Southold has developed a partnership and contracted with the Marine Program of Comell Cooperative Extension of Suffolk County to complete work related to the implementation of the Town's LWRP. This partnership will be extended to cover the tasks associated with this work plan. Project Attribution and Number of Copies The applicant must ensure that all materials printed, constructed, andJor produced reflect the Department of State, Division of Coastal Resources logo, and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title I 1 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphics, final design documents, and other printed materials. Component Tasks D-2 Task 1: Project Scoping The Town of Southold, the Department of State, and Cornell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination of local responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee, determine its composition. A brief meeting summary will be prepared indicating the agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draft contract with Comell Cooperative Extension. The contract shall contain a detailed work plan with adequate oppommity to review stages in completion of the products, a payment schedule (.payments should be tied to receipt of products in the work plan), and a project cost. The draft contract will be submitted to the Department of State for review and approval. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to release for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task 4: Consultant Selection (if required) In consultation with Department of State, the Town of Southold shall review all proposals received as a result of the RFP. The consultant selected is subject to approval by the Department of State. Product: Consultant selected. D-3 Task 5: Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct the work with the selected consultant. The contract will contain a detailed work plan with adequate opportunity to review stages in completion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to the Department of State for review. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract Task 6: Project Scoping Session (if required) The Town of Southold, the Department of State, Comell Cooperative Extension and the consultant shall hold an initial meeting to review project requirements and site conditions and to transfer any information to the consultant which would assist in completion of the project. A brief meeting summary will be prepared to clearly indicate the agreements/understandings reached at the meeting. Product: Scoping meeting with appropriate parties. Meeting summary with note of agreements/understandings reached. Task 7. AnalYsis Of alternative apProadh~S for the managem~t 0~moori~q~ in the Town of Southold M~,6, -'iig i',[,afihgz, iii~a~. :':aa In preparing analysis of alternative approaches for the management 0f~0orings in the Town of Southotd, the Town of Southold will focus on the Peconic Estuary and associated creeks the Town will: Collect and analyze existing data on the location and use of moorings, including collecting new data through the use GPS and GIS technology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. Evaluate examples of alternative approaches for the management of m0o~gg from other approp~ate communities. D~4 ............................ Th ana!ysi of alternative approaches for the management of moorings will build on information contained in the Draft LWRP and the Town of Southold Harbor Management Plan (1995). Department of State review of interim products and approval of final products is required. Product: Analysis of ~ternafive approaches ~ me ~a~ment of mo~gs Task 8. EvalUation of Erosion Management Measures The Town of Southold will evaluate alternative approaches t0 erosion a~ s~ent management pti ipaliti ....................... ~ measures from other appro ate munic es, =, ~,,,~,.,,,~ ~,,,~.,..,,~..~,.,.,.., .,,..o.,~o, .,,~ Product(s): Evaluation 0 f altemati:ve approach~s~ ~o~ ~ s~~agava~m Task 9. Reformulation of Wetlands Legislation The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committee will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalities in Suffolk County. Using existing studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetland conditions in Southold and will also provide a benchmark against which future monitoring on the effectiveness of regulation and management can be based. D-5 The Committee will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. Department of State review of interim products and approval of final products is required. The Committee will make recommendations to the Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Identified wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s). Task 10. Development of an LWRP Educational Program The Town of Southold will develop an LWRP Educational Program. This program will identify both short-term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. Department of State review of interim products and approval of final products is required. Product(s): Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports The Town of Southold shall submit to the Department of State quarterly reports on the form provided, including the extent of work accomplished, any problems encountered, and any assistance needed. If a quarterly payment request is submitted, the quarterly report may be submitted as part of the payment request. Products: Quarterly reports during the life of the contract. Task 12: Project completion and Measurable Results Upon completion of the project, the consultant shall submit a statement to the Town of Southold that the work has been completed in accordance with the contract and all permit requirements, where applicable. The consultant shall provide the municipality with all reports, analysis, data, G1S layers, and products as specified in this work program. The Department of State shall D-6 concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Department of State for final payment of grant funds. The municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State. Product: Completed Measurable Results form. 4. Project Management Responsibilities: Town of Sonthold · The Town of Southold is responsible for ensuring completion of all work program tasks, reporting on progress and obtaining required approvals from the Department of State, and providing the Department of State with copies of materials produced. · The Town of Sonthold is responsible for soliciting input and comments from key local official staff, project participants, and other appropriate interests. · The Town of Southold will secure all necessary permits and perform all required environmental reviews, where applicable. · The Town of Southold is required to conduct meetings at appropriate intervals from the outset of and during the project to solicit concerns, comments and suggestions. Meetings should involve appropriate local officials, the Department of State and other appropriate government agencies, the project consultant, and other appropriate interests such as property owners, waterfront businesses, other private sector interests, project volunteers, civic groups, and the public at large. Public participation should occur early and consistently in the process through informational meetings, workshops, project presentations Consultant(s) · The consultant shall submit interim, draft, and final products to the Town of Southold and the Department of State. The submission of interim products is required to ensure the project is on schedule and project objectives are being achieved. Subsequent draft reports and products must respond to and reflect comments received from the Town of Sonthold and the Department of State to the satisfaction of the Town of Southold and the Department of State. Department of State · The Department of State will review and approve the subcontract between the Town of Southold and the consultant. Approval by the Department of State of any and all consultant subcontracts is necessary before work can cormnence. · The Department of State shall participate in meetings that important to the project's completion · The Department of State will review all interim, draft, and final products and provide comments as necessary to ensure project objectives are achieved. Other Agencies · Appropriate local, county, state, and federal agencies will be consulted. Interagency workshops/meetings may be conducted to improve communication and understanding about project objectives and needs; gain support from government agencies for permitting and financing; coordinate government agency actions; and to foster the redevelopment process. Definition: Project Measurable Results Form Contract #C0006213 1 - Access/Recreation/Open Space Projects that increased the public's physical and visual access to coastal areas and improved recreation opportunities at these locations. l-la Number of new access sites planned: l-lb Area of new access sites planned: l-lc Number of new access sites planned for active recreational activities: 1-1d Area of new access sites planned for active recreational activities: 1-1e Number of new access sites planned forpassive recreational activities: 1-1f Area of new access sites planned forpassive recreational activities: 1-1g Number of new public trails (footpaths, bike paths, esplanades, etc.) planned: 1-1h Length of new public trails planned: 1-1i Length of shoreline to be made accessible by the planned new project: 0 0 acres 0 acres 0 acres 0 lin. ft. 0 lin. ft. 1-2h Length of existing public trails planned to be improved: 1-2i Length of shoreline to be made accessible by the planned improvement project: 1-2a Number of existing access sites planned to be improved: Area of existing access sites plarmed to be improved: 0 Number of existing access sites planned to be improved for active recreational activities: 1-2d Area of existing access sites planned to be improved for active recreational activities: 0 1-2e Number of existing access sites planned to be improved forpassive recreational activities: 1-2f Area of existing access sites planned to be improved forl~assive recreational activities: 0 1-2g Number of existing public trails (footpaths, bike paths, esplanades, etc.) planned to be improved: 0 0 0 acres 0 acres 0 acres 0 lin. ft. lin. ft. 1-3a Number of new access sites constructed: l~3b Area of new access sites constructed: 1-3c Number of new access sites constructed for active recreational activities: 1-3d Area of new access sites constructed for active recreational activities: 1-3e Number of new access sites constructed for passive recreational activities: 1-3f Area of new access sites constructed for passive recreational activities: 1-3g Number of new public trails (footpaths, bike paths, esplanades, etc) constructed: 1-3h Length of new public trails constructed: 1-3i Length of shoreline made accessible as a result of the constructed new project: 0 0 acres 0 acres 0 0 acres 0 0 lin. ft. 0 lin. ft. Number of existing access sites constructed: l-4b Area of existing access sites constructed: C006213 Measurable Results Form.doc.rtf 0 acres 1-4c Number of existing access sites improved for active recreational activities: 1-4d Area of existing access sites improved for active recreational activities: -4e Number of existing access sites improved forpassive recreational activities: -4f Area of existing access sites improved for passive recreational activities: 1-4g Number of existing public trails (footpaths, bike paths, esplanades, etc.) improved: 1-4h Length of existing public trails improved: 1-4i Length of shoreline made accessible as a result of the constmcted improvement project: 0 0 acres 0 0 acres 0 0 lin. fi. 0 lin. ff. 1-5a Number of new motor boat launches planned (e.g., a triple ramp = 3 launches): 1-5b Projected increase in daily motor boat launches due to new ramp(s) planned: 1-5c Projected increase in seasonal motor boat launches due to new ramp(s) planned: l-5d Number of new parking spaces planned for use with motor boat launch ramp(s): 1-5e Number of new launch ramps for car-top boats, canoes, kayaks, etc. planned: 1-5f Projected increase in daily car-top launches due to new ramp(s) planned: !-5g Projected increase in seasonal car-top launches due to new ramp(s) planned: 1-5h Number of new parking spaces planned for use with car-top launch ramp(s): 1-5i Number of new dock spaces planned for seasonal boater use: 1-5j Number of new dock spaces planned for transient boater use: 1-5k Number of new pump out stations planned: 1-51 Number of new pump out boats planned to be acquired: 1-6a Number of existing motor boat launches (e.g., a triple ramp = 3 launches) planned to be improved: 0 1-6b Projected increase in daily motor boat launches due to existing ramp(s) planned to be improved: 0 1-6c Projected increase in seasonal motor boat launches due to existing ramp(s) planned to be improved: _0 1-6d Number of existing parking spaces planned to be improved for use with motor boat launch ramp(s): 0 1-6e Number of existing launch ramps for car-top boats, canoes, kayaks, etc. planned to be improved: 0 1-6f Projected increase in daily car-top launches due to existing ramp(s) planned to be improved: 0 1-6g Projected increase in seasonal car-top launches due to existing ramp(s) planned to be improved: 0 1-6h Number of existing parking spaces planned to be improved for use with car-top launch ramp(s): 0 1-6i Number of existing dock spaces planned to be improved for seasonal boater use: 0 1-6j Number of existing dock spaces planned to be improved for transient boater use: 0 1-6k Number of existing pump out stations planned to be improved: 0 1-61 Number of existing pump out boats planned to be improved: 0 1-7a Number of new motor boat launches (e.g., a triple ramp -- 3 launches) constructed: l-7b Estimated increase in daily motor boat launches due to new ramp(s) constructed: 1-7c Estimated increase in seasonal motor boat launches due to new ramp(s) constructed: 1-7d Number of new parking spaces constructed for use with motor boat launch ramp(s): · 7e Number of new launch ramps for car-top boats, canoes, kayaks, etc. constructed: Estimated increase in daily car-top launches due to new ramp(s) constructed: 0 0 0 0 0 C006213 Measurable Results Form.doc.rtf 1-7g Estimated increase in seasonal car-top launches due to new ramp(s) constructed: 1-7i Number of'new dock spaces constructed for seasonal boater use: ~-7j Number of new dock spaces constructed for transient boater use: Number of new pump out stations constructed: 1-71 Number of new pump out boats acquired: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1-8a Number of existing motor boat launches (e.g., a triple ramp = 3 launches) improved: 1-8b Estimated increase in daily motor boat launches due existing ramp(s) improved: 1-8c Estimated increase in seasonal motor boat launches due to existing ramp(s) improved: 1-8d Number of existing parking spaces improved for use with motor boat launch ramp(s): 1-8e Number of existing launch ramps improved for car-top boats, canoes, kayaks, etc. constructed: 1-8f Estimated increase in daily car-top launches due to existing ramp(s) improved: 1-8g Estimated increase in seasonal car-top launches due to existing ramp(s) improved: 1-8h Number of existing parking spaces improved for use with car-top launch ramp(s): 1-8i Number of existing dock spaces improved for seasonal boater use: 1-8j Number of existing dock spaces improved for transient boater use: 1-8k Number of existing pump out stations improved: 1-81 Number of existing pump out boats improved: C006213 Measurable Results Form.doc.rtf January 26, 2007 DRAFT (New chapter) Chapter 34 MOORiNG AND ANCHORiNG 34-10. Mooring and anchoring. The Trustees of the Town of Southold (hereafter referred to as the Trustees) are authorized to regulate temporary anchoring and the installation of moorings for boats in Town waters. The Trustees' area of jurisdiction covers all tidal waters within the geographic boundaries of the Town. In Long Island Sound, the Trustees' regulatory jurisdiction extends to the New York - Connecticut State Line (Laws of New York 1881, Chapter 695 ). In the Peconic and Gardiners Bays, their regulatory jurisdiction extends to the Town's municipal boundaries with the Towns of East Hampton, Shelter Island, Southampton and Riverhead. Mooting and anchoring activities around Fishers Island are governed by Chapter 33 of the Southold Town Code. The use of moorings has increased to such an extent that the number of moorings can impair the fragile marine environment in the surrounding town waters and threaten safe navigation. The Trustees intend to restrict and regulate anchoring and mooring of vessels in Town Waters in order to ensure their orderly and safe placement. This law is intended to: A. Allow for the adoption of permit procedures for designating mooring areas. B. Assign mooring sites in Town waters, where appropriate. C. Ensure protection, restoration and/or reopening of shellfish beds, eelgrass and submerged aquatic vegetation (SAV) habitat through better location of moorings. D. Establish recommended guidelines to include minimum recommended mooring tackle standards to increase safety. E Facilitate the removal of illegal or abandoned moorings. F. To establish and designate areas in the Town of Southold wherein, the mooring, anchoring or placing of boats shall be prohibited. § 34-11. Definitions. For the purpose of this Article, the terms used herein are defined as follows: ABANDONED MOORiNG- Any mooring, to include mooring tackle and gear that is not used for a minimum of 30 days per year. BOAT or VESSEL - Any floating object capable of carrying people as a means of transportation in water, including any airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined in this chapter, with or without means of propulsion that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed devices located above or below the mean high water mark. This definition excludes floating docks, duck blinds and swim floats. BOATiNG ASSOCIATION- A legal entity with officers, a constitution and members whose primary purposes are to support safe boating principals and recreational sailing and/or power boating social or educational opportunities. BOATYARD - A commercial facility having the primary function of building, repairing and/or maintaining vessels, with or without provision for sales of food and beverages, general supplies, fuel, vessels and equipment, rental of space for berthing or storing vessels, the possible sale of boats or boating equipment and/or the rental of commercial moorings. CHANNEL - That portion of a waterway deep enough for the unobstructed navigation of boats; man-made or stabilized waterways designed for the navigation of watercraft. A channel may be marked by navigational aids permitted by the United States Coast Guard and/or the State of New York and/or the Town of Southold. FLOATiNG DOCK-Any structure, raft or floating platform which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. HOLDING MOORiNG - A mooring used by a boatyard, marina or yacht club for temporarily securing a vessel before its hauling or launching, and not for rental purposes. LENGTH, BOAT OR VESSEL-The measurement of boat or vessel length shall be made from the tip of the bow (bowsprit) to the rear edge of the transom (also referred to as Length Overall). MARiNA - Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other watercraft, other than floating homes, and which may also be capable of removing any and all watercraft moored or docked within the marina from the water for repair and/or storage. MOORiNG- Any of a number of different mechanical or cable-like systems the intended purpose of which is to permit the securing of a boat on the water surface to a fixed location. Said system typically consists of an anchoring device (mushroom or other) which is placed on the bottom of the water body and is connected to a floating device (i.e., ball) by cables and/or lines. MOORiNG AREA - Those underwater lands designated by the Trustees as areas exclusively for the mooring of boats or vessels. MOORING GRID - A configuration of mooring placements designed to optimize the utilization of the mooring area, based on a system ofx-y grid plane coordinates that can be used for defining and stating the geographic positions or locations of points on the surface of the earth within a given area. PENNANT- That length of line and/or chain which attaches on one end to the mooring ball and at the other end to the boat. RAFTING - Rafting means any group of two or more boats which are tied or congregated together, whether anchored, secured to one another, or adrift, but not including lifeboats or dinghies. RIPARIAN OWNER - The person or persons having title in fee to the adjacent upland parcel, ~vho possesses the common law right of reasonable access to adjacent navigable waters. STAKE AND PULLEY SYSTEM - A system consisting of an in ground or equivalent stake above the mean high water mark and a stake in the immediate adjacent waterways, both connected by lines and pulleys for the purposes of securing a vessel. TEMPORARY ANCHORING - The securing of a boat by means of an anchor for less than seven days within a single,water body. TOWN WATERS - All waters and lands under tidewater in any harbor, bay or creek, title to which and the fight of fishing in which is vested in the Town of Southold and/or the Board of Trustees of the Town of Southold; all bay waters extending to the Towns municipal boundaries with Shelter Island, Easthampton, Southampton, Riverhead and the Connecticut State line. TOWN CREEKS- All the creeks, coves, and water bodies including but not limited to - Brushes Creek, Budd Pond, Cedar Beach Creek, Conkling Point Creek, Corey Creek, Dam Pond, Deephole Creek, Downs Creek, East Creek, Fishing Shack Creek, Goldsmiths Inlet, Goose Creek, Great Pond, Gull Pond, Hallocks Bay, Halls Creek, Harbor Lights, Hashamomuck Pond, Hay and Broadwaters Coves, James Creek, Jockey Creek, Laurel Lake, Little Creek, Maratooka Pond, Marion Lake, Mattituck Creek, Mud Creek, Petty's Pond, Pipes Cove Creek, Richmond Creek, Sages Basin, School House Creek, Shellfisher Preserve, Town Creek, West Creek, West Harbor, Wickham Creek, Wunneweta Pond, and all bay waters under Town jurisdiction and all tidal waters upon lands within the geographic boundaries of the Town. TRUSTEES- The Board of Trustees of the Town of Southold VESSEL CLASS - A vessel designation based on design characteristics, and in particular, a group of vessels whose hull dimensions fall within established limits. YACHT CLUB - A legal entity established for the principal purpose of providing its members with water access to enable them to engage in recreational boating. The activities of such a "yacht club" shall be limited to its members and their guests and shall not be extended to the general public. § 34-12. Temporary Anchoring A. No vessel shall be anchored that it at any time rests within any channel, impedes the full use of any channel, interferes with any other anchored or moored boat, or lies within 50 feet of any dock, pier or other boat docking facilities or within 100 feet of any channel entrance, unless authorized by the Trustees. B. Anchoring shall not be permitted for a continuous period of more than seven consecutive nights in a fourteen-day period within an anchorage unless authorized by the Trustees. C. All waters in the Peconic Estuary have been designated as "No Discharge" Zones. As such, all vessels temporarily anchored overnight, which have as a part of their equipment a holding tank, must use their holding tank for the collection of waste. §34-13. Mooring and Anchoring Requirements A. No vessel shall be so moored or anchored that it at any time rests on the bottom or interferes with the full use of a channel, nor shall any vessel be moored or anchored so that it lies within 50 feet of any dock, channel, pier or other boat docking facilities, or within 100 feet of the entrance to any channel unless authorized by the Trustees. B. No vessel shall be moored or anchored in such a manner as to interfere with the use of moorings. C. Rafting on a single mooring wilt only be permitted for not more than three vessels, provided it does not interfere with adjacent single moorings or anchorages or navigation of other vessels. Owners or operators of rafted vessels shall employ sound judgment when leaving rafting unattended taking into consideration potential weather conditions. D. No vessel with persistent fuel, oil or other contaminant discharge shall be moored at any mooring or anchored. All vessel owners shall be accountable for contaminant discharge and violations. In addition, unattended vessels leaking contaminants may be removed from any mooring or anchoring to minimize environmental impact with towing/removal costs assessed to the owner of said vessel. E. All vessels operating in designated mooring fields must be operated at a speed no greater then 5 MPH. F. No vessel shall be moored at the end of any public lands or at the end of any road ending. §34-14 Mooring Assignments - General Rules for Town Waters A. Waterfront property owners may be permitted to install moorings, based on site-specific environmental and logistic considerations including, but not limited to depth, bottom type, shellfish populations, seagrass meadows, proximity to navigation channels, as determined by the Trustees. All moorings must be within the waterside boundary of their property and can be no greater then 200 feet seaward of the mean high water line. B. Others shall be permitted to moor their vessels only in designated mooring areas. C. Boatyards, marinas and yacht clubs shall be entitled to rental moorings and a maximum of two holding moorings in accordance ~vith the procedures set forth in this chapter based on site- specific environmental and logistic considerations including, but not limited to depth, bottom type, shellfish populations, seagrass meadows, navigational considerations and proximity to navigation channels. Boatyards, marinas and yacht clubs must provide a minimum of one parking space located on their property for each rental or holding mooring. Moorings shall contain the following conditions: 1. The mooring holder is responsible for installing and maintaining the appropriate mooring tackle to adequately secure the boat to the mooring. The mooring holder shall select a mooring and tackle that will adequately hold ground at that location under all expected conditions. 2. The mooring holder in gridded mooring areas shall guarantee that the pennant and chain length shall not cause the vessel to interfere with other moored vessels. 3. The installation and use of a mooring shall: a) Allow Town of Southold representatives to inspect the mooring at any reasonable time; b) Hold the Town of Southold, its authorized boards and officers blameless for any liability in connection with the mooting or the boat or vessel, and c) Agree that the Town shall not be responsible for the loss, theft or damage to vessels and or their contents nor damage to any other private property caused by moored vessels. §34-15. Moorings in Designated Mooring Areas Created by the Town A. The Town Board, in consultation with the Trustees, may establish the locations and perimeters of all mooting areas within Town waters for the use of vessel owners or riparian owners who are not permitted to place a mooring in water adjacent to their upland properties. Coordinates of each mooring area shall be mapped and on file in the Trustee's Office. The map must show the total area of each mooring area using length and width in feet. B. In designating Mooring Areas, the Town Board shall ensure that such areas may avoid navigation channels, general hazard to navigation, shellfish beds, shellfish sanctuaries, eelgrass beds, wetlands, submerged aquatic vegetation and State or Federal designated Significant Coastal Fish and Wildlife Habitats, and other environmental constraints, or other areas deemed by the Trustees to not be appropriate for placement of moorings. C. The hull dimensions applicable to each class of vessel or vessel type shall be used as a basis for configuring a mooting area grid that accommodates vessels having a wide range of dimensions. § 34-16. Moorings Associated with Boatvards, Marinas, and Yacht Clubs A. The Town Board shall designate mooting areas for the placement of moorings by boatyards, marinas, and yacht clubs, which place multiple moorings in the course of their business or instructional activities. B. Boatyards, marinas and yacht clubs may also maintain a maximum of two "holding moorings" used to temporarily secure boats before hauling or after launching. Transient and holding moorings shall be appropriately marked. All vessels in the mooting field must comply with any federal, state or local regulations, including but not limited to either the discharge of pollutants or required lighting at night. Marinas, boatyards and yacht clubs must provide a minimum of one parking space on their property for each rental mooring. § 34-17. Mooring Equipment Recommendations It is recommended that the following mooring standards be followed: 1. All mooring buoys shall be clearly visible and white with blue strip above the waterline and shall be a minimum of twelve inches in diameter. All moorings shall have a cimle of reflective tape around the circumference and above the waterline. 2. All mooring markings shall be in black, be not less than 3 inches in height and shall be clearly visible at all times between dawn and sunset. 3. Rental mooting buoys shall clearly be marked with a 3 inch "R". 4. Holding mooring buoys shall clearly be marked with a 3 inch "H". B. Recommended Dimensions: The following table is recommended minimum tackle designs. The applicant bears responsibility for adequate tackle to hold under ali expected conditions. Length at Weight of Diameter of Diameter of Pennant Nylon Waterline Mushroom Top Half Bottom Half Buoy Rope of Boat Anchor of Chain of Chain Diameter Diameter (feet) (pounds) (inches) (inches) (inches) (inches) under 16 100 5/16 3/8 15 1/2 16to 19 200 5/16 3/8 15 1/2 20 to 24 250 3/8 ~/2 15 5/8 25 to 29 350 1/2 5/8 15 3/4 30 to 34 500 1/2 5/8 15 3/4 35 to 39 700 1/2 5/8 15 7/8 40 to 50 1000 5/8 3/4 18 1 *NOTE: 1. Shackles, swivels, etc., should be the next size larger than the chain size. 2. All buoys shall have swivels located not more than halfway down the rode. 3. All shackles must be safety wired with either wires or plastic cable ties. 4. All vessels shall have appropriate chaffing gear on pennant lines. 5. No person(s) or corporation shall tamper with or move any mooring not owned or under the control of that person or corporation unless under the direction of the Bay Constable or Director of Code Enforcement. § 34-18. Mooring maintenance. A. It is recommended that moorings should be inspected yearly. Moorings should be raised and/or inspected at least once every three years. B. If unsafe conditions exist or the mooring is abandoned, the Trustees shall order and direct the removal of the tackle. In the event that the owner fails to remove the tackle within 10 business days of receiving notice from the Town, the Town may require the tackle to be lifted and removed. The expense of such removal shall be a lien and charge on the property of the boat owner until paid, and shall be collected in the same manner and the same time as other Town charges. If, in the opinion of the Trustees, the Bay Constable or the Director of Code Enforcement a mooring poses an immediate danger, it may be immediately moved at the owner's expense without notice to the owner. C. Notwithstanding the foregoing, the Trustees shall have the authority to require a mooting holder to relocate a mooring if it determines that there are compelling reasons requiring a relocation § 34-19. Pre-existing Moorings A. For the purpose of this Chapter, any mooring existing at the time of the effective date of this local law, which shall be made nonconforming in any respect (i.e.-location, tackle or boat size) at the passage of this local law, may be continued provided it is located within a designated mooring field. All pre-existing moorings located in Town waters other then in Town creeks at the time of the effective date of this local law will be required to comply with all portions of this local law. It may be necessary for a pre-existing mooring to be moved within a designated mooring field, or to move to an alternate designated mooring field. B. All moorings that are not used for at least thirty (30) days per year may be subject to removal by the Trustees. § 34-20. Enforcement A. It shall be the duty of the Bay Constable, Director of Code Enforcement, the Trustees, and their deputies and assistants to administer and enfome the provisions of this chapter. The Bay Constable and Director of Code Enforcement shall have authority to control temporary anchoring and the use, placement, relocation and removal of moorings and vessels attached thereto. Additionally, the Bay Constable and Director of Code Enforcement have the authority to suspend further use of the mooring until violations are corrected. Notice of violation. 1. Whenever the Bay Constable or Director of Code Enforcement has reasonable grounds to believe that operations regulated hereby am being conducted in violation of the provisions of this chapter, they shall 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. 2. Such notice shall be in writing, shall specify the violation and shall state the conditions that 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 their right to apply for a hearing before the Trustees, as hereinafter provided. 3. Such notice shall be served upon the person to whom it is directed by delivering it to them personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to their last known address. 4. The Bay Constable or Director of Code Enforcement 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. 5. 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 Bay Constable, Director of Code Enforcement, Town Attorney, or Assistant Town Attorney, the mooring holder is subject to possible criminal action and the Town may require the immediate removal of the mooring. 6. It shall be unlawful for any person served with a notice of violation to fail to comply with such notice. Hearing. 1. 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 with the Clerk of the Trustees within ten (I 0) 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. 2. The Clerk of the Trustees 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 (5) days notice of the time and place thereof. 3. At such hearing, the person requesting the same or their representative shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. 4. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and determination of the Trustees. § 34-21. Penalties for Offenses. A. It shall be unlawful for any person or their agents 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 Bay Constable or Director of Code Enforcement to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For every 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 the Bay Constable or Director of Code Enforcement within the time fixed for compliance therewith, the person 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 Bay Constable, Town Attorney, Assistant Town Attorney or Director of Code Enfomement shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding one thousand dollars ($1,000). Each day's continued offense shall constitute a separate, additional violation. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. RESOLUTION 2007-298 ADOPTED DOC ID: 2665 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-298 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2007: WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of January, 2007 a Local Law entitled "A Local Law in relation to Stormwater~ Grading and Drainage Control" 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, therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Stormwater~ Grading and Drainage Control" which reads as follows: LOCAL LAW NO. 9 of 2007 A Local Law entitled, "A Local Law in relation to Stormwater~ Grading and Drainage Control". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 236 of the Code of the To~vn of Southold is hereby adopted as follows: § 236-1. Title. This local law shall be known as the "Stormwater, Grading and Drainage Control law". § 236-2. Statutory Authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. § 236-3. Purpose. It is the purpose of this local law to promote and protect, to the greatest extent practicable, the public health, safety and general welfare by: Resolution 2007-298 Board Meeting of March 27, 2007 (a) Minimizing soil erosion, sedimentation and stonnwater runoff; (b) Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including wetlands, which contribute to the accommodation of flood wa ers and retention of sediment; (c) Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; and (d) Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and discharge onto public lands, neighboring properties or natural protective features. (e) Promoting the recharge of stormwater into the fresh water aquifer to protect the drinking water supply and minimize salt water intrusion. § 236-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. BEST MANAGEMENT PRACTICE - Procedures and methods pertaining to construction activities which are intended to prevent stormwater runoff, retain valuable topsoil and minimize water pollution. BUILD1NG INSPECTOR - The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CLEAN FILL - Naturally deposited earthen material from an approved upland borrow source. CONSTRUCTION - The siting, building, erection, extension, or material alteration of any structure the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. DEVELOPMENT - Any man-made change to improved or unimproved real property including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and Updated: 3/30/2007 10:30 AM by Lynda Bohn Page 2 Resolution 2007-298 Board Meeting of March 27, 2007 other services, and creating landforms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas. DISCHARGE - to emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any. DRAINAGE SYSTEMS - Includes gutters, swales, pipes, conduits and superstructures (e.g., drywells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal. EROSION - The wearing away of land as a result of the action of natural forces or man-related activities. EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN - A drawing showing the proposed use of the site and the methods, techniques and improvements, both during and after construction, that will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best management practices. Where the nature of the existing conditions and proposed activities warrant, the Building Inspector may require that such plan be prepared by a registered design professional licensed in the State of New York. EXCAVATION - The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLING - The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. GRADING - The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses. ILLICIT DISCHARGES - Illicit Discharges shall include but not be limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. IMPERVIOUS SURFACE - Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to, structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures. Updated: 3/30/2007 10:30 AM by Lynda Bohn Page 3 Resolution 2007-298 Board Meeting of March 27, 2007 MUNICIPAL PERMIT - Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold including but not limited to permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals. NATURAL DRAiNAGE - The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL WATERCOURSE - The route farmed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED - An area of land which in its natural state and prior to any man- made change, and due to its topography and geology, drains to a particular location within that area. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of flooding that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one- percent chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. RESPONSIBLE PARTY - Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this local law. SEDIMENTATION - The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. SITE PREPARATION - The activities of stripping, clearing, grabbing, excavating, filling, and grading to facilitate construction or other use of the land. STORMWATER RUNOFF - That part of precipitation that flows over the land surface. STRIPPING - The process of mechanically scraping away topsoil. STRUCTURE - Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. TOPSOIL - The uppermost layer of soil, usually the top 15-20 cm, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs. § 236-5. This local law shall apply to all property within the Town of Southold, and shall govern: A. All grading, drainage and erosion control, whether or not a permit is required; Updated: 3/30/2007 10:30 AM by Lynda Boh3~ Page 4 Resolution 2007-298 Board Meeting of March 27, 2007 B. All new or replaced impervious surface and all land disturbing activities, whether or not a permit is required; C. All discharges directly or indirectly to a highway or public right of way, public drainage control system, neighboring property, wetland or public waterway; and D. All new and existing land uses within the Town. § 236-6. Discharges. All discharges within the Town are subject to this subtitle unless explicitly exempted. Conduct exempted from this subtitle include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. § 236-7. Prohibited Discharges. The following discharges are prohibited: B. C. D. E. Discharges to public highways and rights-of- way. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of this Town Code. Discharges from private properties to adjoining properties, without express pemfission. Discharges to public drainage control systems and networks, without express permission. Discharges of illicit liquids to any of the areas listed above and any other area ~vithin the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. § 236-8. Requirements for all Stormwater Discharges. For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all mn-off generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town Drainage Control Systems and Public Right-of-Ways. D. Maintaining and protecting Natural Drainage patterns. E. Maintaining and protecting Natural Watersheds. § 236-9. Requirements for all Land Disturbing Activities or Impervious Surfaces. All land disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls, and shall be required to contain a 2" rain fall on site, even where a Drainage Control Permit is not required under this Chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector that the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. Updated: 3/30/2007 10:30 AM by Lynda Bohn Page 5 Resolution 2007-298 Board Meeting of March 27, 2007 § 236-10. Activities Requiring a Drainage Control Permit. None of the following activities shall be undertaken until a Drainage Control Permit has been issued under the provisions of this local law. 1) 2) 3) 4) 5) Grading or stripping which affects more than five thousand (5,000) square feet of ground surface. Excavation or filling involving more than two hundred (200) cubic yards of material within any parcel or any contiguous area. Site preparation on slopes which exceed ten (10) feet of vertical rise to one hundred (100) feet of horizontal distance. Site preparation within one hundred (100) feet of wetlands, beach, bluff or coastal erosion hazard area. Site preparation within the one hundred (100) year floodplain of any watemourse. The following activities shall be exempted from such review: 1) 2) 3) 4) Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional on-site generated runoff or degradation of any lands or water beyond the boundaries of the property involved. Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this local law as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this local law shall be obtained. Routine maintenance or repair work on public or private roads or utility line rights-of- way ~vhere interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces. Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of groundwater. § 236-11. Compliance. Where a Drainage Control Permit is required by this Local Law, all development, construction, excavation and landscaping activities shall be conducted in accordance with an approved Erosion, Sedimentation and Stormwater Runoff Control Plan, and all other requirements of this local law. Where a Trustee permit, subdivision plat or site plan approval has been obtained and drainage has been addressed, the Building Inspector may consider such approval in satisfaction of these requirements, except that all development on individual lots in an approved subdivision shall remain subject to these requirements on an individual basis. 36-12. Application Process. ~ted: 3/30/2007 10:30 AM by Lynda Bohn Page 6 Resolution 2007-298 Board Meeting of March 27, 2007 a) Any applicant for a municipal permit to conduct a development, construction or excavation activity within the Town of Southold shall complete a Stormwater Assessment Form to assist in determining compliance with this local law. Applicants that meet the threshold set forth above and require a Drainage Control Permit shall also submit an Erosion, Sedimentation and Stormwater Runoff Control Plan to the Building Inspector. b) Upon receipt by the Building Inspector of any application for a Drainage Control Permit to conduct any activity regulated by this law, the Building Inspector may refer the proposed Erosion, Sedimentation, and Stormwater Runoff Control Plan to the Town Engineering Department for comment and recommendation. No municipal permit that shall be issued for activities requiring a Drainage Control Permit, nor shall any application therefor be deemed complete, until the Building Inspector has first issued its approval of the Erosion, Sedimentation and Stormwater Runoff Control Plan. c) Such plan may contain the following elements, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: 1) 2) 3) A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one (1) inch showing the relationship of the site to its general surroundings. A plan of the site drawn to a scale of not less than one hundred (100) feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within five hundred (500) feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five (5) feet where the slope is ten percent or greater and not more than two (2) feet where the slope is less than ten percent, soil characteristics, location of wooded areas, the depth to seasonal high watertable and a copy of the Soil Conservation District soil survey where available. Location and description of proposed changes to the site and existing development on the site, which includes: a) all excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved; b) all areas requiring cleating, identified as to the nature of vegetation affected; c) all areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; d) all temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; e) all temporary and permanent stormwater runoff control measures including soil stabilization techniques and stormwater drainage and storage systems including ponds, recharge and sediment basins (identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet); f) the anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system; g) the location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and Updated: 3/30/2007 10:30 AM by Lynda Bohn Page 7 Resolution 2007-298 Board Meeting of March 27, 2007 h) the final contours of the site at intervals of no greater than two (2) feet. 4) A schedule of the sequence of installation of planned soil erosion, sedimentation and storm~vater runoff control measures as related to the progress of the project including anticipated starting and completion dates. § 236-13. Performance Standards for Approval of Erosion, Sedimentation and Stormwater Runoff Control Plans. a) b) c) d) e) g) i) J) The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff. Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the NYS DEC SPDES Program in effect. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than thirty (30) days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site cleating, construction and restoration. Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right of way attendant to an adjacent Town highway, at the applicant's expense. During the construction period, disposal of stormwater runoff generated by development activity shall be handled on-site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along waterbodies, including wetlands and marshes, if one is imposed by the Board of Trustees. If necessary, other forms of erosion control Updated: 3/30/2007 10:30 AM by Lynda Bohn Page 8 Resolution 2007-298 measures will also be included. k) 1) m) n) o) p) q) r) s) t) u) v) w) x) Board Meeting of March 27, 2007 Natural land features such as shallo~v depressions shall be used, wherever possible, to collect stormwater on-site for recharge. Site designs shall minimize impermeable paving. Stormwater runoff shall not be directly discharged to surface waters, marshes and ~vetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that ~vould undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. The elevation of a wetland shall not be altered. No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. Trails and walking paths along waterbodies shall be sited and constructed so they are not a source of sediment subject to the approval of the Board of Trustees. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, storm water shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. Natural flood plains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and flood waters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. No land having a slope equal to or greater than twenty (20) percent shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained To stabilize soils and reduce the volume of stormwater overflow. On lands having slopes of less than twenty (20) percent, but composed of highly erodible soils, development proposals shall include consideration of the load-beating capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. All permanent (final) vegetation and mechanical erosion control measures called for in Updated: 3/30/2007 10:30 AM by Lynda Bohn Page 9 Resolution 2007-298 Board Meeting of March 27, 2007 approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the municipal permit issued therewith. § 236-14. Approved Plans. Plans approved by the Building Inspector in conjunction with the issuance of a Drainage Control Permit shall also be filed with the County Clerk indicating that such plans are binding as against future purchasers, granting the Town permission to enter the property for compliance enforcement purposes, and containing a summary of the plan's requirements. § 236-15. Variances. A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon receipt of an application from a property owner which meets the criteria for an area variance set forth in §267-a of the Town Law. § 236-16. Inspection, Restoration, Certificate of Occupancy and Fines. a) Inspection Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the Building Inspector to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this local law. b) Restoration. Any clearing, excavation or development of land in violation of this local law shall be corrected forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. c) d) Certificate of Occupancy. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily done. Fines. Any responsible party undertaking clearing, excavation or development of land in violation of this local law, or falsifying information in connection with the requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). Such person shall be deemed guilty of a separate offense for each day during which a violation of this local law is committed or continues. e) Enforcement. The Director of Code Enforcement and/or the Building Inspector are responsible for Updated: 3/30/2007 10:30 AM by Lynda Bohn Page 10 Resolution 2007-298 Board Meeting of March 27, 2007 enforcement of the provisions of this Chapter, and have the authority to issue violations of this Chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided fines, the Town Board may authorize 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. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Updated: 3/30/2007 10:30 AM by Lynda Bohn Page 11 January 11, 2007 Balances outstanding from Southold Town. Contract Name/Number Invoice Date /Southold Creeks (C006355) 8/31/06 ~.,~Southold Creeks (C006355) 10/31/06 LWRP (C006213) i)rq~ct~o,l~ soo. 3/30/06 Stormwater Management 8/31/06 10/31/06 Amount ,( ,500.00 $ 8,310.98 11,888.68 423 Griffing Avenue Riverhead, NY 11901 Town of Southold, New York - Standard Voucher Payee Tax Identification Number Cornell Cooperative Extension of SC orSocial Security Number: 11-6081424 ?ayee Reference G485 ln¥otce Date 11/30/06 PO Date ,n",:ce Number 1048 Furchase Order Number PhoneNo (631 ).727-7850 ¥'endor ComactLorne Brousseau Christine Christie - Asst. Bookkeepe Cash Discount % Days Item Number Description of Matenals / Semites Qu~t/ty Unit Price Amount 1 Salaries 87.42 2 Equipment 6~004.48 3 Travel 10,000.00 4 Administrative Expense 2,091.95 Total 18,183.85 Net 18,183.85 Payee Certification The undersigned (ClaJmar~'~J/ng on behalf of the above named claimant) does hereby certify that the foregoing claim is true and correct and that no/c~[een paid. except as therein stated, and that the balance therein stated is actually due3nd owing. Signature /' /~,,~ Title Executive Director Dated Department Certification I hereby certify that the materials above specified have been received by me in good condition without substitulion, the services properly performed and that the quantities thereof have been verified with the exceptions or discrepancies noted, and payment is approved Signature Title Dated SOUTHOLD CREEKS TOWN OF SOUTHOLD 10/15/06-3/31/08 G485 BUDGET LINES AMOUNT Expenses CUMM BUDGET 11/1-11/30/06 EXPENSES BALANCE Salaries L. Brousseau 5,000 0.00 1,743.96 3,256.04 R. MacNish 15,000 0.00 10,644.54 4,355.46 C. Smith 6,000 0.00 0.00 6,000.00 Tech 15,700 87.42 646.86 15,053.14 Travel Boat Time 10,000 10,000.00 10,000.00 0.00 Mileage 2,000 0.00 0.00 2,000.00 Equipment Usage Cameras 2,500 2,004.48 2,500.00 0.00 Editing 4,000 4,000.00 4,000.00 0.00 GIS 5,000 0.00 3,240.00 1,760.00 ~.dmin Fee 9,783 2,091.95 4,260.80 5,522.20 ¥OTAL 74,983 18,183.85 37,036.16 37,946.84 DOCL-MEN]'A PION I:ORMS I<1~ C [>llC~ [ Cornell Cooperative Extension CON FIL4. CT # of Sfiff6Ik cbuntY ILIiPOP.'IINGPERIODEX, DINGDATE: llJl/06 - 11/3_0/~ 06 I. F~ [ GItT}TXPENDI i I liE DATA CalTlulatlve Curt'eat Expenditures Expenditures Available Budget Documented Documented Balance to Amount this Report to Date Document (1) ~2) (3) (I ~) A i~eronal Seca, ices [3 k-nir~e Benefits 41,700.00 87.42 13,035.36 28,664.64 O. O0 O. O0 O. O0 O. O0 C Tra:el __1_2., 00q,__0_0_ 10,~000.00 __ ~0~, 00_ 0.~ 90 2,000.00 .. D Supplies and Materials 0.00 0.00 0.00 0.00 E. Equpment 11,500.00 6,004.48 9,740.00 1,760.00 F. Contractual Se~wices 9,783.00 2~091.95 4,260.80 5,522.20 G. Other 0.00 0.00 0.00 0.00 74,983.00 18,183.85 37,036.16 37,946.84 TOTAL II. CERTIFICATION [ certify that: 1) thc above claim as detailed on attached Foi~qs 2 tlu'ough 4 is just, nne and correct; that the amount claimed accurately represents the expenses as recorded in our accounting records; 2) where wink perfbuncd by persons not parties to the above-referenced Agreement; that those persons intended to be compensated have been compensated; we are in compliance w/th all applicable p~ovisxons o£ the above-referenced Agleement; the attached nanative report accurate represents project accomplistzments; documented expenditures have been made solely fo~ the proposes of the "Project" as described iii E :hibd B of the above-ieferenced Agreement; and I a~.~ []~e responsible ~epresentative authorized to ceiti~, this clam~. Original Signature 5~ Thomas B. Williams, Executive Director Name ~fitle PRO,I~ECTNtRI~..~FI\EI)ET\ii!\GpRO,/]£(-~ XC(OMPLISHMENTS SEE ATTACHED Town of Southold Visual Shoreline Inventory Peconic Estuary and Lon~ Island Sound Task 1 Objective: The Peconic Estuary and Long Island Sound shoreline will be videotaped using Sony's VX1000 digital video camera and/or Sony's PC 100 digital video camera, data will be stored on high quality miniDV media. The above shoreline has been divided into 10 reaches as delineated by the Town of Southold's Local Waterfront Revitalization Plan (LWRP). Progress: For the period 7/1/2006 - 12/31/2006, the video footage has been obtained for all I0 reaches, thereby capturing all the Southotd shoreline. Task 2 Objective: Images of structures, such as houses and docks, will be extracted from the video and saved as jpegs. These images will subsequently be hyperlinked into a GIS database and linked to the appropriate tax map parcel. Additional GIS layers such as aerial photos will be incorporated into the database. Progress: For the period 7/1/2006 - 12/31/2006, jpegs from Reaches 9,8,7,6, 5 and 4 have been extracted and incorporated into the database. Task 3 Objective: The miniDV media will be convened into formats which can be more readily utilized by Town employees. Each miniDV will be convened and coping onto a DVD which can be read by any computer with a DVDROM drive. The video will also be highly compressed and convened to a simple desktop player format such as mpeg or avi. The compressed videos will be hyperlinked into the database. Progress: For the period 7/1/2006 - 12/31/2006, video conversion and compression has 'not commenced. We are currently testing compression software to determine which best meets our requirements. FORM 2 -Expenditure Detail for Ibis Payment Request. l:l,e descriptive and specific. 5~ 6. 7. 8. PERSONAL SERVICE REQUEST TITLE Scot_t_ Hughes Technician PAY PERIODS FROM - TQ 10/12/06- 10/25/06 SUBTOTAL 10. 11. B. FRINGE BENEFIT BREAKDOWN AMOUNT CtlARGED TO THIS PROJECT 87,42 $ 87.42 Boat Usage 40 Days @ $250.00/day $10,000.00 Subtotal $ 10,0000.0~0~ .~ ~). gI:PPLf ES~%~[ATEPd.~LS Subtotal $ E..EQU1P~IEN ~ Camera Usage Editing $2,004.48 $4,000.00 6,004.48 Cornell University Cooperative Extension of Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, New York 11901-3071 t. 631.727.7850 f. 631.727.7130 November 30, 2006 Mr. James McMahon Town of Southold 53095 Main Road Southold, NY 1197l Re: Southold Creeks Project INVOICE Boat Usage 40 days ~ $250 per day Camera Usage 10/15/06-11/30/06 Editing 10/15/06-I 1/30/06 $10,000.00 2,004.48 4,000.00 TOTAL $16,004.48 Comell Cooperative I~xtension in Suffotk County provides equal program and employment opportunities. F. COs[RACI'UAL SERVICES gornell goopsrative Extension o~ Suffolk County $2,091.95 5en'icc?ovicR~d Administrative Expense Submlal $ 2,~091.~95 .... VOLUNTEER SERVICES Cornell University Cooperative Extension of Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, New York 11901-3071 t. 631.727.7850 f. 631.727.7130 November 30, 2006 Town of Southold Southold Town Hall 53095 Main Road PO Box ! 179 Southold, NY 11971 SOUTHOLD CREEKS PROJECT Administration fee for the period 11/1 through 11/30/06 $2,091.95 Cornel] Cooperative Extension in Suffolk County provides equal program and employment opportmfifies. Terr]/, Mark From: Sent: To: Subject: Laurissa Parent [Iparent@dos.state. ny. us] Tuesday, January 09, 2007 1:45 PM Terry, Mark Re: FW: Amendment for contract C006213 Just a standard voucher for $12,500. Laurissa Parent, Secretary 1 Department of State Division of Coastal Resources Phone (518) 474-5559 Fax (518) 473-2464 Email lparent@dos.state.ny.us >>> "Terry, Mark" <mark.terry@town.southold.ny.us> Friday, January 05, 2007 2:24 PM >>> The Supervisor has approved the amendment via this email for Contract C006213. DO you need anything else to issue the final payment? My records show that $12,500 is the outstanding balance. ..... Original Message ..... From: Russell, Scott Sent: Friday, January 05, 2007 12:43 PM To: Terry, Mark Subject: RE: Amendment for contract C006213 I have reviewed the documents and authorize the same. to all intereseted parties. Thank you, Scott A. Russell Can you please forward my approval ..... Original Message From: Terry, Mark Sent: Wednesday, January 03, 2007 3:33 PM TO: Russell, Scott Subject: FW: Amendment for contract C006213 Scott, The Department of State needs your approval via email on the amendment to the Contract C0006213. The amendment releases the Town from completing a mooring management plan under this contract. Once approval is sent, the DOS will pay the outstanding balance of $12,500. ..... Original Message ..... From: Laurissa Parent [mailto:lparent@dos.state.ny.us] Sent: Wednesday, December 13, 2006 4:56 PM To: Russell, Scott Cc: Shawn Kiernan; McMahon, James; Cushman, John Subject: Amendment for contract C006213 Dear Supervisor Russell: Attached is a proposed budget and work program amendment for the above cited Agreement changes are reflected in redline and strikeout. Please respond to this email (or send a letter) to indicate the Town's approval of the amendment, or suggest any other changes that may be necessary. When the amendment is approved, you will receive a letter for your files which will formally approve the changes. Thanks Laurissa Laurissa Parent, Secretary 1 Department of State Division of Coastal Resources Phone (518) 474-5559 Fax (518) 473-2464 Email lparent@dos.state.ny.us Terry, Mark From: Terry, Mark Sent: Wednesday, February 07, 2007 8:48 AM To: Cushman, John; Richter, Jamie; McMahon, James Subject: RE: Grant Status Report How is Friday at 2:30 for everyone. From= Cushman, John Sent= Wednesday, February 07, 2007 8:42 AM To: Terry, Mark; Richter, Jamie; McMahon, James Subject.' RE: Grant Status Report Today, Friday afternoon after 2 PM, 2/12 morning, 2/14 after 10 AM, 2/15 all day....need more? From: Terry, Mark Sent: Tuesday, February 06, 2007 3:48 PM To: Cushman, John; Richter, Jarnie; McMahon, James Subject: Grant Status Report Gentlemen, I spoke to Laurissa Parent from the Department of State regarding the status of the Town grants. As you may know, the scope for Grant 6213 has been amended releasing the Town from the tasks which could not be completed under the budget. Ms. Parent stated that the Town submitted a Final Payment Request in the amount of $50,000 of which $37,500 was paid. Therefore $12,500 is remaining. She now needs three forms to issue final payment and close out Grant 6213. I will work with John Cushman in completing the forms and closing out the grant. I also inquired about Grant 6355. The total budget for the grant is $150,000 requiring a $75,000 Town match. No payments have been made to the Town and the $75,000 is still intact. Finally, Grant 6471 with a budget of $100,000 and $50,000 Town match requirement is also intact. With the new EPA grant contracts expecting to arrive soon, I recommend that we all meet to review the latest needs (reports, outstanding bills etc.) of the open grants. When are you available? Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 2/9/2007 Terr~, Mark Subject: Attachments: Laurissa Parent [Iparent@dos.state.ny. us] Wednesday, December 13, 2006 4:56 PM Russell, Scott Shawn Kiernan; McMahon, James; Cushman, John Amendment for contract C006213 South6213REV. pdf South6213REV.pdf (72 KB) Dear Supervisor Russell: Attached is a proposed budget and work program amendment for the above cited Agreement - changes are reflected in redline and strikeout. Please respond to this email (or send a letter) to indicate the Town's approval of the amendment, or suggest any other changes that may be necessary. When the amendment is approved, you will receive a letter for your files which will formally approve the changes. Thanks Laurissa _urissa Parent, Secretary 1 partment of State ~Division of Coastal Resources Phone (518) 474-5559 Fax (518) 473-2464 Email lparent@dos.state.ny.us PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 November 28, 2006 Shawn Kiernan, Coastal Resource Specialist NYS Department of State, Division of Coastal Resources 41 State Street Albany, New York 12231-0001 Re: Southold Implementation of Priority LWRP Grants (#C006213) Dear Mr. Kiernan, As discussed in our telephone conservation, The Town of Southold is requesting a letter of satisfaction and final payment for Grant C006213 in the amount of $12,500.00. The request is made with the understanding that Task 7; the Town of Southold Mooring Plan remains incomplete. It has been determined that developing a mooring plan is not possible with the resources allocated in this grant and that Task 7 may be required to be satisfied under the recent 2006 EPF award. Please call me with any questions. Sincerely, Department of State, Division of Coastal Resources Chris Smith, Cornell Cooperative Extension P.O. Box 1179 53095 Route 25 Southold, NY 11971 Phone: (631) 765-1938 Fax: (631) 765-3136 E-Mail: planning@southold.org To: Ladssa Parent, Div. Of Coastal From: Mark Terry/Carol Resources & Waterfront Revitalization, NYS Dept. of State Fax: 518/473-2464 Pages: 3 including cover Phone.' 518/474-6000 ~ate: 7/11/06 Re: C0006213 Project Status Form, cc: 3/1/06 Urgent For Review Please Comment Please Reply As Requested CONTRACTOR: Town of Southold AGREEMENT # C0006213 Implementation of Priority LWRP Projects PROJECT STATUS FORM As of March 1, 2006 (Submit semi-annually and with each payment request.) ~ Please ii~t ali ta~ks and indicate the sta~s of each, Attach additional pages ifnec~ssary. [] Task # sh0uld match the task number in the Agreement wOrk:Pr°gram' A/T indicate if Pate of COmPletion is Aetuai°r Target Date for antiCiPated completion of the task. ~odUets/Aee0mPiishmentS should list producTM ¢0mpi~ted or Othbr a¢c6mplishments: Task 1 2 3 4 6 7 8 Date of Percent of A/T Completion Completion 100% 100% NA NA NA 100% Target August 2006 80% December 2005 100% Products/Accomplishments Project Scope Executed Contract No need to draft RFP No additional consultants were hired. No additional contracts are needed Project Scoping Draft of Chapter 34; Mooring and Anchoring Town of Southold Town Code/Plan including digital mooring field data, mooring maps, mooring conflict assessment table and mooring permitting system administered by the Board of Trustees. Erosion Management Measures Guidance Document; Visual Inventory of Southold Creek; Digitized Coastal Erosion Hazard Line. Inclusion of "Erosion Management Measures" in Chapter 106: Subdivision of Land, Chapter 97 Wetlands and Shorelines rewrite, and the dissemination of nine DRAFT New York Standards and Specifications for Erosion and Sediment Control (2004) Best Management Practice sheets to the public December 2006 90% Revised Chapter 97 Wetlands and Shoreline of the Town of Southold Town Code 10 Target August 2006 80% Draft LWRP Educational Program Outline/Work Plan ,11 · Target August 2006 80% 12 Target August 2006 80% Quarterly Reports Project completion analysis ADJUSTMENTS - Please indicate proposed adjustment(s) to work program/schedule, reason(s) for the proposed adjustment(s), and any other problems encountered: As indicated above, the Town of Southold is requesting an extension of time to complete the outstanding tasks and subtasks. The request is to extend the work plan to August 31, 2006. Task 7 subtask "The analysis of the efficiency of the current mooring pattern" has been determined not to be possible with existing resources. Correspondingly, with the adoption of a revised Mooring Code, delineating new mooring fields may not be beneficial to the town at this time. The Town of Southold is requesting an adjustment to exclude this subtask. Name of person who completed this forr~: Affiliation' Phone:_631-765 ~ 1938 ~ · ? Emafi. Address;/~lark. Terry~town.southold.ny.us Fax Number: 6~Y[:765-3136 Page 1 of 1 Terry, Mark From: Cushman, John Sent: Monday. April 17, 2006 3:51 PM To: Terry, Mark Cc: Russell, Scott Subject: RE: 3.06 status report revised Mark, I finally talked to Laurissa Parent with Department of State and have learned that a payment request is NOT required to be submitted to with the Status Report (all payment requests for this grant have already been submitted). However, in order for the Town to get paid the $12,500 we are owed, you need to get "product" to them (I believe those are the items as described under tasks 7, 10, 11, 12). I asked that DOS review the information you recently sent to see if they might send us some of the funds still due us, but in the meantime somehow you need to move the process along to get them the "product" documents as described in the contract. I hope this helps. Please let me know if you need any more information from me. Thanks. John From: Terry, Mark Sent: Thursday, March 30, 2006 3:37 PM To: Cushman, 3ohn Subject: 3.06 status report revised Attached is a progress report for # C0006213 Implementation of Priority LWRP Projects. The report requires a payment request. Is that submitted through your department? In response to the recent emails, I also copied Chris Smith, to seek his agreement of the outsatnding tasks. 4/18/2006 DRAFT DATED 3-28-05 Amended 4/3/06 (New chapter) Chapter 34 34-10. MOORING AND ANCHORING Mooring and anchoring. The Trustees of the Town of Southold (hereafter referred to as the Trustees) are authorized to regulate temporary anchoring and the installation of moorings for boats in Town waters. The Trustees' area of jurisdiction covers all tidal waters within the geographic boundaries of the Town. In Long Island Sound, the Trustees' regulatory jurisdiction extends to the New York - Connecticut State Line (Laws of New York 1881, Chapter 695 ). In the Peconic and Gardiners Bays, their regulatory jurisdiction extends to the Town's municipal boundaries with the Towns of East Hampton, Shelter Island, Southampton and Riverhead. Mooring and anchoring activities around Fishers Island are governed by Chapter 33 of the Southold Town Code. The use of moorings has increased to such an extent that the number of moorings has begun to impair the fragile marine environment in the surrounding town waters and threaten safe navigation. The Trustees intend to restrict and regulate anchoring and mooring of vessels in both the Town creeks and bays in order to ensure their orderly and safe placement in town waters. This law is intended to: A. Adopt permit procedures for designating mooring areas based on a mooring grid or GPS map. B. Assign mooring sites in other waters, where appropriate, through use of alternative mooring techniques and better layout of moorings. C. Ensure protection, restoration and reopening of shellfish beds and eelgrass and submerged aquatic vegetation (SAV) habitat through better siting of moorings. D. Improve enforcement by establishing clear mooring identification systems. E. Establish minimum mooring tackle standards to increase safety. F. Facilitate the removal of all illegal moorings. G. Revoke permits where the permit holder does not use the mooting. H. Enforce existing mooring permits. I. Maintain a formal mooring application list and waiting list. J. Require appropriate and legitimate public or private access to the mooring. § 34-11. Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOAT or VESSEL - Any floating object capable of carry/ng people as a means of transportation in water, including any airplane capable of landing on water as well as any floating structure, excluding floating docks, not otherwise considered to be part of a dock structure as defined in this chapter, with or without means of propulsion that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed devices located above or below the mean high water mark. BOATING ASSOCIATION- A legal entity with officers, a constitution and members who's prirnary purposes are to support safe boating principals and recreational sailing and/or power boating social or educational opportunities. BOATYARD - A commercial facility having the primary fimction of building, repairing and/or maintaining vessels, with or without provision for sales of food and beverages, general supplies, fuel, vessels and equipment, rental of space for berthing or storing vessels, and/or the rental of commemial moorings. CHANNEL - That portion of a waterway deep enough for the unobstructed navigation of boats. A channel may be marked by navigational aids permitted by the United States Coast Guard and/or the State of New York and/or the Town of Southold. FLOATING DOCK-Any structure, raft or floating platform which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. HOLDING MOORING - A mooring used by a boatyard or marina for temporarily securing a vessel before its hauling or launching, and not for rental purposes. LENGTH, BOAT OR VESSEL-The measurement of boat or vessel length shall be made from the tip of the bow (bowsprit) to the rear edge of the transom. MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other watercraft, other than floating homes, and which may also be capable of removing any and all watercraft moored or docked within the marina from the water for repair and/or storage. MOORING- Any of a number of different mechanical or cable-like systems the intended purpose of which is to permit the securing of a boat on the water surface to a fixed location. Said system typically consists of an anchoring device (mushroom or other) which is placed on the bottom of the water body and is connected to a floating device (i.e., ball) by cables and/or lines. MOORING AREA - Those underwater lands designated by the Trustees as areas exclusively for the mooring of boats or vessels. MOORING GRID - A configuration of mooting placements designed to optimize the utilization of the mooting area, based on a system ofx-y grid plane coordinates, established by the National Ocean/National Geodetic Survey, that can be used for defining and stating the geographic positions or locations of points on the surface of the earth within a given area. MOORING PERMIT - Written approval of the Trustees required to place a mooring on underwater lands as specified under this Chapter. QUALIFIED INSPECTOR - A marine contractor who has experience in determining the condition of the components of a mooting, including but not limited to chain wear, buoy integrity and overall structural integrity. RAFTING - Rafting means any group of 2 or more boats which are tied or congregated together, whether anchored, secured to one another, or adrift, but not including lifeboats or dinghies. RESIDENTIAL LOT - Land identified on the current, official Suffolk County tax map, which is zoned for residential use. RIPARIAN OWNER - The person or persons having title in fee to the adjacent upland parcel, who possesses the common law tight of reasonable access to adjacent navigable waters. This shall include the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in the adjacent upland parcel. RIPARIAN OWNER MOORING - A private mooring, belonging to a waterfront property owner, the use of which is limited to a specifically identified vessel. SEASONAL MOORING - A mooting used only seasonally, and which is removed during a period specified by the Trustees in the mooring permit. STAKE AND PULLEY SYSTEM - A system consisting of an in ground or equivalent stake above the mean high water mark and a stake in the immediate adjacent waterways, both connected by lines and pulleys for the purposes of securing a vessel. TEMPORARY ANCHORING - The securing of a boat by means of an anchor for less than 7 days within a single water body. TOWN WATERS - All the creeks, coves, and water bodies including but not limited to - Brushes Creek, Budd Pond, Cedar Beach Creek, Conkling Point, Corey Creek, Dam Pond, Deephole Creek, Downs Creek, East Creek, Fishing Shack Creek, Goldsmiths Inlet, Goose Creek, Great Pond, Gull Pond, Hallocks Bay, Halls Creek, Harbor Lights, Hashamomuck Pond, Hay and Broadwaters Coves, James Creek, Jockey Creek, Laurel Lake, Little Creek, Maratooka Pond, Marion Lake, Mattituck Creek, Mud Creek, Petty's Pond, Pipes Cove, Richmond Creek, Sages Basin, School House Creek, Shellfisher Preserve, Spring Pond, Stifling Basin, Town Creek, West Creek, West Harbor, Wickham Creek, Wunneweta Pond, and all bay waters under Town jurisdiction and all tidal waters upon lands within the geographic boundaries of the Town. VESSEL CLASS - A vessel designation based on design characteristics, and in particular, a group of vessels whose hull dimensions fall within established limits. WINTER STAKE - A marker which replaces a mooring buoy and which bears the valid permit number as prescribed in this Chapter. YACHT CLUB - A legal entity established for the principal purpose of providing its members with water access to enable them to engage in recreational boating. The activities of such a "yacht club" shall be limited to its members and their guests and shall not be extended to the general public. § 34-12. Permit required. No person shall place any moorings in Town Waters or on public lands under or adjacent to town waters in the Town of Southold without first obtaining a permit from the Trustees. § 34-13. Issuance of permits. The Trustees are authorized and empowered: A. To issue revocable permits for the placing of moorings in, or on, any town waters or public lands under or adjacent to town waters, provided that the same do not obstruct or interfere with navigation or the reasonable public use of said waters or lands. B. To establish and designate restricted areas in the Town of Southold wherein, the mooring, anchoring or placing of boats shall be prohibited. C. To establish uniform fees for the issuance of permits required by this Article. § 34-14. Temporary Anchoring A. No boat shall be anchored that it at any time rests within any channel, impedes the full use of any channel, interferes with any other anchored or moored boat, or lies within 50 feet of any dock, pier or other boat docking facilities or within lOOfeet of any channel entrance, unless authorized by the Trustees. B. All boats temporarily anchoring in Mattituck Creek shall anchor only in the federal anchorage area located near the head of said creek. The Trustees shall cause said anchorage area to be suitably designated by appropriate buoys or markers and shall also cause suitable signs to be placed at appropriate locations in said creek to direct boaters to such anchorage area. C. Anchoring shall not be permitted for a continuous period of more than seven consecutive nights in a fourteen-day period within an anchorage unless authorized by the Trustees, whose- authorization may only be granted for emergency situations. D. All Town waters have been designated as "No Discharge" Zones. As such, all boats temporarily anchored overnight must have an operational sewage holding tank. E. No person shall anchor any boat on any public lands at the end of any town highway in the Town of Southold in an area established by the Trustees as a restricted area. §34-15. Mooring Requirements A. No boat shall be so moored that it at any time rests on the bottom or interferes with the full use of a channel, nor shall any boat be moored or anchored within 50 feet of any dock, channel, pier or other boat docking facilities, or within l OO feet of the entrance to any channel unless authorized by the Trustees. B. No boat shall be moored in such a manner as to interfere with the use of preexisting moorings. C. No person shall moor or place any boat on any public lands at the end of any town highway in the Town of Southold in an area established by the Trustees as a restricted area. D. Moorings, anchoring rafts and/or floats, including those governed by upland owners' property rights require an assigned permit number. E. Except for riparian owners, no moorings shall be permitted in the following Town Waters: Wickham Creek, Hallocks Bay, Downs Creek and West Creek. No moorings will be allowed in Maratooka Lake, Laurel Lake, Marion Lake and Great Pond. F. No boats greater than 26 feet in length shall be permitted to moor in any Town Creek, with the exception of Mattituck Creek or as authorized by the Trustees. Existing moorings and vessels (including those on the waiting list) may be grandfathered in as of adoption of this chapter as authorized by the Trustees. G. Rafting on a single mooring will only be permitted for not more than three boats during the daylight hours and two boats at night, provided it does not interfere with adjacent single moorings or anchorages or navigation of other boats. Owners or operators of rafted vessels shall not leave the raft unattended and shall be available to tend to the vessels in the event of heavy weather or emergency. (Do we really want to leave this in. lFhat about folks who want to go to land for dinner or to visit friends) §34-16 Mooring Assignments - General Rules for Town Waters A. Riparian owners may be permitted to either erect a dock capable of securing a boat, or install a mooring, based on site-specific environmental and logistic considerations including, but not limited to depth, bottom type, shellfish populations, seagrass meadows, proximity to navigation channels, as determined by the Trustees. All moorings must be within the waterside boundary of their property. All riparian owners must apply to the Trustees prior to the placement of moorings. If the dock is not capable of securing a boat as determined by the Trustees, the owner might be eligible for a mooring. B. Non-riparian owners shall be permitted to moor their vessels only in designated mooring areas. C. Boatyards and marinas shall be entitled to apply for rental mooring permits and holding mooring permits in accordance with the procedures set forth in this chapter based on site-specific environmental and logistic considerations including, but not limited to depth, bottom type, shellfish populations, seagrass meadows, navigational considerations and proximity to navigation channels. § 34-17 Mooring Permits and Applications. A. No mooring shall be placed unless authorized by a permit issued by the Trustees. Mooting permits shall be valid for a period of one year. Applicants must submit certification that he or she has inspected the mooring, that it is in safe condition and that they will be responsible for any damages to the property of others, including but not limited to vessels, which is caused by failure of their mooring or mooring tackle. 1. Any person applying for a mooring permit must own a boat or vessel, be at least 16 years of age and otherwise comply with the requirements of this chapter. Proof of ownership for the vessel must be submitted with the application. Applications for moorings shall not be accepted for the following types of boats: a. Boats less than twelve (12) feet or, nor more than -twenty-six (26) feet, in length for Town Creeks with the exception of Mattituck Creek or as designated by the Trustees. b. Personal watemrafts, kayaks, seaplanes, canoes and specialty prop-craft. c. Sunfish, surfboards, windsurfers and similar board boats. d. Floating dry docks, swim floats and similar non-self-propelled vessels, or structures. e. Boats used as a permanent dwelling. 2. Applications for permits shall be available in the Trustee's office and shall require the following information: a. Vessel owner's name, address and contact phone number and proof or residency of Southold Town. b. Description of specific vessel to be moored including: 1. Vessel type and dimension (total length, beam, draft) 2. Type and size of vessel's engine (if any) 3. Hull identification number for vessels built after 1972 4. Photograph that clearly identifies the vessel to be moored. 5. A copy of a valid state registration. c. GPS coordinates of the vacant location chosen by the applicant in a gridded mooting area. In a non-gridded area, the applicant must submit a sketch and description of the desired location of the mooting area in a form acceptable to the Trustees. d. Acceptance of a permit shall constitute an agreement that the permittee will hold the Town of Southold and its authorized representatives completely blameless for any liability in connection with the mooting of a boat or vessel; nor shall the Town be responsible for the loss, theft or damage to boats and/or their contents nor damage to any other private property caused by moored boats. e. The trustees reserve the tight to require any additional information needed. B. All mooting buoys shall be assigned a number by the Clerk of the Trustees, which shall be affixed to the buoy by the permittee in numbers at least three - inches in height. A permittee shall notify the Clerk of any change in the boat to be placed at the mooting thirty (30) days prior to the change and must update the application to include information and a photograph of the new boat. The applicant must receive Trustee approval prior to the placement of the new vessel on said mooting. If a mooring permit is cancelled or abandoned the owner must remove all gear from the water within sixty days. C. Mooring permits shall contain the following conditions: 1. The permit holder is responsible for installing and maintaining the appropriate mooting tackle to adequately secure the boat to the mooring. The permittee shall select a mooting and tackle that will adequately hold ground at that location under all conditions. 2. The permittee in gridded mooting areas shall guarantee that the pennant of the mooting shall not exceed the maximum length specified by the Trustees for such vessel class. 3. All winter stakes must be removed from the water, and the mooting marked with a buoy, between May 1, and December 1. Winter stakes not in place by December 1 of the previous year will be cause for non-renewal of the permit for the next year. 4. Acceptance of a mooring permit shall constitute an agreement that the permittee: a) allows Town of Southold representatives to inspect the mooring at any reasonable time; b) holds the Town of Southold, its authorized boards and officers blameless for any liability in connection with issuance of the permit for the mooring or the boat or vessel, and c) agrees that the Town shall not be responsible for the loss, theft or damage to boats and or their contents nor damage to any other private property caused by moored boats. E. All mooring permits shall be valid for a period of one year, but will expire on December 31 of the year of issuance. F. If a permittee fails to place a mooring in the designated location during the mooring permit period, the mooring permit will not be renewed. G. A private mooring left unoccupied by the permitted vessel for one year during the permit period may not be renewed if there is a waiting list except in the event of the death of a permittee, the surviving spouse or the children may apply to the Clerk of the Trustees for a transfer of the permit, if they reside in the residence of the deceased. H. Any person who intentionally makes or causes to make a false or fraudulent statement or representation in the application for a resident mooring permit, shall be subject to permanent revocation of a mooting permit or commercial mooring privileges and associated legal action. § 34-18. Riparian Owner Moorings A. Riparian owners may not be entitled to a mooring in the adjacent waterway, or any other town waters in which they have a dock capable of securing a boat as defined by the Trustees. Riparian owners with a dock may be granted a mooring if the dock is deemed unusable to dock a boat as deemed by the Trustees. Only one mooring per upland lot is allowed. All riparian owners must apply to the Trustees prior to the placement of moorings. B. Moorings shall be placed at the discretion of the Trustees within the waterside boundary lines of the parcel so as not to interfere with the water access from adjacent parcels. The Trustees may require appropriate documentation for the application, including surveys when necessary, to determine water rights lines. C. Mooring buoys shall be placed in such a manner that each moored vessel will avoid contact with any other moored vessel or structure or obstruct navigation. D. A riparian owner mooring permit granted by the Trustees pursuant to this Chapter, shall not be rented, transferred or assigned, except as follows: 1. In the event that a riparian owner rents or leases their residence in favor of exclusive tenant occupancy, the tenant may utilize the mooring for the same or smaller class vessel for all or part of the duration of the occupancy of the residence, provided that the Clerk of the Trustees is notified in wtiting of such arrangement including copy of the lease, prior to the tenant's use of the mooring. 2. A riparian owner mooring may be used for not more than five calendar days in any calendar month by other vessels of the same or smaller class belonging to the permittee or the permittee's guests; provided that written notice of such occupancy is delivered to the Trustee's Clerk's office not later than the second day of such occupancy. §34-19. Seasonal Moorings A mooting permit may be issued by the Trustees for seasonal use. The mooring permit will indicate a time period that it can be used. Failure to remove a seasonal mooring on time will result in the forfeiture of the permit. Removal will be at the owner's expense. Seasonal moorings must comply with all other requirements of this Chapter. §34-20. Moorings in Designated Mooring Areas Created by the Town A. The Town Board, in consultation with the Trustees, shall establish the locations and perimeters of all mooring areas within Town waters for the use of non-riparian vessel owners or riparian owners who are not permitted to place a mooting in water adjacent to their upland properties. Coordinates of each mooring area shall be mapped and on file in the Trustee's Office. The map must show the total area of each mooting area using length and width in feet. B. In designating Mooring Areas, the Town Board shall ensure that such areas shall avoid navigation channels, general hazard to navigation, shellfish beds, shellfish sanctuaries, eelgrass beds, wetlands, submerged aquatic vegetation and State or Federal designated Significant Coastal Fish and Wildlife Habitats, and other environmental constraints, or other areas deemed by the Trustees to not be appropriate for placement of moorings. C. The hull dimensions applicable to each class of vessel shall be used as a basis for configuring a mooting area grid that accommodates vessels having a wide range of dimensions. D. The locations of mooring and stake and pulley systems within certain mooring areas shall be prescribed by the vessel class at specified positions established by the Trustees, so as to accommodate an optimum number of vessels in a vessel class. E. The location of each mooring shall be assigned by the Trustees. The tight to use a mooring space shall be based on a first-come first-served basis. F. The Trustees shall consider optimum use of available space, vessel safety, environmental protection, impacts on shorefront property owners, whether the mooting will be used for temporary vessel storage and the size and class of vessel, while assigning mooting locations in a mooting area. G. Qualified applicants for a mooting permit in a gridded mooring area shall submit the required application form to the Clerk of the Trustees, and indicate a preference for a vacant location within a vessel class suitable for the vessel to be moored. H. Where no vacancies exist, a waiting list shall be established and maintained by the Clerk of the Trustees for each designated mooring area. § 34-21. Moorings Associated with Boatyards, Marinas, Yacht Clubs and Boating Associations A. The Town Board may designate commercial mooring areas for the placement of moorings by boatyards, marinas, yacht clubs or boating associations, which place multiple moorings in the course of their business or association activities. Commercial mooring areas shall only be placed in Peconic Bay and Long Island Sound. B. Boatyards, marinas and yacht clubs or boating associations which seek to place multiple moorings in the course of their business or association activities may make application on behalf of persons who utilize their launch and mooring facilities. Said permits shall be designated commercial mooring permits and shall be limited to placement on moorings in certain mooring areas, when said areas have been established or located adjacent to dock or shore facilities. Such applications shall indicate the size of the largest vessel which will be allowed to occupy the mooring. Boatyards and mar/nas may also apply for a maximum of two "holding moorings" used to temporarily secure boats before hauling or after launching. Seasonal, transient and holding moorings shall be appropriately marked. All vessels in the mooring field must comply with any federal, state or local regulations relating to discharge of pollutants. § 34-22. Renewals 1. The Clerk of the Trustees shall notify the permittee by first class mail at the address shown on the application for the current permit, at least two months prior to the expiration such permit. This notification will include the need to renew said permit prior to its expiration, per an enclosed blank application form. The permit may be renewed only within the two month period prior to the expiration of the current permit (December 31 of that year). If the application for renewal, and accompanying fee are not received before the expiration of the current permit, the current permit shall be considered null and void on the expiration date. Any application to renew filed after the expiration date shall be treated as an application for a new mooring permit and shall go to the bottom of the waiting list. However, the Trustees in their absolute discretion may extend such period, upon submission by the applicant of a timely letter establishing reasonable cause. 2. Mooring permits shall be renewed by the Clerk of the Trustees when a timely application for renewal is filed by the permittee indicating that the dimensions of the vessel or type of vessels to be secured to the mooring are the same as those designated in the prior permit, and that the components of the mooring meet the requirements of this article. Applicants for renewal permits must provide the Clerk of the Trustees with proof that the applicant owns the same boat as described in the permit, and a copy of a current NY State registration. For a non-motorized vessel a photo or bill of sale indicating the length will be required. If the vessel or type of vessel to be secured to the mooring is substantially different from those designated in the prior permit, the Trustees shall not renew the permit unless such different vessel or type of vessel may, in the opinion of the Trustees, be accommodated in the mooring area and unless the applicant agrees to pay the costs of any relocation of moorings deemed necessary by the Trustees to accommodate such different vessel or type of vessel. 4. The Trustees may refuse to renew a mooring permit for failure of the applicant to comply with the provisions of this chapter or the orders, rules and regulations of the Trustees or the Bay Constable concerning the location and use of moorings during the preceding permit period. 5. Boatyards, marinas, boating associations and yacht clubs applying for renewal permits must submit a map superimposed on a suitable Coast Guard chart or legal survey document and appropriately enlarged, showing the locations of all moorings in their grids, if such exist, and the individual mooting numbers. Each application shall include the required fee. 6. The Trustees shall designate buoy sizes and colors corresponding to specific bay and creek locations within Town waters. §34-23. Fees All mooring permit applications shall be submitted with the required fee. The application fee for a one-year permit shall be $50. O0 (to cover the administrative costs associated with mooting and vessel inspections for new and renewal applications), and shall be due December 31st of each year. Riparian, yacht club and boating associations shall be charged a one-time, life-time fee of $50 per mooring. All mooring fees collected shall be credited to the Trustees operating budget. A pementage of the mooting fees to be determined by the Town Board shall and shall be used for monitoring and maintenance of moorings and mooring fields. § 34-24. Mooring Equipment - Requirements A. Moorings shall meet the following requirements: 1. All mooring buoys shall be clearly visible and white with blue strip above the waterline, shall be a minimum of twelve inches in diameter and be clearly marked with the permit number. All moorings shall have a circle of reflective tape around the circumference and above the waterline. 2. All permit numbers shall be marked in black, be not less than 3 inches in height and shall be clearly visible at all times between dawn and sunset. 3. All stake, mooting and pulley systems shall be marked with the permit number both on, or immediately adjacent to the shore-end stake, and on the connected mooring buoy. 4. Rental mooring buoys shall clearly be marked with a 3 inch "R" plus the permit number. 5. Holding mooring buoys shall clearly be marked with a 3 inch "H" plus the permit number. 6. Dimensions: The following table is suggested minimum tackle designs. The applicant bears responsibility for adequate tackle to hold under all possible conditions. (As per Chapmans) Length at Diameter of Diameter of Diameter of Pennant Nylon Waterline Mushroom Top Half Bottom Half Buoy Rope of Boat Anchor of Chain of Chain Diameter Diameter (feet) (pounds) (inches) (inches) (inches) (inches) 15 to 19 150 5/16 3/8 15 2 20 to 24 200 5/16 3/8 15 2 25 to 29 250 3/8 3/8 15 : 30 to 34 300 3/8 2 15 : 35 to 39 350 3/8 2 15 : 40 to 44 400 2 5/8 18 : 45 to 49 500 2 5/8 18 1 50 to 54 550 5/8 : 24 1 55 + 700 5/8 : 24 1 *NOTE: 1. Shackles, swivels, etc., should be the next size larger than the chain size. 2. All buoys shall have swivels located not more than halfway down the rode. 3. All shackles must be safety wired. 4. All vessels shall have chaffing gear on pennant lines. 5. No person(s) or corporation shall tamper with or move any mooring not owned or under the control of that person or corporation unless under the direction of the Bay Constable or Director of Code Enforcement. 7. Fore and aft moorings may be required under certain circumstances at the discretion of the Trustees. B. A winter stake shall be upright at all times, at not less than a thirty-degree angle, with at least eighteen inches of one end painted white and exposed above the water, and have reflective tape around the entire stake a minimum of 3 inches in width. The permit number shall be marked in black or other contrasting color on the exposed, white end of the winter stake in figures at least three inches tall. § 34-25. Mooring maintenance. A. Moorings must be serviced yearly. Moorings must be raised and inspected once every three years. B. All moorings are subject to random inspections for location and condition by the Trustees or their designee, who may require hauling, repair or replacement for worn or defective tackle. C. Moorings failing an inspection or missing a buoy or otherwise defective or unsafe shall not be used until the condition is corrected. D. If unsafe conditions persist or the mooring is abandoned, the Trustees shall order and direct the removal of the tackle. In the event that the owner fails to remove the tackle within 10 business days of receiving notice from the Town, the Town may require the tackle to be lifted and removed. The expense of such removal shall be a lien and charge on the property of the boat owner until paid, and shall be collected in the same manner and the same time as other Town charges. If, in the opinion of the Trustees, the Director of Code Enforcement, or the Bay Constable, a mooring poses an immediate danger, it may be immediately moved at the owners expense without notice to the owner. E. Notwithstanding the foregoing, the Trustees shall have the authority to require a permit holder of a mooring to relocate a mooring if it determines that there are compelling reasons requiring a relocation. If there is no available alternate location, the permit holder will be offered top priority on the waiting list in the mooring area selected. § 34-26. Mooring without a permit. A. No person shall install or use a mooring in Town Waters without a mooring permit issued by the Trustees. B. Any mooring without such a permit shall be removed upon notice from the Trustees. This notice shall be by written notice posted on the mooring, and on any boat attached to said mooring. C. If such mooring is not removed by the owner within 5 days after the posting of said notice, the Trustees may direct the immediate removal or destruction of the mooring and the cost of said removal, including storage charges for any boats attached thereto, shall attach to, and shall become a lien upon said property, and said property may be sold, upon direction of the court, at public auction to defray said expenses, any surplus being returned to the owner of record. The Town shall not be liable for any damage done to said mooring or any attached boat during its removal, storage and sale. § 34-27. Pre-existing Moorings A. For the purpose of this Chapter, any mooring existing on the time of the effective date of this local law for which a creek permit has been issued by the Trustees pursuant to Chapter 32 or 97, which shall be made nonconforming in any respect (i.e.-location, tackle or boat size) at the passage of this local law, may be continued. Relocation of the mooring may be necessary to conform to future designated mooring fields. However, the vessel owner is required to apply and submit payment of the required fee for an annual mooring permit, as well as comply with the new requirements and update tackle to the new specifications within 30 days. B. All approved moorings that are not used for at least thirty (30) days per year may be subject to revocation by the Trustees. § 34-28. Enforcement A. It shall be the duty of the Director of Code Enforcement, the Trustees, Bay Constable and their deputies and assistants to administer and enforce the provisions of this chapter. The Director of Code Enforcement and Bay Constables shall have authority to control temporary anchoring and the use, placement, relocation and removal of moorings and vessels attached thereto. Additionally, the Director of Code Enforcement and Bay Constable have the authority to suspend further use of the mooring until violations are corrected. B. Notice of violation. 1. Whenever the Director of Code Enfomement or a Bay Constable has 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, they shall 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. 2. Such notice shall be in writing, shall specify the violation and shall state the conditions that 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 their fight to apply for a hearing before the Trustees, as hereinafter provided. 3. Such notice shall be served upon the person to whom it is directed by delivering it to them personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to their last known address. 4. The Director of Code Enfomement 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. 5. 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, and Bay Constable, Town Attorney, or Assistant Town Attorney, any permit issued to such person pursuant to this chapter shall be deemed revoked. 6. It shall be unlawful for any person served with a notice of violation to fail to comply with such notice. Heating. 1. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a heating before the Trustees, provided that such person shall file a written request with the Clerk of the Trustees within ten (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. 2. The Clerk of the Trustees 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 (5) days notice of the time and place thereof. 3. At such hearing, the person requesting the same or their 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 therefore. Non-permitted moorings must be removed immediately and the violator may request a subsequent hearing. 4. The notice of violation for which a heating is requested shall continue in effect pending the hearing and determination of the Trustees. § 34-29. Penalties for Offenses. A. It shall be unlawful for any person or their agents 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 a Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For every 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 the Director of Code Enforcement or a Bay Constable within the time fixed for compliance therewith, the person 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 Bay Constable, Town Attorney, Assistant Town Attorney or Director of Code Enforcement shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for a period not to exceed fifteen days, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901-3071 Tel: 631 727-7850 Fax: 631 727-7130 g-mail: suffo~.edu www. cce.cornell.edu/suffolk March 30, 2006 Town of Southold Southold Town Hall PO Box 1179 Southold, NY 11971 Attn: Mark Terry, Senior Environmental Planner Dear Mr. Terry: As per instructions in email correspondence between John Cushman and Chris Smith, enclosed please find our Town of Southold voucher in the amount of $12,500 for the final amount due on the Southold Town Waterfront Revitalization Project. Yours tru!y .~' Enc. i AFR -' ~ 2,906 Building Strong and Vibrant New York Communities Corneal Cooperative Extension provides equal program and employmem opportuni~es. NYS College of Agricu]tam and Life Sciences, NYS College of Hunmn Ecology, and PAY TO: Payee Name: 423 Griffing Avenue Riverhead, NY 11901 Invoice Number 914 Purchase Order Number Town of Southold, New York - Standard Voucher Cornell Cooperative Extension Payee Tax ldenrification Number of Suffolk County orSooialSeeufityNumbev: 11-6081424 Payee Reference G-48~ · PboneNo.( 631 ) 727-7850 VcadorConmut Chris Smith - Project Manager Invo ce Date .. 3/30/06 P.O. Date Cash Discount % Days IMm Number D~cfiprion of Materials / ~rvi~s Qu~fi~ U~t tMce Amount Total COntract Amount $50,000.00 Less: Amount Paid (37,000.00) Total Due $12,500.00 12,500.00 Toml 12~500.00 Net 12,500.00 Payee Certification The undersigned (Claimant) (Acting on behalf of the above: named claimant) does hereby certify that the foregoing claim is true and correct ~hd that no ~ been paid, except as therein stated, a~d that the balance therein stated is acmail~ due and owing. Signature t~/~ TitleEXecutive Director Dated ~/ fC Department Certification I hereby certify that the materials above specified have been received by me in good condition without substitution, the services properly performed and that the quantities thereof have been verified with the exceptions or discrepancies noted, and payment is approved Signature Title Dated 7.. APR -/, 2006 DOCUMENTATION FORMS RECI~NT Cornell Cooperative Extension CONTRACT# o~ ~u~olK uounty REPORTING PERIOD ENDING DATE: TM04056 I. BUDGET/EXPENDITURE DATA A. Persoaal Services B. Fringe Benefits C. Travel D. Supplies and Materials E. Equipment F. Contractual Services G. Other TOTAL Cumulative Cu~ent Expenditures Expenditures Available Budget Documented Documented Balance to Amount rids Report to Date Document (1) (2) (3) (1~3) 49,543.00 49,543.84 457.00 456.16 50,000.00 50,000.00 (.84) .84 0 H. CERTIFICATION I certify that: 1) the above claim as detailed on attached Forms 2 through 4 is just, true and correct; that the amount claimed accurately represents the expenses as recorded in our accomat/ng records; 2) .where work performed by persons not parties to the above-referenced Agreement; that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accurate represents project accomplishments; 5) documented expenditures have been made solely for the purposes of the "Project" as described in Exh/bit B of the above-referenced Agreement; and 6) Iam theresponsiblerepresentafiveauthor~edtoceni~tinsclaim ~ Thomas B. Williams O~ginalSignamre Name Executive Director Title PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor~ Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 March 13, 2006 Via Express Mail Ms. Laurissa Parent NYS Depa~ment of State Division of Coastal Resources & Waterfront Revitalization 41 State Street Albany, NY 12231-0001 Re: LWR8 Contract C006213 Dear Ms. Parent: Enclosed please find a Project Status Form with attachments, dated March 1, 2006, regarding the above-referenced contract. Please accept my apologies for the delay. Sincerely, MT:ck encls. CONTRACTOR: Town of Southold AGREEMENT # C0006213 Implementation of Priority LWRP Projects PROJECT STATUS FORM As of March 1, 2006 (Submit semi-annually and with each payment request.) Please list all tasks and ~di~ate the slams of each. Attae~ additi6~al pages if necessary. [] Task # sh0uid match the: task number in ~e A~eeme~t ~rk ~t6g~am. A/T indicate if Date of completion is Actual or T~get Date for anticipated completion of the task. Pt~ducts/AceOmpii~hmealS ~h0uid i~/Pr0duct~ 66mPi~t~d 0r ~er acc0mpila~ents. Task Date of Percent of it A/T Completion Completion Products/Accomplishments 7 Target August 2006 80% Task 7 "Town of Southold Mooring Plan" is 80 percent complete with the Town of Southold Town Board and Board of Trustees nearing the adoption of a new Mooring Code (Attached). The code will: Be applied to established mooring fields and second as a final "Mooring Management Plan" Require the delineation of mooring fields and a more structured mooring permitting system administered by the Board of Trustees including alternatives to current mooring layouts. oaSk existing moorings to eelgrass, shellfish beds, channels, marinas and 7 subtasks: "The examination of in relation at launches" is complete with the results included in Table 1 (attached). Possible conflicts have been identified. The "Town of Southold Mooring Code" will require direct alternative solutions for mooring field problems. 8 December 2005 100% Task 8 the implementation of"Erosion Management Measures" has been completed with the adoption of code language and amendments for areas subject to new construction and/or site disturbance. 10 Target August 2006 80% The work plan for Task 10; "Development of an LWRP Educational Program" is in draft form and included below for your review. The objectives and schedule of future projects follows. Once approved by all parties, educational materials will be produced and distributed to the public. In the interim a series of ads have been produced through the office of the Town of Southold Board of Trustees and printed in the local newspapers featuring educational messages. The advertisements are attached. ADJUSTMENTS - Please indicate proposed adjustment(s) to work program/schedule, reason(s) for the proposed ustment(s), and any other problems encountered: indicated above, the Town of Southold is requesting an extension of time to complete the outstanding tasks and subtasks. The request is to extend the work plan August 31, 2006. Task 7 subtask "The analysis of the efficiency of the current mooring pattern" has been determined not to be possible with existing resources. Correspondingly, with the adoption of a revised Mooring Code, delineating new mooring fields may not be beneficial to the town at this time. The Town of Southold is requesting an adjustment to exclude this subtask. Name of person who completed this form: Affiliation: Phone:_631-765-1938 Email Address: _Mark. Terry~town.southold.ny.us Fax Number:_631-765-3136 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH LTOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P,O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Shawn Kiernan, Coastal Resources Specialist From: Mark Terry, Senior Environmental Planner LWRP Coordinator Re: Grant (#C006213) "Southold Implementation of Priority LWRP Projects" Date: January 13, 2006 The Town of Southold is nearing completion of the outstanding Work Plan tasks outlined in your April 8, 2005 email to Valerie Scopaz for Grant C006213, "Implementation of Priority LWRP Projects". Task 7 "Town of Southold Mooring Plan" is near completion with the Town of Southold Town Board nearing the adoption of a new Mooring Code (Attached). The code outlines and supports the development of a Town wide mooring management plan and requires the delineation of mooring fields and a more structured mooring permitting system administered by the Board of Trustees. In addition, the code also requires direct alternative solutions for mooring field problems. The following Task 7 subtasks are complete. The examination of existing moorings in relation to eelgrass, shellfish beds, channels, marinas and boat launches has been accomplished and the results are included in Table 1. No significant conflicts were identified. Table 1. Mooring Interactions with Eelgrass, Channels, Marinas, Boat Ramps and Shellfish. Creek Eelgrass Channels Marinas Ramps Shellfish Brushes Creek Budd Pond N N N N u Cedar Beach N Creek N N N u Conkling Point N N Corey Creek N N Dam Pond N N Deephole Creek N N Downs Creek N N East Creek N N Fishing Shack N Creek P Goldsmiths Inlet N N Goose Creek N N Gull Pond N P Hallocks Bay N N Halls Creek N N Harbor Lights N Creek N Hashamomuck N Pond N Hay & Broadwaters N Cove N James Creek N N Jockey Creek N N Little Creek N P Mattituck Creek N N Mud Creek N N Petty's Pond N N Pipes Cove N N Richmond Creek N N Sages Basin N P Schoolhouse Creek N N Shellfisher N Preserve N Spring Pond N N Stiding Basin N N Town Creek N N West Creek N N West Harbor N N Wickham Creek N N Wunneweta Pond N N N N N -- no impact or conflict, y -- impacts exist, user, u = unknown groups N N u N N u N N u N N u N N u N N u N N u N N u N N u N P u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u P = possible impacts but no complaints from N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u The analysis of the efficiency of the current mooring pattern has determined not to be possible with existing resources. Correspondingly, with new mooring fields delineated, the task may not be beneficial to the town at this time. Task 8 the implementation of "Erosion Management Measures" has been completed with the adoption the following code language and amendments for areas subject to new construction and/or site disturbance. 1. Added August 2004; Chapter § A106-41. Inspection of improvements, item G, requires that: G. All development greater than a cumulative area of one acre shall require Phase II stormwater/erosion control mitigation requirements as set forth by federal and state regulations, including SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02-01). 2. The revised Chapter 97 includes the following erosion control requirements: § 97-27. Construction and operation standards. A. General. The fo/lowing standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all sdspended sediments within the immediate project area. 3. Added June, 2003; Chapter 46-10 C requires the following for all Building Permit applications; Compliance with the fo/lowing regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold: [Added 11-6-2003 by L.L. No. 24-2003] (1) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to strew bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. All of the above listed information is available to the public through the Town of Southold Town Code. Additionally, all subdivision and building permits which disturb an area greater than one acre are also required to secure a NYS Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02- 01). Therefore, it is the position of the Town of Southold that the above code changes coupled with the requirement to obtain a SPDES permit in the application process for subdivision or building permits meets the code changes requirements for incorporating guidelines into Town law. The SPDES permit defers to the DRAFT New York Standards and Specifications for Erosion and Sediment Control (2004). This manual of standards has been adopted by the New York State Department of Environmental Conservation as minimum criteria for an erosion and sediment control plan prepared for construction sites. The document also includes a large selection of data sheets on vegetative and structural erosion control and includes a table of "Trees Suitable for Landscape and Conservation Plantings in New York". The following data sheets (attached) have been made available to the public in the Planning Board's office: 1. Erosion and Sediment Control Plan for Small Homesite Construction. 2. Standard Specifications for Straw Bale Dike. 3. Standard Specifications for Silt Fence. 4. Standard and Specification for Mulching. 5. Standard and Specification of Topsoiling. 6. Standard and Specification for Protecting Vegetation During Construction. 7. Standard and Specifications for Recreational Area Improvement included the Trees Suitable for Landscape and Conservation Plantings in New York information. 8. Standard and Specifications for Temporary Critical Area Plantings. 9. Standard and Specifications for Vegetating Dunes and Tidal Banks. Lastly, the work plan for Task 10; "Development of an LWRP Educational Program" is included below for your review. The objectives and schedule of future projects follows. Phase 1. Public Education The Peconic Estuary system and The Long Island Sound are integral parts of the Southold Town economy and ecology. In order to sustain these valuable resources, we must achieve a balance between the needs of the estuary's resources and the sometimes-conflicting demands of the region's populace. Key to establishing this balance is an educated citizenry that is willing to support, promote and actively participate in measures to protect the estuary system at home, at work, and while recreating, and collectively act as wise stewards of a shared public resource. Achieving this requires an intensive education and outreach effort that is aimed at key audiences/stakeholders, as well as the public in general. Effective public education in the LWRP is needed to develop the broad-based public support needed to ensure that estuary program recommendations reach the implementation phase. The ultimate goal of public participation in the LWRP is to establish the public consensus that ensures long-term support and implementation of goals. The public participation program supplements and complements Peconic Estuary and Long Island Sound Study activities and advances the role of providing for public input to estuary program decision-making. The Public Education Program is designed to coordinate all forms of public outreach and education about Southold Town's coastal resources in a carefully focused effort whose over-riding goal will be to explain and promote the Town's Local Waterfront Revitalization Program. Different forms of media and outreach techniques will be used to appeal to year round residents, summer residents and tourists as well as corporate and business enterprises. The program will consolidate ongoing and sporadic local and regional efforts to enhance public and corporate understandings of Southold Town's unique coastal resources and their relationship to the local economy, as well as to build immediate and long-term support for the implementation of the Local Waterfront Revitalization Program, some elements of which require active, but voluntary public participation and support. This program is designed to consolidate and enhance existing public outreach and education efforts within the Town of Southold. The program will focus attention on the role of the LWRP in protecting and managing the coastal resources of the Town, as well as in enhancing public access to and enjoyment of those resources. As outlined below, key elements of the LWRP, particularly those requiring public understanding and active participation (e.g. the Farm and Farmland Protection'Strategy and the Water Supply Management and Watershed Protection Strategy) will be promoted in a continued series of public education and awareness campaigns throughout the year, as opposed to a one-shot round of public hearings. Successful implementation of the LWRP will require a sustained community as well as governmental effort. Southold Town has a long and proud tradition of volunteerism that is evident in several different facets of community life. Many people who live (and summer) in Southold still feel they that they, as individuals, can make a difference. This program is designed to tap into that wellspring of optimism and civic pride by broadening public understanding of the role or actions each individual can play or take to help local (and State) government protect and manage the unique and irreplaceable coastal resources of the Town. Program Obiectives: Key objectives to be achieved include: 1. Improve and expand traditional avenues of public education through use of a wider and more interactive range of media and outreach techniques. 2. Strengthen public understanding of the role of the LWRP will play in protecting Southold Town's natural resources and the economy. 3. Build public support for the ongoing legislative and procedural changes that will be needed to protect the key resources and to promote revitalization of and access to the waterfront. 4. Enhance the effectiveness of the LWRP by encouraging a greater level of public participation in protecting the Town's natural resources, as well as enjoying them. Wherever possible, a hands-on, roll-up-the sleeves, can- do approach to environmental protection, resource management and waterfront revitalization will be emphasized. Public Benefits: Anticipated benefits will go beyond that of enhanced environmental protection. A well- managed and protected environment is more likely to be a productive one; a situation which can have only positive ramifications for the local economy. Further, there also is a potential psychological benefit to the community that may arise from this program. In an age when many Americans, youth particularly, feel quite cynical about government, the proposed hands-on, roll-up the sleeves, can-do approach to managing and protecting environmental resources - offers an attractive alternative and a constructive outlet for these frustrations. The end result will be better LWRP implementation and a better coastal resource for all to enjoy. Component Tasks: 1. Identify short-term public education needs and appropriate media and outreach techniques. (Two examples of this are: public meetings to explain the general thrust of the LWRP program, and meetings to explain the purpose of new legislation or regulations that may be needed.) 2. Identify long-term public education and awareness needs and appropriate media and outreach techniques. (Two examples of this are: ongoing outreach for purposes of encouraging voluntary preservation of wetlands, open space, agricultural lands, and unique scenic vistas and a series off awareness seminars for property owners about how to protect their groundwater from point source contamination.) Special attention will be given to youth-oriented outreach and participation programs, hopefully in conjunction with local school districts. Develop appropriate awareness campaigns based on the needs and priorities identified in Tasks # 1 and 2. Conduct the campaigns, and based on evaluations of their effectiveness, either replicate or change to improve them. I. Townwide Educational Program A. Lack of education about ecological role of coastal ecosystems is responsible for a significant portion of the wetland violations. Further, the Town feels that better public understanding of the purposes of LWRP will improve voluntary compliance with regulations. Solution: Education program for General Public (Residents and Visitors) · Media - 60 second public service announcements on the radio and 10-15 minute segments on Cornell Cooperative Extension's monthly cable program On The Water involving students in production and on air appearances will be produced. Fifteen public service announcements for radio and 6 15minute video segments will be produced in Cornell's in-house video and audio production facility at Cedar Beach in Southold. · Brochure - A brochure will be produced outlining regulations and asking for voluntary compliance from citizens. This brochure will involve quotes from local kids and elected officials and various citizens in the community. It will be the primary handout educational tool for appearances at civic clubs and organizations, and will be prominently displayed in a display to be constructed in Town Hall. B. There is also a lack of educational materials that is proving an obstacle to effective communication with property owners and developers about acceptable construction techniques and land management measures. The Town will develop Educational Materials for property owners and developers, identifying acceptable construction techniques and land management measures within the Town, and resources to go to for further information/help. · A series of 10 minute videos for property owners, developers, and construction personnel will be developed. · Educational hand out sheets will be produced to accompany videos. · A series of ads will be produced for the local newspapers featuring educational messages · A coloring book and postcard campaign will be produced and conducted as educational initiatives. Funding for these and other initiatives will be sought in the future to continue the process of: public education concerning the LWRP in the Town of Southold. Please advise me of any remaining outstanding tasks or issues. Enc. Cc: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney Jim McMahon, Community Development Director Town Board Planning Board STATE OF NEW YORK DEPARTHENT OF STATE: 4 I STATE STREET ALBANY, NY I 7'23 I -000 I GEORGE E PATAKI 53095 Main Road POBoxll7O:' .... , I--I Southold, ~ 11971 ~plementat~on ~pnonty L~ projects Dear Supervisor Russell: The Department of State requires semi-annual reports to be submitted every six months. On the enclosed Project Status Form, please list all tasks as described in Appendix D of the above cited Agreement and provide corresponding information for each. Your submission should include any draft or final products that have not been previously submitted to the Department. Please note that this Agreement has an ending date of March 31, 2006, which means that any costs incurred after that date cannot be reimbursed. If the project will not be completed by that date, the Town should request an extension in the "Adjustments" section and indicate the date the project is expected to be completed. The Department will review this information to determine if the Agreement should be extended. Also, please add or revise information as necessary on the enclosed Contact Information Update form and fax back to us with your Project Status Form. Please submit the above information by Friday, February 17, 2006. If you have any questions or would like to receive this form by email, please contact me at (518) 473-2466 or lparent~dos, state.n¥.us. Truly yours, Laurissa Parent, Secretary 1 Division of Coastal Resources Enclosure cc: V. DeBraccio James McMahon John Cushman CONTRACTOR: Agreement # PROJECT STATUS FORM As of (Submit semi-annually and with each payment request.) TaSk # gh6Uht mt~k ~ ~k ~umb~ ~ th~ Agre0~n~ ~0r~ Pro~ II ~ ihdi~te:i~D~i~ 6f ~9~Plefi~fi II Task Date of Percent of # A/T Completion Completion Products/Accomplishments ADJUSTMENTS - Please indicate proposed adjustment(s) to work program/schedule, reason(s) for the proposed adjustment(s), and any other problems encountered: person who completed this form: Affiliation: Phone: Email Address: Fax Number: Town of Southold - Agreement #C006213 Implementation of priority LWRP projects CONTACT INFORMATION UPDATE FORM PLEASE FAX COMPLETED FORM TO (518) 473-2464 No updates necessary [] Please make the following updates: Supervisor: CHANGES TO NAME/ADDRESS: Honorable Scott Russell Supervisor Town of Southold 53095 Main Road PO Box I 179 Southold, NY 11971 Email Address: Phone Number: Fax Number: scott.mssell~town.southold.ny.us 631-765-1889 631-765 - 1823 Please specify (or update information for) up to (2) people to be copied on all project related correspondence (without attachments) from DOS. CHANGES TO NAME/ADDRESS: Mr. James McMahon Executive Assistant Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Email Address: Phone Number: Fax Number: james.mcmahon~town.southold.ny.us 631-765-1283 631-765-9015 CHANGES TO NAME/ADDRESS: Mr. John Cushman Town Comptroller Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Email Address: Phone Number: Fax Number: i j ohn.cushman~town.southold.ny.us 631-765-4333 631-765-1366 STATE OF NEW YORK DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY I 223 1-000 I Honorable Scott Supervisor Town of Southold 53095 Main Road * ; ........... Re: Agreement #C00~21{~3~2,~ .. ~-~3':'" -:~ Implementanon ~pnont-y L~ projects FE9 6 3006 Dear Supervisor Russell: The Department of State requires semi-annual reports to be submitted every six months. On the enclosed Project Status Form, please list all tasks as described in Appendix D of the above cited Agreement and provide corresponding information for each. Your submission should include any draft or final products that have not been previously submitted to the Department. Please note that this Agreement has an ending date of March 31, 2006, which means that any costs incurred after that date cannot be reimbursed. If the project will not be completed by that date, the Town should request an extension in the "Adjustments" section and indicate the date the project is expected to be completed. The Department will review this information to determine if the Agreement should be extended. Also, please add or revise information as necessary on the enclosed Contact Information Update form and fax back to us with your Project Status Form. Please submit the above information by Friday, February 17, 2006. If you have any questions or would like to receive this form by email, please contact me at (518) 473 -2466 or lparent(&~dos.state, ny. us. Truly yours, Laurissa Parent, Secretary 1 Division of Coastal Resources Enclosure cc: V. DeBraccio James McMahon John Cushman PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Shawn Kiernan, Coastal Resources Specialis~/ From: Mark Terry, Senior Environmental Planner LWRP Coordinator Re: Grant (#C006213) "Southold Implementation of Priority LWRP Projects" Date: January 13, 2006 The Town of Southold is nearing completion of the outstanding Work Plan tasks outlined in your April 8, 2005 email to Valerie Scopaz for Grant C006213, "Implementation of Priority LWRP Projects". Task 7 "Town of Southold Mooring Plan" is near completion with the Town of Southold Town Board nearing the adoption of a new Mooring Code (Attached). The code outlines and supports the development of a Town wide mooring management plan and requires the delineation of mooring fields and a more structured mooring permitting system administered by the Board of Trustees. In addition, the code also requires direct alternative solutions for mooring field problems. The following Task 7 subtasks are complete. The examination of existing moorings in relation to eelgrass, shellfish beds, channels, marinas and boat launches has been accomplished and the results are included in Table 1. No significant conflicts were identified. Table 1. Mooring Interactions with Eelgrass, Channels, Marinas, Boat Ramps and Shellfish. Creek Eelgrass Channels Marinas Ramps Shellfish Brushes Creek Budd Pond N N N N u Cedar Beach N Creek N N N u Conkling Point Oorey Creek Dam Pond Deephole Creek Downs Creek East Creek Fishing Shack Creek Goldsmiths Inlet Goose Creek Gull Pond Hallocks Bay Halls Creek Harbor Lights Creek Hashamomuck Pond Hay & Broadwaters Cove James Creek Jockey Creek Little Creek Mattituck Creek Mud Creek Petty's Pond Pipes Cove Richmond Creek Sages Basin Schoolhouse Creek Shellfisher Preserve Spring Pond Stiding Basin Town Creek West Creek West Harbor Wickham Creek Wunneweta Pond N N N N u N N N N u N N N N u N N N N u N N N N u N N N N u N P N N u N N N N u N N N N u N P N P u N N N N u N N N N u N N N N N N u N N u N N N N u N N N N u N N N N u N P N N u N N N N u N N N N u N N N N u N N N N u N N N N u N P N N u N N N N u N N N N N N N N N N N N N N N N N N N N N N N N N N N P = possible N = no impact or conflict, y = impacts exist, user, u = unknown groups N u N u N u N u N u N u N u N u N u impacts but no complaints from The analysis of the efficiency of the current mooring pattern has determined not to be possible with existing resources. Correspondingly, with new mooring fields delineated, the task may not be beneficial to the town at this time. Task 8 the implementation of "Erosion Management Measures" has been completed with the adoption the following code language and amendments for areas subject to new construction and/or site disturbance. 1. Added August 2004; Chapter § A106-41. Inspection of improvements, item G, requires that: G. All development greater than a cumulative area of one acre shall require Phase II stormwater/erosion control mitigation requirements as set forth by federal and state regulations, including SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02-01). 2. The revised Chapter 97 includes the following erosion control requirements: § 97-27. Construction and operation standards. A. General The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation ora silt boom that will retain all suspended sediments within the immediate project area. 3. Added June, 2003; Chapter 46-10 C requires the following for all Building Permit applications; Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold: [Added 11-6-2003 by L.L. No. 24-2003] (1) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waten/cay around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. All of the above listed information is available to the public through the Town of Southold Town Code. Additionally, all subdivision and building permits which disturb an area greater than one acre are also required to secure a NYS Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02- 01). Therefore, it is the position of the Town of Southold that the above code changes coupled with the requirement to obtain a SPDES permit in the application process for subdivision or building permits meets the code changes requirements for incorporating guidelines into Town law. The SPDES permit defers to the DRAFT New York Standards and Specifications for Erosion and Sediment Control (2004). This manual of standards has been adopted by the New York State Department of Environmental Conservation as minimum criteria for an erosion and sediment control plan prepared for construction sites. The document also includes a large selection of data sheets on vegetative and structural erosion control and includes a table of "Trees Suitable for Landscape and Conservation Plantings in New York". The following data sheets (attached) have been made available to the public in the Planning Board's office: 1. Erosion and Sediment Control Plan for Small Homesite Construction. 2. Standard Specifications for Straw Bale Dike. 3. Standard Specifications for Silt Fence. 4. Standard and Specification for Mulching. 5. Standard and Specification of Topsoiling. 6. Standard and Specification for Protecting Vegetation During Construction. 7. Standard and Specifications for Recreational Area Improvement included the Trees Suitable for Landscape and Conservation Plantings in New York information. 8. Standard and Specifications for Temporary Critical Area Plantings. 9. Standard and Specifications for Vegetating Dunes and Tidal Banks. Lastly, the work plan for Task 10; "Development of an LWRP Educational Program" is included below for your review. The objectives and schedule of future projects follows. Phase 1. Public Education The Peconic Estuary system and The Long Island Sound are integral parts of the Southold Town economy and ecology. In order to sustain these valuable resources, we must achieve a balance between the needs of the estuary's resources and the sometimes-conflicting demands of the region's populace. Key to establishing this balance is an educated citizenry that is willing to support, promote and actively participate in measures to protect the estuary system at home, at work, and while recreating, and collectively act as wise stewards of a shared public resource. Achieving this requires an intensive education and outreach effort that is aimed at key audiences/stakeholders, as well as the public in general. Effective public education in the LWRP is needed to develop the broad-based public support needed to ensure that estuary program recommendations reach the implementation phase. The ultimate goal of public participation in the LWRP is to establish the public consensus that ensures long-term support and implementation of goals. The public participation program supplements and complements Peconic Estuary and Long Island Sound Study activities and advances the role of providing for public input to estuary program decision-making. The Public Education Program is designed to coordinate all forms of public outreach and education about Southold Town's coastal resources in a carefully focused effort whose over-riding goal will be to explain and promote the Town's Local Waterfront Revitalization Program. Different forms of media and outreach techniques will be used to appeal to year round residents, summer residents and tourists as well as corporate and business enterprises. The program will consolidate ongoing and sporadic local and regional efforts to enhance public and corporate understandings of Southold Town's unique coastal resources and their relationship to the local economy, as well as to build immediate and long-term support for the implementation of the Local Waterfront Revitalization Program, some elements of which require active, but voluntary public participation and support. This program is designed to consolidate and enhance existing public outreach and education efforts within the Town of Southold. The program will focus attention on the role of the LWRP in protecting and managing the coastal resources of the Town, as well as in enhancing public access to and enjoyment of those resources. As outlined below, key elements of the LWRP, particularly those requiring public understanding and active participation (e.g. the Farm and Farmland Protection Strategy and the Water Supply Management and Watershed Protection Strategy) will be promoted in a continued series of public education and awareness campaigns throughout the year, as opposed to a one-shot round of public hearings. Successful implementation of the LWRP will require a sustained community as well as governmental effort. Southold Town has a long and proud tradition of volunteerism that is evident in several different facets of community life. Many people who live (and summer) in Southold still feel they that they, as individuals, can make a difference. This program is designed to tap into that wellspring of optimism and civic pride by broadening public understanding of the role or actions each individual can play or take to help local (and State) government protect and manage the unique and irreplaceable coastal resources of the Town. Proqram Obiectives: Key objectives to be achieved include: 1. Improve and expand traditional avenues of public education through use of a wider and more interactive range of media and outreach techniques. 2. Strengthen public understanding of the role of the LWRP will play in protecting Southold Town's natural resources and the economy. 3. Build public support for the ongoing legislative and procedural changes that will be needed to protect the key resources and to promote revitalization of and access to the waterfront. 4. Enhance the effectiveness of the LWRP by encouraging a greater level of public participation in protecting the Town's natural resources, as well as enjoying them. Wherever possible, a hands-on, roll-up-the sleeves, can- do approach to environmental protection, resource management and waterfront revitalization will be emphasized. Public Benefits: Anticipated benefits will go beyond that of enhanced environmental protection. A well- managed and protected environment is more likely to be a productive one; a situation which can have only positive ramifications for the local economy. Further, there also is a potential psychological benefit to the community that may arise from this program. In an age when many Americans, youth particularly, feel quite cynical about government, the proposed hands-on, roll-up the sleeves, can-do approach to managing and protecting environmental resources - offers an attractive alternative and a constructive outlet for these frustrations. The end result will be better LWRP implementation and a better coastal resource for all to enjoy. Component Tasks: 1. Identify short-term public education needs and appropriate media and outreach techniques. (Two examples of this are: public meetings to explain the general thrust of the LWRP program, and meetings to explain the purpose of new legislation or regulations that may be needed.) 2. Identify long-term public education and awareness needs and appropriate media and outreach techniques. (Two examples of this are: ongoing outreach for purposes of encouraging voluntary preservation of wetlands, open space, agricultural lands, and unique scenic vistas and a series off awareness seminars for property owners about how to protect their groundwater from point source contamination.) Special attention will be given to youth-oriented outreach and participation programs, hopefully in conjunction with local school districts. Develop appropriate awareness campaigns based on the needs and priorities identified in Tasks # 1 and 2. Conduct the campaigns, and based on evaluations of their effectiveness, either replicate or change to improve them. I. Townwide Educational Program A. Lack of education about ecological role of coastal ecosystems is responsible for a significant portion of the wetland violations. Further, the Town feels that better public understanding of the purposes of LWRP will improve voluntary compliance with regulations. Solution: Education program for General Public (Residents and Visitors) · Media - 60 second public service announcements on the radio and 10-15 minute segments on Cornell Cooperative Extension's monthly cable progrem On The Water involving students in production and on air appearances will be produced. Fifteen public service announcements for redio and 6 15minute video segments will be produced in Cornell's in-house video and audio preduction facility at Cedar Beach in Southold. · Brochure- A brochure will be produced outlining regulations and asking for voluntary compliance from citizens. This brochure will involve quotes from local kids and elected officials and various citizens in the community. It will be the primary handout educational tool for appearances at civic clubs and organizations, and will be prominently displayed in a display to be constructed in Town Hall. B. There is also a lack of educational materials that is proving an obstacle to effective communication with property owners and developers about acceptable construction techniques and land management measures. The Town will develop Educational Materials for property owners and developers, identifying acceptable construction techniques and land management measures within the Town, and resources to go to for further information/help. · A series of 10 minute videos for property owners, developers, and construction personnel will be developed. · Educational hand out sheets will be produced to accompany videos. · A series of ads will be produced for the local newspapers featuring educational messages · A coloring book and postcard campaign will be produced and conducted as educational initiatives. Funding for these and other initiatives will be sought in the future to continue the process of public education concerning the LWRP in the Town of Southold. Please advise me of any remaining outstanding tasks or issues. Enc, Cc: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney Jim McMahon, Community Development Director Town Board Planning Board Town of Southold - Agreement #C006213 Implementation of priority LWRP projects CONTACT INFORMATION UPDATE FORM P£EASE FAX COMPLETED FORM TO (518) 473-2464 [] No updates necessary [] Please make the following updates: Supervisor: CHANGES TO NAME/ADDRESS: Honorable Scott Russell Supervisor Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Email Address: Phone Number: Fax Number: scott.russell~town.southold.ny.us 631-765-1889 631-765-1823 Please specify (or update information for) up to (2) people to be copied on all project related correspondence (without attachments) from DOS. CHANGES TO NAME/ADDRESS: Mr. James McMahon Executive Assistant Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 i Email Address: Phone Number: Fax Number: i jame~.mcmahon~town.southold.ny.us 631-765-1283 631-765-9015 CHANGES TO NAME/ADDRESS: Mr. John Cushman Town Comptroller Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Email Address: Phone Number: Fax Number: john.cushman~town.southold.ny.us 631-765-4333 631-765-1366 ......................................................... , ........................................................................................... ~ ...................................................... CONTRACTOR: Agreement # PROJECT STATUS FORM As of (Submit semi-annually and with each payment request.) Task Date of Percent of # AJT Completion Completion Products/Accomplishments ADJUSTMENTS - Please indicate propOsed adjustment(s) to work program/schedule, reason(s) for the proposed adjustment(s), and any other problems encountered: Name of person who completed this form: Affiliation: Phone: Email Address: Fax Number: TOWN OF SOUTHOLD: SUMMARY OF DEPARTMENT OF STATE GRANT ASSISTANCE Contract Title Award Year Expires Expended Remaining C005628 Harbor Management Plan $25,000 94 EPF-R Closed C005627 Erosion M~mt Plan $25,000 94 EPF-R Closed C005671 Street End Access and Stormwater Mitigation $15,000 95 EPF-R Closed T005799 Seed Clam Grow-out Pro,ram $4,800 96 EPF-R Closed C005800 Mattituck Inlet Stormwater Plan $40,000 96 EPF-R Closed C005757 Street-end Access Improvements $42,000 96 EPF-R Closed C005870 Southold ErosionMiti~ation Studies $160,000 97 EPF-R Closed T005872 Ferr~ Impact Workshop $3,500 97 EPF-R Closed C005871 Establish GIS Database for Growth Management $60,000 97 EPF-R Closed C005961 GIS Implementation $18,300 98 EPF-R Closed C006158 Eel~rass Culture Facility for the Peconic Estuary $53,000 99 EPF-R FINAL $43t792 $9,208 11 [~rants $446,600 C005962 Road Ends Public Access and Stormwater Control Improv~nents $35,000 98 EPF-R 03/31/04 $27,763 $7t237 C006157 Southold Erosion Mitigation Project $90,000 99 EPF-R 03/31/04 $0 $90,000 C006213 Implementation of priority LwRP proiects 02[-h [ 1~[~ ~ ;50.000 00 EPF-R ~ ~ $50,000 ...... h,,¥1~,z;~tatizn :f~: 'r^'"n :.~Zz::'.?.c!d L'~._rP2'''~-'~',~ · ~75,000 02 EPF-R $75,000 C006471 Planningforstormwatermana~ement o~th,~ ;50,000 03EPF-R ~.~3%1~ $50,000 /~ ~,~L' I~l~l'o~ - Zllhl~n TOZAL-16~rar~ $746,600 PROJECT SUMMARIES / CLOSED GRANTS. C005628 Harbor Management Plan 'fi,r,. ~ ID ~tr~'X)- ~'~ ~'~ ~ ,t t ~x,0[~ This grant was for the preparation of a Harbor Management Pfaff t6 addres~boating congestion and completion of uses of the surface water within and adjacent to the town. The plan provided guidance in managing boat traffic, general harbor uses, docks, piers, moorings, pump-out facilities, special anchorage areas, and identification of navigation channels. It included detail on Mattituck Inlet and has been utilized in the preparation of the Draft LWRP. Completed C005627 Flooding and Erosion Management Plan This grant was for the preparation of an erosion management program. The program focused upon town wide flooding and erosion problems such as the down drift erosion conditions at Goldsmith's Inlet. It provides much of the detail on erosion that is in the Draft LWRP. Completed C005671 Street End Access and Stormwater Mitigation .This grant was for the development of plans for natural resource restoration and resource protection projects at several shoreline road-end sites throughout the Town. The plans are intended to expand recreational 0pportuh~ties, to protect, maintain and- expand public access~:aPd, to mitigate pollution problems by controlling stormwater runoff. Completed T005799 Seed Clam Grow-out Program This grant provided for the construction of grow-out rafts for seed clams. Completed C005800 Mattituck Inlet Stormwater Plan This grant was for the development ofa stormwater management plan that will reduce the level of sediments, nutrients, and pollutants entering Mattituck Inlet, and for the protection of the habitat and economic uses associated with shellfishing. The project prioritized a listing of watershed improvement projects for stormwater mitigation projects. These projects should form the basis for further grant applications for improvements through the Clean Water/Clean Air Bond Act or the Environmental Protection Fund. Completed C005757 Street-end Access Improvements In accordance with the "Town of Southold Natural Resources and Protection Plan", produced from the 1995 grant, this project consisted of improvements to several waterfront street-ends for public access and recreational usage and the implementation of methods of stormwater runoff control methods. Completed C005870 Southold Erosion Mitigation Studies The Town studied the severe erosion problems in the vicinity of Mattituck Inlet and Goldsmith Inlet to determine the cause of the erosion and the best means of mitigating damages. The project furthered previous Environmental Protection Fund grants on erosion management fi'om the Department of State and advances~ a legislative member item, furthering the Goldsmiths Inlet study work and expanding its geOgraphic scope~ to include Mattituck Inlet. Completed T005872 Ferry Impact Workshop The Town sponsored a workshop to discuss ferry related impacts on Long Island coastal communities, with a particular emphasis on the north shore and east end. Completed C005871 Establish GIS Database for Growth Management This grant was used for the establishment of a GIS database to support a growth management planning initiative and to implement the LWRP. The project acquired data, trained staff and began the analysis of data for the watershed protection study that focused on water supply issues and their relationship to growth management. The project built upon previous EPF grants by establishing database and geographic coverages to apply information generated in the earlier studies for growth management planning. Completed C005961 GIS Implementation This grant was originally awarded to allow the Town to hire a GIS staffperson, however there were issues with Civil Service requirements and the town match and the grant was eventually used for GIS data collection, and to help pay for the involvement of the Peconic Land Trust in the preparation of the draft LWRP. Completed· C006158 Eelgrass Culture Facility for the Peconic Estuary In partnership with Comell Cooperative Extension Marine Program, this award covered the design, construction, and operation of an eelgrass culture facility for the Peconic Estuary. The facility used seeds and stranded robust shoots to produce transplant stock rather than removing stock from existing beds. Refinement of this culture technology will have far-reaching effects on eelgrass restoration science. Completed. ONGOING GRANTS C005962 Road Ends Public Access and Stormwater Control Improvements This grant award continued the implementation of improvements identified in the "Town of Southold Natural Resources and Protection Plan". Work provided at public access and stormwater control improvements at appropriate road-ends. Work stalled over the last two years with plans for improvements at Duck Pond Point not implemented. Contract expired. No extension, final PR should be submitted within 60 days. C006157 Southold Erosion Mitigation Project This grant will allow the Town to develop and implement a strategy to address erosion problems around the jetty at Goldsmith's Inlet. Work includes consulting services to manage the SEQRA process and conduct modeling of coastal processes and hydrology to help assess alternatives. Contract expired. Awaiting status report and assessment of Town direction on completing L WRP before granting extension C006213 Implementation of priority LWRP projects This grant will implement a series of priority projects that have been identified in the Town's draft LWRP. These have been identified as the preparation of a capital budget for stormwater remediation, mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, an analysis of marine zoning districts and public education. Contract expired. Awaiting revised payment request, status of products and assessment of Town direction on completing L WRP before granting extension. C006353 Implementation of the Town of Southold LWRP The Town will implement several key recommendations of the Town of Southold Local Waterfxont Revitalization Program. Attention will focus on developing a public education program, improving and preserving surface water quality and shoreline habitat, and implementing a natural resource protection and enhancement program. No contract - awaiting assessment of Town direction on completing L WRP before developing a work plan. C006471 Planning for stormwater management With the assistance o f Comell Cooperative Extension, the Town will develop a Waterbody Management Plan for creeks connecting to Long Island Sound and the Peconic Estuary. The project will include inventory and assessment of all Town stormwater infrastructure. No contract - awaiting assessment of Town direction on completing L WRP before developing a work plan. 3 opportunities, to protect, maintain and exPand publi~"acc~i, and to' mi~fgate poll.ution problems by controlling stormwater runoff. Completed ' ' . '~ T005799 Seed Clam Grow-out Program This grant provided for the construction of grow-out rafts for seed clams. Compleied C005800 Mattituck Inlet Stormwater Plan This grant was for the development ofa stormwater management plan that will reduce the level of sediments, nutrients, and pollutants entering Mattituck Inlet, and for the protection of the habitat and economic uses associated with shellfishing. The project prioritized a listing of watershed improvement projects for stormwater mitigation projects. These projects should form the basis ,for further grant applications for improvements through the Clean Water/Clean Air Bond Act 6r' the Environmental Pr6tection Fund. Completed C005757 Street-end Access Improvements In accordance with the "Town of Southold Natural Resources and Protection Plan", produced from the 1995 grant, this project consisted of improvements to several waterfront street-ends for public access and recreational usage and the implementation of methods of stormwater runoff control methods. Completed C005870 Southold Erosion Mitigation Studies The Town studied the severe erosion problems in the vicinity of Mattituck Inlet and Goldsmith Inlet to determine the cause of the erosion and the best means of mitigating damages. The project furthered previous Environmental Protection Fund grants on erosion management from the Department of State and advances a legislative member item, furthering the Goldsmiths Inlet study work and expanding its geographic scope to include Mattituck Inlet. Completed T005872 Ferry Impact Workshop The Town sponsored a workshop to discuss ferry related impacts on Long Island coastal communities, with a particular emphasis on the north shore and east end. Completed C005871 Establish GIS Database for Growth Management This grant was used for the establishment of a GIS database to support a growth management planning initiative and to implement the LWRP. The project acquired data, trained staff and began the analysis of data for the watershed protection study that focused on water supply issues and their relationship to growth management. The project built upon previous EPF grants by establishing database and geographic coverages to apply information generated in the earlier studies for growth management planning. Completed C005961 GIS Implementation This grant was originally awarded to allow the Town to hire a GIS staffperson, however there were issues with Civil Service requirements and the town match and the grant was eventually used for GIS data collecti6n, and to help pay for the involvement of the Peconic Land Trust in the preparation of the draft LWRP. Completed. opportunities, to protect, maintain and expand public access, and to mitigate pollution problems by controlling stormwater runoff. Completed T005799 Seed Clam Grow-out Program This grant provided for the construction of grow-out rafts for seed clams. Completed C005800 Mattituck Inlet Stormwater Plan This grant was for the development ofa stormwater management plan that will reduce the level of sediments, nutrients, and pollutants entering Mattituck Inlet, and for the protection of the habitat and economic uses associated with shellfishing. The project prioritized a listing of watershed improvement projects for stormwater mitigation projects. These projects should form the basis for further grant applications for improvements through the Clean Water/Clean Air Bond Act or the Environmental Protection Fund. Completed C005757 Street-end Access Improvements In accordance with the "Town of Southold Natural Resources and Protection Plan", produced fi.om the 1995 grant, this project consisted of improvements to several waterfront street-ends for public access and recreational usage and the implementation of methods of stormwater runoff control methods. Completed C005870 Southold Erosion Mitigation Studies The Town studied the severe erosion problems in the vicinity of Mattituck Inlet and Goldsmith Inlet to determine the cause of the erosion and the best means of mitigating damages. The project furthered previous Environmental Protection Fund grants on erosion management from the Department of State and advances a legislative member item, furthering the Goldsmiths Inlet study work and expanding its geographic scope to include Mattituck Inlet. Completed T005872 Ferry Impact Workshop The Town sponsored a workshop to discuss ferry related impacts on Long Island coastal communities, with a particular emphasis on the north shore and east end. Completed C005871 Establish GIS Database for Growth Management This grant was used for the establishment of a GIS database to support a growth management planning initiative and to implement the LWRP. The project acquired data, trained staff and began the analysis of data for the watershed protection study that focused on water supply issues and their relationship to growth management. The project built upon previous EPF grants by establishing database and geographic coverages to apply information generated in the earlier studies for growth management planning. Completed C005961 GIS Implementation This grant was originally awarded to allow the Town to hire a GIS staff person, however there were issues with Civil Service requirements and the town match and the grant was eventually used for GIS data collectic~n, and to help pay for the involvement of the Peconic Land Trust in the preparation of the draft LWRP. Completed. 2 TOWN OF SOUTHOLD: SUMMARY OF DEPARTMENT OF STATE GRANT ASSISTANCE Contract Title Award Year Expires E/x~ende~ Remainin C005628 Harbor Management Plan $25,000 94 EPF-R Closed C005627 Erosion Mgmt Plan $25,000 94 EPF-R Clos6d- C005671 Street End Access and Stormwater Mitigation $15,000 95 EPF-R Closed T005799 Seed Clam Grow-out Program $4,800 76 EPF-R Closed C005800 Maaituck Inlet Stormwater Plan $40,000 96 EPF-R Closed C005757 Street-end Access Improvements $42,000 : 96 EPF-R Closed C005870 Southold Erosion Mitigation Studies $160,00(3 97 EPF-R Closed T005872 Ferrylmpact Workshop $3,500 97EPF-R Closed C005871 Establish GIS Database for Growth Management ' $60,000 97 EPF-R Closed C005961 GIS Implementation $18,300 98 EPF-R 03/31/02 ~ $16,470 $1,830 C005962 Road Ends Public Access and Stormwater Control Improvement,, $35,000 98 EPF-R 03/31/02 $13,675 $21,325 C006157 Southold Erosion Mitigation Project $90,000 99 EPF-R 03/31/02 $0 $90,000 C006158 Eelgrass Culture Facility for the Peconic Estuap/ $53,000 99 EPF-R 03/31/02 $16,690 ~ C006213 Implementation of priority L~R.P projects $50,000 00 EPF-R I , $0 $50,000 PROJECT SUMMARIES CLOSED GRANTS. C005628 Harbor Management Plan This grant was for the preparation of a Harbor Management Plan to address boating congestion and completion of uses of the surface water within and adjacent to the town. The plan provided guidance in managing boat traffic, general harbor uses, docks, piers, moorings, pump-out facilities, special anchorage areas, and identification of navigation channels. It included detail on Mattituck Inlet and has been utilized in the preparation of the Draft LWRP. Completed C005627 Flooding and Erosion Management Plan This grant was for the preparation of an erosion management program. The program focused upon town wide flooding and erosion problems such as the down drift erosion conditions at Goldsmith's Inlet. It provides much of the detail on erosion that is in the Draft LWRP. Completed C005671 Street End Access and Stormwater Mitigation This grant was for the development of plans for natural resource restoration and resource protection projects at several shoreline road-end sites throughout the Town. The plans are intended to expand recreational opportunities, to protect, maintain and expand public access, and to mitigate pollution problems by controlling stormwater runoff. Completed T005799 Seed Clam Grow-out Program This grant provided for the construction of grow-out rafts for seed clams. Completed C005800 Mattituck Inlet Stormwater Plan This grant was for the development of a stormwater management plan that will reduce the level of sediments, nutrients, and pollutants entering Mattituck Inlet, and for the protection of the habitat and economic uses associated with shellfishing. The project prioritized a listing of watershed improvement projects for stormwater mitigation projects. These projects should form the basis for further grant applications for improvements through the Clean Water/Clean Air Bond Act or the Environmental Protection Fund. Completed C005757 Street-end Access Improvements In accordance with the "Town of Southold Natural Resources and Protection Plan", produced from the 1995 grant, this project consisted of improvements to several waterfront street-ends for public access and recreational usage and the implementation of methods of stormwater runoffcontrol methods. Completed C005870 Southold Erosion Mitigation Studies The Town studied the severe erosion problems in the vicinity of Mattituck Inlet and Goldsmith Inlet to determine the cause of the erosion and the best means of mitigating damages. The project furthered previous Environmental Protection Fund grants on erosion management from thc Department of State and advances a legislative member item, furthering the Goldsmiths Inlet study work and expanding its geographic scope to include Mattituck Inlet. Completed T005872 Ferry Impact Workshop The Town sponsored a workshop to discuss ferry related impacts on Long Island coastal communities, with a particular emphasis on the north shore and east end. Completed C005871 Establish GIS Database for Growth Management This grant was used for the establishment of a GIS database to support a growth management planning initiative and to implement the LWRP. The project acquired data, trained staff and began the analysis of data for the watershed protection study that focused on water supply issues and their relationship to growth management. The project built upon previous EPF grants by establishing database and geographic coverages to apply information generated in the earlier studies for growth management planning. Completed ONGOING GRANTS C005961 GIS Implementation This grant was originally awarded to allow the Town to hire a GIS staff person, however there were issues with Civil Service requirements and the town match and the grant was eventually used for GIS data collection, and to help pay for the involvement of the Peconic Land Trust in the preparation of the draft LWRP. Work completed, awaiting on Valerie to supply records to ,John Cushman so final payment request can be filed. Grant will not be extended beyond March 2002. Final payment request must be submitted ASAP. C005962 Road Ends Public Access and Stormwater Control Improvements This grant award continues the implementation of improvements identified in the "Town of Southold Natural Resources and Protection Plan". Work continues on public access and stormwater control improvements at appropriate road-ends. Funding remains for one road end, most likely at Duck Pond Point. If work is going to extend beyond March 2002, the Town will need to request a contract extension. C006157 Southold Erosion Mitigation Project This grant will allow the Town complete a study, begun with previous EPF grants, to develop and implement a strategy to address erosion problems around the jetty at Goldsmith's Inlet. Under the original work plan, the Town will retain consulting services to manage the SEQRA process, conduct modeling of coastal processes and hydrology to select an altemative, conduct borrow site proving, undertake beach monitoring, and prepare final design plans for the selected alternative. However, there are issues with the Town's match for this project and the scope of work may be changed as a result of the recent Town Board resolution on the Goldsmith Inlet issue. Contract in place, no work started, will need work program and budget amendment and contract extension beyond March 2002. .~4 ~ ~-o C006158 Eelgrass Culture Facility for the Peconic Estuary The Town of Southold applied for a grant in partnership with Comell Cooperative Extension Marine Program to design, construct, and operate an eelgrass culture facility for the Peconic Estuary. The facility will use seeds and stranded robust shoots to produce transplant stock rather than removing stock from existing beds. Refinement of this culture technology will have far-reaching effects on eelgrass restoration science. Underway. Will likely need contract extension beyond March 2002. y_~-t--~c,aD2~ ~ ~?9~3 C006213 Implementation of priority LWRP projects This grant will implement a series of priority projects that have been identified in the Town's draft LWRP. These have been identified as the preparation of a capital budget for stormwater remediation, mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, an analysis of marine zoning districts and public education. No work program has been prepared and the scope of work can be reviewed. Contract will be prepared once direction is provided from the Town. PENDING APPLICATIONS Mattituck Inlet Erosion Mitigation Plan The Town will evaluate the coastal processes in the littoral cell from the Town line to Duck Pond Point, with a goal of designing a sand by-pass system at Mattituck Inlet. Total Project Cost: $150,000.00 State Share Requested: $75,000.00 Local Share: $75,000.00 3 To: Shawn Keirnan, NYS Department of State, Division of Coastal Resources Laurissa Parent, NYS Department of State, Division of Coastal Resources From: Mark Terry, Senior Environmental Planner LWRP Coordinator -' ~ Re: Southold Implementation of Priority?4/RP Grants (#C006213)., ~ Date: December 27, 2005 ..-.-- ~ The Town of Southold is in the process of completing the outstanding Work Plan tasks for the LWRP Grant C006213. Task 7 is nearly complete. The Town of Southold Town Board is nearing the adoption of a new Mooring Code. The code outlines supports the development of a townwide mooring management plan An examination of existing moorings in relation to eelgrass, shellfish beds, channels and marinas is included in Table 1. Table 1. Indicating Mooring Interactions with Eelgrass, Channels, Marinas, Boat Ramps and Shellfish. Creek Eelgrass Channels Marinas Ramps Shellfish Brushes Creek Budd Pond N N N N u Cedar Beach Creek N N N N u Conkling Point N N N N u Corey Creek N N N N u Dam Pond N N N N u Deephole Creek N N N N u Downs Creek N N N N u East Creek N N N N u Fishing Shack Creek N p N N u Goldsmiths Inlet N N N N u Goose Creek N N N N u Gull Pond N P N P u Hallocks Bay N N N N u Halls Creek N N Harbor Lights N Creek N Hashamomuck N Pond N Hay & Broadwaters N Cove N James Creek N N Jockey Creek N N Little Creek N P Mattituck Creek N N Mud Creek N N Petty's Pond N N Pipes Cove N N Richmond Creek N N Sages Basin N P Schoolhouse Creek N N Shellfisher N Preserve N Spring Pond N N Stiding Basin N N Town Creek N N West Creek N N West Harbor N N Wickham Creek N N Wunneweta Pond N N N N N N u N N u N N u N = no impact or conflict, y = impacts exist, P = possible complaints from user and u = unknown groups N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u N N u impacts but no An examination of alternatives to the current mooring layouts is addressed on a case by case basis by the Town of Southold Board of Trustees. The analysis of the efficiency of the current mooring pattern has determined not to be possible with existing resoumes. Correspondingly, with new mooring fields delineated the task may not be beneficial to the town. Task 8 the implementation of erosion management measures has been partially completed with the adoption the following code language and amendments for areas subject to new construction and/or site disturbance. 1. Added August 2004; Chapter § A106-41. Inspection of improvements, item G, requires that: G. All development greaterthan a cumulative area of one acre shall require Phase II stormwater/erosion control mitigation requirements as set forth by federal and state regulations, including SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02- O1). 2. The revised Chapter 97 includes the following erosion control requirements: § 97-27. Construction and operation standards. A. General. The fo/lowing standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. 3. Added June, 2003; Chapter 46-10 C requires the following for all Building Permit applications; Compliance with the fo/lowing regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold: [Added 11-6-2003 by L.L. No. 24-2003] (1) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. Additionally, all building permits which disturb an area greater than one acre are also required to secure a NYS Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02-01). The SPDES permit defers to the DRAFT New York Standards and Specifications for Erosion and Sediment Control (2004). This manual of standards has been adopted by the New York State Department of Environmental Conservation as minimum criteria for an erosion and sediment control plan prepared for construction sites. The document also includes a section and data sheets on Establishing Tress, Shrubs and Vines including a table of "Trees Suitable for Landscape and Conservation Plantings in New York". Therefore, it is the position of the Town of Southold that the above code changes coupled with the requirement to obtain a SPDES permit in the application process for building permits and subdivisions meets the code changes requirements for slope stabilization. To satisfy the digital erosion site data map requirement, the Town Engineer, Senior Environmental Planner and Town of Southold Data Processing Department are working to produce a draft version which will be submitted to you upon completion. Lastly, Task 10; the work plan for Development of an LWRP Educational Program is included below for your review. The objectives and schedule of future projects follows. Phase 1. Public Education The Peconic Estuary system and The Long Island Sound are integral parts of the Southold Town economy and ecology. In order to sustain these valuable resources, we must achieve a balance between the needs of the estuary's resources and the sometimes-conflicting demands of the region's populace. Key to establishing this balance is an educated citizenry that is willing to support, promote and actively participate in measures to protect the estuary system at home, at work, and while recreating, and collectively act as wise stewards of a shared public resource. Achieving this requires an intensive education and outreach effort that is aimed at key audiences/stakeholders, as well as the public in general. Effective public education in the LWRP is needed to develop the broad-based public support needed to ensure that estuary program recommendations reach the implementation phase. The ultimate goal of public participation in the LWRP is to establish the public consensus that ensures long-term support and implementation of goals. The public participation program supplements and complements Peconic Estuary and Long Island Sound Study activities and advances the role of providing for public input to estuary program decision- making. The Public Education Program is designed to coordinate all forms of public outreach and education about Southold Town's coastal resources in a carefully focused effort whose over-riding goal will be to explain and promote the Town's Local Waterfront Revitalization Program. Different forms of media and outreach techniques will be used to appeal to year round residents, summer residents and tourists as well as corporate and business enterprises. The program will consolidate ongoing and sporadic local and regional efforts to enhance public and corporate understandings of Southold Town's unique coastal resources and their relationship to the local economy, as well as to build immediate and long- term support for the implementation of the Local Waterfront Revitalization Program, some elements of which require active, but voluntary public participation and support. This program is designed to consolidate and enhance existing public outreach and education efforts within the Town of Southold. The program will focus attention on the role of the LWRP in protecting and managing the coastal resources of the Town, as well as in enhancing public access to and enjoyment of those resources. As outlined below, key elements of the LWRP, particularly those requiring public understanding and active participation (e.g. the Farm and Farmland Protection Strategy and the Water Supply Management and Watershed Protection Strategy) will be promoted in a continued series of public education and awareness campaigns throughout the year, as opposed to a one-shot round of public hearings. Successful implementation of the LWRP will require a sustained community as well as governmental effort. Southold Town has a long and proud tradition of volunteerism that is evident in several different facets of community life. Many people who live (and summer) in Southold still feel they that they, as individuals, can make a difference. This program is designed to tap into that wellspring of optimism and civic pride by broadening public understanding of the role or actions each individual can play or take to help local (and State) government protect and manage the unique and irreplaceable coastal resources of the Town. Program Objectives: Key objectives to be achieved include: = Improve and expand traditional avenues of public education through use of a wider and more interactive range of media and outreach techniques. Strengthen public understanding of the role of the LWRP will play in protecting Southold Town's natural resources and the economy. Build public support for the ongoing legislative and procedural changes that will be needed to protect the key resources and to promote revitalization of and access to the waterfront. Enhance the effectiveness of the LWRP by encouraging a greater level of public participation in protecting the Town's natural resources, as well as enjoying them. Wherever possible, a hands- on, roll-up-the sleeves, can-do approach to environmental protection, resource management and waterfront revitalization will be emphasized. Public Benefits: Anticipated benefits will go beyond that of enhanced environmental protection. A well-managed and protected environment is more likely to be a productive one; a situation which can have only positive ramifications for the local economy. Further, there also is a potential psychological benefit to the community that may arise from this program. In an age when many Americans, youth particularly, feel quite cynical about government, the proposed hands-on, roll-up the sleeves, can- do approach to managing and protecting environmental resources - offers an attractive alternative and a constructive outlet for these frustrations. The end result will be better LWRP implementation and a better coastal resource for all to enjoy. Component Tasks: 1. Identify short-term public education needs and appropriate media and outreach techniques. (Two examples of this are: public meetings to explain the general thrust of the LWRP program, and meetings to explain the purpose of new legislation or regulations that may be needed.) 2. Identify long-term public education and awareness needs and appropriate media and outreach techniques. (Two examples of this are: ongoing outreach for purposes of encouraging voluntary preservation of wetlands, open space, agricultural lands, and unique scenic vistas and a series off awareness seminars for property owners about how to protect their groundwater from point source contamination.) Special attention will be given to youth-oriented outreach and participation programs, hopefully in conjunction with local school districts. Develop appropriate awareness campaigns based on the needs and priorities identified in Tasks # 1 and 2. Conduct the campaigns, and based on evaluations of their effectiveness, either replicate or change to improve them. = I. Townwide Educational Program A. Lack of education about ecological role of coastal ecosystems is responsible for a significant portion of the wetland violations. Further, the Town feels that better public understanding of the purposes of LWRP will improve voluntary compliance with regulations. Solution: Education program for General Public (Residents and Visitors) · Media - 60 second public service announcements on the radio and 10-15 minute segments on Cornell Cooperative Extension's monthly cable program On The Water involving students in production and on air appearances will be produced. Fifteen public service announcements for radio and 6 15minute video segments will be produced in Cornell's in- house video and audio production facility at Cedar Beach in Southold. · Brochure - A brochure will be produced outlining regulations and asking for voluntary compliance from citizens. This brochure will involve quotes from local kids and elected officials and various citizens in the community. It will be the primary handout educational tool for appearances at civic clubs and organizations, and will be prominently displayed in a display to be constructed in Town Hall. B. There is also a lack of educational materials that is proving an obstacle to effective communication with property owners and developers about acceptable construction techniques and land management measures. The Town will develop Educational Materials for property owners and developers, identifying acceptable construction techniques and land management measures within the Town, and resources to go to for further information/help. · A series of 10 minute videos for property owners, developers, and construction personnel will be developed. · Educational hand out sheets will be produced to accompany videos. · A series of ads will be produced for the local newspapers featuring educational messages · A coloring book and postcard campaign will be produced and conducted as educational initiatives. Funding for these and other initiatives will be sought in the future to continue the process of public education concerning the LWRP in the Town of Southold. Please advise me of any remaining outstanding issues. t'age Iot 2 Chris Smith From: To: Sent: Subject: "Chris Smith" <cfs3@comell.edu> "Mark Terry" <mark.terry@town.southold.ny.us> Tuesday, September 06, 2005 3:02 PM Fw: Southold Implementation of Priority LVVRP Projects (#C006213) ..... Original Message ..... From: "Scopaz, Valerie" <planning~town.southold.ny.us> To: "Shawn Kiernan" <SKieman~dos.state.ny;u_s> Cc: "Dennis Mildner" <DMildner~dos.state.ny.u$>; "Laurissa Parent" <LParent~dos.state.ny.us>; "Stephen Ridler" <SRIDLER~dos.state.ny.us>; "Cushman, John" <John. Cushman~town.southold.ny._u_s>; "Liguori, Joanne" <joar!n_ e.liguori~,~,town.southold.ny.us>; "Tetrault, Heather" <heather.tetrault~town.southold.ny.u_s>; "Johnson, Joanne" <Joanne. Johnson~town.southold.ny.us>; "Finnegan, Palxicia" <Patricia. Finnegan@town.southold.ny.us>; "Christopher F. Smith (E-mall)" <cfs3~cornell.edu> Sent: Friday, April 08, 2005 12:04 PM Subject: RE: Southold Implementation of Priority LWRP Projects (#C006213 Dear Mr. Kiernan; Thank you for the update on the status of the contract. We will proceed to address the remaining items noted in your message. Sincerely, Valerie Scopaz, AICP Director Planning Department ..... Original Message ..... From: Shawn Kiernan [mallto:SKieman~dos.state.ny.us] Sent: Friday, April 08, 2005 10:59 AM To: Scopaz, Valefie Cc: Dennis Mildner; Laurissa Parent; Stephen Ridler; Cushman, John Subject: Southold Implementation of Priority LWRP Projects (#C006213) Ms. Scopaz, We received your status report and final payment request for contract C006213, and it appears that you have made good progress. However, some of the tasks identified in the contract have not been fully completed, and we are not able to make a full payment. We suggest that the overall project is approximately 75% complete, and we could provide a partial reimbursement of those costs. Therefore, Laurissa Parent will process a payment request for $37,500. The remaining payment will be made upon 9/13/2005 completion of the incomplete contract tasks. I'd like to direct your attention to the following subtasks listed in the contract that have not yet been accomplished to make it easier for you to direct your contractor in order to fulfill the contract. rage z o~ z 1) As a reminder, please ensure that all materials produced under this contract reflect the Department of State and acknowledge the receipt of funds under T~tle 11 of the EPF. 2) Under Task 7, the following subtasks should be addressed: , e~m~f ~ moomes m rela~on to ~ ~d~ ~- ~on of alternatives to ~e c~ent mooring layouts' - developmem of alternative solutions for moo~g field problems - a Fiml Mooting M~agemen~ PI~ ~co~rat~g ~e above-menfione~ Under T~k 8: ?mapping ~e locatio~ of efisting erosion consol ~d slope destabilization sites, supplement~g ~e stops ~d outfalls mapped part of this project - analysis and description of these identified sites - development of generic slope stabilization, regrading and.9 landscaping guidelines for use by the public - incorporation of the guidelines into Town law, and dissemination to~ the public 4) Under Task 10: - Please continue to identify the Town's priority short-term and -- ~r~ long-term educational programs and material designed. To satisfy ~')~/ contract task, I recommend preparing a brief document describin~ educational Programs you have undertaken (i.e., the Mattituck Creekf.-~ brochure) and ones that you would like to see in the future. I have also received and mailed back the hard drive containing the electronic version of the mooring data sent by John Sepenoski. Please feel free to contact me if you have any questions or if there is anything that I can do to help. Shawn Kiernan NYS Department of State Division of Coastal Resources 41 State Street, 8th Floor Albany, NY 12231 (518) 473-3656 (518) 473-2464 fax 9/13/2005 DRAFT To~ Shawn Keiran (Title) Laurissa Parent (Title) From: Mark Terry, Senior Environmental Planner LWRP Coordinator Re: Completion of LWRP Grant (#C006213) Date: September 12, 2005 The Town of Southold is in the process of completing the outstanding LWRP Grant C006213 Work Plan tasks. Task 7, which involves the completion of the Southold Mooring Management Plan is in final stages and work is expected to be completed by XXXXXX, 2005. Task 8 the implementation of Erosion Management Measures has been partially completed with the adoption the following code language and amendments for areas that are subject to new construction and/or site disturbance. 1. Added August 2004; Chapter § A106-41. Inspection of improvements, item G, requires that: G. All development greater than a cumulative area of one acre shall require Phase Il stormwater/erosion control mitigation requirements as set forth by federal and state regulations, including SPDES General Permit for Stormwater Discharges from Construction Activity (GP-02-O1). 2. Added June, 2003; Chapter 46-10 C requires the following for Building Permit applications; Compliance with the following regulations shall be a continuing condition for the validity and existence of any building permit and issuance of a certificate of occupancy by the Town of Southold: [Added 11-6-2003 by L.L. No. 24-2003] (1) Stormwater runoff generated as a result of up to a two-inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and/or grading. (2) Prior to the issuance of a certificate of occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. (3) Prior to the issuance of a certificate of occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. (4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other measures. Additionally, all building permits which disturb an area greater than one acre are also required to secure a SPDES General Permit for Storm-water Discharges from Construction Activity (GP-02-01). The Town of Southold defers to the DRAFT New York Standards and Specifications for Erosion and Sediment Control (2004). This manual of standards has been adopted by the New York State Department of Environmental Conservation as minimum criteria for an erosion and sediment control plan prepared for construction sites. It is administered through the SPDES permit process. The document also includes a section and data sheets on Establishing Tress, Shrubs and Vines including a table of"Trees Suitable for Landscape and Conservation Plantings in New York". Therefore, it is the position of the Town of Southold that the requirement to obtain a SPDES permit in the application process for building perm~Lmd~ su~bdivisions meets the code changes requirements for slope stabilization an~eg~arding.9 The Town Engineer, Senior Environmental Planner and Town of Southold Data Processing Department are working to produce a digital erosion site data map. Task 10 Development of an LWRP educational program is in progress. I expect to deliver a schedule of projects to you in the near future. Please contact me with r~¢auestions at (631) 765 -1938. Cc~ Town of Southold Planning Board Jamie Ricther, Office of the Town Engineer Jim McMahon, Office of Community Development Christopher Smith, Comell Cooperative Extension Terr~, Mark From: Subject: Chris Smith [cfs3@cornell.edu] Tuesday, September 06, 2005 3:02 PM Terry, Mark Fw: Southold Implementation of Priority LWRP Projects (#C006213) ..... Original Message ..... From: "Scopaz, Valerie" <planning@town.southold.ny.us> TO: "Shawn Kiernan" <SKiernan@dos.state.ny.us> Cc: "Dennis Mildner" <DMildner@dos.state.ny.us>; "Laurissa Parent" <LParent@dos.state.ny.us>; "Stephen Ridler" <SRIDLER@dos.state.ny.us>; "Cushman, <John. Cushman@town.southold.ny.us>; "Liguori, Joanne" <joanne.liguori@town.southold.ny.us>; "Tetrault, Heather" <heather.tetrault@town.southold.ny.us>; "Johnson, Joanne" <Joanne.Johnson@town.southold.ny.us>; "Finnegan, Patricia" <Patricia. Finnegan@town.southold.ny.us>; "Christopher F. Smith (E-mail)" <cfs3@cornell.edu> Sent: Friday, April 08, 2005 12:04 PM Subject: RE: Southold Implementation of Priority LWRP Projects (#C006213) John" Dear Mr. Kiernan; Thank you for the update on the status of the contract. We will proceed to address the remaining items noted in your message. Sincerely, ~Valerie Scopaz, AICP irector Wlanning Department ..... Original Message From: Shawn Kiernan [mailto:SKiernan@dos.state.ny.us] Sent: Friday, April 08, 2005 10:59 AM TO: $copaz, Valerie Cc: Dennis Mildner; Laurissa Parent; Stephen Ridler; Cushman, John Subject: Southold Implementation of Priority LWRP Projects (#C006213) Ms. Scopaz, We received your status report and final payment request for contract C006213, and it appears that you have made good progress. However, some of the tasks identified in the contract have not been fully completed, and we are not able to make a full payment. We suggest that the overall project is approximately 75% complete, and we could provide a partial reimbursement of those costs. Therefore, Laurissa Parent will process a payment request for $37,500. The remaining payment will be made upon completion of the incomplete contract tasks. I'd like to direct your attention to the following subtasks listed in the contract that have not yet been accomplished to make it easier for you to direct your contractor in order to fulfill the contract. 1) As a reminder, please ensure that all materials produced under this contract reflect the Department of State and acknowledge the receipt of funds under Title 11 of the EPF. Under Task 7, the following subtasks should be addressed: examination of existing moorings in relation to eelgrass and shellfish beds, channels, rinas and boat launches an analysis of the efficiency of the current mooring pattern examination of alternatives to the current mooring layouts ~ 1 development of alternative solutions for mooring field problems a Final Mooring Management Plan incorporating the above-mentioned analyses. 3) Under Task 8: mapping the locations of existing erosion control and slope destabilization sites, )lementing the sumps and outfalls mapped as part of this project analysis and description of these identified sites development of generic slope stabilization, regrading and landscaping guidelines for use by the public incorporation of the guidelines into Town law, and dissemination to the public 4) Under Task 10: - Please continue to identify the Town's priority short-term and long-term educational programs and material designed. To satisfy this contract task, I recommend preparing a brief document describing the educational programs you have undertaken (i.e., the Mattituck Creek brochure) and ones that you would like to see in the future. I have also received and mailed back the hard drive containing the electronic version of the mooring data sent by John Sepenoski. Please feel free to contact me if you have any questions or if there is anything that I can do to help. Shawn Kiernan NYS Department of State Division of Coastal Resources 41 State Street, 8th Floor Albany, NY 12231 (518) 473-3656 (518) 473-2464 fax To: S'vlsor Horton and Town Bd From: T. Wick/mm Date: Re.: Aug I 20135 Notes from Code Corem mm of Amc Bill Edwards and I met with the Town Trustees, Town Arty and ,s,~ff from the Trustee and Planning Departments to find a way to handle more efficiently LV~RP-.eon~qistency reviews of applications to the Trustees. As many as forty applications are filed in a given Trustee meeting, and all of them require some level of LWRP review. The LWRP Consistency Coordinator Mark Terry explained the review process he has adopted and the best mgmt practices that form part of his recommendations. His memo of Jul 29 to the Town Bd on the subject was circulated and discussed. Trustees and Trustee staff value his recommendations but note the excessive time delays resulting from the sheer volume of applications. All agreed that the public is not well served by the current procedure, We agreed that the following procedure of 1bur parts would be a workable improvement: 1. The LWRP Coordinator will continue to provide final review recommendations for every application, as required by the law, The Environmental Analyst in the Trustee's office (H. TetraulO will attach a cover sheet to every application forwarded to the LWRP Coordinator briefly summarizing the nature of the application and any sensitive aspects to it. If necessag,', she will outline the result of a site visit. It is anticipated that this cover sheet will streamline the Trnstee's internal processing and enable the LWRP Coordinator to give an expedited recommendation. Because this work will take a significant portion of Heather's time, it was agreed that Lauren Standish would take up the clerical workload that Heather will have to give up in order to carry out (2) above, It waS further agreed that the Trustee office will need additional staff to adequately serve the public. A part-time clerical person who could help Lauren transcribe minutes, file and carry out a range of office support services would be necessary for successfolly processing applications according to this procedure. The Trustees indicated that a half-time position is needed for this purpose immedmtely, although it may he possible to scale it back somewhat as the office becomes more familiar with the procedure. This position has not been budgeted for in 2005, and the Trustees believe there is little savings elsewhere in their budget to finance the pOsition. They would support a modest increase in various tees, however, tO increase revenues. Proposed Resolution: Resolved that the Town IM hereby authorizes the Town Clerk to advertise for a half-time clerk-typist for the Trustee office effective Aug 15. Fax for Mark Terry', 765-3136 From Tom Wickham, 73,{-5454 Aug ! Pis take a look at the attached oae-p draft memo to the Town Bd, and pis walk it down to Heather and Lauren. Pis call me at home (734-545~ or 734-2267) before 8:45AM with any suggested changes. If I don't hear from you by that time I'll prepare this draft in final for the Bd mtg at 9 AM. attch: I p FACEPAGE CONTRACTOR (Name and Add~ess): Town of Sonthold Town Hail, 53095 Main Road PO Box 1179 $outhold, NY 11971 fNYS COMI~ROLLER'S #: ORIG. AGENCY CODE: C006213 19OOO T~ndE OF PROGRAM: EnvironmentalProteotion "1 Act STATE SHARE FUNDING AMOUI~ FOR INITIAL PERIOD $50,000.00 LOCAL SHARE FUNDING AMOUI~ FOR INITIAL PERIOD $$0,000.00 FEDERAL TAX IDENTIFICATION NUMBEP: 1 t-6001939 /; MT. INICIPALITY # IINITIAL CONTRACT PERIOD: I FROM: lanusry 2, 2003 TO: March31,2004I MULti-YEAR TERM (If applicable): 005 I From: lanuary 2, 2003 To: March3t,2 / APPENDIX A: kPpEIx!DIX A1 Including Attachlnents 1, 2, & 3 thereto: Agency-.~ccific clauses APPENDIX B: Budget APPENDICES ATTACI-~D TO AFID PART OF THIS AGREEIVIENT ~ Standard clauses as requital by thc Attorney General for all state conlx'acts APPENDIX C: Payment and Reporting Sch~:dul¢ APPENDIX D: Program Wor!cplan APPENDIX X: Modifica6on Agre~xncnt Form (to accompany modified appendices for changes in ~crm or consideration on an existing period or for renewal p.p__~iods) gO 39~d SBO~tl3OSB~ ~IS~OD l~gt~gE~-~,8If SS:El 1~00~1EIII0 COI~Yri~ACTOR Town of Southold. ./~oshua Y. Horton Supervisor, Southold Town ]~1WiTNESS THEEEOF, the parties hereto ha¥c executed or approved this AGREEMENT on thc dates below their si/natures. Contact No. C006213 STATE, AGENCY: New York State Department of State By: ~ 5/29/03 Title: Date: ACI~OWLEDGMENT Smt~ of New York ) · Cou~aty of Suffolk '; On th is 29th day of_ Joshua Y. Horton May ,20 0~, before me personally came known, who, being by me duly sworn, did depose and say that he/she/they ~side(s) ta Southold Town Ofthe place of residmt is in a city, include the st:eet md stz~et nttmbe~, if ~7, ~0~ ~t b~s~ey is(=c) ~ Supervisor (rifle ofoffic~ ~ ~plo~e) of~e Town of Southold (~ of municipal co~fi~), deprived ~ ~ wMch ~m~ ~ above ~s~g ~d ~at he/sh~ si~ed ~/~ na~(s) ~cto ~ au~ of ~e go~ing bo~ of add ~icipsl c~om~. ~ ~NI[ o0~ -- N~Y P~LIC ~ ~ 8~ ~ AFprovcd: Alan G. Hev~ Comptroller By: Date: 1 APPROVED DEPT. OF AUDF & coLrfROL SEP 9 n.n._q FOR THE STATE COMPTROLLER STATE OF NEW YORK AGREEMENT The AGREEMEIqT is hereby made by and between thc State of New York agency (STATE) and the public or private zg~y (COlqTRACTOR) identified on the face page het~f. "~V I'il',{-~SSETH: WHEREAS, the STATE bas the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEKEA,5, thc CONTEACTOR is ready, willing and able to provide such program services and possesses or can make available all u¢ccssaty qualified personnel, licenses, facilities and expertise to perform or have performed the services ~quired pu~suunt to the terms of this AGREEMENT; NOW, THERF. FO~, in consideration of the promises, responsibilities and covenants herein, the STATE and the cONTRACI'OR agree as follows: Conditions of A~reement A. This AOREEMENT may consist of successive periods (PERIOD), as specified within thc AOREEIVEENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by thc particular State agency, and shall be incorporated into this AOREEIVI~NT, B. Funding for the fLrst PERIOD shall not exceed the funding amoun~ specified on the face page hereof. Funding for each subsequent pF. RIOD, if any, shall not exceed the amouut specified in the appropriate appendix for that PERIOD. C. This AGREEM]~NT incorporates the face pages attached and all of the marked appendices identified on the face page h~'cof. D. For each succeeding PERIOD of thc AGREEMENT, the parties shall prepare new appendices, to thc extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used). Any terms of this AGREEMENT not modified shell remain in effect for each PERIOD of the AGREE ~MENT- To modify the AGREEMENT within an existing PERIOD thc parties shall revise or complete the appropriate appendix forms(s), Any change in the amount of consideration to be paid, or change in the ~ is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix Al. E. The CONTRACTOR shall perform all sec'vices to the satisfaction of thc STATE. The CO1'41 g. ACTOR shall provide services and meet the program objectives sumrnarized in the Program Work'pla.n (Appendix D) in accordance with: provistons of the AGREEM~ENT, relcvent laws, rules and regulations, adrnimstrativ¢ end fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. If thc CONTRACTOR ~nte~ into subcontracts for the performance of work pursuant to this AGg.EEM~NT, the CONTRACTOR shall take full responsibility for thc acts and omissions of its 3~d SBO~AOS3~ -~lS~O0 2 subconlractors. Nothing in the subconlract shall impair thc rights of the STATE under this AORE~. No contractual rclafionship shall be deemed to exist b~'w~ca ~c subco~, tractor and ~ STATE. (3. Appendix A. (Standard Clauses as required by the Attorney God,col for all State ooniracts) ,,la._s precedence over all other parts of the AGREEMENT. A. The CONTRACTOP~ to be eligible for payment, shall submit to the STATE's designated payrmmt office (identified in Appendix C) any appropriat~ documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a rammer acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule {Appendix C). The STATE shall pay the COIN 1P, ACTOR, in consid~ation of con~ract services for a given PERIOD, a sum not to exc~d the amount noted on the face pag~ hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate r~imbursement from other sources for CONTRACT['OP, costs and services provided pursuant to this AOREEMENT. C. The CONTRACTOR shall meet the audk requirc'ments specifledby the STATE. I~, Terminations. A. This AGREEMENT may be terminated at any tin~ upon mutual w~itt~n cons~nt of the STATE and the CONTRACTOR. B. The STATE may ~--x'minate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOI~ fails to comply with thc t~ u~s and conditions of this AGREEMENT end/or with any laws, rules, regulations, policies or procedures affecting this A(]REBMENT. C. Thc STATE may also termiratc this AGREEMENT for any reason in accordance with provisions s~t forth in Appendix Al. D. Written notice oftcTmination, where required, shall be sent by personal messenger service or by cc~tifled mail, return receipt requested. Thc termination shall be ¢ff6ctiw in accordance with terms of the notice. E. Upon receip~ of notice of termination, the CONTRACTOR shall cancel, prior to thc eff~ctiv~ dat~ of any prospective termination, all outstanding ol~ligations, and agrees not ~o incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services providcd and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall bc solely responsible and answerable in damages for any and all accident and/or injuries to person (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcouh'actors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE arid its officers and employees from claims, suits, actiona, datnages and costs of every nature arising out of the provision of services pursusnt to this AGREEMENT. VI. 3 B. The CONTRACTOR is an independem conU'actor and may neither hold itself out nor claim to be an officer, employee or subdivision of thc STATE nor make any claim, demand or application to or for any right based upon any different status. Any equipment, furniture, supplies or other property puwhascd pursuant to this AGP, EEMENT is decreed to be the property of the STATE except as may othc~'~uise be govemcd by Federal or State laws, rides or regulations, or ~s s~ated in Appendix Al. Safe~,uarcls for Services and Confidentiality A. Sc'~ices ped'ormed pursuant ~o this AGREEME~ are secular in nature md shall be pgrk'ormed in a mann=r that does not discriminate on th= basis of religious belief, or promote or discourage adherence to religiun in general or particular religious beliefs. B. Funds provided pursuant to this AG~T shall not be used for any partisan political scfivily, or for activilies that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the Agreement and in conformiW with applicable provisions of laws and regulations, or specified in Appendix Al. APPENDIX A Standard Clauses for All New York State Contracts the parties to tho attached conlract, license, ~ease, amendment or other agreement of any kind (bereinafler, "the con~act" or "~hts comract") agr~ to be bound by thc followi~ clauses which are lm-cby mad~ a part of the conWact (thc word "Conuactur" ber~/n refers to any parry other than thc S~ate, whether a con/factor, licenser, licensee, lessor, lessee or any other pan'y): 1. CU AU . In accordance with Section 41 of the State Finance Law, thc State shall have no liability under this contract to thc Contractor or to anyone else beyond funds appropriated and a~ailable for this contract. 2. NON-ASSlGNI~gNT CLAUSE. h accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Conlractor or its fight, title or intercst therein assigned, ~ransf=~,=d conveyed, sublet or otherwise disposed of without the previous consent, m writing, of the S~ate and any attempts to assign the conU~ct with.~ut the Stem'S w~'~n consent a~c null and void The Co;ttraetor may, however, assign its right te receive pa}.~nent without the State's pr/or written consent unless tlas contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance law. 3, COMPTROT,~,~R'S APPROVAL In accordance with Section 112 oftbe State Finance Law (or, if this contract is with the State University or Ci~ University of New York, Section 355 or $eotien 6218 of the Education Law), if this con,ct exceeds $15,000 (or the minimum thresholds agreed to by the Office of the State Compu-oller for certain S.U.N.Y. and C.U.N.Y. con~racts), or if this is an amendment for any amount to a co~tract wh/ch, as so amended, exceeds sa/d statutory amount, or if, by this contract, the State agrces to give sumcthing other than money when the value or reasonably estimated value of such consideration exceed~ $10,000, it shall not bc valid, effective or binding upun the State until it has approved by the State Comptroller and fileA in his office. 4, WORICI~RS' COMPENSATION BENEFITS. In accordance with Section 142 of the Statc Finance Law, this conlract shall be void and of no force and effect unless the Contracter shall provide and maintain coverage during lhe life of this contiact ~or the benefit of such eruployces as arc required to be covered by the provisions of the Workers' Compensation Law. 5. NON. DISCRIMInATION REOUIREMEN'fS. In ~c~ ~& ~cle 15 of ~ ~ecufi~ ~w (~so ~o~ ~ ~ H~ ~ ~w) ~ ~ ~ S~ md Fe~ ~m~ ~ c~o~ n~afi~ pro~sions, t~ ~n~ ~ not dis~a~ a~t ~y ~loy~ ~ a~hcant for ~lo~t ~anse of ~, ~e~ ~lon s~ ~ ofi~n, a~, di~bili~ ~ m~iul stoma. Fu~h~o~, ~ ~c~ce ~ Sec~ 22~ of ~ ~ ~w, if ~s is a c~ct for ~ cons~2on, alt~ ~ ~ir of~y public b~ld~g or public ~rk ~ f~ ~ ~c~c, salc ~ dis~ufion of ~a~, equip~t or s~Bes, ~ ~ ~ ~t ~t ~s con~t s~ll be p~o~d wi~ ~c State of New Y~ Con. for a~s ~t n~ it n~ i~ su~on~c~ sh~l, ~ rein of ~e, ~d, color, ~sabili~, ~, or m~on~ origin: (a) &~ in M~ ~ai~t any N~ Y~k State ci~ ~o is qualified and a~ble ~ ~f~ the ~rk; ~ ~) dis~imma~ agai~t or infi~m ~y employee M~d for ~e ~o~ce of w~k ~d~ ~ c~L If &is is a bulldog s~ce con~t ~ ~fin~ ~ ~ 2~0 cftc L~ Law, ~, ~ ~cor~cc ~& S~on 239 ~of, ~u~ac~r a~ees t~t n~r it n~ i~ su~n~a~ors s~ll by ~on of race, c~, col~, ~al ~ a~, ~x, ~ ~sabili~: (a) dls~atc iu ~g a~st ~y New York S~ ci~ wbo is qualified ~d a~ihblc m p~fo~ ~e w~ ~ ~) &scfin~te a~ or ~fi~te ~y ~loy~ Mred for~e p~fo~ce of w~k ~d~ ~s con~act C~ is subject ~ ~es of $50.00 p~ ~s~ p~ &y ~r ~y ~olafien of Sec~ 220~ or S~ 239 ~ well ~ ~ssible ~on offs con. ct ~d foffei~e of all mon~ due h~e~d~ for a s~ond or sub.quit ~ola~. 6. WAGE AND HOURS PROVISIONS. lfthis is a publig work contract covered by Article 8 of the Labor Law or a building sarvice conWact coverexi by Article 9 thereof, n~ither Contractor's ernployees nor the employees of its subcon~a-~ctors may be required or p~u,~tted to work more than thc number of hours or days stated in said statutes, except as otherwise provided in thc Labor law and as set forth in prevailing wage and suppJement schedules issued by the State Labor Department. FuCch~/more, Conlra~ter and its subcontractors must pay at least the provailing wage rate and pay or provide the prevailing supplements, including the pr~nim rates for ov~dme pay, as determined by tbe State Labor Department in accordance with the Labor Law. 11/00 7. NON-COLLUSIVE BIDDING REoUIREMElVIC. Ln accordance with Section 139-d of thc State Finance L~w, if this coniract was awarded based upon the submission of bids, Contractor wan-ants, under penalty of perjury, that its bid ~ arrived at independently and without collusion aimed at resil~cfing competition. Contractor fur~r warrants that, at the time Conirector submit~d its bid, an authorized and responsible person ~xecuted and delivered to the State a non-collusive bidding cen'ification on Contractor's behalf. 8. ~ATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this cont~'t exceeds $~,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, fh'm, partnership or corporstion has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of thc aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the ~inal determination of Lhe United Slates Commerce Deparlment or any other appropriate ag~Cy of thc United Stat~s subsequen~ to the cuniracters execution, such conizact, amendment or modification thereto shall be renck'red forfeit and void. The ConU'acter shall so notify tile State CompS'oiler within five (~) business days of such conviction, detmnination or disPosition of appeal (2NYCRR 10~.4). 9. ~. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purpoies of set-off any rlloneys due to the Contractor under this cuntract up to any amounts due and owing to the State with regard to this con~ract, any other contract with any State depa~hx~ent or agency, including any conUact for a term commencing prior to the term of this contract, plus any amounts duc and owing to thc State for any other ~eazon including, without limitation, tax delinquencies, fee delinquencies or moneta~ penalties relative thereto. The State shall exercise its set-off rights in accordance with normal Stste practices including, in cases of set-off pursuant to. an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. ~C~. Thc Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other cvideucc dirtily pel'tinent to performance under this contract (hercinaIter, collectively, "the Records"). Thc P. ee~rd~ must be kc'pt for thc balanoe of the calendar year in wMch they were made and for six (6) additional years ihereafter. Th~ .~tate Comptroller, the Attemcy General and any other person or entity authorized to conduct an ~xamination, az well as the aganoy or agencies involved in this cont,-act, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York ur, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term speci~ccl above for the purposes of inspection, auditing and copying. The State shall tal0~ rezzonable steps to protect from public disclosure any of the Records which are cxerapt from disclosure under Section 87 of the Public Officers Law (the "Statute') provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statut~ is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTII~rING II~'ORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDh'NTIFICATION NUMBER and/or FEDERAL SOCIAL SECIfRITY NUMBER, All invoices or New York State standard voUChers submitted for p~yment for ~ sale of goods or services or the lease of real or personal propmiy to a New York State agency must include the payee's identification number, i.e., thc seller's or lessor's identification number. The number is either the payec's Federal employer identification number or Federal social seeurity number, or both such n~,nbars when thc payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or number~, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to rcqucst thc above personal information from a seller cf goods er services or a lessor of real or personal Ixopeny, and thc authori~ to maintain sUCh information, is found in Section 5 oftbe State Tax Law. Disclosure of this information by thc seller or lessor to the Stato is rr~.ndatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax ~turns or may have understated 11/00 Bi] qSvd S~9~0S3~ 9~£S~00 A-3 their tax liabilities and ~o generally identify persons O affected by the taxes administered b.y the Commissioner of Taxation and Finance. The infonmt~on will be used for tax actminisir~tion purpose and for any other purposc authorized by law. (2) The personal infommtiun is mquestcd by the purchasing unit of thc agency cunlracting ro purchase the goods or services or lease the real or personal property cove~ed by this conlract or lease. The information is maintained in New York State's Central Accounting Syslm'n by the Director of Accounting Operations, Office of the State Comp~ollcr, AESOB, Albany, New York 12236. 12, EQUAL EIVIPLOYMENT OPPORTUNITIES FOR iVII~ORITr~,S AND WOMEN. In accordance with Section ~ 12 of the Executive law, if this contract is: (i) a written agreement or purchase order inslrument, providing for a total expenditure in excess of $25.000.00, whercby a contracting agency is committed ~o expend or does expend funds in remm for labor, services, supplies, equipment, rosterials or any combination of ~ foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $I00,000.00 whereby a contacting agency is conunit~d to expend or does e0cpend funds for the acquisition, construction, demolition, replaccmcnt, major repair or renovatiun of real property and intprovemems thereon; or (iii) a written agrccllle~l in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to cxpclld or does expend funds for the acqmsition, consU~ction, demolition, replacement, nmjor repair or ranovation of real property and irr~ovements th~rcon for such project, then: (a) The Con~ractor will not discfirninstc against employees or applicants for employment because of race, creed, color, natiunal origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirfrmtivc action to ensure that roJnority group members and wom~rt arc afforded eqtml employment opportunities withoul discrimination. Affirmative action shall mean reeruitment, employment, job assignment, promotion, upgraclings, demotion, transfer, layoff, or termination and r~tes of pay or other forms of coropc~sation; OD) at thc realuest of the contracting agency, thc Contractor shall request each erftployment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, scx, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the conuacto~s obligations herein; and (c) the Coniractor shall smate, in all solicitations or advcuiiscments for employees, tha~, in the performance of the State conlract, all qualified applicanis will be affordod cquai employment oppor~mittes without discrimination because of race, creed, color, national origin, sox, a~e, disability or marital Contractor will include the provisions of'a, "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements d~reun (the Work) cxccpt where the Work is for thc boneficial use of the Conlractor. Section 312 docs uot al~ply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurancc policies or ~.e sale of sccuriges. The Sta~e shall consider compliance by a contractor or subcontractor with thc requirements of any fed~ai law concerning equal employment opportunity which effectuates ~ purpose of this section. The cen/racting agency shall tic,ermine whether the imposition of the requirements of ~ provi.-ions hereof duplicate or conflict with any such federal 19;2 and if such duplication or conflict exists, the contracti}ig agency shall waive r_he applicability of Section 312 i0 the extent of such duplication or conflict. ConUactor will co~,-,ply with all duly promulgated and lawful rules and re{ulations of the Division of Minority and Women's BuMness Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict betaveen the terms of the contract (including any and all atmachments therc:o and amendments thereof) and thc terms of this Appandix A, the t~,~,s of this Appendix A shall conirol. 14. ~~.~-'~. This contract shall bc governed by the laws of thc State of New York except where fi~e Federal supremacy clause requires otherwise. 15. I~1~.. Timeliness of payment end any interest to bc paid to Contrac~r for late payment shall be governed by Affdcle XI-A of the State Finance Law to the extent required by law. 16. ~.~,I1~. Disputes involving this conWacr~ including thc breach or alleged breach thereof, may not be submitted ~o binding arbilratiun (except whcr~ statutorily authorized), but must, instead, be heard in a cour~ of comp~ent jurisdiction of the State of N~v York l 1/00 17. ~. In addition {o th, m~dlods of service allowed by tile Slate Civil Pra?ticc Law & Rules ("Cl'LR"),'Conlractor heresy consenrz to service of process upon it by r~istered or c~ifi~l mail, rOa~rn receipt rr~lu~sted. Service hereend~r shall ~ complete upOn Contractor's actual receipt of proccss or upon tha State~ re~ipt of the r~tuzn thereof by th~ United Smms Postal Service as rafuscd or unclcliverabl~d Contractor must promptly notify the State, in writ~, of each and every change of address te which s~rvic,e of process can b~ made. Servic~ blt ~'- State to the l~st known address shall be sufficient. Contractor wil! bays thirty (~0) calendar days after s~-vic~ hereunder is complete in which to respond. 15. PRomBrrlON ON PURCHASE OF TROPICAL I~]~]~/_~-D-~- Thc Contractor certifies and warrants that all wood products to be used under this contract award will bc in accordance with, but not limltedito, the specifications and provisions of Sta~ Finance LaW § 165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically cxei-npted, by ~hc State or any govemmclltal agel!cy or · political subdivision or public bancfi! corporation. Qualification for an exemption under this law will be/the rcspons~flity of the contractor to establish to mae, With' the approval of the State. In addition, when any portion of this contract involving the usc of woods, wheth~ supply ' t or installation, is to be performed by any subcon ,~ac or, the pr/me Contractor will indicate and certify in the submitted bid proposal that the subcontractor ha~ been informed and is in compliancc with spocificatio~ and provisions regarding use cf tropical hardwoods as detailed in § 165 State Finance Law. An)' such ~e must meet with the approval of the State, otherwise, the bid mayinot bc considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility'of the Contrac~r to meet with thc approval of the Statc. 19. MACBIIlDE FAIR EMPLOYMENT ~. In ~c~ce ~ ~e ~BN~e Fair ~plo~t ~ciplcs (CMpter 807 of ~ Laws of 1992), ~c Con. actor ~ ~ipulates t~t ~e Con~tor ci~ (a) ~s no,b~iness o~ ~ N~ ~cl~d, or ~) s~ll rake law~l st~s ~ good faith ~ co~d~t ~y bus~css ~ons in N~ ~cland in acc~ce · e M~Bd~ F~r B~lo~t P~ciples (~ ~scn~ed in Sec~ 165 cftc N~ York S~te Fi~cc ~W), ~d s~ll p~it ind~t moni~ of co~h~Cc ~ s~h p~ciplcs. A-4 20, O~NIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation oflqew York State business enterlnlSes, including minority and wornan-owned busin~,~ antcrpriscs as bidders, subcontra~ors and suppliers on its p~o~urcmont contracts. Information on thc availability of New York State subcontractors and suppliers is available from: Department of Economic Development Division for Small Business 30 South Pearl Street Albany, New York 12245 $18-292-5220 A directory of certified minority and women-owned business enterpriscs is available from: DeParts'neat of Economic Developnm~t Minority and Women's Business Development Division 30 SoUth Pearl Street Albany, New York 1224~ hh'p :/[vavw.empire. st ate .ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Con~racWrs cen'ify that whenever the total bid amount is grouter than $1 million: (a) The Contractor has made r~asonsblc efforts to encourage the participation of New York State Business Enterprls~s as supplims and subcontractors, including certified minority and women-6wned business ent=~pLises, on this project, and has retained th~ documentation of these efforts to be Fry ~ided upon request to thc $tete; Co) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P,L. 92-260, as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New york State residents of employment opportlm/ties on this projcet through list/n/ any such positions with thc Job Service D/vision of thc New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. Thc Contractor agr¢~ to document these efforts and to provide said documcritation to the State upon request; and {d) The Contractor acknowledges notice that thc State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with thc Stato in these efforts. 11/00 S39;~1'10S3;~ A-5 21. _RIi~CIPROCITY AND SANCTIONS o ' Bidders are hereby ~totified that if the. ir · f business is located in a country, nation, province, stata or political subdivision that penalizes New York State ve~lors, and if thc goods or t~-rvice~ they offer will be substantially produced or performed outside New York State, ihe Omnibus Procurement Act 1994 amendments and 2000 amendments (Chapter 684 and Chapter 353 respectively) require that they be dcnied coniracts which they would otbet-wis¢ obtain. ContaCt the Department of Economic Development, Division for Small Business, 30 South Pearl Street; Albany New York 12245, for a currcnt list of jurisdictions subject to this provision. Rcvised November 2000 11/00 ~I 39~d szoanosza ~ls~oo ~g~£L~8IS GS:£I App]~qDIX A1 Agency-Specific This Agreement h~ been entered into pursuant to the following understandings: A. Title 11 of thc Environmcntal Protection Fund Act provides for State sssis~anc¢ to municipalities for thc State shaw oft_he cost of approved local waterfront revitalization projects a~ defip, ed in the Act. B. The Department is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. C. Based upon information, r~presantations and certifications contained in Contractor's application for funding, including the Work Program a~ set forth in Appendix D, thc Depm~ncnt has made a determination of eli~,ibility of funding for Contractoffs project under such Act. D. State funds (Funding Amount set for~ on the ]Face Page) for this Project (Appendix D Program Workplau) are provided pursuant to a reappropriation of funds originally made by Title 11 of thc Environmental Protection Fund Act. F.. The Contractor has demonstrated its ability w finance its shar~ of the Project and has agreed to fund its portion of the cost of the Project. II. G~eral A~ For the purposes of this Agreement, thc terms "State" and "Department" are interchangeable, unless the context requires otherwise- B. The contract period as set fo~_h on the Face Page is thc inclusive period within which the provisions of this A~ecment shall he performed. C. No liabililics are to bc incurred beyond thc terminaiion dale and no costs will be reimbursed for such liabilities unless: 1) funds have been rcappwpfiatcd for the Project in the subs~lUent State fiscal year, 2) the Devo~tmcnt determines that it is in thc best interest of the Depa~U,ent and the State to provide additional time to complete thc Projec! and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. D. Subjec~ to the availability of funds, determination by the Deparmmat that it is in thc best in~erest of the State, and upon mutual written cousent of the parties, the Multi-Year Tcrm of this Agreerne~t may be extended by up to two Coniract periods not to exceed twelve months zach. B. The Deparanent shall uot be liable for exp~nsas of any kind incurred in excess of the State ]Funds as set forth on thc Face Pa§c, and shall not be responsible for seeking additional appropriations or other sources of fund~ for the project. Thc Contractor shall perform all sc provide all services and meet the pt provisions of this Agreement; relay and fiscal guidelines; wh~re applici l~ograrr~ and conditions of applica] vices to the satisfaction of the Department. The ConWactor shall )gram objectives described in Appendix D in accordance with: mt State, red.al and local laws, rides and re~lalions, administrative bl¢, operating certificates for facilflics or licenses for an activity or ,lc p~rrnits, adminislrative orders and judicial oders. The Conlractor shall submit with it,; requeSt for final payment a Final Project Suwm~,ry R~port in the format described in Appendix Al,, kttachment 2 and Measurable Results Forms, such forms to be provided Contractor by thc DeparU ~at. H. Thc Contractor agrees to procecd expeditiously with thc Projcc~ and to complete thc Project in accordance with the fin~'table set forth in gle Wo~kplan (Appendix D) as well as with the conditions of any applicable l~rmits, administrative orders, or judicial orders and this Aireement L The Depar~nent will p~ovide Conh'acr~r with a Ousrterlv Contractor Re~x~ (Appendix Al, Al~chment 3) pursuant to the i~fs Minority and Women.owned B~ Enterprises Progran~ In ilw event Contractor utilizes Minority and Women-owned Business Bnt~,~,dscs as discussed in Section XIV in Appendix Al, such report shall be provided to the Department at the address on thc Quarterly Contractor Report. J. Thc Contractor shall submit two copies of a "Project Status KeporC' (Appendix Al, Attachment 4) on a six month basis for thc pcriods endin~ luna 30 December 31. Reports are due no later than 30 days following the end of each reporting period. HI. Adttltlonal Reauirem~nt~ for Construction Proiects: A. l, roj act des/gn, including preparation of final plans and specificalions, and supervision of consWaction shall be undertaken by a qualified arch/tact and/or cng/near licensed to pract/cc in rite State of New York The ConUactor shall submit final plans and specifications to the Department for its acceptance before initiating consU'uction work or, if the Coniractor intends to subcontract for consm~cfion work, before the work is edvcrtised for bidding. No chan~e to project plans may be made without the prior written approval of the D¢l)artment. Thc Contractor shall also be respons~lc for crccting a pfojcct si~n satisfactory to the Department identifying the Project. The project sign shall remain in place for thc uscful life of the improvements undertaken pursuant to this Agrc~rnerlt Upon complc~ion of thc Project, the Contractor shall submit to the Deparlmc~t a proper c~ificafion from a licenaed ~;'~chitect or engineer. B. Agreements for construction in cxcess'ofl~znty thousand dollars ($20,000) shall be awarded after and in accorctance with competitive bidding re4uiremants of the Oaneral Municipal Law. A certified copy of a summary of all bids shall bc submitted to the Dep~t,,~nt prior to awarding the Alrcemenl, and an · x¢cuted copy of thc construction contract will thereafter be submincd to thc Depa, uuent. C. AIl purchase contracts involving an expenditure of more than ten thousand dollars ($10,000) shall bc awarded to the lowest bidder furnishing the required security after advertisement for scaled bids in the manner provided for in section 103 of the Oeneral Municipal Law. D. Thc State shall mske periodic inspections of thc project bo~h durir~g its implementation and a-e~er its complction to assur~ compliance with this Agreement The Coniractor shall allow the State unrestricted access to work during the preparation and pro,tess of thc work, and provide/'or such access and inspection by thc Statc in all consWaction contracts re]a£ing to the project. E. The Conwactor shall be responsible for assuring that the pr°j act is designed and c°nsiructed in conformance with the Uniform Federal Access~ilit'y Standards (LrFAg - Appendix A to 41 CR.F part 101-19.6), the Americans with Disabilities Act Accessibility Guidelines (Al)MO - Appendix A of Title 9 NYCRR). WhaTe there are discrepancies among the scts of standards with regard to a Particular design./coustructinn rexluirernem, the one providing for the greatest degree of accommodation for thc disabled shall apply. It is the Contractor's responsibility, pursuant to Section 57 of thc Workers' Compensation Law, to maintain for Sta~ audit and rev/aw either pwof that they have Workers' Compensation covcrag~ for any employeas, or awavicr Statement from the Blew York State Departn'wnt of Labor. The Contractor mUst also obtain from any con~ractor or sub-contractor hired to provide a servicc pursuant to this Agreement, similar proof or waiver from the conUactor or subcontractor, and must maintain such documentation on file for audit. A~ -3 IV. Reporm. Documents and Mans The Contractor shall, where appropr/ate, identify documants, reports, and maps produced in whole or in part under this Agreement by endorsing on said documents, reports, and maps the following: ~fhis (ducumant~ report, map, etc.) was prepared for the New York State I)eparlmeut of State with funds provided tmd~r Title 11 of the Environmental Prot~ctiou Fuad Act." V. L~c~ to uso and r~roduce documants and other works; By ace~tance of this Agreement, ConWactor transfers to the Deparlment a nonexclusive license to use, reproduce in any medium, eand distffbute any work prepared for et i~ connection with the Project, including but not limited to repot,s, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor wa~,~ts to thc Department that it has sufficient title or interest in such works to license pursuant to this Agreement Such warranty shall survive the tmm~ination of this agreement. Conlractor agrees to provide the otigir~l of each such work, or a copy thereof which is acceptable to the Department, to thc Department before payments shall be made under this Agreement. VI. Coniractors Insurance Reouirements Pr/or to the corrunencem~nt of thc Work, the Conlractor shall file with the Department of Slate, Division of Coastal Resources, Certificates of Insurance evidencing compliance with all require;merits contained in this Agreement. Such Cortific~te shall bc of form and substance acceptable to the Depa~ment. Acceptance and/or approval by the Departme'~it docs not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabi!iaes under the Agreement. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York Stato; shall be primary and non-contn~outing to any insurance or self fltsurance maintained by thc Depa,h.ent; shall bo endorsed to provide written nolioc be given to the Department, at least thirty (30) days prior to the cancellation, non-l~ncwal, or material alteration of such policies, which notice, evidenced by remm receipt of United States Certified Mail which shall be sent to New York State D~pa~hl~ut of Sta~e, 41 State Street, Albany, New York 12231-0001; and s~ll name thc People of the State of New York and their directors officers, a~ents, and employees as additional insured th~r~indcr. D. Thc ConU'actor shall be solely responsible for the payment of all deductibles to which such policies are subject. Bach insorancc carrier must be rated'at least "A" Class "VII" in the most receutly published Beat's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VH", the insurance must be replaced no later than the renewal date oftha policy with an insurer acceptable to the Department and rated at least "A' Class "VII" in the most recently published Best's Insurance P. epor~. Thc Contractor shall cause all insurance to be in ~11 forcc and effcct as of thc date of this Agreeing: and to remain in full force and eff~t throughout the term of. this Agreement and as further required by this Agreen~ut. The Con~ractor shall noi take any action, or omit to tal~ any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. O. Not less then thirty (30) days prior to th~ cxpiratlon date or renewal date, the ConlraCtor shall supply the Depa~ment updated replacement Certificat~ of Insuran~, and amandatory ~ndorsements. Al-4 It. u~less the Conlractor self-insured, Contractor shall, throughout the term of the Agreement or as othan~i~e required by this Agreement, obtain and maintain in full force and effect thc following insurance with limits not less than those described below and aa required by the t~,,,~ of this Agrecmeni, or aa required by law, whichever is greater (limits may be provided through a combination of ~ and umbrella/excess policies). Where Conlractor is self-lnsured, Coniractor shall provide suitable evidence of such to the Depariment relating to lhe risks and cov6rage amounts as provided hereuuder. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be va-itten on the lnstu~cc Service Office's (ISO) occurrence form CG O0 01, or a substitute form providing equivalent coverages and shall cover liabillly arising from premises operations, independent contractors, products.completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a ccniract) and explosion, collapse & underground coverage. a. If such insurance contains an aggregate limit, it shall apply separately to this location. b. Products and Completed Opcrations coveratg~ shall include a provision that coverage will extend for a period of at least twelve (12) months from thc date of final completion and acccptauce by thc owner of all of Conl~actors Work. 2. Where the Project d~scribed m Appendix D includes ~hc construction of any struct'ur~ or building, a Builder's Risk Policy unlil thc Project is completed and accepted in the amount of the total project 3. '~orkers Compensation, Bmployers Liability, and Disability Benefits as required by New York Workers Compensation Policy shall include thc U.S. Longshore & Harbor Worlccra' Compensation Act endorsement. Comprehensive Automobile Liability Insurance with a limit of not lcss than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned aui0oinobfles. Commercial Prupcrty Insurance covering at a minimum, the perils insured under thc ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or mated capilal equipn~at, tools, including tools of their agents and employees, staging towers and forms, and property of DOS held in ~heir care, custody and/or conlrol. 6. An Owner's Protective Liability Policy with limits no less than St,000,000 in thc name of the Conlractor. I. The Cnniractor shall require that any subcontractors hired, carry insurance with ~e same limits and provisions provided herein. J. Professional consultants retained by the Conlxactor in connection with thc Project shall show evidence of professional liability insurance with limits no less than $1 million. Pursuant to the provisior~s set forth in Section V, page 3 of this Agreenumt, the ownership of all property descr~t therein shall reside with the ConUactor unless otherwise specified in writing by thc D~,partrnent at any tirae during thc ~rm of this Agrcemeat and up to thirty (30) days following the issuance of the final payment. Al-5 ConW~ctor warrants that it has fee simple or such other es'tau: or interest in the site of the Project, where the Project is unde~alcen a! a site, including easements and/or rights -of-way sufficient to assure undisturbed use and possession for thc purposcs of construction and operation for the esi/mated life of the Project. Contractor further acknowledges that where such Project/s undcmkan on or involves the usa of lands for active or passive recreational use, it is a material mm of this Agreemant that such lauds shall be available for such recreational use by tl~ People of the State of N~w York. Addil/onally, ConWactor shall not limit access or discriminate on the operation of the facilities against any peasen on the basis ofplacc of residence, race, creed, color, nat/onal origin, sex, age, disability or marital status. Where the project described in Appendix D involves thc creation or purchase of any computer program, sofh,rare, hardware or other equipment, the Contractor h~rcby agrees that it~ computer sofhvarc and ~quipment (including thosc with consultants using or maintaining computer equiprnant) will comply with thc NYS Y~ar 2000 Warranty as stated in Appendix Al (Attachment I ) and will, if so designed, function as pan of the Slate agency's computer system. IX. Fce.s. The Contractor may charge a reasonable fee for the usc of any facility which is part of the project. A. Except for the imposition of a differential fee schedule for non-residents of thc municipality in which the project is located, the cstablishm~t of any prcfcrenfial user fee for any person or entity is prohibited. F~s charged to non-residents shall not e~ceed twice thosc charged to residents. B. Where there is no charge for residents but a fee is chargcd to non-residents, non-resident fe~s cannot exceed fees charg~:l for residonts at comparable State or local public facilities. C. R~servafion, membership or annual p~nit systems available to residents must also he available to non- residents and the period of availability must be thc same for both residents and non-residents. D. This p~ovision does not apply to non-residents fishing and hunting license fees. X. Alieration Where the Project is undertaken on or involves parklands, the following additional provisions apply: A. The Contractor shall not at any time sell or convoy any facility or any portion of thc Project acquired or developed pursuant to this Agreement or couvert such facility or any portion of the Project to other than public park purposes without thc express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market ~alue and reasonably equivalant usefulness and 'location to those to be discontinued, sold or disposed of, and such other requirements as shall be appwved by State. B. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize thc operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other a~ent without first obtaining the written approval of the State. Al-6 XI. Terminations In addition to any other actions authorized by this As~eement, the Department may te,,~nate the A~rcemant in the best interests of the State of New York by providing written notice to the Contractor as provided in this A~reemant. Thc Contract~x shall complete thc pwject as s~t forth in this Ag~e~t, and failwe to rende~ satisfactory pro,ross or to complete the project to the satisfaction of the State may be deemed an abandonment of the pwject and may cause the suspension or termination of any oblilation of thc State. In thc event the Contractor should bc deen~.ed to have abandoned the project for any reason or cause other than a natiunal emergency or an Act of God, all monies paid to the Conlzactor by the State and not expanded in accordance with this A~rcernent shall be repaid to the State upon demand. If such monies are not repaid within one y~r after such demand, the State Compiroller of thc State of New York may cause to be withheld from any State assistance to which thc Contractor would otherwise be entitled an aw. cunt equal to thc monies demanded. In the event that the Deparlment has provided written notice to the Conlractor directing that the Conlractor correct any failure to comply with this A~rec'ment, the Dcpaziment reserves the right to direct that thc Contractor suspend all work during a period of time to be det~.,ined by the Department. If the Contractor docs not correct such failures during.the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time l~iod. Durin$ any such suspension, the Contractor a~rees not to incur any new obligations after receipt of the notice without approval by the Department. XII. Subcontracting Renuirementa , The Contractor may subcontract for all or a~y portion of thc activities covered by this A~reemont as provided for in Appcodix D, subject to prior written approval by the Department of any subcontractor and the t6a'ms of any subcontract. XIII. P. muirern~n~s for Con,'act Map Products (1/01) A. GENERAL MAP PRODUCT REQ~MI~NI'$ - Thc following general cartographic requirements must be adhered to by the Contractor: Map Products -- The Division requires delivery of digital map products, unless otherwise specified in the l~.equcst for Pmpusal (RFP), that mcct thc specifications outlined in this GEA~RAL MAP PRODUCT P-JEQLrIR~MIiINTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC lilLE REQUIREiVI~NTS section. If analog map products are required by the RFP, they must meet specifications outlined in r_his GENERAL MAP PRODUCT R.EQUIRRi~ENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIRR1W~NTS section. Deliverable Format - All digital map and atlribute table files must bc provided in Mapinfo Tab file format on R¢cordablc CD, 3.5" floppy diskette mcdia, via c-mail attachment, preferably in a Wi, Tm file, or downlondable fi.om an ftp. site on thc Interact. Alternatively, thc digital products may be provided in UNIX or WindowsNT ARC/IICFO cxpotl fo~:~at (.e00) or ArcView shape file format on thc same media types upon approval of the Division. All other di~ita| formats require prior approval of the Division. Coordination with thc Division prior to submission of disital media is required to ensure compatibility of the delivered materials. Documentation - A data dictionary must be included alon~ with thc map files deseribin~ filc contents and file names, as well as mcr~data for each filc including map projection, horizontal and vertical datums used, coordinate system, RMS accuracy and Icg sheet, information sources and dates, the map maker and date of preparation, and creation methodologT. Data provided under federal · Al-7 fund~ must be provided in a manner which meats Digital Geospatial Federal O~o~raphi, Date Cornmiticc Metadata 81~mdard as executed by Bxccutiv~ Order 12906, April 11, 1994, "Coonlinetir~ Geo~rhphin Data Acquisition and Access: the Natlonal Spatial Data Infrastructure". Map Accuracy - Unlcas otber~viso stated in thc P,~P, all deliverable map products runs% coz,_fonn to Natioual Map Accuracy Sts_ndards for horizontal and verlieal accuracy as established by the United States Bureau oftbe Budl~'t, June 10, 1941, revised hme 17, 1~7. For example, for maps at h20,000 or smaller, not more than 10% of the well-defined map points tested must be more than 1/50 inch (0.508 mm) out ofcomect position. 'At 1:24,000, this tolerance tnmshtes W a requi~l horizontal accuracy Of 40 feet Ifb¥ prior asrecmeut with the Division the map product does not conform to National Map Accuracy Standards, thcn a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surwys and maps should conform to recommended accuracy standard proposed in the joint USGS, BIOS, Coastal Mapping Handbook, 1978, Melvin Bllis editor, U.S. Ooveromeot Printir~ Office, Appendix 6. Datums - Unless otherwise specified in the RFP, all map products should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NOVD88), B. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS - The following cartographic construction requirements must be adhered to by the Conuactor: 1. Edge-matching - All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edgc-rmtch tolerance will be'allowed. At~aibutes for aplitable features must also bc / / 2. Common Boundaries - Al1 features that'share a e°rnm°n b°undaty, regardless °f map layer' must have ¢~acfly thc same coordinate position of that real, re in all common layers. Point Duplication - No duplication of points that occur within a data string is permitted. Connectivity - Where ~raphic elements visually meet, they must be also digitally mect. All confluences of line and polygon data must bc exact; "overshoots", "undershoots", 'slivers", or ~offshoot~" are NOT permitted. Line Quality - A high quality cartographic appearance must be achieved. Transitions from slraight lines to curvilinear elements must be smooth, with ansular inflcctioms at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hookS, or ~ length segments. Any lines that are slralght, or should bc straight, should be digitized using only two points that represent the beginning and ending points of the line. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon mUSt cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. 7. Graphic Precision -- Positional coordinates for all digital 8raphic elements should not be reported to a level of precision &veatcr than one thousandth (.00 l) of a foot. 8. DigRizer A~curacy - The required R/vIS error for di~tlzer accuracy mu,SI be 0.003 or be~er for digital map re~istratiou. C. ADDITIONAL DIGITAL-I~ADY ~ PRODUCT REQUIRE3~NTS - The following requirements for large scale, non-digital map products must be followcd to facilitate the future XIV, A. B, conversion of the maps to digilal map products. All'large format, non-digital map products must be provided on stable base tin,rial at a scale stipulated in h'~ RFP. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. 1. Base Map Merlin - All maps must be created on mylar or other stable base material. 2. Map Scale - All maps of a similar series should be created using the same base scale. Unless otherwise stated by flee Division, all maps should be compiled at 1:24;000. If other map scales are approved by file Division, where possible th~ will conform to standard map scales such as 1:9600; 1:50,000; l :?5,000; or I: 100,000. 3. l~Isp Re/istration - The maps must provid~ a minirmun of tour (4) comer and four (4) interior ticks tied to USGS/NYSDOT quadrangle lal/Long or NYTM coordinates. The maps must be §eom¢Irically correct and should r~gister when overlaid on thc appropriate USGS/NYSDOT quadrangle coulrol ticks. 4. Map Title and Legend - The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. 5~ Cartographic Quality -- The qualily of all map line work and symbolization muSt conform to items I - 6 in thc map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC I~'ILE REQ~J1]REMENTS section outlined above. CONTRACT DATABASE STANDARDS 1. Delivery Media - All datshasc and tabular files must be provided on dig£tal media as specified above in Deliverable Formmt 2. SoftWare Format -- Alt database and tabular files must be provided in Borland's Paradox for Windows95 and above version 5.1.0.4 format. Other formats that ar~ comvertible to Paradox may be used with prior approval of tlm Division. 3, Gengraphic Attributes - Database and tabular fi1¢$ that contain elemonts with a geographic reference must provide a con'~$ponding data fi¢Id and a geegraphie coordinate pair for each feature location. Payment and Records Retention Payr~ntS shall be made as set forth in Appm-idix C. The ~;nlractor shall maintain, at its principal place of business, de~ailed books and accounting records support~l by original documentation relating to th~ incUrnng of all expenditures, as well as payments made pursuant to this Agreement. The Coniractor shall mak~ such r~cords available for r~v/cw by the Department upon request at any time. The Department shall have the right to conduct progress assessments and review books and records as necessary. The DcparU~nt shall have the right to conduct an on-site reVieW of the Project and/or books and records of the Contractor prior to, and for a reasonable time following, issuance of the FINAL payment. The Department shall be entitled to disallow any cost or ~'pens~, and/or terminate or sospend this Agreement, if the Contractor has misrepresented any expenditures or Project activities in its applicalion to the D~parlment, or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Conh'actor shall maintain such books end accounting records in a manner so that reports can be produced therefiom in accordance with generally accepted acconnling principles. The Contractor shall mainlain separate fiscal books and records for all funds received through the Depa~us,cnt pursuant to this Agreement Al-9 During the term of this Agreement and for a period of six y~ars after its termination, thc Coniractor shall C. of the State Comptroller, mak~ all such books and records available to the Department and the Office or their designated represent~tives, for inspection .and audi~. XV. ]~_~AI BmvloYment Ol~Xat~nit~ the F~ ~1E~Io~t ~po~W Act of 1972 ~blic Law ~-261), ~ a~d. ~ ~cle I~-A o[~e New Yo~ State ~ufive ~w ~e D~ent of S~ ~s~ a M~W ~d Wom~d Bus.ess ~s ~E) as ~dated by ~cle 15-A of ~ New Y~ S~te ~ufive ~w. ~s law s~s ~y o~ ~on p~cipa6~ by ~w~W ~d W°m~ business ~se~ UM~ this law, all rata ag~ci~ subj~t m c~in ~c~fi~s. e~bhsh ~s for ~n~W ~d wo~n~ b~n~ ~c~t~ m ~lv Courior R~ is requ~d ~ be subbed ~ ~ M~odW ~d Wom~ed B~ess ~o~am oft~ Dep~a~t ~ fo~s prodded by ~e D~t. ~ole 15-A requires ~t ~es ~d rg~a~ be ~s~blish~d for con. ets ~t~d ~ ~ ac~d~ce ~ ~cle 15-~ g~ls ~t be ~t for con~ ~te~ ~to ~ ~e De~t in excess of $2~,000 for la~, s~c~, supph~, equipm~ ~ ~s, or ~y comb~gon of ~e fo~go~ ~ for con~c~ ~te~d ~to by t~ D~mu~,~ iu ex~ of $100,0~ for a~ui~, co~on, ~li~iou, in ~he ~ ~ w~ch ~ s~ con.ct ~11 be p~o~ :he to~ doll~ ~lue of ~e con. Ct, ~e scope of work to be p~fo~ ~d ~e project si~ ~d le~. ~e c~ct~ ~1~ wh~ req~d ~ a pa~ of ~e bid or pm~sal, sub~t a ~ on pro~ded by ~e D~t-, ~ ~ ~11 de~il ~e work f~e ~cipa~d in ~e ~o~en of ~e ~te c~ac~ ~oR6d by ~ic ~ack~o~d, g~d~, ~d Fed~l Occu~l Categ~es. ~ a bid ~n~ ~ ~or ~ ~e a~ of a sm~ co~ ~e con~cto~ ~11 s~bmit an Earl . ~olo~nt ~i~ (~EO] Poli~ S~te~ to ~e D~t ~n ~e u~ ~e D~L ~e law req~ ~a~ ~ a prec~di~on to ~te~g ~ a ~lid ~d b~g sm~ c~ct, · e con~t~ ~11 a~ to ~e foIlo~g ~pulsfions ~d ~11 include ~em in the . ~e c~t~ ~11 not dispute a~inst any ~ployee or ~lk~t for ~lo~t became ~ce, cree~ color, ~o~l ofi~ sex, age, dissbiliw or ~1 ~t~. · ~ c~ct~ ~11 ~d~e or c~nue ~isgng pr~ of af~r~five ac~on ~ ens~ ~onW ~oup ~mb~s ~d wom~ ~e ~f~ed eq~l ~lo~t oppo~i~ wi~out For dis~i~on because of~e, cre~ col~, na~l o~n, sex, l~. di~biliW or ~ ~ose p~osez, aff~fiw ac~o~ a~hes m ~eas of r~t~ent, ~plo~t, job pr~fion, upping, ~fi~ ~sfer, layoff, or ~on ~ ~Ws of pay ~ o~ fo~ of c~n~tion. m~e~ ~d w~ at all l~els ~d in all se~ of i~ work f~e on s~te con. acts, ~d the con~ctor ~11 ~an~ ~se efforts. ~Z ~d SBDaF~]SBa ~IS~OD ~B~a£i~BIS Si:El Al-lO · The con~ctor will stoic m Mt so~c~o~ ~d ~~ ~or ~lo~s of ~e s~ c~ all q~lifi~ ~li~ ~!1 ~ aff~ e~al ~l~t ~cs wi~out ~s~ ~u~ of~c, ~ col~, nafi~l ofi~ s~ aic, dis~iliW or ~ml · ~e ~n~r ~, a~ ~c ~st of ~ ~t, ~ e~h ~lo~t a~, ~ ~r~ve ofw~ ~ wMch it ~s a ~llecfi~ b~ing ~ll not dis~natc bec~e of ~cc, c~cd, col~, ~ ofi~, se~ a~, di~bili~ con~ct~s obligations ~e~. · ~c con~ctor ~ll incl~ ~ ~ovi~s re~S ~c ~ ~d ~ed ~ove ~ ~h ~d eve~ su~ of a ~te c~t ~ such subc~r is bo~d by ~se rcq~. jusfifica~ or com~t ~ p~ ~ requests By a ~ecificd ~ ~]] ~t ~ ~jec~on of ~e ~fs bid ~ · ~ the aw~ of · state con~c~ ~e con~c~ ~ submit to ~e D~ a W~orce Bm~lo~t U~l~on ~o~. ~ ~ fo~ supplied by the D~a~ ~t~i~ng ~c w~k force ac~l]y ~l~d ~ ~ state c~t, by e~c b~k~o~d, ~nd~ and Fe~ C~tc~s, as specified ~ ~c f~. ~s ~ ~1 be s~t~d ~ ~c ~p~t.on · qu~ly Basis ~u2hout the lifc of ~e con~L · ~e con~, ~d ~y ofi~ su~c~, ~y bc r~ to su~t compl~ce r~o~rcla~ng to ~cir op~s and ~l~n~ti~ of ~c~ a~vc ~c~on or equ~ ~,~lo~t ~po~,~ pro~ in effect ~s of~e ~c ~c state con~t ~s ~ecu~d. Qucs~ons ~in~ tMs ~o~m s~uld be d~ed to the ~o~ ~d Wom~-o~cd Wom~cd B,t~e~s Bn~fises ~n ~ ~ew~ at ~e Dep~t of Sm~, ~n~ ~d Wo~cd ~css ~ Ble~th ~oor, ~1 State S~e~ ~Bany. New York 122~I~001. To ~c~s ~c ~in~ ~c ~m~, use ~e D~t,~ of Bc~omic Dcvcl~mcnt wcbsite at: h~w~.cm~rc.state.n~.us; ~c D~t ~kcs no ~p~s~tat[on ~ reject to t~ a~ilabili~ ~ ~pabili~ of ~y b~ss list~ in the ~. XVH. Nol/ce of Public Proceedinvs The Contractor agrees to provide the Department with prompt and timely written no~i~ at least two weeks in advance of all public proeecdings, including, but not limited to; pi~blie rae~tings or hearings, relating to the Project. XVIII. Submission of all rx~n'eson~_d,'r,ee and tl~umentafion A. The Contractor agrees to provide the Depa,h~nt with orig4nal and two copies of all documenl~tion tela~ing to this Project, including, but not limited to: notices of public meetings, products described in Appcndix D, and payment request documc~tafion ~s described in Appendix C- B. All inforn~tion as described in A. above sh~ll include the NY8 Comptroller's # as indicated on the Face Pagc of ~his Agreement. T~ 39~d S3O~I-IOS~ q~lSt~OO Pgb~ELbBI§ 6S:£I P00~/~I/IO Al-Il A. Co~tractor a~rees to ~rov~cl~ the D~Cm~)o in a ~m~ly ~ ~ ~1 doc~d~ ~cl~ bm ~ot li~t~ to, ~t ~]ic~, ~ro~l ~s~m~, ~s, p~, ~es, ~~! i~t s~, fmd~, ~d d~tio~, ~lafing ~ ~e ~jec~ B. C~c~r ~owl~s t~ ~li~ce ~ ~e S~e En~ Q~i~ ~ew Act is a ~t~ ~ ~d condi~ of ~is ~nt ~ no ~t s~ll ~y ~ be ~c ~ ~s A~t ~1 Con, actor ~s ~d D~t ~ ap~ria~ ~c~n~fl~ ~t c~c~ ~ met ~y ~ts im~s~ on Con~ by ~ S~te ~m~] ~ Renew Act ~. Fullv-~ul~ A~~t or ~en~t A. If ~s A~m~t or am~ ~em, ~loca~s ~ to~l~ $1~,000 ~ l~s, it ~l be ~ed ~ ~ ~lly ex~cu~d wh~ ~ro~d ~d si~ by ~ ~r ~d ~e D~t. B. H ~s A~ or ~ ~to, allocates ~ ~g m~ ~ $15,000, it ~l be de~ m be ~ll ~cut~ w~ a~d by ~c 0ffic~ ofthe S~tc Compeller. AI~ Attachment 1 _NEW YORK. STATF, YEA~ 2000 WA,qRA2qTY STAI~DAI~.D Definition - For purposes oF~ ~n~, ~ fo~ ~o~ s~ a~y: a. "P~du~~ s~ ~clu~, ~out ~o~ ~ pi~ or ~t of eq~ ~d~ ~, ~ ~om or c~ ~ ~ ~ ~ or s~ ~ ~ch pe~o~ ~y ~ ~m ~o~ c~ or ~ ~ndan ~ d~ ~, ~ ~'~ shll ~l~e ~s~ dul~b~. b. ~Vandor's Product~ sha~ ~cindu ~1 Pr~u~ ~li~ ~ ~s ~ by Vc~or o~ ~ ~ P~ c. ~hi~ Par~Produc~~ s~H ~cl~ pr~ ~"'~ ~ ~vetop~ by a ~om~ ~d~ m~ ~m V~or ~ pm~ by V~or on a no~excl~i~ H~ ~ o~ ~fion A~c~t ~ ~ ~ ~ ~e ~ pe~ ~c~/~vel~ ~ b) ~ ~lmive ~ell~ ~ ~ of ~t ~f~d or At the gn~ of bid, Product order or Product quote, Vendor is required to disclose {he followiu8 information in wriling to authorized User: a) For Vendor Product and for Products (iochidiuli, bet not [indted to, Vender and/or Third par~ Products and/or Authorized User's Installed product) which haye bean specified to perform ss ~ system: Compliance or non- compliance of ~he l)roducls Individually or as a system with thc Warranty Statement set forth below; and b) For Third P~ty Product Not spedfled as Part of a System: Third Pan'y Manufacturer's sta+mrient of compliance or non-c,,,,pliz;~ce of any Third puny Product be{n_{ dalivc~ed with Third Pan'y MmnufacUn-cr/Develop cr's Year 2000 warranty. If such Third Par~y Product is rcpresantcd by Third Par~y Manufacmrer/D~veloper as compliant wiih Third Polly Menul'~ctur~r/Deval°pcr's year 2000 Wanranty, Vendor shall pass though said Third Party Warran~ from t~ Third Party ManufacUtre~ to the Authorized User but shall not be liable for the testing or verification of Third Pony's compliance statement- An absence or failure to fumi~ the required vaiitcn warr~ty disclosure shall be deemid a smternant of compliance of the product(s) or system(s) in question with die year 2000 w',uTanty statement se~ forth below. Ycmr 2000 warranty 'compliance' shall be defined in accordance with the followIng warranty statcmanl: Vendor warrants that Product(s) furnished pursuant ~o this AEreemcn! shall, when used in accordance with thc Product documentation, be able ~o accurately process dateY~ime data (in¢ludin{, but not limited to, calculating, comparinF,, and scqucncing) from, into, and between thc twentieth and twenty-fo-si celtmrias, and the years 1999 and 2000. including leap year calculations. Where a purchase rcquiras that specific Products must p~form as a package or syster~ this warranty shall apply to die products as a system. In the avcut of any breach of this warranty, Vendor shall restore thc Product to die same level of performance as wa'a~nted herein, or repair or replace the Product with conforming Product so as to minimize inmn'uption ~ Authorized User's ongoing busIness processed, time being of thc cssenc¢, at Vendor's sole cost and expense, This warranty does not extend to correction of Authorized User's errors in data entry or data conversion. This warranV/shall survive beyond termination or expiration of the Agreement- Nothing in this warranty shall be conSlnted to limit any righu or romedias otherwise available under this Agreement A 1, Atm¢lm~nr 2 FINAL PROSECT SUMMARY REPORT Div~ton o(Coastal Resources of ~ FINAL PROJECT ~UM~Y RR~O~r MOOg Mm ~ ~u~ ~u ~ follo~ug ~ ~o~ bo ~d ~ co~le~ ~ ~ALPR0~ S~V ~0RT: 1. Pro~ctTifle: 2. Name of Municipality: Project Mm:ingot. Nalne: Title: Msilln~ address: Tel. numbs. _ Fax number; E.mail address: Federal Tax lden~fica~ion Number: Project Back, round (briefly explain in a shor~ paragraph wh~this pwject was necessary, what its vahc is and/o~ its importance to the comnmnity): PIoject Work (briefly descla]~e the work thst was doric to compl~t~ the project): Project Descriptions (usc the followin~ guidelines to descn"oc the proje~ and please be concise in the desm-iption); a. For a Planning Project describe the findings or recommended strategies. b. For a Design Project describe what is to be built. c. For a Con.~lluction Project descll'b¢ what was built. Project Mcasurable Results: To be completed on forms a'~ached. Project Documentation; The Depar/ment of State, D/v/s/on t~fCoastal Resources requires a visual cinanm~ntation of th~ Environmental l~rotection Fund proj~s. Project products should be visually docu~m,ml~d using a 35rran camera or a digital cam~a. The 35rmn color ,~llde~ and/or ai~,iml camera disc should be labeled and dated when submitted along with the comple~d F~NAL PROJECT SUIstMA~.Y RE~R?. Visuals should illustrate the final project product and, as appropriate, activities ~ to complete the project. For cy,m, qe, some projects would call for visush ~ in¢luda photographs of volunteers participating ia a w~t!,nd v~sto~ation project (pla~ti~! Spa~tina); photogsap~ of historical signs markers, kiosks, etc. beia§ placed; or photographs of an artist's rendcring ora waterfrov.! de$igtl. Design, planning, and constmciionprojects call for different visual documentation. Therefore, th~ followia8 8uidelines a~e suggested: [] For design projectS, visuah of renderings md/or graphics that depic~ she final product- [] For plaIloj~ projccts, vip=l~ of any graphic, wh~e appropriate, Shat illuslrat~ tho f-mai product- [] For comh'u~ion projents, ~h of work in pro~ress and the ~i*hed pwjec~. Itl addition to the 35mm color slides/digital cam~a disc, a video (vhs format) of the p~ojoc! wifll a verbal description is desirable ~. The video may be used in a future document~y. AI~ A~,h~nt NYS Department of State ® Minority and Women-owned Busilless Ente~pl'[ses Program 41 State afl'eat Albany NY 1223t-0001 · (518} 474-5741 Minority and Women-owned Business Enterprises (MWBE) Program Quarterly Contractor Report INSTEUCI11~I$; 1. Please prepare reports based on !;~ quarters, m' prepare one annual report. 2. Use a separate Report sheet for each contract or pmoj-am ama 3. Record the amount paid for each service/product for the time period Identified below. 4, Send completed reports to the Minority and Women-owned Business Enterprises Program at the above address. REPORT PERIOD Report should cover a calendar quarter OR the program year. FROM; TO: Entertheinclusivedatesofthequarterorfortheprogramyear. /"" CONTRACTOR NAME PROGRAJI4 DO~ CONTRACT NUM~-R cONTRACTOR ADDRESS Sen4ce Ama of Contract Wo~k NAME and TI'I'LE of CONTACT pERSON (Please Print) [ TELEPHONE NUMBER TYPE of DESCRIPTION of AMOUNT PAID VENDOR NAME and ADDRESS VENDOR SERVICE/PRODUCT THIS PERIOD COMMENTS o MBE $ [] WBE [3 MBE ~3 WBE [3 MBE [] WBE [] MBE o WBE [3 MBE [] WBE [] MBE [3WBE [3 MBE CIWBE [3 MBE ~3 WBE [] MBE c3 WBE PAGE I of ~ CONTRaCtOR: ~ PROJECT STATUS A~ of (Submit semi=annuallY ami with eaeh payment request.) A1 - Attachment 4 Tas____~k Dnte of ~ # ~A/T Comol~tioa _~ Pr~duc~Accomt~lishments Please note problems encountered, proposed adjustment(s) to work program/schedule, and reason(s) for proposed adjustment(s): Please provide the following inforwation: Name of contact person: Ernail Address:_ Phone Number: Fax Number: 9~ 39~d S~OaROS~I ~£S~09 bg~aEL~8I~ Bi:El ~08~/a1/~0 App~dix B BUDGET SUiVIlV~RY A~ Salari~ & Wages (includ/nt Fringe Bencfits) B. Trawl C. Supplies/Mater/als D. Equipment E. Contractual Services F. Other $ $19,291.00 $ $0.00 $ $0.00 $ $0.00 $ $80,709.00 $ $0.00 TOTAL pROTECT COST Total State Funds (50 % of Total) Total Local Share (50% of Total) $ $100,000.00 $ $50,000.00 $ $50,000.00 Appendix B (Bu<lgeT Detail SI~0 ii.. SALARIES & WAOES TITLE ~ .aM C ' THIS PROIEC~ S~,,i^, Envi~orlmental Planner $48,400.00 $9,307.00 Town ,a ~,-.~y $70~359,00 $464.00 Technical Coordinator, $61,227.58 $1~480.00 Supm'viso£s ASsistant $44,720.00 $1)229.00 iclrrd,,iaU.iii/¢ .A_~i,t,nt $35,981.09 $989.00 S*lliOr l~n~;',~-"-'~''az'tal pla~nar $48,400.00 $984.00 Town Plann~r $60,035.$? $396.00 Fringe for above employ¢cs ~37% $136,225.00 $4,442.00 SUBTOTAL $19. SUBTOTAL $ 0,00 I SUBTOTAL $ O.Ou SUBTOTAL $ O.Ou C. SUPPLIES/MATERIALS ID. EQUIPMEI',~I' E. CONTRACTUAL SEP. VICES Sc~vices f~om Comell Coopcrati'~¢ Ex~nsion or o~r consultants: Bay and Creek Mooring Plan Implementation llducation Program Erosion Mana§em~nt Measures W~lands l~eformulation SUBTOTAL $ 80,709.00 IIF, OTHER SUBTOTAL $ 0.00 A~PENDI~ C Paymen! and Reporting Schedule incurred up to an amount not to cxc~d A. The Depa~ment shall make interim payments for chgible costs comPletion of thc 90% of the State Fupxls p, cqucsted. The final payment will be made upOn satisfacto~' Project. B. Blot more frequ~tly than once every 30 days, a properly cxecut~l payment request, on forms as prescribed by the Department, and required work pwducts documenting comPletion of one or more of the tasks se~ forth in Appendix D, Program Worlq~lan, and total project costs incun'ed to date, may be submi~ed. 1. Payment provided abov~ shall be ma& t~ tbe C~n~c~or upon th~ submission hy the Con~r of properly execut~ payment ~eclue~ Such zequest shall ¢~ntain the following. (1) "Summary Shee~ 1~cumen~tion For~" as provldod by thc Deparm'~nt, for x~imborsement of actual and expenditures, (:2) the required 1~tafl Study, and (3) a properly executed State ¥ouch~. 2. payment requests wll be ~v~ewed m accordance w~th ~¢ ~ms and con&tions of this Agreement to determine ~tal allowable project costs incurr~ aud the number ~nd p~cenr~$e of allowable prejec~ tasks completed to date. For the purpose of dc~nining the level of reimbursement, o~hcrwise oi'task comPletion is deemed insufi~cient. allowable project costs may be reduced if the percontage / 3. Total allowable project costS, adjustad pursuant to 2. above, will be prorated between State/~onds and Local Share costs in the same proportions as Total State Fonds is te Total Local Sl~:a'~as forth on the I~acc Page. 4. Interim payments will be issued in amounts equal to the Sta~ Funds calculated in 3. above, less all previous payments to date. $. The final payment will be issued upon receipt and approval of a paymcat reque-~ marked "FINAL" documenting all project costs incurred and tasks completed and submission of the Final Project Sununa~ Repor~ and Measurable Results Forms. Such final payment reqnast shall be submittal within 60 days following the ending date of this Agreement A. paym~'nt requests as described i~ I.B. above shall be certified by a duly authorized reprcscotativc oftha Contractor as accurately representing such accomplishments and expenses as recorded in the Contractor's accounting records, including, where goods or services are provided by third parties not party to this A~reement, a certification that any payment obligations arising from the provision of such goods or services have been paid by the Contractor and do not duplicate reimbursement or costs and services rcceived from other sources. B. Notwithstandiug the abovc requiremcnts, upon w~it~e~ notification bythe Department, the ConWactor may he r~luircd to submit source documentation and additional verification of allowable cxpendittu~s. C. Payment r~lueSts shall be submit~d to: New York State D~l~rirnent of State Conlract Adminisiration Unit - LWRP 41 Stat~ Street- 10th Floor Albany, New York, 12231-0001 Claimed eXl~nditures per cos~ category m~y not exc~d the amounts indicai~l in the Budget, Appendix B, by tan percent (10%) without approval of the D~:par~nent, provided that ~im Total Project Cost ss set forth in Appendix B, Budget Summary is not exccexted. A~y exp~nditore in excess of such 10% or that changcs the Sta~ Sha~ or Local Share itmdln$ amount shall require an amcndmant to the Project Budge~ submitted in writing by the Conlzactor and approved by~e Departm~t. No exp~ndilures shall bc allowed for items not set forth in the Project Bud~t without wriRon appro~ral of the Departmerlt. A. Notwithstanding the submission of timely and properly executed payrn~t requests, the Deparin~nt shall be under no obligation to make payment for expcnditores incurred without the prior Department approvals and/or amendments requir¢cl under this Agreement and, further, shall have the right to will, old any such payment pending the execution of such approval and/or amendmanc B. hltor~st income earned on funds received pursuant to this Agi~msnt shall be used to further tha purpose of this Project or shall be deducted from total eligible cos~ to determine the net eligible costs :o be reimbursed by thc Depa~tm~at. C. The Department shall have the right to conduct on-site Progress assessments and r~views cf the Pr°J ect and Contractor's books and records during the life o¢ fi'~is Agreement and for a reasunabl¢ time following issuance of thc FINAL payment. The Conil~aclor shall ft~-nish proper facilities, whsre necessary or useful, for such access and inspection. D. The Depar~ant shall be entitled to disallow any cost or expense, or tcrr~ir~ or suspend this A~-cen~.ent, if found that the Conlzactor has misrepresented any expeadltorss or project aolivmes m this A~:om~nt, or in any progress reports or payment requests made pursuant hereto. E. The Conu'actor sl~ll maintain sepal'~te fi~al books and records for all funds received tl~ough the Department and project activities conducted pursuant to this Agrczznent, and shall mal~ all such books and records available to thc Depar~ent, the Office of the Stale Compuollor, or their desigaated representatives for ir~spection and audit for a period of six years following ~rmination of this Agreement, APPENDIX D PROGRAM wORKPLAN · Contractor: Program Contact Person: Phone: (Office) Town of Southold Val~ri¢ $copaz, Town Planner 631-765-1938 631-765-3136 Implementation of Priority I~WRP Projects 1. Project Description The Town of $outhold has completed a Draft Local Waterrxont Revitalization Pro,ram (LWP,.P) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of priority projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town plarming initiatives and the goals of the Peoonic Estuary Program, the Long Island Sound Study and tho Long Islartd Sound Coastal Management Program. These include the pr~ration of mooring plans for the P~conic .?.smary and associated creeks, the dovclopmcnt of sedimentation and ~rosion management measures, development of an educational program regarding the LWR.P, and reformulation of wethnds legislation to adclrcss Board of Trustees needs. This will further work developed under previo~ LWRP grants from th,' EPF. The Town of Southold has developed a partnership and contracted with the Marine Program of Cornell Cooporafive Extensict~ of Suffolk County to complete work related to the implementation of the Town's LWRP. This partn~t, hhip will be oxtended to cover the tasks associated with this work plan. Project Attribution and Number of Copies The applicant must ensure that all materials pdr~ted, constructed, and/or produced reflect the Depa~iment of State, Division of Coastal Resources logo, and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title I 1 of the Environmental Protection Fund." The municipality must submit to the Depa~h~nt of State three copies of all written reports and supporting graphics, final design documents, and other printed materials, 3. Component Tasks Task 1. Project Seoping The Town of Southold, the Department of State, and Comell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requiremen/s, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be idenfifiod. Points in the project timeline where approval by Department of Stat~ is required prior to commencement of additional tasks will be determined a~d articulated. A determination of local responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and gov-'rnment agencies, w/Il be discussed. If there will be a Steering Committee, determine D-2 its composition. A brief meeting summary will be prepared indicating the agreements/undcrstandlngs reached at the meeting. Product: Sumnumy of soaping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draft conlxact with Comcll Cooperative Extension. The conixact shall · contain a detailed work plan with adequate opportunity to review stages in completion oftha products, a payment schedule (payments should be tied to receipt of products ia thc work plan), and a project cost. The draft contract will be submittod to the Dcpaflment of State for revi6xv and approval. A copy of the ['mai contract, incorporating thc Departrn~nt of State's comments on thc dnfft, will be provided to the Dc~l~tme~t of State. Product: Executed consul*ant conWact. Task $: Request for Proposals (if required) Thc Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for sclecting a prefta'red proposal. The RFP will be submitted to the Depa~ t,~cnt of State for review and approval prior to relcasc for solicitation of proposals. Product: Approvcd RFP released through advisement in local papers and other appropriate me. ans. Task 4: Consultant Selection (if required) In consuRation with Department of State, the Town of Southold shall review ali proposals received as a result of the RFP. Thc consultant selected is subject to approval by the Depa~ tmcnt of State. Product: Consultant selected. Task 5: Contract Preparation and Execution (if required) The Town of Southold shall p~f,are a draft contract to conduct thg work with thc selected consultant. The contract will contain a detailed work plan with edcqnate opportunity to review stages in completion of the project, a payment schcdulc (paymcnts should be tied to receipt of products in the work plan), and a project cost. Submit thc draft contract to ~ Depannwnt of $1a~ for review. A copy of the final conlract, incorporating the Department of State's comments on the draft, will be provickd to the Department of Statc. Product: Executed consultant contract Task 6: Project Soaping Session (if required) Thc Town of Southold, the Department of State. Comeil Cooperative Extension and the consultant shall hold an initial me~ing To review project requirements and site conditions and to transfer any information to D-3 cousuhan~ which would assist in completion o£ thc pr°jeer. A bfie£ mee~/ng summary will he prepared to clearly.indicate the agrccro_cats/understand/ngs reached at the meet/rig. Product: Scoping meeting with appropriate part/es. Meeting sunnnax~ with note of agreemunt~/undcrstsndings reached. Task 7. Town of Southold Mooring ~[anagement Plan In preparing a Mooring Management Plan £or the Peconic ~stuary and associa~d creeks the Town will; · Collect and analyze existing data on the location and usc of moorings, including collecting new data through the use GPS and GIS teclmolo~' to map locations of exisling regulated and unregulated mooring fidis, creating digit/zed mooring maps of existing moorings and analyzing the efficiency of these existing mooting pa~ems. * Examine location of moorings with regard to si/nificant naa'al resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and natural resources. · ~xamine location of moorings w/th regard to navigalion channels, marinas and boat launches in order to avoid conflicts bet'w~c'n moorings and other us~'s of the wat~ surface. Examine alternative mooring types and pa~erns, and develop alternative solutions to differcn! mooring field problems found in thc field analysis e.g., public moorings of altcmalive desi~s that permit grea'~er control ov~r sit/ng and capacity. · Fin~.liz¢ digital mooring maps for use by Town Trustees and Bay Constabl~ to improve pc~ enforcement activities. The Mooring Management Plan will also review Town procedures/'or thc issuance of mooting p~r~n/ts and provide recorrimendations for improvements to this procedure mcludmg momt°nng ~n inspectlon o f moorings and enforcem~'nt. The Mooring Management Plan will build on information contained in the Draft LWRP and the Town of $outho]d I. hrbor Mana~mcnt Plan (1995). D~artment of State review products and approval of final produ¢~s is required. Product: Town of $outhold Mooting Mana~-mant Plan, including digital woofing field data and moor/n§ maps and procedures for mooring re~ulatlon and ~nforcement. Tssk 8. Erosion Management Measures In p~paring erosion management measures, the Town will: ~.~'rYDigitiz~ locations o/', and analy'z~ conditions at existing erosion con~ro] and slope dcstabil/zation sites on )~'~'~ Town of Southold shorelines. ~ Develop appropriate ~eneric slope stabilization, regrading, and landscaping guidelines for use by property owners, builders, archilects, and Town officials and incorporate these in the Town Code. · Publish ~uidelines and disseminate infom~ation to prop~r~y owners, builda'% develop~s, architects, and appropriate Town officials. Department of State review of interim products and approval of final products is r~luired. Product(s): Digital erosion site data; written guidelines on erosion control, code amendments./ D-4 Task 9. Raformulation of Wetlands l.~glslation The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Offclals. regulators, planners, local citizens and the busincs~ communiiy. The Committee will be chargod with thc rcview of currcnt wetland regulations and will make recommendations as to where changes can be made u~ improve protection of wetlands. This will include a systematic review of wedand regulations used in o~er municipalitics in Suffolk County. Using cxlsfing studies and in coordination with appropriate scientists and regula~ry agencies, the Towrl will esfablish Town-wide wetland reference sites of all types. These sites will be used to provide information to thc commit'u~ on wetland cOnditions in Sonthold and will also provld¢ a benchmark against which future monitoring on the effectiveness of regulation and managemcnt can be based. Thc Committee will ma!~ recommendations on new buffer zone ckfinitions and juslifications, for inclusion in the revised Town wetland law. Thc Commit~c will also review existing wetland delineation methodologies and. where necessary, develop new wetland delineation methodologies, has~:l on inpllt from municipal officials, scianfisls, regulatory agencies, and new field work conductad at the reference sltcs. Departmen~ of State review of interim products and approval of final products is required. The Colxunittee will mal~ recommendations to the Towri Board for changes to the Town's wetland law. Thc Town Board will adopt changes to thc Town wetlan~ law. Product(s): Ide~. tiffed wetland rcfcrenca sitc~; wetland del:,ncatlon and buffer zone policies; new Town Wetland Law(s). / / The Town of Southold will develop an LWRP Bducafional Program. This program will identify both short- term public education ncccls and appropriate media and on,each techniques, e.~., public meetings about · ' arid long-l~'m public education and LWP, P implerncntefion, public meetings aboul new wetland leg~slatxon., awareness needs and appropriate media and out~cach techniques, particularly youth..orientexl, participation pro,rams that can be coordinated with local school disUicts. The Town will then devclop ftn'ther selected ontreach campaigns and educational pro,ams, including program planning and design of materials, signagc, flyers, and/or other iterns. Depa~buant of State review of interim prodUcts and approval of final products is required. Product(s)~ Short-t~,,,i and long-term priority education prograrr~ planned and materials desitpaed- Task 11: Quarterly Reports The Town of $outhold shall submit to thc DeparUncn! of State quarterly r~orts on the form provided, including the extent of work accomplished, any problems encountered, and any assistance needed. Ifa quarterly payment request is submitted, the quarterly report r/lay be submitted as part of the payment request, Products: Quarterly reports during the life of the contract. Task 12: ]Project completion and Measurable Resutts Upon completion of the project, the consultam shall submit a statement to the Town of Southcid that thc workha~bccncomple~d/n aecorehnce withthe contract and allp~jultrequiremcnts, whe~c applicable. The cotlsultant shall prov/dc the muniolpality with all reports, analysis, 8~ta, GIS layers, and products as specified in this work proirarn. The Department of State shall concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Dop~t of State for final payment of grant funds. Thc municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State, Product: Completed Measurable Results form. 4. Project Management Responsibilities: Town of Southold · The Town of Southold is responsible for ensuring completion of all work pro,ram tasks, reporting on pro/ross and obtaining required approvals fram thc Department of State, and providing the Department of State with copies of materials produced. · The Town of Sour.hold is responsible for soliciting input and comments from key local official s~aff, project participants, and other appropriate interests. · The Town of Southold will secure all necessary per'mits and perform all requi~d environmental reviews, where applicable. · The Town of Southold ~s requirccl to conduct meetin~ at appropriate intervals from the outset of and during thc project to solicit odncerns, comments and suggestions. Meetings should involve appropriate local officials, the Deparanent of Stale and other appropriate government agencies, thc project consultanL and other appropriate interests such as property owners, waterfront businesses, other private s¢cror interests, project volunteers, civic ~roups, and the public at large. Public participation should occur early and consistently in the process through informational meetings, workshops, project presentations Consultant(s) · The consultant shall submit interim, draft, and final products to thc Town of Southold and thc Depa~ h~ent of State. Thc submission of inter/m products is rr.q,,ircd to ensure the project is on schedule and project objectives am being achieved. Subsequent draft roports and products must respond to and reflect comments received from the Town of Southold and the Department of State to the satisfaction of the Town of Southold and tile Department of State. Departxnent of State The Department o£ State will rev/ow and approve the subcontract between the Town of Southold and the consultant. Approval by the Department of State of any and all consultant subcontracts is necessary before work can commence. · Thc Department of State shall participato in meetings that important to the project's completion The Department of Stato will review all interim, draft, and final products and provide comments as necessary to ensure project objectives are achieved. Other Agencies · Appropriate local, county, state, and federal agencies will be consulted, lnt~rag~ncy workshops/meetings may be conducted to iroprove communication and understanding about project objectives and needs; gain support from government agencies for permitting and financing; coordinate government agency actions; and to foster thc redevelopmaa~ process. 2. Schcdulg D-6 Tnsk 'Tn~k I - Projec~ Scopin[ Task 3 - Request loc Prnp~t Ta~ 4 - Oo~ml~lR Sele~:lion Mo ] Mo Mo I : 2 3 T~k 10- LWRP ~ducational Pfo~am Task I ] - C~uart~l¥ Repom Task 12 - Proj~c! Comldetinn and Measut&bl~ t~ults MO Mo 4 5 Mo Mo i Mo ; Mo { Sermm~ ofleoeiug meellnR Wetland aefetenee sit~ wel]alld[ delir~eation mad b~ ffe~ LW]~ Ede~alio~d ~ Men~urable ro~u~ I'~m Agency Code: 19000 Con~tact No-: C00621~ h'act Period; Fu~d/~ for P~od: 550,~0.00 ~ an AG~E~T ~n ~ STA~ O~ NEW YO~ ~g by p~ipal office at 41 S~ S~ ~Y, New Yor~ 1~31 ~ ~d ~ ~ ~ $TA~), ~d To~ of Southold ~e~er ~d ~ ~ t~ COnSOl), for mdifmt~ of Cou~ Ail other provisions of said AGREEMENT lthsll remain in full force znd effect IN WITNESS WHEKEOF, the patiie, s hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACTOR $10NATURE By:. By: (prin~ n~m~) (print Title: Title: Date: Date: Sta~ of N~w York O~ this __ day of ,20~, before m~ personally came to me knov. m, who, being by me duly sworn, did d~pos¢ and say that he/she/they reside(s) in (if the pla~e of resident is in a ¢it~, include the s~ze~t and street number, if any, thcr~o/); that hdshc/they is(arc) thc (title of officer or employee) of the (nam~ of municipal COtlX~ration), described in aud which c,'tecuted the abe,,e insw-'a,~t; and that he/$heYth~y signed his/her/their name(s) thereto by authority of the governing body of said municipal corporation. NOTARY PUBLIC STATE COMPTROLLER'S SIGNATURE Title: Date: Ter~, Mark From: CC: Subject: Scopaz, Valerie Wednesday, April 13, 2005 6:11 PM Finnegan, Patricia; Terry, Mark; Tetrault, Heather Liguori, Joanne; Sepenoski, John LWRP Contract C006213 MEMORANDUM TO FILE Today Pat Finnegan, Chris Smith and I met to review outstanding tasks on the above-noted grant. We agreed on the following: 1. Task 7 (attached document) CS will prepare material for inclusion into a Mooring Management Plan. He will send this electronically to VS who will add planning material from LWRP and legal material from EBJohnston. PFto speak with EBJ about material needed. Draft to be reviewed by Trustees, amended as needed, then presented to Town Board along with draft legislation. Task 10 (attached document) CS will prepare material for our use in developing LWRP Educational Plan. He will send this electronically to VS who will review with Heather and amend as needed. Draft is to be reviewed by Trustees then presented to TB. j 3. Task 8 (attached document) Mark Terry is to arrange a meeting with Heather and Jamie Richter regarding the crafting of Erosion Management Measures. Lourne Brousseau may be of help on this. Visual Inventory of Creeks is to be used to pinpoint known erosion problem sites. 4. John Sepenoski is to develop a training program to which the folldwing people should be in attendance: Trustees and staff and legal counsel, Code Enforcement and Town Attorney personnel involved in enforcing Trustee decisions, Constables, Mark Terry, Jamie Richter. A meeting is to be set up to review draft legislation for Moorings within the next couple of weeks. These tasks should be targeted for completion within the next ~o to three months - before the summer doldrums hit us! These are the last tasks needed to close out this grant. Scopaz, Valerie From: Subject: Chris Smith [cfs3@cornell.edu] Friday, April 08, 2005 3:38 PM $copaz, Valerie Re: Southold Implementation of Priority LWRP Projects (#C006213) Val .... have any thoughts? .... I can do number 2 based on available inventories and the creeks work we did ..... number 3 is another years worth of work ..... when we met at the beginning of this project I voiced my concerns about this section and you mentioned your staff would do this ..... they gave us 3,500 to do this .... I can do number 4 too ..... I guess we should meet...Chris ..... Original Message ..... From: "Scopaz, Valerie" <planning@town.southold.ny.us> To: "Shawn Kiernan" <SKiernan@dos.state.ny.us> Cc: "Dennis Mildner" <DMildner@dos.state.ny.us>; "Laurissa Parent" <LParent@dos.state.ny.us>; "Stephen Ridler" <SRIDLER@dos.state.ny.us>; "Cushman, John" <John. Cushman®town.southold.ny.us>; "Liguori, Joanne" <joanne.liguori@town.southold.ny.us>; "Tetrault, Heather" <heather.tetrault@town.southold.ny.us>; "Johnson, Joanne" <Joanne. Johnson@town.southold.ny.us>; "Finnegan, Patricla" <Patricia. Finnegan@town.southold.ny.us>; "Christopher F. Smith (E-mail)" <cfs3@cornell.edu> Sent: Friday, April 08, 2005 12:04 PM Subject: RE: Southold Implementation of Priority LWRP Projects (#C006213) Dear Mr. Kiernan; nk you for the update on the status of the contract. We will proceed to ress the remaining items noted in your message. Sincerely, Valerie Scopaz, AICP Director Planning Department ..... Original Message ..... From: Shawn Kiernan [mailto:SKiernan@dos.state.ny.us] Sent: Friday, April 08, 2005 10:59 AM To: Scopaz, Valerie Cc: Dennis Mildner; Laurissa Parent; Stephen Ridler; Cushman, John Subject: Southold Implementation of Priority LWRP Projects (#C006213) Ms. Scopaz, We received your status report and final payment request for contract C006213, and it appears that you have made good progress. However, some of the tasks identified in the contract have not been fully completed, and we are not able to make a full payment. We suggest that the overall project is approximately 75% complete, and we could provide a partial reimbursement of those costs. Therefore, Laurissa Parent will process a payment request for $37,500. The remaining payment will be made upon completion of the incomplete contract tasks. I'd like to direct your attention to the following subtasks listed in contract that have not yet been accomplished to make it easier for to direct your contractor in order to fulfill the contract. 1) As a reminder, please ensure that all materials produced under this contract reflect the Department of State and acknowledge the receipt of 1 ~ funa~ under Title 11 of the EPF. 2) Under Task 7, the following subtasks should be addressed: examination of existing moorings in relation to eelgrass and ~llfish beds, channels, marinas and boat launches ,an analysis of the efficiency of the current mooring pattern examination of alternatives to the current mooring layouts development of alternative solutions for mooring field problems a Final Mooring Management Plan incorporating the above-mentioned analyses. 3) Under Task 8: mapping the locations of existin9 erosion control and slope destabilization sites, supplementing the sumps and outfalls mapped as part of this project analysis and description of these identified sites development of generic slope stabilization, regrading and landscaping guidelines for use by the public incorporation of the guidelines into Town law, and dissemination to the public 4) Under Task 10: - Please continue to identify the Town's priority short-term and long-term educational programs and material designed. To satisfy this contract task, I recommend preparing a brief document describing the educational programs you have undertaken (i.e., the Mattituck Creek brochure) and ones that you would like to see in the future. I have also received and mailed back the hard drive containing the electronic version of the mooring data sent by John Sepenoski. Please feel free to contact me if you have any questions or if there is anything that I can do to help. Kiernan Department of State Division of Coastal Resources 41 State Street, 8th Floor Albany, NY 12231 (518) 473-3656 (518) 473-2464 fax 2 LWRP Timesheet for John Sepenoski -- Date Description Hours I/6/2003 Help Mark Terry wit_h creation of wetlands layer 1 1/10/2003 Help Mark Terry with creation of wetlands layer 0.71 1/30/2003 Help Mark Terry with creation of wetlands layer 1 2/3/2003 Discuss changes to wetland layer with Mark Terry 0.7~ 2/18/2003 Discuss beach/bluff layer with Mark Terry 0.5 3/21/2003 Send tax map layer to CCE 0.2~ ~/26/2003 Discuss parks layer with Valerie Scopaz 1.25 3/27/2003 Work on parks layer ' 2.5 3/28/2003 Clean up Mark Terry's new wetlands layers 3 4/1/2003 Transfer LWRP files for Valerie Scopaz 0.5 4/4/2003 LWRP e-mail, send zoning layer ~ 0.5 4/4/2003 Work on LWRP CD with Valerie Scopaz & Barbara Rudder 0.5 5/1/2003 Print wetlands map for Mark Terry & Chris Pickerel 0.~ ~/15/2004 Wetlands GPS field verification with Mark Terry & Heather Tetrault 4 10/6/2004 Review Creek DVDs 0.5 , ;.'.'.'.:',',','.'.;'.;'." Wetlands GPS field verification with Mark Terry & Heather Tetrault 2 ~1/31/2005 Discuss LWRP mapping request with Valerie Scopaz & Peter Lauridsen 0.5 2/1/2005 Process LWRP map CD 0.25 2/11/2005 Burn LWRP CDs for Valerie Scopaz 0.5 3/3/2005 Discuss deliverables with Valerie Scopaz & CCE 1.2~ 3/4/2005 Review Creek Inventory documents 3/7/2005 Discuss Creek Inventory with Jim King. request additional prints from CCE 0.5 Total: 23 Scopaz, Valerie Subject: Johnson, Joanne Friday, April 08, 2005 1:50 PM Scopaz, Valerie FW: Southold Implementation of Priority LWRP Projects (#C006213) val, FYI .... this does not need to be cc to Joanne Johnson, she is in the Human Resource Center. thanks, cheryl ..... Original Message ..... From: Scopaz, Valerie Sent: Friday, April 08, 2005 12:05 PM To: 'Shawn Kiernan' Cc: Dennis Mildner; Laurissa Parent; Stephen Ridler; Cushman, John; Liguori, Joanne; Tetrault, Heather; Johnson, Joanne; Finnegan, Patricia; Christopher F. Smith (E-mail) Subject: RE: Southold Implementation of Priority LWRP Projects (#C006213) Dear Mr. Kiernan; Thank you for the update on the status of the contract. We will proceed to address the remaining items noted in your message. Sincerely, Valerie Scopaz, AICP Director lanning Department ..... Original Message ..... From: Shawn Kiernan [mailto:SKiernan@dos.state.ny.us] Sent: Friday, April 08, 2005 10:59 AM TO: Scopaz, Valerie Cc: Dennis Mildner; Laurissa Parent; Stephen Ridler; Cushman, John Subject: Southold Implementation of Priority LWRP Projects (#C006213) Ms. Scopaz, We received your status report and final payment request for contract C006213, and it appears that you have made good progress. However, some of the tasks identified in the contract have not been fully completed, and we are not able to make a full payment. We suggest that the overall project is approximately 75% complete, and we could provide a partial reimbursement of those costs. Therefore, Laurissa Parent will process a payment request for $37,500. The remaining payment will be made upon completion of the incomplete contract tasks. I'd like to direct your attention to the following subtasks listed in the contract that have not yet been accomplished to make it easier for you to direct your contractor in order to fulfill the contract. 1) As a reminder, please ensure that all materials produced under this contract reflect the Department of State and acknowledge the receipt of funds under Title 11 of the EPF. Under Task 7, the following subtasks should be addressed: examination of existing moorings in relation to eelgrass and shellfish beds, channels, marinas and boat launches an analysis of the efficiency of the current mooring pattern examination of alternatives to the current mooring layouts 1 development of alternative solutions for moorin9 field problems a Final Mooring Management Plan incorporating the above-mentioned analyses. Under Task 8: mapping the locations of existing erosion control and slope ~stabilization sites, supplementing the sumps and outfalls mapped as part of this project analysis and description of these identified sites development of generic slope stabilization, regrading and landscaping guidelines for use by the public incorporation of the guidelines into Town law, and dissemination to the public 4) Under Task 10: - Please continue to identify the Town's priority short-term and long-term educational programs and material designed. To satisfy this contract task, I recommend preparing a brief document describing the educational programs you have undertaken (i.e., the Mattituck Creek brochure) and ones that you would like to see in the future. I have also received and mailed back the hard drive containing the electronic version of the mooring data sent by John Sepenoski. Please feel free to contact me if you have any questions or if there is anything that I can do to help. Shawn Kiernan NYS Department of State Division of Coastal Resources 41 State Street, 8th Floor Albany, NY 12231 (518) 473-3656 518) 473-2464 fax Scopaz, Valerie To: )ject: Importance: Finnegan, Patricia; Tetrault, Heather; E. Brownell Johnston (E-mail); Terry, Mark Liguori, Jeanne FW: Southold Implementation of Priority LWRP Projects (#C006213) High Everyone, As expected, NYSDOS identified key elements that remain unfinished. I strongly suggest that we set up a meeting to agree to a timeline and assignment of tasks in order to complete this project within the next three or four months. This will have to be a group project because I no longer have the ability to assign planning staff to this. The volume of new applications is overwhelming our capability to do anything but deal with them. Cornell has essentially fufilled the terms of our contract with them. This is the part of the project that we will have to do in-house. Please let Joanne know when you are available to meet with me to come up with a plan. Keep in mind that I will be on vacation from the 14th through the 29th. If we can't find a time before I leave, you can elect to meet without me. I have no objections to that! Valerie ..... Original Message ..... From: Shawn Kiernan [mailto:SKiernan@dos.state.ny.us] Sent: Friday, April 08, 2005 10:59 AM To: Scopaz, Valerie Cc: Dennis Mildner; Laurissa Parent; Stephen Ridler; Cushman, John Subject: Southold Implementation of Priority LWRP Projects (#C006213) Scopaz, We received your status report and final payment request for contract C006213, and it appears that you have made good progress. However, some of the tasks identified in the contract have not been fully completed, and we are not able to make a full payment. We suggest that the overall project is approximately 75% complete, and we could provide a partial reimbursement of those costs. Therefore, Laurissa Parent will process a payment request for $37,500. The remaining payment will be made upon completion of the incomplete contract tasks. I'd like to direct your attention to the following subtasks listed in the contract that have not yet been accomplished to make it easier for you to direct your contractor in order to fulfill the contract. 1) As a reminder, please ensure that all materials produced under this contract reflect the Department of State and acknowledge the receipt of funds under Title 11 of the EPF. 2) Under Task 7, the following subtasks should be addressed: examination of existing moorings in relation to eelgrass and shellfish beds, channels, marinas and boat launches an analysis of the efficiency of the current mooring pattern examination of alternatives to the current mooring layouts development of alternative solutions for mooring field problems a Final Mooring Management Plan incorporating the above-mentioned analyses. Under Task 8: mapping the locations of existing erosion control and slope destabilization sites, supplementing the sumps and outfalls mapped as part of this project 1 analysis and description of these identified sites development of generic slope stabilization, regrading and landscaping guidelines for use by the public incorporation of the guidelines into Town law, and dissemination to public Under Task 10: - Please continue to identify the Town's priority short-term and long-term educational programs and material designed. To satisfy this contract task, I recommend preparing a brief document describing the educational programs you have undertaken (i.e., the Mattituck Creek brochure) and ones that you would like to see in the future. I have also received and mailed back the hard drive containing the electronic version of the mooring data sent by John Sepenoski. Please feel free to contact me if you have any questions or if there is anything that I can do to help. Shawn Kiernan NYS Department of State Division of Coastal Resources 41 State Street, 8th Floor Albany, NY 12231 (518) 473-3656 (518) 473-2464 fax 2 Page 1 of 1 Terry, Mark From: Chris Smith [cfs3@cornell.edu] Sent: Friday, August 12, 2005 12:22 PM To: Terry, Mark Subject: Re: DOS Grant ok...that works fine!.....the start date will be 10-1-05 ..... Original Message ..... From: Terry, Mark To: Chris Smith Cc: Liguori, Joanne Sent: Friday, August 12, 2005 12:06 PM Subject: RE: DOS Grant Chris Initial Contract Period is XXXXX to March 6, 2006; we need to enter agreed upon start date. The Multi Year Term expires March 31, 2007. Could you provide a start date? From: Chris Smith [mailto:cfs3@cornell.edu] ~ent: Friday, August 12, 2005 11:19 AM To: Terry, Mark Subject: DOS Grant The fax you sent looks good ...... one thing I need to know is the period of performance....what are the dates of the grant?...when will it terminate?...we may have to change that as this year is allready gone....I hope they expect the work this fall and next year ....... please let me know.....Chris Christopher F. Smith Cornell Cooperative Extension Marine Program Director 423 Griffing Ave. Riverhead, New York 11901 631-727-7850 x329 voice 631-852-3209 fax cfs3~comell.edu 8/12/2005 ACCOUNTING & FINANCE DEPT. John A. Cushman, Town Comptroller Telephone (631 ) 765-4333 Fax (631) 765-1366 E-rnail: accounting @town.southold,ny.us TOWN HALL ANNEX 54375 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net/ TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR March 31,2005 Jean Fuller New York State Department of State Division of Coastal Resources 41 State Street Albany, NY 12231-0001 Re: Agreement #C006213 Implementation of Priority LWRP Projects Dear Ms. Fuller: Enclosed please find our final payment request for the above referenced project. My understanding is that any additional documentation or information you require to process this payment request will be provided by Valerie Scopaz. Your assistance on this project is greatly appreciated. CC: Very truly yours, Valerie Scopaz/ Joanne Liguori OF NEW YORK 11-6001939 5] Payee N~me (Limit to 30 spaces) To~m of $outhold Payee Naffie (Limit to 30 spaces) Addm~ (Limit to 30 spa~e$) PO Box 1179 Addelll (Limit to 30 spaces) Ref/etv. ~ale (MM) (DD) I I Southold, 11971-0959 Implementation of priority LWRP Projects Contract No. C006213 FINAL PAYMENT REQUEST $100,000 00 [] Payee Cedlflc~lon: I certify that the above bill Is J~alt, true and correct; that no part thereof has been paid except as stated e~d that ~'~-~ ~ Town Compts~t~ler a~4w31/05 Town of Southold 50% FOR AGENCY USE ONLY By $100,000 00 $ 50,000.00 STATE COMPTROLLER'S PRE-AUDIT (u Rlqulr~a') Ce~lfled Fo~ Payment of Net Amount By Coat Center Code Accum Cost Center Unit Amount OSC SUMMARY SHEET DOCUMENTATION FORMS RECIPIENT Town of Southold CONTRACT # C006213 ~ENDITURES REPORTED COVER PERIOD BEGINNING DATE: 12/31/2003 ENDING DATE: 3/31/2004 PAYMENT REQUEST # 1 IS THIS A FINAL PAYMENT Current Budget Amount A. Salaries & Wages $ 19,291.00 B. Travel $ C. Supplies & Materials $ D. Equipment $ E. Contractual Services $ 80,709.00 F. Other (list land acquisition and volunteer services below) Land Acquisition* $ Volunteer Services* $ TOTAL $ 100,000.00 *Local Match Only (1) Expenditures Documented this Report (2) 19,291.00 80,709.00 100,000.00 I. BUDGET/EXPENDITURE DAT, Cumulative Documented Expenditures (3) 19,291.00 80,709.00 100,000.00 Available Balance to Document (1-3) 0 0 H. CERTIFICATION I certify that: 1 ) the above claim as detailed on attached Forms 2 through 3 is just, true and correct; that the mount claimed accurately represents the expenses as recorded in our accounting records; 2) where work is performed by persons not parties to the above-referenced Agreement; that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accurately represents project status; 5) documented expenditures have been made solely for the purposes of the "Project" as described in Exhibit B of the above-referenced Agreement; and 6) I am the responsible representative authorized to certify this claim. ~5::~(~'"".t''-''''-''''''~ John Cushman Town Comptroller ORIGINAL SIGNATURI~ PRINTED NAME TITLE Form 2 - Expenditures Detail for this Payment. Be descriptive and specific. A. SALARIES AND WAGES (Including Fringe Benefits) PAY PERIODS AMOUNT CHARGED TITLE FROM - TO TO THIS PROJECT 1. TownAttomey 01/01/04-12/31/04 $ 11,283 2. Secretarial Assistant 01/01/04-12/31/04 $ 2,626 ~. Environmental Technician 06/24/04-12/31/04 $ 3,570 4. Town Planning Director 01/01/04-12/31/04 $ 2,025 5. Senior Environmental Planner 01/01/04-12/31/04 $ 5,343 6. Technical Coordinator II 01/01/04-12/31/04 $ 854 7. Secretary to the Supervisor 01/01/04-12/31/04 $ 220 8. Adjustment- contract budget overage ($ 6,630) SUBTOTAL $_ 19,291.00 B. TRAVEL SUBTOTAL $ C. SUPPLIES/MATERIALS SUBTOTAL $ G:\COASTAL~FORMS\CONTRCTS~Docs uml ,wpd Form 3 - Expenditures Detail for this Payment. Be descriptive and specific. D. EQUIPMENT SUBTOTAL $ E. CONTRACTUAL SERVICES Name Comell Cooperative Extension Comell Cooperative Extension $50,000.00 $30,709.00 Service Provided Prepare generic set of erosion management measures, prepare educational materials to explain value, prepare s~xategy for Bay & Creek Mooring Management, reformulate Wetlands Legislation. In-kind services for preparation of generic set of erosion management measures, prepare educational materials to explain value, prepare sh'ategy for Bay & Creek Mooring Management, reformulate Wetlands Legislation. SUBTOTAL $ 80,709.00 F. OTHER SUBTOTAL $ G:'42OASTAL'~FOR/ViS~CONTRCTS~)ocsum I .wild FORM 4 - DESIGN/CONSTRUCTION BREAKDOWN If Project is Design or Construction Project, please restate costs in following table: Desi[~n Costs Construction Costs Totals State Funded Local Match State Funded Local Match A. Salaries & Wages $ $ $ $ $ B. Travel $ $ ~ $ $ $ C. Supplies/Materials $ $ $ $ $ D. Equipment $ $ $ $ $ E. Contxactual Services $ $ $ $ $ F. Other (except land $ $ $ $ $ acquisition and volunteer services) Land Acquisition ~ ~ ~ $ $ Volunteer Services ~ $ ~ $ $ Total Project Cost $ $ $ $ $ G :~COASTALWORaM S\CONTRCTS~oesmnl .wpd Scopaz, Valerie From: ~.Ssent: Tetrault, Heather Wednesday, March 30, 2005 11:58 AM Scopaz, Valerie RE: LWRP Contract C006231 Valerie, In response to your request to look at those tasks, this is what I understand was done: Task 7 #4: Trustees inspect each mooring area before one is placed, for water depth, shellfish beds, access from shore, and navigational clearance and approve each site according to these criteria. # 7:Trustees will now require mushroom anchors and not engine blocks or big pieces of concrete, to keep the moorings consistent and safe; floats must be visible with the numbers on them; winter stakes will be used; the moorings must be pulled periodically for safety, cleaning, and to check all gear. #8 As part of the mooring code review the Trustees examined the areas of the Bay that contain mooring fields and looked at boat lengths and types, access to pumpout stations, the size of the mooring field, and how the area should be limited. #10 The Moodng Code is the long range plan; it will be reexamined periodically to see if it is working. I will get the Trustees to put together a list of goals for this. ..... Original Message ..... From: Scopaz, Valede Sent: Monday, March 28, 2005 4:26 PM To: Tetrault, Heather; Terry, Mark; E. Brownell ~lohnston (E-mai0; Laudssa Parent (E-mail) Cc.' Liguod, .]oanne; Cushman, .John Subject: LWRP Contract C006231 Importance: High Everyone, This latest attachment reflects discussions I have had with various personnel.....it is a draft that reflects my understanding of what has been accomplished and what remains left to be done. I would appreciate everyone's review before issuing a final f ' ' or nclus~on w~th Cushman s account ng package to A bany, and my package to Laurissa. As I see it, we are close to finishing this particular grant. Outstanding items remain as follows: 1. Adoption of Mooring legislation by Town Board. 2. Adoption of a Mooring Management Plan by Trustees. 3. Adoption of an LWRP Educational Strategy by the Trustees and the LWRP Coordinator (still to be appointed). This strategy includes some kind of workshop by Trustees on the new wetlands law. 4, Adoption of Best Management Practices to prevent erosion near wetlands during construction and other land clearing. Valerie << File: Southold progress report 7-26-04 to 3-15-05.doc >> PROGRESS REPORT Covering Activities through 3-28-05 Tasks Undertaken for Implementation of Priority LWRP Project: # CO00621 't Task 1. Proiect Scoping The Town of Southold, the NYS Department of State and Comell Cooperative Extension of Suffolk County held initial meetings to review goals, targets, project requirements, work schedule and existing information. Task 2. Contract preparation and execution The contract was prepared and executed. Task 3. Request for Proposals There was no need to draft an RFP. Task 4. Consultant Selection No additional consultants were hired. Task 5. Contract Preparation and Execution Since no additional consultants were hired, no additional contracts were needed. Task 6. Project Scoping Session Since no additional consultants or contracts were needed, there was no need for an additional project scoping session. Task 7. Town of Southold Mooring Management Plan Cornell Cooperative Extension prepared a compilation of its research into existing practices and research on mooring management strategies and techniques. A copy of this report, entitled: Mooring Background Research was sent to the New York State Department of State in July of 2004. As part of this project, a Visual Inventory of the Creeks was undertaken. This inventory includes digitized mooring data. This information will be used by the Board of Trustees and its staff and legal counsel as part of implementing the Town of Southold's LWRP as well as enforcing the Town Code as it pertains to matters within Trustee jurisdiction. In the meantime, CCE has worked diligently with the Town Trustees to prepare draft legislation, Chapter 34 Mooring and Anchoring. This legislation is based on the aforementioned deliverables, and is intended to provide a framework for a town-wide Mooring Management Implementation Strategy. The legislation is undergoing internal review preparatory to presentation to the Town Board for the purpose of setting a public hearing. A copy of this draft legislation is attached to this report. This project is deemed to be 90% complete as of this date. Task 7. Town of Southold Mooring Management Plan Collect and analyze existing data on the location and use of moorings, including collecting new data through the use GPS and GIS technology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. Examine location of moorings with regard to significant natural resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and natural resources. Examine location of moorings with regard to navigation channels, marinas and boat launches in order to avoid conflicts between moorings and other users of the water surface. Examine alternative mooring types and patterns, and develop alternative solutions to different mooring field problems found in the field analysis e.g., public moorings of alternative designs that permit greater control over siting and capacity. Finalize digital mooring maps for use by Town Trustees and Bay Constables to improve permitting and enforcement activities. The Mooring Management Plan will also review Town procedures for the issuance of mooring permits and provide recommendations for improvements to this procedure including monitoring and inspection of moorings and enforcement. The Mooring Management Plan will build on information contained in the Draft LWRP and the Town of Southold Harbor Management Plan (1995). Product: Town of Southold Mooring Management Plan, including digital mooring field data and mooring maps and procedures for mooring regulations and enforcement. Task 8. Erosion Management Measures Pursuant to a draft work plan, CCE researched extant Sediment and Erosion Control Ordinances from around the country. This material will be used by the Town to develop appropriate generic slope stabilization, regarding and landscaping guidelines for use by property owners, builders, architects and Town officials for inclusion into the Town Code. Although the new Subdivision Regulations include references to erosion management measures, the Town has not adopted specific management measures and guidelines, nor has it disseminated this information to the public. In its GIS-grounded compilation of a Visual Inventory of Southold's Creeks, CCE also noted the location of discharge pipes, sumps and shoreline hardening structures near the waterfront. This survey and inventory is considered to have satisfied the task of documenting (photographing and dating) the locations of existing erosion control and slope destabilization sites on the Town's creekfront shorelines. This inventory is available in hard and electronic formats. A copy of each deliverable was sent to NYSDOS in March 2005. As part of the research for this project, the Town also compiled a GIS database layer consisting of the Coastal Erosion Hazard Area line. This project is deemed to be 80% complete as of this date. Task 8. Erosion Management Measures Digitize locations of, and analyze conditions at existing erosion control and slope &stabilization sites on Town of Southold shorelines. Develop appropriate generic slope stabilization, regrading, and landscaping guidelines for use by property owners, builders, architects, and Town officials and incorporate these in the Town Code. Publish guidelines and disseminate information to property owners, builders, developers, architects, and appropriate Town officials. Product(s): Digital erosion site data; written guidelines on erosion control, code amendments. Task 9. Wetland law reformulation This law was reformulated by Cornell Cooperative Extension in close cooperation with the Board of Trustees, the Town Attorney's Office and Mark Terry, Sr. Environmental Planner. It was adopted by the Town Board on February 24, 2003, subsequent to two public heatings and to separate review and comment by the Department of State. A copy of this legislation was delivered to NYSDOS in February 2003. As part of the research for this legislation, the Town's GIS database was updated by integrating federal and state wetlands maps. A Town wetlands map was generated through aerial photography interpretation. Task 9. Reformulation of Wetlands Legislation The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committee will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalities in Suffolk County. Using existing studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetland conditions in Southold and will also provide a benchmark against which future monitoring on the effectiveness of regulation and management can be based. The Committee will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. The Committee will make recommendations tot eh Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Identified wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s). Task 10. Development of an LWRP Educational Program Education material to explain the causes and potential solutions to Nonpoint Source Water Pollution to the public was prepared. The pamphlets were targeted to Mattituck Creek. A copy was forwarded to NYS Department of State last year. These pamphlets have been made available to the public through the Trustee and Planning offices as well as through the Town Clerk's office. Heather Tetrault, Environmental Technician, has undertaken a more extensive distribution program at schools and other sites. A copy of this pamphlet is attached to this report. Task 10. Development of an LWRP Educational Program The Town of Southold will develop an LWRP Educational Program. This program will identify both short-term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. Product(s): Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports The Town of Southold shall submit to the Department of State quarterly reports on the form provided, including the extent of work accomplished, any problems encountered, and any assistance needed. Ifa quarterly payment request is submitted, the quarterly report may be submitted as part of the payment request. Copies of past reports are attached. Task 12. Project Completion and Measurable results Task 12: Project completion Upon completion of the project, the consultant shall submit a statement to the Town of Southold that the work has been completed in accordance with the contract and all permit requirements, where applicable. The consultant shall provide the municipality with all reports, analyses, data, GIS layers, and products as specified in this work program. The Department of State shall concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Department of State for final payment of grant funds. Products: Quarterly reports during the life of the contract. As a result of the research pursuant to this grant, the following deliverables have been completed: 100% Chapter 97 Wetlands and Shoreline: New legislation was adopted in February of 2003. The federal, state and town wetland maps have been integrated into the Town's GIS database. 90% Chapter 34 Mooring and Anchoring: A significant draft is being circulated for internal review in preparation for presentation to the Town Board later this month. A copy of this draft was sent to NYS Department of State for review earlier this month. This legislation was preceded by Mooring Background Research in July of 2004. In addition, a Visual Inventory of the waterfront on Southold's creeks has been completed. This inventory has been printed and also is being entered into the Southold Geographic Information System in an interactive video-digital format. John Sepenoski of the Data Processing Department will be training Trustee, Planning and enforcement staff in the use of this new database within the next few months. Computer equipment will be purchased, as necessary, to enable easy access to this data at desktop computers in the Trustee, Planning and possibly the Code Enforcement offices. Protocols will be set up for updating this database as new permits are issued by the Trustees for construction within their jurisdiction. Taken together, this work will be considered the foundation of the Town's Mooting Management Plan within the creeks under Trustee jurisdiction pursuant to the Andros Patent. It is anticipated that this information will be invaluable towards the creation of a Mooring Management Plan for the bays at some future date. 80% Sample Sediment & Erosion Control Ordinances: This research material will be reviewed by the Trustees and other Town personnel (such as the Town Engineering Inspector, the Planning Department, and the Town Attorney) with the intent of creating a stronger set of Sediment & Erosion Control guidelines than currently exist within the Town Code. The new Chapter 97 Wetlands and Shorelines and the new Chapter Al06 Subdivision Regulations already contain language aimed at preventing sedimentation and erosion problems from occurring during land development. 100% Development of an LWRP Educational Program Approximately one thousand Nonpoint Source Water Pollution pamphlets targeted to Mattituck Creek were printed. These have been made available to the public through the Trustee and Planning offices as well as through the Town Clerk's office. Plastic display holders were purchased to more effectively display the flyers. Heather Tetranlt, Environmental Technician, has undertaken a more extensive distribution program at schools and other sites such as libraries, the local banks and marinas in Mattituck. She contacted science teachers in the elementary and secondary schools in town and gave them flyers to use as part of their science education programs. The flyers have been given to residents who live along Mattituck Creek when they came into the Trustee office to obtain mooring and other permits. The Trustees also plan to mall a flyer to those Mattituck Creek residents who have yet to come into the office. Task 13: Measurable Results The municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State. Riverhead, New York 11901 SOUTHOLD WATERFRONT REVITALIZATION PROJECT - PROGRESS REPORT9-30-02 TO 6-1-03 1. GIS Component The GIS database currently being constructed is composed of information extracted from three project components: 1) S outhold Town Creeks visual inventory 2) eelgrass management and restoration efforts and 3) shellfish management and restoration efforts. The following summarizes individual proposed tasks and progress to date. Southold Town creeks visual inventory -Inventory of shoreline structures along Town creeks. Photos of existing structures (e.g. houses, bulkheading and docks) will be extracted from the produced videos and linked to their corresponding tax map lot. Selecting any creek-front parcel will provide information such as acreage and will call up digital photographs. This has been successfully completed for the following creeks: Downs, Brushes, Corey, Deephole, East, James, Little, Richmond, West and Wickham Creeks. -Database of shoreline defense structures. All shoreline-hardening structures (e.g. bulkheads) will be mapped and linked to descriptive information such as size, length, etc. Town-wide data is available and is currently being incorporated into the database. -Mooring field inventory. All mooring fields in Southold will be mapped and linked to digital and aerial photographs. Has been successfully completed for the following creeks: Corey, Cedar Beach, Deephole, East, ,lames, Little and Richmond Creeks. -Navigational channel mapping. Previously and currently maintained channels will be mapped and linked to aerial photographs. Aerial photographs are currently being analyzed and the data is being incorporated into the database. Eelgrass Management and Restoration -Historical eelgrass bed distribution. Locations of historical beds of eelgrass throughout Southold will be mapped and linked to descriptive data such as density, health, etc. Town-wide data is available and is currently being incorporated into the database. -Existing eelgrass bed distribution: Current locations of eelgrass beds will be mapped and linked to digital (underwater) and aerial photographs. Town-wide data is available and is currently being incorporated into the database. -Long-term eelgrass monitoring stations. Comell Cooperative Extension eelgrass monitoring stations will be mapped and linked to data such as digital photographs (underwater) and monitoring findings. Station locations have been incorporated and associated data is being compiled. -Previous and ongoing eelgrass restoration efforts. Comell led restoration efforts will be mapped and linked to digital photographs and restoration outcomes/ findings. Town-wide data is available and is currently being incorporated into the database. -Sites highly suitable for eelgrass transplanting. A map of sites determined to be highly suitable for restoration activities will be created. The ability to produce such a map will be dependent on obtaining funding from additional sources to carry out the necessary multivariate modeling. The multivariate modeling is currently underway and we expect to include the results in the database. Shellfish Management and Restoration -Comell Cooperative Extension/Town of Southold seeding efforts. Map representing locations where seeding (clams, oysters and bay scallops) has occurred in 2001-2002 will be produced. The map will be linked to data such as quantity of seed and time of dispersal. The information is currently being incorporated into the database. -Proposed shellfish restoration effo~t~. A map will be produced depicting the proposed efforts: scallop spawner sanctuary and oyster reef. These areas will be linked to digital photographs and project summary documents. The information is currently being incorporated into the database. -SPAT project activity. The locations of all SPAT operations within the Town will be mapped. Town-wide data is available and is currently being incorporated into the database. -"Community garden". The location of the community garden will be mapped and will be linked to digital photographs and description of program. Community garden location has been incorporated and associated data is being compiled. -Shellfish closure areas. A map with year-round, seasonal and conditional shellfish closure areas will be produced. A map derived from the Department of Environmental Conservation (DEC) has been successfully incorporated 2, Community based shellfish enhancement - To date over 300 volunteers have donated their time to help grow shellfish for restocking town waters. The shellfish grown by these individuals has contributed to the following 2 project components: Oyster reef creation in Mattituck Creek - A location to establish this reef was decided by the shellfish advisory committee at their meeting 9-12-02 (see figure below). The planting of this shell stock occurred on October 1, 2002 around the southern end of the island; a total of 125,000 oysters were planted. This was accomplished by placing the returned shellfish from the SPAT program on this reef as well as oysters cultured by Cornell Cooperative Extension's Cedar Beach hatchery and nursery on this reef. Bay scallop spawner sanctuary - The goal of this program is to place 75,000 scallops in Hallock Bay and 75,000 in Hay Harbor. In addition to the 48,000 ready to spawn scallops that were been placed in each location during the last reporting period, an additional 30,000 were placed in Hallock Bay during May 2003. 3. Eelgrass Management - Cornell staff have conducted the following activities within this category: a. The final results of the town-wide eelgrass inventory and mapping project were received In February 2003. This data is in a format suitable for inclusion into the GIS eelgrass management database. b. During May 2003 CCE staff completed the creation ora planting suitability index model for all of Southold Town. This GIS-based model will provide for a more accurate assessment of potential eelgrass planting sites based on a number of factors including present coverage (see above), historic distribution (1930), bottom type, depth, temperature, nutrients, light, shellfishing activity, mooring fields, fetch and other factors. This model will allow CCE to better focus restoration efforts on sites with the highest chance of success. c. Long-term monitoring program - The long-term monitoring program for eelgrass in Southold will continue this year. In addition to the normal shoot density data collection this year's effort will include more detailed temperature (surface and bottom) monitoring as well as an assessment of genetic diversity within and between existing beds using microsatellite loci. The addition of these latter parameters will enhance management and restoration efforts. Eelgrass Restoration - After consultation with the Board of Trustees, Southold Bay was selected as a likely candidate for large scale plantings during 2002. Based on this coordination a new method of planting eelgrass using seeding buoys was deployed in Southold Bay during July 2002. Monitoring of seedling establishment began in April 2003 and will continue through summer. Data collected in May 2003 along with data fi.om several other sites throughout the Estuary will be included in a peer reviewed paper currently in preparation. 4. Watershed based water quality education - The goal of this component is to select a watershed within Southold Town and conduct water quality education programs for it's residents. The stormwater runoff committee recently established by the Town will be selecting the watershed to address. Comell staff has been meeting to discuss the program, which will include: flyers, presentations to homeowner's associations/civic groups/service organizations, articles in papers, and video education program development. Submitted by: Christopher F. Smith Marine Program Director Cornell Cooperative Extension of Suffolk County 423 Griffing Avenue Riverhead, New York 11901 SOUTHOLD WATERFRONT REVITALIZATION PROJECT - PROGRESS REPORT9-30-02 TO 6-1-03 1. GIS Component The GIS database currently being constructed is composed of information extracted from three project components: 1) Southold Town Creeks visual inventory 2) eelgrass management and restoration efforts and 3) shellfish management and restoration efforts. The following summarizes individual proposed tasks and progress to date. Southold Town creeks visual inventory -Inventory of shoreline structures along Town creeks. Photos of existing structures (e.g. houses, bulkheading and docks) will be extracted from the produced videos and linked to their corresponding tax map lot. Selecting any creek-front parcel will provide information such as acreage and will call up digital photographs. This has been successfully completed for the following creeks: Downs, Brushes, Corey, Deephole, East, James, Little, Richmond, West and Wickham Creeks. -Database of shoreline defense structures. All shoreline-hardening structures (e.g. bulkheads) will be mapped and linked to descriptive information such as size, length, etc. Town-wide data is available and is currently being incorporated into the database. -Mooring field inventory. All mooring fields in Southold will be mapped and linked to digital and aerial photographs. Has been successfully completed for the following creeks: Corey, Cedar Beach, Deephole, East, James, Little and Richmond Creeks. -Navigational channel mapping. Previously and currently maintained channels will be mapped and linked to aerial photographs. Aerial photographs are currently being analyzed and the data is being incorporated into the database. Eelgrass Management and Restoration -Historical eelgrass bed distribution. Locations of historical beds of eelgrass throughout Southold will be mapped and linked to descriptive data such as density, health, etc. Town-wide data is available and is currently being incorporated into the database. -Existing eelgrass bed distribution: Current locations of eelgrass beds will be mapped and linked to digital (underwater) and aerial photographs. Town-wide data is available and is currently being incorporated into the database. -Long-term eelgrass monitoring stations. Cornell Cooperative Extension eelgrass monitoring stations will be mapped and linked to data such as digital photographs (underwater) and monitoring findings. Station locations have been incorporated and associated data is being compiled. -Previous and ongoing eelgrass restoration efforts. Comell led restoration efforts will be mapped and linked to digital photographs and restoration outcomes/ findings. Town-wide data is available and is currently being incorporated into the database. -Sites highly suitable for eelgrass transplanting. A map of sites determined to be highly suitable for restoration activities will be created. The ability to produce such a map will be dependent on obtaining funding from additional sources to carry out the necessary multivariate modeling. The multivariate modeling is currently underway and we expect to include the results in the database. Shellfish Management and Restoration -Comell Cooperative Extension/Town of Southold seeding efforts. Map representing locations where seeding (clams, oysters and bay scallops) has occurred in 2001-2002 will be produced. The map will be linked to data such as quantity of seed and time of dispersal. The information is currently being incorporated into the database. -Proposed shellfish restoration efforts. A map will be produced depicting the proposed efforts: scallop spawner sanctuary and oyster reef. These areas will be linked to digital photographs and project summary documents. The information is currently being incorporated into the database. -SPAT project activity. The locations of all SPAT operations within the Town will be mapped. Town-wide data is available and is currently being incorporated into the database. -"Community garden". The location of the community garden will be mapped and will be linked to digital photographs and description of program. Community garden location has been incorporated and associated data is being compiled. -Shellfish closure areas. A map with year-round, seasonal and conditional shellfish closure areas will be produced. A map derived from the Department of Environmental Conservation (DEC) has been successfully incorporated. 2. Community based shellfish enhancement - To date over 300 volunteers have donated their time to help grow shellfish for restocking town waters. The shellfish grown by these individuals has contributed to the following 2 project components: Oyster reef creation in Mattituck Creek - A location to establish this reef was decided by the shellfish advisory committee at their meeting 9-12-02 (see figure below). The planting of this shell stock occurred on October 1, 2002 around the southern end of the island; a total of 125,000 oysters were planted. This was accomplished by placing the returned shellfish from the SPAT program on this reef as well as oysters cultured by Cornell Cooperative Extension's Cedar Beach hatchery and nursery on this reef. Bay scallop spawner sanctuary - The goal of this program is to place 75,000 scallops in Hallock Bay and 75,000 in Hay Harbor. In addition to the 48,000 ready to spawn scallops that were been placed in each location during the last reporting period, an additional 30,000 were placed in Hallock Bay during May 2003. 3. Eelgrass Management - Cornell staff have conducted the following activities within this category: a. The final results of the town-wide eelgrass inventory and mapping project were received In February 2003. This data is in a format suitable for inclusion into the GIS eelgrass management database. b. During May 2003 CCE staff completed the creation ora planting suitability index model for all of Southold Town. This GIS-based model will provide for a more accurate assessment of potential eelgrass planting sites based on a number of factors including present coverage (see above), historic distribution (1930), bottom type, depth, temperature, nutrients, light, shellfishing activity, mooring fields, fetch and other factors. This model will allow CCE to better focus restoration efforts on sites with the highest chance of success. c. Long-term monitoring program - The long-term monitoring program for eelgrass in Southold will continue this year. In addition to the normal shoot density data collection this year's effort will include more detailed temperature (surface and bottom) monitoring as well as an assessment of genetic diversity within and between existing beds using microsatellite loci. The addition of these latter parameters will enhance management and restoration efforts. Eelgrass Restoration - After consultation with the Board of Trustees, Southold Bay was selected as a likely candidate for large scale plantings during 2002. Based on this coordination a new method of planting eelgrass using seeding buoys was deployed in Southold Bay during July 2002. Monitoring of seedling establishment began in April 2003 and will continue through summer. Data collected in May 2003 along with data from several other sites throughout the Estuary will be included in a peer reviewed paper currently in preparation. 4. Watershed based water quality education - The goal of this component is to select a watershed within Southold Town and conduct water quality education programs for it's residents. The stormwater runoff committee recently established by the Town will be selecting the watershed to address. Comell staff has been meeting to discuss the program, which will include: flyers, presentations to homeowner's associations/civic groups/service organizations, articles in papers, and video education program development. Contractor: Program Contact Person: Phone: (Office) (Fax) APPENDIX D PROGRAM WORKPLAN Tow-nofSouthold Valerie Scopaz, Town Planner 631-765-1938 631-765-3136 lmplement_ation of Priority LWRP Projects 1. Project Description The Town of Southold has completed a Draft Local Waterfront Revitalization Program (LWRP) and is finalizing the document for formal review, adoption and approval. The Town has identified a series of priority projects that will improve the ability of the Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconic Estuary Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program. These include the preparation of mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measures, development of an educational program regarding the LWRP, and reformulation of wetlands legislation to address Board of Trustees needs. This will further work developed under previous LWRP grants from the EPF. The Town of Southold has developed a partnership and contracted with the Marine Program of Cornell Cooperative Extension of Suffolk County to complete work related to the implementation of the Town's LWR_P. This partnership will be extended to cover the tasks associated with this work plan. 2. Project Attribution and Number of Copies The applicant must ensure that all materials printed, constructed, and/or produced reflect the Department of State, Division of Coastal Resources logo, and acknowledge the contributions of the Division to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and supporting graphics, final design documents, and other printed materials. 3. Component Tasks Task 1. Project Scoping The Town of Southold, the Department of State, and Comell Cooperative Extension of Suffolk County shall hold an initial meeting to review goals and targets, project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination of local responsibility for project oversight, including whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee, determine D-2 its composition. A brief meeting summary will be prepared indicating the agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and execution The Town of Southold shall prepare a draft contract with Comell Cooperative Extension. The contract shall contain a detailed work plan with adequate opportunity to review stages in completion of the products, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. The draft contract will be submitted to the Department of State for review and approval. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall draft a Request for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to release for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task4: Consultant Selection (if required) In consultation with Department of State, the Town of Southold shall review all proposals received as a result of the RFP. The consultant selected is subject to approval by the Department of State. Product: Consultant selected. Task 5: Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct the work with the selected consultant. The contract will contain a detailed work plan with adequate opportunity to review stages in completion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to the Department of State for review. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract Task 6: Project Scoping Session (if required) The Town of Southold, the Department of State, Comell Cooperative Extension and the consultant shall hold an initial meeting to review project requirements and site conditions and to transfer any information to the D-3 consultant which would assist in completion of the project. A brief meeting summary will be prepared to clearly indicate the agreements/understandings reached at the meeting. Product: Scoping meeting with appropriate parties. Meeting summary with note of agreements/understandings reached. Ta~.k 7~own of Southold Mooring Management Plan /~ In preparing a Mooring Management Plan for the Peconic Estuary and associated creeks the Town will: · Collect and analyze existing data on the location and use of moorings, including collecting new data through the use GPS and GIS tectmology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. · Examine location of moorings with regard to significant natural resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and natural resources. · Examine location of moorings with regard to navigation channels, marinas and boat launches in order to avoid conflicts between moorings and other users of the water surface. · Examine alternative mooring types and patterns, and develop alternative solutions to different mooring field problems found in the field analysis e.g., public moorings of alternative designs that permit greater control over siting and capacity. · Finalize digital mooring maps for use by Town Trustees and Bay Constables to improve permitting and enforcement activities. The Mooring Management Plan will also review Town procedures for the issuance of mooring permits and provide recommendations for improvements to this procedure including monitoring and inspection of moorings and enforcement. The Mooring Management Plan will build on information contained in the Draft LWR.P and the Town of Southold Harbor Management Plan (1995). Department of State review of interim products and approval of final products is required. Product: Town of Southold Mooring Management Plan, including digital mooring field data and mooring maps and procedures for mooring regulation and enforcement. Task 8. Erosion Management Measures '~ preparing erosion management measures, the Town will: Jo Digitize locations of, and analyze conditions at existing erosion control and slope destabilization sites on Town of Southold shorelines. ,J · Develop appropriate generic slope stabilization, regrading, and landscaping guidelines for use by property owners, builders, architects, and Town officials and incorporate these in the Town Code. · Publish guidelines and disseminate information to property owners, builders, developers, architects, and appropriate Town officials. Department of State review of interim products and approval of final products is required. Product(s): Digital erosion site data; written guidelines on erosion control, code amendments. D-4 Task 9.~eformulation of Wetlands Legislation The Town Board shall establish a committee to guide the wetland law reformulation, consisting of Town Officials, regulators, planners, local citizens and the business community. The Committee will be charged with the review of current wetland regulations and will make recommendations as to where changes can be made to improve protection of wetlands. This will include a systematic review of wetland regulations used in other municipalities in Suffolk County. Using existing studies and in coordination with appropriate scientists and regulatory agencies, the Town will establish Town-wide wetland reference sites of all types. These sites will be used to provide information to the committee on wetland conditions in Southold and will also provide a benchmark against which future monitoring on the effectiveness of regulation and management can be based. The Committee will make recommendations on new buffer zone definitions and justifications, for inclusion in the revised Town wetland law. The Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulatory agencies, and new field work conducted at the reference sites. Department of State review of interim products and approval of final products is required. The Committee will make recommendations to the Town Board for changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Identified wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s)i Task 10. Development of an LVORP Educational Program Town of Southold will develop an LWRP Educational Program. This program will identify both short- term public education needs and appropriate media and outreach techniques, e.g., public meetings about LWRP implementation, public meetings about new wetland legislation., and long-term public education and awareness needs and appropriate media and outreach techniques, particularly youth-oriented, participation programs that can be coordinated with local school districts. The Town will then develop further selected outreach campaigns and educational programs, including program planning and design of materials, signage, flyers, and/or other items. Department of State review of interim products and approval of final products is required. Product(s): Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports The Town of Southold shall submit to the Department of State quarterly reports on the form provided, including the extent of work accomplished, any problems enconntered, and any assistance needed. Ifa quarterly payment request is submitted, the quarterly report may be submitted as part of the payment request. Products: Quarterly reports during the life of the contract. D-5 Task 12: Project completion and Measurable Results Upon completion of the project, the consultant shall submit a statement to the Town of Southold that the work has been completed in accordance with the contract and all permit requirements, where applicable. The consultant shall provide the municipality with all reports, analysis, data, GIS layers, and products as specified in this work program. The Department of State shall concur that the work is complete prior to the municipality paying the consultant and/or submitting to the Department of State for final payment of grant funds. The municipality shall complete the Measurable Results form attached to this work program and provide a copy to the Department of State. Product: Completed Measurable Results form. 4. Project Management Responsibilities: Town of Southold · The Town of Southold is responsible for ensuring completion of all work program tasks, reporting on progress and obtaining required approvals from the Department of State, and providing the Department of State with copies of materials produced. · The Town of Southold is responsible for soliciting input and comments from key local official staff, project participants, and other appropriate interests. · The Town of Southold will secure all necessary permits and perform all required environmental reviews, where applicable. · The Town of Southold is required to conduct meetings at appropriate intervals from the outset of and during the project to solicit concerns, comments and suggestions. Meetings should involve appropriate local officials, the Department of State and other appropriate government agencies, the project consultant, and other appropriate interests such as property owners, waterfront businesses, other private sector interests, project volunteers, civic groups, and the public at large. Public participation should occur early and consistently in the process through informational meetings, workshops, project presentations Consultant(s) · The consultant shall submit interim, draft, and final products to the Town of Southold and the Department of State. The submission of interim products is required to ensure the project is on schedule and project objectives are being achieved. Subsequent draft reports and products must respond to and reflect comments received from the Town of Southold and the Department of State to the satisfaction of the Town of Southold and the Department of State. Department of State · The Department of State will review and approve the subcontract between the Town of Southold and the consultant. Approval by the Department of State of any and all consultant subcontracts is necessary before work can commence. · The Department of State shall participate in meetings that important to the project's completion · The Department of State will review all interim, draft, and final products and provide comments as necessary to ensure project objectives are achieved. Other Agencies · Appropriate local, county, state, and federal agencies will be consulted. Interagency workshops/meetings may be conducted to improve communication and understanding about project objectives and needs; gain support from government agencies for permitting and financing; coordinate government agency actions; and to foster the redevelopment process. 2. Schedule D-6 T~k Description Mo Task l - Project Scopin~ Session Task 2 - Contract r]ar~aration and execution Task 3 - Request for Proposal Task 4 - Consultant Selection Task 5 - Contract preparation and execution Task 6 - ~Session Task 7- Mooring Managemant Plan Task 8 - Erosion Management Measures Task 9 - Reformulation of Wetlands Legislation Task 10 - Task 11 - uar~rl rt~ Task 12 - Project Completion and Measurable results Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo 2 3 4 5 6 7 8 9 10 11 Mo Expected ProducB Executed con~act Selected consultant Executed Contract Town Code revisions; written ~idelines on erosion control Wetland reference sites; wetland delineation and buffer Town Code revisions, LWRP Educational Program Measumble results form LWRP Timesheet for John Sepenoski j Date Description Hours 1/6/2003 Help Mark Terry with creation of wetlands layer 1 1/10/2003 Help Mark Terry with creation of wetlands layer ' 0.75 1/30/2003 Help Mark Terry with creation of wetlands layer 1 2/3/2003 Discuss changes to wetland layer with Mark Terry L 0.7~ -2718/2003 Discuss beach/bluff layer with Mark Terry 0.5 3/21/2003 Send tax map layer to CCE 0.2~ 3/26/2003 Discuss parks layer with Valerie Scopaz ' 1.25 3/2'~/2003 Work on parks layer 2.5 3/28/2003 Clean up Mark Terry's new wetlands layers 3 4/1/2003 Transfer LWRP files for Valerie Scopaz 0.5 4/4/2003 LWRP e-mail, send zoning layer -- ' 0.5 4/4/2003 Work on LWRP CD with Valerie Scopaz & Barbara Rudder -- 0.5 5/1/2003 Print wetlands map for Mark Terry & Chris Pickerel --- ~.~ 9/15/2004 Wetlands GPS field verification with Mark Terry & Heather Tetrault 4 1-0/6/2004 Review Creek DVDs 0.5 !!?,;;~;;'-:;'iih'i Wetlands GPS field verification with Mark Terry & Heather~etrault ' 2 1/31/2005 Discuss LWRP mapping request with Valerie Scopaz & Peter Lauridsen ~ 0.5 2/1/2005 Process LWRP map CD~ 0.2{ ~/11/2005 Burn LWRP CDs for Valerie Scopaz ' 0.5 3/3/2005 Discuss deliverables with Valerie Scopaz & CCE 1.25 3/4/2005 Review Creek inventory documents 0,5 3/7/2005 Discuss Creek Inventory with Jim King, request additional prints from CCE 0.5 t Total:T ~,a PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Ch~ir WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM TO: FROM: RE: DATE: E. Brownell Johnston, Esq., Asst. Town Attorney c/o Board of Trustees Carol Kalin, Planning Board Secretary Agreement #C006213 Implementation of Priority LWRP Projects March 22, 2005 Attached please find a copy of the above-referenced contract, as instructed by Valerie Scopaz, AICP, Town Planning Director. Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avc~me, Suite 100 Riverhead, NY 11901-3071 March 17, 2005 Tel: 631 727-7850 Fax: 631 727~7130 E-mail: suffolk~ornelLedu www. cce.come]l.edu/suf folk John Cushman Office of the Town Clerk Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Dear John: RE: LWRP Grant NYS Agreement #C006213 Enclosed you will find our final voucher in the amount of $880.19 for the above- mentioned contract. If there is anything further you need please do not hesitate to contact me. Thank you for your attention to this matter. Sincerely, Christine M. Christie CC: Joanne Liguori Valerie Scopaz Building Strong and V~brant New York Communities Page 1 of 1 Scopaz, Valerie From: Cushman, John Sent: Tuesday, March 15, 2005 9:37 AM To: Liguori, Joanne; Scopaz, Valerie Subject: Comell Cooperative Extension Invoices- DOS Contract #C006213 Please provide me with the following information, which relates to the above Department of State grant and the Cornell's three invoices for $28,544.84, $4,966.26 and $15,608.72 you sent me this morning: · A copy of the Town Board resolution authorizing the engagement of Cornell to provide these services. · The appropriation account number to be charged for these invoices. · Documentation of the Town's $50,000 match. Your prompt attention to these items is appreciated so that this office can process these invoices as well as the reimbursement request from the Department of State. 3/15/2005 JOSHUA Y. HORTON SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD DATE: NOTE TO: FROM: SUBJECT: March 14, 2005 John Cushman ~ Joanne Liguori/Valerie Scopaz Comell Cooperative Extension Invoices - $150,000 Grant John, attached is a copy of a voucher from Comell Cooperative Extension in the amount of $30,674.87, which was sent to you directly from them in February '05. This amount completes the invoicing for the $150,000 contract. We are trying to clean up all the billing connected to both agreements with Cornell - $150,000 and $50,000. In working with their accounting department, it was realized that most of these invoices were sent directly to you for payment. We know we may be duplicating efforts, but we just want to be sure we are all on the same page. If you have any questions, please give me a call. Thanks. CC2 Supervisor Josh Horton Christine Christie - Cornell Cooperative Extension PAY TO: payee Name: Cornell Cooperative Extension Address: of Suffolk County 423 Girffing Avenue, Riverhead Invoice Number 505 Invoice Date 12/31/03 Town of Southold, New York - Standard Voucher Payee Tax Identification Number °r S°c~l Security Number: 11-6081424 Payee Reference G494 Phone No. (631 )727--7850 Voucher-Christine Christie Vendor Contact Project-Chris Smith rchase Order Number P.O. Date Cash DMcount % Days Unit Amount Item Description of Materials / Services Quantity price Number 1 Personnel Services 15,921.28 Z Travel - Mileage 7 ~ 250.00 3,250.00 3 Travel - Boat Time 4 Administration Fee 4,253.59 Total 30,674.87 Net Payee Certification , . The underfigeed (Claimant) (Acting on behalf of the above named claimant) d.o~ hereb .y ce~fy, t~at, ,the [o..x~ ,g, .o! ~gu e¢ ?~ ~ o~ ~w i nt~u~ and correct Department Cerfi~cation ' ' ri I hereby certify that the materials above specified have been recg/ved by me in good condition without subsntuson, me serv, ces prope y performed and t~t the quantiti.~kthemof have been verified w/m the exceptions or discrepancies noted, and p~ayment)s approved DOCUMENTATION FORMS RECIPIENT Cornell Cooperative Extension of Suffolk County KEPORTING PERIOD ENDING DATE: CONTRACT # 12/31/03 L BUDGET/EXPENDITURE DATA Cumulative Current Expenditures Expenditures Available Budget Documented Documented Balance to Amount this Report to Date Document (1) (2) (3) (1-3) A. Personal Services 103,200 B. Fringe Benefits C. Travel 13,500 D. Supplies and Materials 12,500 E. Equipment F. Contractual Services O. Other 20,800 TOTAJ~ 150,000 15,921.28 103,161.82 10,500 13,500 0 12,538.18 4~253.59 20,800 30,674.87 150,000 38.18 0 (38.18) 0 0 II. CERTII~'ICATION I certify that: 1) the above claim as derailed on attached Forms 2 through 4 is just, ~ue and correct; that the amount claimed accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not pa*ties to the above-referenced Agreement; that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accurate represents project accomplishments; 5) documented expenditures have been made solely for the purposes of the "Project" as described in Exhibit B of the above-referenced Agreement; and 6) I am the responsible representative authorized to certify this claim ~ Thomas B. Williams, Executive Director Orig/~al Signature Name Title FORM 2 -Expenditure Detail for this Payment Request. Be descriptive and specific. A. PERSONAL SERVICE REQUEST TITLE L E. Hasbrouck, Sr. Investigator 2. R. MacNish, Investigator 3. C. Pickerell, Sr. Investigator 4. L. Brousseau, Investigator 5. C. Smith, Project Manager 6~ V. g. 10. 11. PAY PERIODS FROM-TO 10/1-11/15/03 10/1-10/31/03 10/1-11/15/03 10/1-10/31/03 SUBTOTAl_, B. FRINGE BENEFIT BREAKDOWN AMOUNT CtlARGED TO TTcIIS PROJECT $ 3,138.00 1,067.73 4,503.99 1,828.13 5,383.43 $ $15,921.28 PROJECT NARRATIVE DETAILING PROJECT ACCOMPLISI:Ig'iENTS Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avenue, Suite I00 Riverhead, NY 11901 Tel: 631 727-7850 Fax: 631 727-7130 E-mail: suffolk~cornell.edu www. cce,cornell.edu/suffolk Memo to: From: Re: Christine Christie /~ /J Chris Smith ~~~ charges in 494: mileage and boat time The following summarizes charges for mileage and boat time for Southold Project Account 494. Boat time: Charged at $250/day for 13 days Mileage charged during the period 12/19/2001 to 12/19/2003 at $0.325 per mile for 22,308 miles = $7,250 Miles as follows: Green 1996 Dodge NYLic#LI8876 5,538 Silver pickup Ford NYLic#L76008 3,572 Red pickup Dodge NYLic#L76827 5,598 White pickup Dodge NYLic#L18848 4,128 White pickup Ford NYLic#K20097 3~472 Total 22,308 Building Strong and Vibrant New York Communities C. TRA¥~L ~±leaga ............... $?~250o00 Boat T±ma ............. Subtotal $ D. SUPPLIES/MATERIALS E. EQUIPMENT Subtotal $ ~-RACTUAL SERVICES Name Amount Service Provided ~' ~tEF. -,- VOLU'NTEE, R SERVICES Subtotal $ Administration Fee 10/1-12/31/03 $4,253.59 PO Box 112. Greenport. NY 11944 PH 531.495.0~16 E:pkdesign@eptoninenel Cornell Co-Operative Extension 3690 Cedar Beach Road $outhotd, NY 11971 December 15, 2003 Attention: Lorne Rouseau Re: Mattituck Inlet Watershed Brochure Purchase Order No. 82827 Invoice for the Design and Production of 4,000 4/2 color brOChL~re Printing $1,780.00 Production 200 .DO Illustration 800.00 Total $2,780,00 ~r ~' ' ~ Invoice 179578 ' ~ Invoice Date 11/17/03 Tp RoexS~;z~e Center Ithaca, NY 14852-3884 Telephone: 607/255-2080 Bill To: SUFFOLK CouNTY COOPERATIVE EXTENS. Attn.:NANCY SCORSE/E.HASBROUCK 423 GRIFFING AVE., SUITE 100 RIVERHEAD, NY 11901-3086 #247-9100 SUFFOK FEDEX Ship To: SUFFOLK COUNTY COOPEP, ATIVE EXTENS. Attn.:NANCY SCORSE/E.HASBROUCK 423 GRIFFING AVE., SUITE 100 RIVERHEAD, NY 1190%3086 #247-9100 PREPAID 2 11/17/03 47LM25 0 )tershed Science for Educators I 47J85 0 v Your Trees 47L24 and Stream Safari: Activity Packet 0 ~line Activities for Kids Projects for School, Extra 1 0 I Charge THANK YOU FOR YOUR ORDER. PACKING SLIP ONLY, NO FURTHER PAYMENT IS REQUIRED. ............ 20% RESTOCKING FEE APPLIES TO ALL RETURNS. INVOICE PAID iN FULL Discount % 20.74 N 4.98 N 9,92 N 14.90 N 5.00 N The Resource Center at Comell University w~v.cce.cornell.ed u/store Nontaxable Subtotal Taxable Subtotal Tax Totallnvoice Ex~n~led Plice 20.74 4.98 9.92 14.90 5.00 55.5.4 0.00 0.00 Customer Odginai n-~. ~ · t 'ESOURCE LENTER ['he Resource Center ~.O. Box 3884 thaca, NY 14852-3884 Invoice 179191 Invoice Date 10/13/03 'elephone: 607/255-2080 ill To: SARATOGA COUNTY COOP. EXTENSION Attn.:NANCY SCORSE/E.HASBROUCK 50 WEST HIGH STREET BALLSTON SPA, NY 12020 #241-9100 Ship To: SARATOGA COUNTY COOP. EXTENSION Attn.:NANCY SCORSE/E.HASBROUCK 50 WEST HIGH STREET BALLSTON SPA, NY 12020 #241-9100 ¢ 7 : 10/13/03 1 I 147LM25 20.74 20.74 0 Watershed Science for Educators N 1 1 147J85 4.98 4.98 0 Know Your Trees N 1 1 147~4 9.92 9.92 0 Pond and Stream Safari: Activi~ Packet N 1 1 5302OAFK01B 14.90 14.90 0 Online Activities for Kids: Projects for School, E~ra N 1 1 SHIP 5.00 5.00 0 Shipping Charge N YOU FOR YOUR ORDER. PACKING SLIP ONLY, NO FURTHER PAYMENT IS REQUIRED· ---- 20% RESTOCKING FEE APPLIES TO ALL RETURNS. INVOICE PAID IN FULL The Resource Center at Comell Univemi~ ~:~m'~ & ~q¢ Non.xable Subtotal 55.54 Ta~ble Subtotal 0.00 Tax 0.00 Total invoice Suffolk County E~xtension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901-3071 Tel: 631 727-7850 Fax: 631 727-7130 E-mail: su f folk~comell.edu www. cce.cornell.edu/suffolk Cooperative Extension June 30, 2003 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Administrative fee for the period 4/1/03 - 06/30/03 $1,890.77 Buildin Stron and Vibrant New York Communities .......... ea Comell Uni versifY,C°O~er ative Exte~si°n ass°~ati°ns' c°ullty gOverning bOdI~' and U'S' ~t Of A~e' ~O~a~g' Town of Southold, New York - Standard Voucher PAY TO: Payee Tax Identification Number Payee Name: Cornell Cooperative Extension or~ocialSecurityNumbev ~ddr'ess: 11-60~1424 of Suffolk County Payee Reference 0494 423 Griffing Ave, Riverhead PhoncNo.( 631 ). 727-7850 Invoice Number 512 Invoice Date 9/30/03 Vendor Contact voucherproject - ChrisChristinesmithChristie Purchase Order Number .P.O. Date Cash Discount % Da Item Number Description of Materials / Services Quantity Unit IMco Amount 1 Personnel Services 2 Administrative Fee 4. 558.14 Total 32~871.22 Payee Certification The undersigned (CIainmliff'~/Oefing on be. half of the above named claimant) dee~s hereby certify that the foregoing claim is tree and correct Kd that n o~:~een paid, except az therein stated, a~d that the be/anco therein stated is actually due and owing. .Signatar~~ Title Executive Director_Dated__ VENDOR 003592 CORNELL COOPERATIVE EXTENSIO~ 01/06/2004 CHECK 74682 ~'~RTl~ ~ Ac-c~C~TTETT H4 8540.2.100.100 H4 8540.2.100.100 H4 8540.2.100.100 H4 8540.2.100.100 H4 8540.2.100.100 H4 8540.2.100.100 P 0.2 T~IV©TC~ 262 308 362 404 442 512 DESCRIPTION AMOUNT WATERFRONT REVITAL- 3,332.69 WATERFRONT REVITAL 17,556.15 WATERFRONT REVITAL 31,125.86~ WATERFRONT REVITAL 17,749.32~ WATERFRONT REVITAL 13,635.37~ WATERFRONT REVITAL 32,871.22~ TOTAL 116,270.61 DOCUMENTATION FORMS RECIPIENT Comell Cooperative Extension Suffolk County CONTRACT # REPORTING PERIOD ENDING DATE: 09/30/03 1. BUDGET EXPENDITURE DATA Cumulative Current Expenditures Expenditures Available Budget Documented Documented Balance to Amount this Report to Date Document (1) (2) (3) (1-3) A. Personnel Services 103,200 28,313.08 87,240.54 B. Fringe Benefits C. Travel 13,500 0.00 3,000.00 D. Supplies and Materials 12,500 0.00 12,538.18 E. Equipment F. Contractual Services G. Other 20,800 4,558.14 16,546.41 TOTAL 150,000 $32,87 I. 22 119,325.13 15,959.46 10,500.00 (38,. 18) 4,253.59 30,674.87 II. CERTIFICATION I certify that: 1) the above claim as detailed on attached Forms 2 through 4 is just, true and correct; that the amotmt claimed accurately represents the expenses as recorded in our accounting records; 2) 'where work performed by persons not parties to the above-referenced Agreement, that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accuratly represents project accomplishments; 5) documented expenditures have been made solely for the purpose of the "Project" as described in Exhbit B of the above-referenced Agreement; and 6) I am the resE.g~l~,~e representative Original Signature authorized to certify this claim. Thomas B.~Williams Name Executive Director Title PRO~ECT NARRATIVE DETAILING PROJECT ACCOMPLISI]]VIENTS FORM 2 -Expenditure Detail for this Payment Reqnest Be descriptive and specific. A. PERSONAL SERVICE REQUEST TITL~ 1. Emerson Hasbrouck - Sr. Invg~t~_i~g_~t_or__ 2. Rory MacNish - Investigator 3. Chris Pickerell - Sr. Investig_agp~ 4. Gregg Rivara - Investig~_t__o~ ................... 5. Chris Smith - Pro~ect Mana~T ............... 6. Lorne Brousseau - Investi~g~pr__ ................ 7. 8. PAY PERIODS FROM :- TO .__ ]7.~1/_03 -__9_/_30_~_03 ..... 6/2.6_-_~_9/32/_Q_3_ ..... Z/J- - 9~3Q/0~_3 ..... Z/~ AMOUNT CHARGED TO THIS PROJECT .... $ 4,687.50 _9_~2 l_6.._Q _0 2, _8~._0.0~ 4,616.57 3,65_6,26____ 10. 11. B. FRINGE BENEFIT BREAKDOWN SUBTOTAI$ $28,313.08 C. TRAVEL D. SUPPLIESfMATERIALS Subtot~ $ E. EQU1P,~EN 'r Subtotal $ F, CO~FRACTUAL SERVICES Name Amount Service Provided ~, G'~-LE]~ ~- VOLIJ'NTt~R SERVICES Administrative Fees 7/1 - 9/30/03 Subtotal $ $4,558.14 Town of Southold Waterfront Revitalization G-494 [Expenses[ Prior CumulativeI Budget Budget 9/30/03 Cumulative 9/30/03 Balance Salaries Proj Mgr & 4 Senior Investigators 85,700 28,313.08 40,757.79 69,070.87 16,629.13 Technician . 15,000 0.00 15,669.67 15,669.67 (669.67) Support Staff 2,500 0.00 2,500.00 ~ 2,500.00 0.00 Total Salaries 103,200 28,313.08 58,927.46 87,240.54 18,959.46 Equipment&Supplies 12,500 0.00 12,538.18 12,538.18 (38.18) Travel Mileage 7,250 0.00 0.00 0.00 7,250.00 Boat Time 6,250 0.00 3,000.00 3,000.00 3,250.00 Sub Total 129,200 28,313.08 74,465.64 102,778.72 26,421.28 ~,dministrative Fees 20,800 4,558.14 11,988.27 16,546.41 4,253.59 Total 150,000 32,87t.22 I 86,453.91 119,325.13 30,674.87 DOCUMENTATION FORMS RECIPIENT Cornell Cooperative Extension Suffolk Coun.ty CONTRACT # REPORTING PERIOD ENDING DATE: 09/30/03 1. BUDGET EXPENDITURE DATA Cumulative Current Expenditures Expenditures Available Budget Documented Documented Balance to Amount thSs Report to Date Document (1) (2) (3) A. Personnel Services 103,200 28,313.08 87,240.54 B. Fringe Benefits C. Travel 13,500 0.00 3,000.00 D. Supplies and Materials 12,500 0.00 12,538.18 E. Equipment F. Contractual Services G. Other 20,800 4,558.'[4 16,546.41 TOTAL 150,000 $32,871.22 119,325.'[ 3 15,959.46 10,500.00 (38,. 18) 4,253.59 30,674.87 II. CERTIFICATION I certify that: 1) the above claim as detailed on attached Forms 2 through 4 is just, true and correct; that the mount claimed accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties to the above-referenced Agreement, that those persons intended to be compensated have been compensated; 3) we are in compliance with ali applicable provisions of the above-referenced Agreement; 4) the attached narrative report accuratly represents project accompliskments; 5) documented expenditures have been made solely for the purpose of the "Project" as described in Exhbit B of the above-referanced Agreement; and 6) I am the resp_.ql:~lpJe representative authorized to certify this claim, . _ Thomas B. Williams Original Signature Name Executive Director Title PROJECT NARRATIVE DETAI/~ING PROJECT ACCOMPLISEtMEI~TS FORM 2 -Expenditure Detail for this Payment Request. Be descriptive and specific. A. ~ERSONAL SERVICE REQUEST TITLE 1. Emerson HasbrouCk - Sr. Investig~t_or_ 2. Rory MacNish - Investigatg~ ................... 3. Chris Pickerell - Sr. Investi~Kagp~ 4. Gregg Rivara - Investigator .................. 5. Chris Smith - Pro~ect Mana_g~ ............... 6. Lorne Brousseau - Invest~pr ................... 7. PAY PERIODS ?.ROM ~ TO ....... 6./2.6__-_~9 LkT_ LQ3_ ...... ?J~ - 9/30_[..O. 3 AMOUNT C~IAP. GED TO THIS PROJECT .... $ 4,6_s2. 5o 9 ~_2 l_6.._Q O .2,85~3_._0.0_ ..... 4,616,57 3 656 2~_ 10. I1. B. FRINGE BENEFIT BREAKDOWN SUBTOTAL $ $28,313.08 C. TRAVEL D. SUPPLIES/MATERL4LS Subtotal $ E. E QU1PIVfEN T Subtotal $ CONTRACTUAL SERVICES Name Amount S~ ezvice Provided VOI~L=NTEIgR SERVICES Administrative Fees 7/1 -9/30/03 Subtotal $ $4,558.14 Town of Southold Waterfront Revitalization G-494 I Expenses I Prior Cumulative Budget Budget 9/30/03 Cumu ative 9/30/03 Balance Salaries 16,629.13 Proj Mgr & 4 Senior Investigatom 85,700 Technician 15,000 (669.67) Support Staff 2,500 0.00 Total Salaries '103,200 '15,959.46 Equipment & Supplies Travel Mileage 12,500 7,250 6,250 Boat Time 28,313.08 40,757.79 0.00 15,669.67 °.°°1 I 2,500.00 28,313.08 [ I 58,927.46 0.00 [ / 12,538.18 o.oo / / o.oo o.oo// 3,000.00 28,313.08/ / 74,465.64 4,558.14/ / 11,988.27 32,87'1.22! ! 86,453.91 69,070.87 15,669.67 2,500.00 87,240.54 12,538.18 0.00 3,000.00 102,778.72 16,546.41 '1'19,325.t3 (38.18) 7,250.00 3,250.00 Sub Total 129,200 26,421.28 Administrative Fees 20,800 4,253.59 Total t 50,000 30,674.87 AY Payee Name: Cornell Cooperative Extension of Suffolk County Address: 423 Griffin$ Avenue Riverhead, NY 11901 Invoice Number.. 442 _ Invoice Date 6/30/03 Town of Southold, New York - Standard Voucher Payee Tax Identification Number or Social Secudty Number: Payee Reference G-494 Phone No. ( 631 ).727-7850 Voucher - Cathy Berkhan Vendor Contact Project Chris Smith Purchase Order Number P.O. Date Cash Discoun % Da Item Number Description of Materials / Services Quantity Unit 1 Personnel Services 11,689.62 2 Equipment & Supplies 54.98 3 Administration Fee 1,890.77 Total Net 13,635.37 · . . Payee Certification The unders:$n.e.d. (Clalm~int)~,,~~ on. behalf of the above named claimant) does hereby ceaify that the forego ng c aim s true and correct Signature I '~/ ~ TitleExecutive Director Dated ~[C[[<3] VENDOR 003592 COP. NELL COOPERATIVE EXTENSION. 01/06/2004 CHECK 74682 H4 ·8540 2 100 H4 .8540 2 100 H4 ·8540 2 100 H4 ·8540 2 100 H4 .8540 2 100 H4 .8540 2 100 P 0.2 T~/qVOT~ 100 262 100 308 100 362 100 404 100 442 100 512 DE~qCRI PTION AMOLINT WATERFRONT REVITAL- 3,332.69 WATERFRONT REVITAL 17,556.154 WATERFRONT REVITAL 31,125.86~ WATERFRONT REVITAL 17,749.32~ WATERFRONT REVITAL 13,635.37~ WATERFRONT REVITAL 32,871.22~ TOTAL 116,270.61 DOCUMENTATION FORMS RECIPIENT Cornell Cooperative Extension Suffolk County CONTRACT # REPORTING PERIOD ENDING DATE: 06/30/03 1. BUDGET EXPENDITURE DATA Cumulative Current Expenditures Expenditures Available Budget Documented Documented Balemce to Amount this Report to Date Document (1) (2) (3) (1-3) A. Personnel Services 103,200 11,689.62 58,927.46 B. Fringe Benefits C. Travel 13,500 0.00 3,000.00 D. Supplies m'~d Materials 12,500 54.98 12,538.18 E. Equipment F. Contractual Services G. Other 20,800 1,890.77 11,988.27 TOTAL 150,000 $13,635.37 86,453.91 44,272.54 10,500.00 (38.18) 8,811.73 63,546.09 II. CERTIFICATION I certify that: 1) the above claim as detailed on attached Forms 2 through 4 is just, true a.nd correct; that the amoupt claimed accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties to the above-referenced Agreement, that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accuratly represents project accomplishments; 5) documented expenditures have been made solely for the purpose of the "Project" as described in Exhbit B of the above-referenced Agreement; and 6) I am the re~lpresentative Original Signature authorized to certify this claim. Thomas B. Williams Name Executive Director Tide FORM 2 -Expenditure Detail for Ihis Payment Request. Be descriptive and specific. A. PERSONAL SERVICE REQUEST TITL~ Hasbrouck, Emerson - Sr. Investigator ...... Abramson, Mark - Technician 3. MacNish, Ror ~ qh_n}~_~aR 4. Tetrault, Rim - Investig~_t_or 5-__ Wage~a__nn, Scott - Technician 6. Patricio, Michael - Technician PAY PERIODS AMOUNT CIIARGED FROM - TO _TO Tm~ PROJECT ._ 51)- -_6 ~_Q _/_0. _3 ............ $ 1,_562.50 4/1-6~30~/03 .2~ 172. O0 4Z lr 6~ 3.0~_.03 708.48 -- -4- / 1--- 6J-3-0/-0 3 ......... 6 ~ 12__5_ ._Q_0 .. (~li-~6.L39293__ 121~1~__ ~J 1_-6/_30~Z03_ 1, QO0.50 10. 11. B. FRINGE BENEFIT BREAKDOWN SUBTOTAl_, $1_1,689.62 TRAVEL Subtotal $ SUPPLIES/MATERIALS Quill ........ $ 54.98 E. EQUll>MENT Subtotal $ ~CES Nature Amount S_ervice Provided I; Subtotal $ V©LU-INTEi{R SERVICES Administrative Fees 4/1-6/30/03 $1,890.77 Town of old Waterfront Revitalization G-494 I Expenses I Prior CumulativeI Budget Budget 6/30/03 Cumulative 6/30/03 Balance Salaries Proj Mgr & 4 Senior investigators 85,700 7,687.50 33,070.29 40,757.79 44,942.21 Technician 15,000 4,002.12 11,667.55 15,669.67 (669.67) Suppod Staff 2,500 2,500.00 ' 2,500.00 0.00 Total Salaries 103,200 11,689.62 47,237.84 58,927.46 44,272.54 Equipment & Supplies 12,500 54.98 12,483.20 12,538.18 (38.18) Travel Mileage 7,250 0.00 0.00 7,250.00 Boat Time 6,250 3,000.00 3,000.00 3,250.00 Sub Total 129,200 11,744.60 62,721.04 74,465.64 54,734.36 Admini=b,=t;ve Fees 20,800 1,890.77 10,097.50 11,988.27 8,811.73 Total 150,000 13,635.37 72,818.54 86,453.91 63,546.09 Suffolk County Extension Education Center 420 Griffing Avenue, Suite 100 Riverhead, NY I190].-3071 Tel: 631 727.7850 Fax: 631 727-7130 E-mail: suffolk~comell.edu w-~w. cce.co rnell.ed u/suffoLk Cooperative Extension Invoice June 30, 2003 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs See Attached Progress Report for Details Expenditures for the period 04/01 - 06/30/03: Salaries Project Manager & Senior Investigators Teclmicians Support Staff Equipment & Supplies Travel Mileage Boat Time Administrative Fee Total 7,687.50 4,002.12 54.98 1,890.77 $13,635.37 t New York Communities B ~ Stron~ and ~bran ............. . . cou ofHumanEcotegy, and Cooperative Extension Suffolk County F~x t~.nsion Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901-3071 Tel: 631 727-7850 Fax: 631 727-7130 E-mail: suffolk~comell.edu www. cce.cornell.edu/suffolk June 30, 2003 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Salary Expenditures for the period ended 04/01 - 06/30/03 Hasbrouck, Emerson Abramson, Mark MacNish, Rory Tetrault, Kim Wagemann. Scott Patricio, Michael Senior Investigator 1,562.50 Technician 2,172.00 Technician 708.48 Investigator 6,125.00 Technician 121.14 Technician 1,000.50 Total $11,689.62 Buildine, Strong and V~brant New York Communities sox ~4o9~ P.O. PALATINE, IL 60094-4081 CUSTOMER SERVICE 1-800-789-8965 SEE REVERSE FOR LOCATION INFORMATION TIN 36-2952904 INVOICE ACCOUNT NO, INVOICE NO. INV01CE ~)ATE i 004525071 1461§1q105/15/03t 2952 TERMS-NET 30 3 SHIP TO s CORNELL COOPERATIVE EXT 0 L o 423 GRIFFING AVE STE 100 T RIVERHEAD NY 11901-3011 0 CORNELL COOPERATIVE EXT 36gO CEDAR BEACH RD SOUTHOLD NY 11971 CUSTOMER ORDER NO 80335 STOCK NUMBER SB35381M SB35121H 7-10937 037 C6656Afl CCb57AN 037 5020108 S020089 PM5228 AAGSO01105 QUILL ORDER NO, DATE ORDERED DATE SHIPPED 3833611 05/15/03 05/15/03 DESCRIPTION COLOR 3/8" HEAVY DUTY. STAPLES 1/2" HEAVY DUTY STAPLES QUILL REMFG HPC3gO3A STD TONER BLACK HP NO. 56 INKJET CARTRIDGE INKJET CTG F/HP PHOTOSMART BLACK CARTRIDGE,STYLUS 800 COLOR INK CARTRIDGE,STYLUS MONTHLY HALL CALENDAR BOOK,TEL/ADD,4-7/8XS,BK SHIPPED VIA UPS-ISLAND CITY p 1.0BX* 2.390 2 p 1.OBX* 2.590 2 p 2.0EA*~-5~.qSO 10g,qb BLACK P 10EA*' t9.990 19~99 lOO TRICL P 1.OEA* 34.990 34.99 BLACK P 1.OEA* 28.990 28.qq 400 TRICL P 1.0EA* 28.~90 28.99 NHITE P 1.0EA* 8.390 *THE ITEM ABOVE HILL BE SHIPPED AND BILLED SEPARATELY* XT TO PRICE INDICATES SPECIAL SALE NON IN EFFECT. SO YOU SAVE EVEN MORE~ **FOR TH~ FIRST TIJv~E IN QUILL E~STORY, . **ALL QUILL BRAND PRODUCTS ARE ON SALE **IN Y~UR CURRENT SAL~S FLY, Ri ****************************************************************** PLEASE AMOUNT AN EXPLANATION OF OUR RETURN PRICING & FREIGHT POLICIES IS ON THE BACK OF THIS INVOICE IF YOU HAVE QUESTIONS ABOUT YOUR ORDER OR THIS INVOICE PLEASE WRITE ON C.m.I- PAY TO: Town of Southold, New York - Standard Voucher Cornel~ Cooperative Extension Payee Tax Ident~cation Number payee Nme: Adthc~; of Suffolk County 423 Griffin8 Avenue Riverhead, NY 11901 lnvoieeNumber 362 Invoice Da~ 12/31/02 or ~ocial Security Number: Payee Reference G-494 PhoneNo.( 631 ) 727-7850 Veud0rConmct Voucher: Cathy Berkhan Purchase Order Number P.O. Date Cash Discount % D~ I~m Number D~cfipfien of Martials / Services Quanfi~ U~t Pr/ce Amount i Personnel Services 18~860.65 2 E~uioment & Supplies 4.949268 3 Travel 3,000.00 4 Other - Administrative 4,316.12 ~ Toml ' . 31,125.86 ....... 31,125.86~ The u Payee Ce .r~ification p~e~pmu, except as merem stated, a~d that th~ balance ~herein stated is actually due and owing. o $ignamr~___~_~_~~ Title Executive Dtrector__Da~d 02/11/03 . ]Del~arta~ent Certification VENDOR 003592 CORNELL COOPERATIVE EXTENSION. 01/06/2004 CHECK 74682 H4 .8540 2 100.100 H4 .8540 2 100.100 H4 .8540 2 100.100 H4 .8540 2 100.100 H4 .8540 2 100.100 H4 .8540 2 100.100 P O.~ TNWOTCE 262 308 362 404 442 512 DESCRIPTION WATERFRONT REVITAL- WATERFRONT REVITAL 17 WATERFRONT REVITAL 31 WATERFRONT REVITAL 17 WATERFRONT REVITAL 13 WATERFRONT REVITAL 32 TOTAL 116 3 332.69 556.15M 125.86F 749.32~ 635.37~ 871.22~ 270.61 DOCUMENTATION FORMS RECIPIENT Cornell Cooperative Extension Suffolk County CONTRACT it REPORTING PERIOD ENDING DATE: 12/31/02 1. BUDGET EXPENDITURE DATA Cumulative Current Expenditures Expendinrres Available Budget Documented Documented Balance to Amount this Report to Date Document (1) (2) (3) (1-3) A. Personnel Services 103,200 18,860.06 33,569.19 B. Fringe Benefits C. Travel 13,500 3,000,00 3,000.00 D. Supplies and Materials 12,500 4,949.68 I 0,863.77 E. Eq~pme~ctt F. ContractUal Services G. Other 20,800 4,316.12 7,636.26 TOTAL 150,000 $31,125.86 55,069.22 94,930.78 69,630.81 10,500.00 1,636.23 13,163.74 II. CERTIFICATION I certify that: 1) the above claim as detailed on attached Forms 2 through 4 is just. true end correct; that the amount el~ir~ted accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties to the above-referenced Ag~mment,~that those persons inte~2ded to be compensated have been compensated; 3) weare in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accurafly represents project accomplishments; 5) documented expenditures have been made solely for the purpose of the '"Project" as described in Exhbit B of the above-referenced Agreement; and Original Signature Name Title Executive Director PROJECT NARP~TIVE DETA~LL~qG PROJECT ACCOMPLISI~I~ENT~ FORM 2 -Expenditure Detail for this Payment Request. Be descriptive and specific. A. P.~ERSONAL SERVICE REQUEST T. TIITLE 1. Brousseau, Lorne Senior Investigator 2. Hasbrouck, Emerson, Senior Investif~tor 3. Pickerell, Chris, Senior Investigator 4. Abramson, Mark, Technician 5. Dumais, Sandy, Technician 6. Patricio, Michael, Technician PAY PERIODS E~_~OM - ~o 10/01/02 - 12~31/02 _.~PZOI1./_o2 -._1__2/3__1/_0_2_. 221. z9 . _~: .0. _/P.½ / 0 2_ =_ .l_.~Z / 3 ~/~0 2_ 5,8Ol.6o ~L°_3/02_.-__. _~/2.1/oL n20. oo 10/01/02- 12/3~/02 2,z~.65 10/01/02 - 12/31/0z 2,305.00 AMOUNT CtIARGED TO THIs PROJECT 7,312.52 I0. 11. -- ............... SUBTOTAl, $ 18,860.06 B. _FRINGE BENEFIT BREAKDOWN Boat Time 01/01/02 - 12/31/02 12 days @ $250/day $3,000.00 D. SUPPLIES/MATERIALS Details attached Subto~l $ 3,000.00 E. E Q Lr~.MY_,N T Subtotal $ 4,949.68 Equip & Supplies AT & T 6.98 AT & T 38.90 US Post Office 3.95 Fleet/telephone charges 140,36 Fed Express 24.80 Society of Wetland 55,00 Expedia.com 368.44 JFK Airport 56.00 Holiday Inn (32,40) Sprague 380,04 Hess Express 31.90 Quill 59.99 Edwards Sports Center 283.94 Gearwork & Marine 64.50 APA 132.90 Nat'l Groundwater 38.2,~ Radio Shack 54.98 Iomega 168.41 Soundview Scuba 119.00 Gea~vork & Marine 19.00 ~earwork & Marine 116.00 West Marine 57.88 Cutcho~lue Hardware 21.96 Paper Outlet 29.61 Quill 63.08 Soundview Scuba 278.66 Southold Marine 6.95 Iomega 164.15 Soc Archaeology 95.00 Soc Ecological Res 115.00 Albertson Marine 240.45 Riverhead Trailor 1.746.00 Total 4,949.68 Service Provided O£~.R --. VOLUNTEER SERVICES Subtotal $ Administrative Fee 10/01/02 - 12/31/02 $4,316.12 Town of Southold Waterfront Revitalization G-494 I Budget I Expenses II ,.or I Cumu~=iv.I Budget 12/3112002 ~ ~Cumulative~ 12/3112002 ~ Balance Salaries 85,700 13,335.4 14,625.13 27,960.54 Proj Mgr & 4 Senior Investi~lators Technician Support Staff 15,000 !quipment & Supplies 2,500 0.00 Total Salades 103,200 12,500 Travel , Mileage 7,250 Boat Time 6,250 Sub Total Administrative Fees 57,739.46 84.00 5,608.65 9,391. 0.00 0.00 2,500.00 14,709 33,569.19 4,949.68 5,914.09 10,863.77 1,636.23 0.00 0.00 7,250.00 3,000.00 0.00 3,000.00 3,250.00 129,200 20,623.22 47,432.96 81,767.04 20,800 4,316.12 7,636.26 13,163.74 Total 150,000 23,943.36 55,069.22 Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avenue, Suite Riverhead, NY 11901-3071 Tel: 631 727-7850 Fax: 631 727-7130 E-marl: suffolk@cornell.edu www. cce.comell.edu/suffolk Invoice December 31, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs See Attached Progress Report for Details Expenditures for the period 10/01 - 12/31/02: Salaries Project Manager & Senior Investigators Technicians Support Staff Equipment & Supplies Travel Mileage Boat Time Administrative Fee Total 13,335.41 5,524.65 4,949.68 3,000.00 4,316.12 $31,125.86 Building Strong and V~brant New York Communities Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Tel: 631 727-7850 Fax: 631 727-7130 E-ma/l: suffolk@comeE.edu www. cce.co meE.edu/su ffiv lk December 31, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Solary Expenditures for the period ended 10/01 - 12/31/02 Brousseath Lorne Piekerell, Chris Hasbrouck, Emerson Abramson, Mark Dumais, Sandy Patrieio, Michael Senior Investigator Senior Investigator Senior Investigator Technician Technician Technician $7,312.52 5,801.60 221.29 420.00 2,799.65 2,305.00 Total $18,860.06 Building Strong and Vibrant New York Communities ~BWNGFYV ~0002502121516176~ w AT 02 026526 60764B177 A**3DGT SUFFOLK COUNTY CARYN YAKABOSKI ST[ 100 423 GRIFFING AVE qI,VERHEAD NY 11901-3071 FOR ACCOUNT 212151617 Multi-Line Account AT~T Wireless Questions? --800 888~7600 · 611 from your wireless ahone · TTY users - ~-866-4-AWS TTY Date of Invoice: 12/27/02 (631) 871-1250 (631) 871-6082 (631) 871-6083 _ORNE BROUSSEAU ~A~ SCLAPANI 2 MATT SCLAPANI GROSS RECEIPTS SURCHARGE ~qqq TOTAL CURRENT MONTHLY CHARGES 85.56 #BWNGFYV #0002502121516176# w AT 02 027614 275768182 A**3DGT *SUFFOLK CARYN YAKABOSKI STE 100 423 GRIFFING AVE RIVERHEAD NY 11901-3071 SUMMARY OF MOEIltLY CItARGES FOR ACCOUNT 212151617 #ireless Number Hulti-Llne Account AT&T Wireless Questions? · www.attwireless.com · 1-800-888-7600 · 611 from your wireless phone · 1-FY users - 1-866-4-AWS-TTY Date of Invoice: 11/27/02 .00 .00 .CO 20.00C~ 20.00C 126.20 Your billing cycle bmJan on 10/26 and ended on 11/25. 106.20 C. rrent ~onth]y~Char~es Su/ary Of~[~U~Vidua] Number Char~es (631) 871-~25~ LORNE BROU$SEAU (631) 871-6082 I~RTT SCLAPAN! 2 (631) 871-60~ MATT $cLApANI 38.90 43.65 43.65 [oral Current Nonthl~, ~arges TOTAL AH01JNT DUE ' : : * AT&T WIRELESS RPpRECIATE5 DUE UPON RECEIPT Program Director 126.20 Note: m~ Front an~ ~aek. Code Description Amount m Vendor No. $ $ $ $ $ Code Description Check No. / ~O~q~ Date Paid l~.xS~-O~ Amoullt $ $ UNITED POSTAL SE~UiCE ****~ ~ELCOME TO0~**~ SOUTHOLD MP SOUTHOLD, NV 11971-1000 10/18/02 02:30PM Store USPS Trans 78 ~kstn sys5002 Cashier KCYZ9G Cashier's Na~e AMDRE~{ Stock Unit I WINDAN,D, REI~ PO Phone Number USPS ~ 3548330971 3.95 1 Priority Mail Dest ~ nat ion: 14853 1lb 1.30cz Postage T~pe: PVI Total Cost: 3.95 Subtotal ~ota~ 5,00 Cash Change Due Cash 1.05 Number of Items Sold: ] Thank You Please come again[ Loree Gambino From: To: Sent: Subject: Chds Pickerell <cp26@cornell.edu> Loree Gambino <lag25@cornell.edu> Thursday, January 02, 2003 2:13 PM Re: Visa charge ques. from Loree .... Loree, During the Eeigrass Conference (Mexico) I charged 2 International phone calls from Mexico, for $70.18 each (10/07/02 &10/10/02) on Chris Smith's Visa card. These charges should be billed to account 494. Chris Pickerell 1/3/03 FedEx Express Shipment Detail By Payment Type (OriDinal) Invoice Number: 4-474-30616 Invoice Date: Nov 18, 2002 Account Number: 1669-8115-e Page: 4 of 4 Picked up: Nov 07, 2002 Payer: Shipper Reference: NO REFERENCE INFORMATION · Fuel Sumhar~e - FedEx has applied a fuel su*cha~e of 4.00% to this shipment. · Distance Based Pricing, Zone 2 · Packagesentfrom: l1971zipcode TrackinglD 835652350551 Sender Service Type FedEx Priority Overnight STEVE SEHOTT Package Type FedEx Box CORNELL COOPERATIVE EXTENSION Zofle 2 423 GRIFFIN6 AVE STE !00 Packages 1 RIVERHEAD NY 11901-3071 US Weight 5.0 lbs, 2,3 kgs Delivered Nov 08, 2002 10~27 Transportation Cha~e Svc Azea AA, Fuel Surcha~e Signed by J.RATCLIFFE Courier Pickup CharDe FedEx Use 311205520/014881_ Recipient RALPH TINER US FISH & WILDLIFE SERVICE 300 WESTGATE CENTER DRIVE HADLEY MA01035 US Total Transportation Charges USD$ Shipment Detail Subtotal ............................................................................................................. USD $ 2O 0 :4 24 24.1 123411 Jan Society of*Wetland Scientists Wetlands/SWS Bulletin P.O. Box 7060 Lawrence, KS 66044-7060 U.S.A, Phone: (800) 627-0629, (785) 843-1235 Fax: (785) 843-1274 2002 Renewal Notice E-mail: sws @ allenp ress.com Account: 121865 WETL MSMW 12/31/2000 F38 MR. CHRISTOPHER H. PICKERELL 3690 CEDAR BEACH ED. SOUTHOLD NY 11971 Membership DUes Active ............................................... (~50. ln~ [] Student ............................................. g .oo [] Family .............................................. $65.00 LO InsS. m'donal / Corporate ................ $250,00 O Lifet~e ............................................ $600.00 Lifetime Instalhnent (4 payments) .... $150,00 [] Emeritus ......................................... $35.00 Membership Dues: Late Fee (After January 31, 2002) Society Fund Contributions (see reverse) Hudson Seymour-Allen Endowment Fund ~_[ $1.00 U $. PresidentialFounders Endowment Fund ;I $1.00 II $. SWS Awards Fund L] $1.00 ~ $. Student Scholarship Fund :_l $1.00 ~3 $. Total Amount Enclosed (Dues plus contributions) +~oo To qualify for emeritus status you must be 65 years of age or greater and have been a mePnber h~ good standing for at [east 10 years or are 60 years of age and have been a member in good standing for 15 years. >> > > Thanks! >> > > ChrisP >> >> > > .....Original Message ..... > > From: <travel@expedia. eom> > > To: <c 2_~g~comell.edu> > > Sent: Tuesday, October 22, 2002 9:54 AM > > Subject: Expedia. com credit card charge receipt >> >> > > > Here are the details of your credit card charge: > > > Date ofchaxge: 8/29/2002 > > > Charge mount: $14.99 > > > Original itinerator number: 14832905744 > > > Credit card information >>> Card type: Visa > > > Card expiration: Mar 2004 > > > Cardholder name: Emerson Hasbrouck >> Expedia.com PICKERELL/CHRISTOPRER. (PARTY OF e2l PAGE ! OF ! CA-B3'IB~B 29AUG82 TKT-1391~glD~1282-283 PNR: 1P-MJDSQA INV-663192-193 TIL TXT AMOUNT- 1138.46 CHRIS PICKERELL CORNELL MARINE LAB 3698 CEDAR BEACH RD. SOUTHOLD NY 11971 SHIPPING-FiP...NSR PHONE-6Ob72/-/DSff EXPEDIA ITINE~RY NUMDER-148329~S/44 : REMINOER - SCDEDULE CHANGES AND OTUER ITINE~RY UPDATES RILL BE COMMUNICATED VIA EMAIL AND RILL 8E REFLECTED ON LINE IN EXPEDIA THE TICKETS ENCLOSE§ ARE ACCOUNTABLE OOCUMENTS, O0 NOT DISCARD/ DESTROY/ OR EXPOSE TO EXTREME HEAT : 11/1/02 :× edia,com. P[CKERELL/CHRZSTOPHER* PARE! OE~ CA-93"I~ 29AUG,2 IN¥-663192 TKT-1391BO18B1282 PNR: IP-MJO6QA AIR- 816.~B TAX- 53.23 TTL AIR- 869.23 ...... ~ ....... ~- .......... i'M' 4~5 iEPART' NE~ YORK/KENNEDY 8:Z~AM NONSTOP SEAT:AT CK-IN (CLADS-T))m .i 7 · . . Im ~ AEROMEXICO ARRIVE: MEXICO CITY 12.3~pN ~ ~60CT 757 ~ AN 176 DEPART: MEXICO CITY SUNOAY ~ AEROMEXICO ARRIVE: TIJDANA 120CT 757 ~ AH 173 DEPART: TIJDANA SATURDA) ~ AEROMEXICO ARRIVE: MEXICO CITY 120CT 757 ~ AH 4B4 DEPART: MEXICO CITY SATURDA) ~ AEROMEXICO l:5~PN NONSTOP SEAT:AT CK-IN(CLASS-Q) 3: 15pN 9:55AM NONSTOP SEAT:AT CK-IN(CLASS-Q) 5:~)SpN NONSTOP SEAT:AT CK-IN(CLASS~T~ ARRTVE: NEW YO~K/KENNEDY I~:3~pN EXPEOIA ITINERARY NUMBER - 148329B5744 ~ ~"~'J)~'~X~yt~Ul~ PZCKERELL/CHRISTOPHER. PARE INV-663192 TKT-1391B~18~1282 PNR: iP-MJD6QA AIR- 816.~ TAX- 53.23 TTL AIR- 869.23 ........................................................................................................................... PLEASE ~EFER TO )OU~ ON-LINE EXPEOIA.C~ ITINERARY FOR ALL CAR AND HOTEL INFORMATION TMMK TOD FO~ TOU~ BUSINESS :i~ P~EERELL/CHRIS ~ ~*NOT VALID FOR** THIS IS YOUR RECEIPT sni~r ~ 5~1 NY K2~97 " ~eq ~ 0682 UH~N~E C~ ~ ~ u, O0 ~ Thank You ITHACA IIOLIDAY INN 222 SOUTH CAYUGA STREET ITHACA, NY 14850 Phone: (607) 272-1000 Fax: (607) 277-1275 D~t. Dae 08/15/02 CHRISTOPHE SMITH Folio~ 1-1 ~KIFFIN~ AVE Room Raio 129.99 XX Account 2 -CBANK MkUS~ 0 - TKA.N RiVERHEAD NY 11901 PRe 1 CHECKED IN BY: TRB AT 18:40 CHECKED OUT BY: AT 0fl/13 411 158 XXX ?51040 $ .55 $ .00 $ .55 08/13 411 159 XXX 751040 $ .55 $ .00 ~ 1.10 08/13 411 161 XXX ~751040 $ .55 $ .00 $ 1.65 08/13 411 162 X~X ~751040 $ .55 ~ .00 $ 2.20 08/13 411 163 XXX ~751040 $ .55 $ .00 $ 2.75 08/13 411 164 XXX 2751040 $ .55 $ .00 $ 3.30 08/13 411 166 XXX 2?51040 $ .55 $ .00 $ 3.85 08/13 211 1485 ZZ1 ~X'S GRILL $ 23.77 ~ .00 $ 27.62 13 111 0813000 EJC !UEST ROOlt ~ 139.99 $ ,00 $ 167.61 13 811 0813001 SJC .OOM SALES TAX ~ 16.80 $ .00 $ 184.41 08/14 111 0814000 KSM IIEST ROOM $ 129.99 $ .00 $ 314.40 08/14 811 0814001 KSM LOOM SALES TAX $ 15.60 $ .00 $ 330.00 ***TOTAL*** $ 330.00 ^c¢ou~r so. ' '~r~ D^T~ OF C~O~ I.D. xxxxxxxxxxxxxxx~ xx/xx/xx I xxx -- FOLIO NO./CHECK NO. XXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXX XXXKXXXXXXXXXXX, XX XXXXX pUP. CHASE&SERVICES ~ xxxxxxxx, xx c:nI~'MEMB ERS SIGNATURE TOTAL AMOUNT XXXXXXXX · XX Sprague] _: TWO INTERNATIONAL DRIVE, SUITE 200 PORTSMOUTH NH 0380¥6809 ORIGINAL INVOICE 423 GRIFF1NG AVENUE RIVERHEAD NY 11901-3086 RECEIVED SHIP TO: COMMENTS: IJIAF~HEVD HA 4.teoJ-'Jo~e ~'S3 C~IEEIHEI VAE~E COI~I4EI I COObEEI¥~.IA~ 3690 CEDAR BEACH ROAD SOUTHOLD WY 10/22/02 134028 Unleaded Midgrade 89 OCT N 400.00 GL 0.9501 380.04 Invoice# 315224 .Truck: 61 POff ***MUST GO**' ~ ~ ~7~ ~T DELIVERY DELIVERY DA~ ,/?~/[~ '~ · MANiFE~1~ ~[~ ~Y " TRUCK ~ ~ ILOAD ~ [ I DRIWR ' ~: ' UNIT PRICE I ~ ~m~CAT~ON 4E3 G~IFF]flB ~E ~ ~ P~E~ ~; TOTAL '~[nvoioe # eee4959 iDa%e ~Ttme g4:54PH :Seq~en=e# ip~mp Gallons p~ioe :, UH~ R~G iTo~al sale Thank You Fox' ShoPping A~. Hess Fox` g~ues~OnS 0~' l_See-HESS-O~ CORNELL COOPERATIVE EXT 423 GRIFFING AVE STE 100 RIVERHEAD NY 11901-3011 3191 SHIP TO CORNELL COOPERATIvE 3690 CEDAR BEACH SOUTHOLD S-333 PAPERMATE OFFICE 0.99 SEE ANEXPLANATIONOFOURRETURN, PRICING&FREiGHTPOLiCiE$ tSONTHE $ACKOFTHISINVOICE IFYOU IESTIONSABOUTYOUROROERORTHiSiNVOICE, PLEASE WRrJ~ OR CALL Edw~ds S~)6~rts Cemer 1352 East Main Street Riverhead, NY 11901 Invoic Date invoice # 9/25/2002 12 Bill To Comell Coop Extension 423 Griffing Ave Riverhead, NY 11901-3086 Ship To Com¢ll Coop Extension P.O. Number Terms Rep Ship Via F.O.B. Project 75324 Net 15 9/25/2002 Quantity Item Code Description Pdce Each Amount I Master Wader 99.99 99.99T I Sportster Wader 84.99 84.99T 1 Yellowstone Wader 59.99 59,99T 3 Redball Suspender 12.99 38,97T ~ ~ ~ '~ ~,.n', I I I I .<~z Total $2as.94 GEARWOhK & MARINE SUPPLY, INC. 82 Columbus Avenue Riverhead, New York 11901 (631) 369-1140 Fax (631) 369-3181 www.gearwork.emerchantclub,com TO l · INVOICE?~ 5854 [] c*s. [] c.o.o. [] o.^.QE [] .^.D o~ -: i''o--~'' I~'"~ QUANTITY STOCK NO. ITEM DESCRIPTION UNIT PRICE AMOUNT ~!_.~ ,. ____ ~ST~fl S Au~Rr~TIm SI~ATURE mmR REOUmED gY ORDER ~ 'LANNERS BOOKSERVICE Ame~n Planning Association 31~ )6-6344 Fax'~ 2-431-9985 Federal i.D. No. 52-1134021 BILL TO: ~RECTINQUIRIESTO: AMERICAN PLANNING ASSOC, I~Z S MICHIGAN AVE. SUITE 1'60{) CHICAGO, IL 60603-.6i0T REMIT TO: AMERICAN PLANNING ASSOC 1~.2 S MICHIGAN AVE. SUITE 1600 CHICAGO~ IL 60e;O3-e;107' CHRIS F SMITH PlannlnoAssoclatlon, ,.i. RNELL UNIVERSITY 423 GRIFFING AVE · R IVERHEA } NY 11901 RETURN TO: INVOICE NUMBER: O-~TS~O~ INVOICE DATE: 10/08/02 Invoice numbm(s) must be referenced on all payments and correspondence. PAGE: APA C/O KAPLAN DEARBORN 940 ENTERPRISE ST STEIO0 AURORA, IL 60~O4-490~ CHI;~IS F SMITH SHIP CORNELL UNIVERSITY TO: 4Z:3 GRIFFING AVE R~VERHEAD NY 11 '.~£ I CUSTOMER NUMBER: -- 531-5'9 CHK. PACK b~ S/ CREDIT CARD: 999999997~'9999':)999991 ~EXP:29/9 O.F, CTN SHIP VIA - UPS grnd Corn TERMS - Prepaid QTY. DESCRIPTION PRICE ~ DISCOUNT TOTAL ITEM NUMBER~ OROEREB ~ AMOUNT P-AS4--~O - ~ABITAT PROTECTION PLANNING :34.00 0.{~) 34.00 '1-559-,63819-2 ~AIL.S FOR THE Z1ST' CENTURY ZED Z9.95 O.OO 1-884-8295~-2 ~HTS CAMERA COMMUNITY VIDEO 34.00 :~.-8T9--10291-9 /GIS FOR EVERYONE 19.95 THANK YOU FOR YOUR ORDEr{ g I'll pay by: g Mastercard ~ Visa PREPA SOURCE: TELE PAYMENT DEPT: APA Card Number_ Expirstien MUST BE IN . BATCH: TUEO05 U.S. FUNDS ~ SiQnature~ National Ground Water Association Inc I national, , grouncl water Department 481 Columbus, OH 43265 association Phone/Toll free 800 551 7379/614 6987791 Fax/6148987786 Ecderal ID # 31 0961446 Statement 9911017 Cornell Cooperative Extension Attn: Chris Smith 423 Griffin9 Ave Riverhead, NY 11901 (631) 727-7850 311274 Cornell Cooperative Extension Attn: Chris Smith 423 Griffing Ave Riverhead, NY 11901 10/09! 02 Due 1 t926 Wally & Deanna's GW Adventure reference nut invoice number with ~emittance [ia U S. Funds DO NO~, send payment if balance due is $0.00 ~ 5 0 6.25 3i;2 31.25 $ 0.00 $ 7.00 $ _ 38.25 $ $ 0,00 RADIOSMACK 01-2723 Harrows Shop Cntr 1081 01d Country Rd Riverheed,,N¥ (631) Order: ~1~087 09/26/2002 PLANTRONIS 14120 1' N 24.99 CASE KVOC 2135 1 ~N 29,~99 Subtotal 54.9~ Tax B.5OO0~ 0.00 Total 54.98 Comm Charge' 54.98 Change ~Je 0.OO Comwercia) Charge Address: CORNELL COOPERATIVE, EXTD)SION 423 ~IFFING AVE. RI~RHEAD, NV 11~1 (6~1) 727-7950 Note= Refer to attached invoice Invoice~ .-316087 Account#OOOO311~OOOOOO P.O.# 75323 Remit to: kcc0~ts Receivable P.O~ Box 28139S Atlants, GA 30384-1395 Tax Exempt~ 10~07 // / ///z/ Ssles a~ re~r~ ir~j~t to t~term~l ce~iti~s id~ f~d 0n~e ~TENSION C~NELL C~PERATIVE FOR ~P)~G AT RsdioShack Corporation htt~://www.RadieShsck.coa You've Got Time. ~e've Got Openings- RadioShack is now hirimg Full & Part-time. Ask your sales associate for details- 09/0412002 FEDEX GR 2761096-687500 2761096-687500 IOMEGA 3820 MICRO DRIVE MILLINGTONTN 38053 LORNE BROUSSEAU COP. NELL COOPERATIVE 3690 CEDAR BEACH RD SOUTHOLD NY 11971 Line PO Qty ~ 020 2 I I 32391 021 1 I 1 40000 HDD 3.$" 40GB EXT USB AM EXTERN AL HARD DRIVE ACCS CPU: NMS UPC: 0742709323911 MFG PART: 32391 CARTON #s: 00001 SHIPPING AND HANDLING (UPS) ACCS CPU: NMS UPC: 0742709400001 MFG PART: 40000 PLEASE SEND RETURNS TO: IOMEGA 8235HIGHWAY 51 NORTH MILUNGTON, TN38053 CARTON NUMBERS SHIPPED: ITotal Quantity Shipped: 1 Total Cartons Shipped: I Trk Nbrs: 038055714337426 PR(313t If~Tg ARF RFC~I II ATFD BY THE U.S.DEPT.OF COMMERCE OFFICE OF EXPORT ADMIN. AND ARE SUBJECT TO EXPORT CONTROL REGULATIONS. ll/18/~BD2 12:~7 Comne 1 1 '6317654759 Cooperative Ext. 6318528662 P-2 KEEp T~'II'S SLIP FOR REFER£~CE GEARWORK & MARINE SUPPLY, INC. 82 Columbus Avenue Riverhead, New York 11901 (631) 369-1140 ~ Fax (631) 369-3181 www.gearwork.emerchantclub.com INVOICE 62~8 [] o^s. [] c.o.D. ] MERCHANDISE RETURN QUANTITY STOCK NO. ITEM DESCRIPTION UNIT PRICE AMOUNT I INVOICE ~EARWORK .& MARINE SUPPLY, INC. 82 Columbus Avenue Riverhead, New York 11901 (6311 a69-114o ~ 6207 Fax (631) 369-3181 www.gearwork.emerchantclub.com [] cas. [] c.o.o. ]MERCHANDISE RETURN QUANTITY STOCK NO. ITEM DESCRIPTION UNIT PRICE- AMOUNT , Invoic~ ~:9337 Of¥ il'E~tPE[~E TOTAL 1 ~'~:~ 0.45 0,45 Sub Total 57.8B Tax 8,50% O,OO Fire! :otai $5%88 Port: Su,-¢p!¥ 6harge ;57,,98 ggRNELL D-tOF'ER~T IL~E uUS,.Ol~8~ blg~l n i~fo for ratLYris; ** acco~panied C~sto~is[ ~op~ $ 0 36 P35GA ~USHI P~N~IL 5MM,WZBLACK BRRL BLACK P ~.OEA 1.990 11.94 36 4600<9 LEATHER CALCULATOR PAD HOLDER BLACK P 1.0EA 29.990 29;99 12 S-7-40137 FILE FOLDER.LTR SIZE,I/3-CUT MNILA ? 1.0BX~ 4.290 4.29 T NAS A PLEASURE TALKING NITH YOU. THANKS FOR YOUR ORDER. ~*~UILL APP~CIATES YOUR CO~I~D BUSI~, ~.~ PLEASE WRITE OR CALL ). BOX 940081 IL 600944(381 LACE AN 'X' BELOW i CUSTQMER'S ORDER NO. ' QUANTI~ DESCRI~ION PRICE 3 - 0 SOUTHOLD MARINE CENTER, INC. Main Road P.O. Box ~.664 SOUTHOLD, NEW YORK [ ~.97! (631) 765-:~131 Tax ID. #11-2832454 Boat Dearer #7057537DLB R .2735' PRODUCT S~O All claims andretUm800-225-6380'' ~Reorder:°°dS or- nebs.corn must be accompanied by this bill. iomega' TF~NK YOU FOR ORDER3~NG A QUALITY IOMEGA PRODUCT. IOMEGA 3820 MICRO DRIVE MILLINGTONTN 38053 12_/12/2002 FEDEX GR 2810959-749914 2810959-749914 Line PO Qty Q.tl/ Nbr L ne Order Sh~p [ SKU # 020 2 1 I 32391 021 I I 1 4oooo LORNE BROUSS~AU COR/qELL COOPERATIVE EXTENSION 3690 CEDAR BEACH RD SOUT'6OLD NY 11971 Description HDD 3.5" 48GB EXT USB AM EXTERN AL HARD DRIVE ACCS CPU: NMS UPC: 0742709323911 MFG PART: 32391 CARTON #s 00001 SHIPPING AND HANDLING (UPS) ACCS CPU: NMS UPC: 0742709400001 MFG PART: 40000 PLEASE SEND RETURNS TO: IOMEGA 8235 HIGHWAY 51 NORTH MILLINGTON, TN 38053 CARTON NUMBERS SHIPPED: ITotal Quantity Shipped: 1 Total Cartons Shipped: t Trk Nbrs: 038055717864714 PRODUCTS ARE REGULATED BY THE U.S.DEPT.OF COMNIERCE OFFICE Of AND ARE SUBJECT TO EXPORT CONTROL REGULATIONS. Feb 13 03 O~:O~p Cornell Coopermtive E×t;. ~318528~2 F[~,.13,~O0~ '):5lPg' lALLU MANAGEMENT NO, 559 SOCIETYj~r HISTORICAL ARCHAEOLOGY Membership Dues Receipt Chris Piokerell 3690 Cedar Beach Kosd Southold, NY 11971 USA ID# 02PIC64491D 2002 Society for Historical Archaeology M~rabe~sllip Dues* Resular Member Membership Dues Amount $95.00 Total Payment $95.00 *Have not received 2003 dues as of today, Thank you! 6318528662 PAGE.02 Society for Ecological Restoration 1955 W. Grant Rd., #150, Tucson AZ 85745 RECEIPT: SER 2002 SER Membership 2/11/03 RE: SER Membership & Subscription TO: Chris Pick~rell Comell Coop Ent Suffolk Cty 3690 Cedar Beach Rd. Southold, NY 11971 FOR: Membership/Subscriptions (Jan 1 - Dee. 3 i, 2002) Individual category Restoration Ecology journal Ecological Restoration journal Total paid: $115.00 US Paid in full - credit card Jane B. Cripps Membership Coordinator Invoice Alberts6n Marine 61500 Main Road P.O. Box 937 Southold, NY 11971 Date Invoice # 8/31/2002 1422 Bill To Comell Cooperative Extension - Suffolk County 1246 Griffing Avenue i Riverhead, NY 11904-3086 Quantity P.O. Number R019941 Description Labor/Repairs 3 Hrs; * Please see pink copy for more detail. Materials Shop Supplies/Environmental Charges Sales Tax i lgCEIVED Terms 30 days net Project Total Rate 216.00 19.95 4.50 8.50% Amount 216.00 19.95 ~ WHOLESALE TO THE PUBLIC 330 Flanders Road (Rt. 24} · Riverhead, NY 11901 f?hor~ (631) 727-6230 ' FAX: (631) 727-6356 Quantity Descripl~°,n I Unit price Amount · Any trailers left over 30 days will be charged a fee of SUB TOTAL $30.00 per day. TAX · Deposits on trailers or special orders are non-refundable. //7..~ · All trailer sales are final uoae uescnptlon Amount Vendor No. $ [or Check No. Date Paid $ $ Total $ Suffolk County Extension Educaaon Center 423 Griffing Avenue, Suite Riverhead, NY 1190I Tel: 631 727-7850 Fax: 631 727-7130 E-mail: suffolk~tomell.edu www. cce.comell.edu/suffolk Cooperative Extension December31,2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Boat Time for the period ended 01/01/02 - 12/31/02 12 days ~ $250/day $3,000.00 Building Strong and Vibrant New York Communities ........ on a~sociat~ons, county gover~ng bodies, and U.S. Department of Ag~culture, cooperating. Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Tel: 631 727-7850 Fax: 631 727-7130 E-mail: suffolk~comell.edu wl,~w.cce.comell.edu/suffolk Cooperative Extension December 31, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Administrative fee for the period ended 12/31/02 $4,316.12 Building Strong and Vibrant New York Communities Town of Southold, New York - Standard Voucher · PAY'~O' Cornetl Cooparative Extension Payee Tax ldcnth~cation Number ~Pa~eName: of Suffolk County orSodalS~cu~tyNumbetr 11-6081424 Address: 423 Griffing Avenue Payee Refcrence G-494 Riverhead, NY 11901 PhoneNo.( 631 ) 727-7850 lnvoiccNumber 404 Invoice Date 3/31/03 VendorConmct Voucher: Cathy Berkhan ~J ........ J-o SmiLh Purchase Order Number P.O. Date Cash Discount ek Number Description of Materials / S~rviees Quantity Unit Pdce Amount 1 Personnel Services 13,668.65 2 Equipment & Supplies '1,619, 43 3 Administrative Fee 2,641.24 -V'b$ / CC~ /woo/ · ~f Total 17,749.32 Net 17,749.32 · . Payee Certification $ignature~ Title Executive Director Da~d~ I ' . ' . Depa,:haent Certification VENDOR 003592 CORNELL COOPERATIVE EXTENSION. 01/06/2004 CHECK 74682 ~TT~TT~ ~ ~T~TT Pi 0 , ~ T'i~TOT C'R DESC~IPTIO~ ~4OUNT H4 .8540.2.100.100 262 H4 .8540.2.100.100 308 H4 -8540.2.100.100 362 H4 .8540.2.100.100 404 H4 -8540.2.100.100 442 H4 .8540.2.100.100 512 WATERFRONT REVITAL- 3,332.69 WATERFRONT REVITAL 17,556.154 WATERFRONT REVITAL 31,125.864 WATERFRONT REVITAL 17,749.32M WATERFRONT REVITAL 13,635.37~ WATERFRONT REVITAL 32,871.22~ TOTAL 116,270.61 DOCUMENTATION FORMS RECIPIENT Cornell Cooperative Extension Suffolk County CONTRACT # REPORTING PERIOD ENDING DATE: 03/31/03 1. BUDGET EXPENDITURE DATA Current Budget Amotmt (~) A. Persotmel Services B. Fringe Benefits C. Travel D. Supplies and Materials E. Equipment F. Contractual Services G. Other TOTAL Cumulative Expenditures Expenditures Available Documented Doc-mnented Balance to this Report to Date Document (2) (3) (1-3) 103,200 13,668.65 47,237.84 13,500 0.00 3,000.00 12,500 1,619.43 12,483.20 20,800 2,461.24 10,097.50 150,000 $17,749.32 72,818.54 55,962.16 10,500.00 16.80 10,702.50 77,181.46 II. CERTIFICATION I certi~ that: 1) the above claim as detailed on attached Forms 2 through 4 is just, true and correct; that the amount claimed accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties tu the above-referenced Ag~ement, that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accuratly represents project accomplishments; 5) documented expenditures have been made solely for the purpose of the "Project" as described in Exhbit B of the above-referenced Agreement; and 6) I am ~tative authorized to certify this daim~ Thomas B. Williams Original Signature Name Executive Director Title FORM 2 -Expenditure Detail for this Payment Request. Be descriptive and specific. A. PERSONAL SERVICE REQUEST TITLE 1. Brousseau, Lorne - Senior Investigat~or~ 2. Abramson, Mark - Technician 3. Matovcik, Ronnie - S_ujLp~-_t~ .................... PAY PERIODS FROM - TO .-0-31.0!/~03 -: _ _0_3.l_0_3/_0~__ _Q 1 ~01_/0__3_ ~- . Q.~_I_O_ lJ~3_ _ -_.___03 /3 10. 11. B. FRINGE BENEFIT BREAKDOWN SUBTOTAL AMOLrNT CtlARGED TO THIS PROIECT ._ ~028. oo _..2~Oo. o0_ ............. $ 13,668.65 C. TRAVEL Subtotal D. SUPPLIES/MATERIALS A T & T Wireless 62.40 A T & T Wireless 57.56 Berger Bros 489.00 Abramson/RadioShack 13.99 Quill 608.72 Quill 154.55 Quill 87.29 Quill 19.99 Quill 69.98 Dell 55.95 NOAA National Data Ctr 30.00 Iomega (30.00) E. EQUll~MENT Subtotal $ 1,619.43 F. COb~FRACTUAL SERVICES Nam~ AmoLlllt Service Provided Subtotal $ Administrative Fee 01/01/03 - 03/31/03 2,461.24 Town of Southold Waterfront Revitalization G-494 3/31/2003 I ICumulativel 3131/2003 ~ Balance Salaries Proj M~r & 4 Senior Investigators 85,700 9,140.65 23,929.64 33,070.29 52,629.71 Technician t5,000 2,028.00 9,639.55 11,667.55 3,332.45 Support Staff 2,500 2,500.00 0.00 2,500.00 0.00 Total Salaries 103,200 13,668.66 I 33,669.19 47,237.84 65,962.16 Equipment & Supplies 12,500 1,619.43 10,863.77 12,483.20 16.80 Travel Milea~le 7,250 0.00 0.00 7,250.00 Boat Time 6,250 3,000.00 3,000.00 3,250.00 Sub Total 129,200 i 15,288.08 47,432.96 62,721.04 66,478.96 Administrative Fees 20,800 i 2,461.24 7,636.26 10,097.50 10,702.50 Total 160,000 17,749.32 55,069.22 72,818.54 77,181.46 Cooperative Extension Suffolk County F~xtension Educa~on Center 423 Grfffing Avenue, Suite 100 Riverhead, NY 11901-3071 Tel: 631 72%7850 Fax: 631 727-7130 E-mail: suffolk@comell.edu www. cce.cornell.edu/suffolk Invoice March 3 1, 2003 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs See Attached Progress Report for Details Expenditures for the period 0 I/01 - 03/31/03: Salaries Project Manager & Senior Investigators Technicians Support Staff Equipment & Supplies Travel Mileage Boat Time Administrative Fee 2,461.24 Total $17, 749.32 9,140.65 2,028.00 2,500.00 1,619.43 Building Strong and Vibrant New York Communities Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Tel: 631 727-7850 Fax: 631 727-7130 E-mail: su ffolk~cornell.edu www. cce.cornell.edu/su ffolk March 31, 2003 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Salary Expenditures for the period ended 01/01 - 03/31/03 Brousseau, Lome Abramson, Mark Matovcik, Ronnie Senior Investigator $9,140.85 Technician 2,028.00 Support 2,500.00 Total $13,668.65 Building Strong and Vibrant New York Communities · Xlej. eS D^!JJV ',~llnJ. aJeD tied · Xlejes fiu!^!jp LuoJJ no,~ ].)eJ~,s!p lie) auoqd e ]~aI ),,uop ].nq 'ta^e~]. no,~ uaq,v, qano~, u! Xels o]. ,9,!l!q!xaU. pue ~uopaaJj. aq]. noX sa^iff euoqd SSelaJ!M moa · {).a~teS SSalaJ!M 6u!^!JO uJoD'sSalaJ!Ml~e l!s!^ Jo dn uB!s o), auoqd SSalaJ!AA JllOX UO L [9 le!a 'a:)ue),s!ssv ~Ja).:te8 pue lanJ 'lno>(~ol 'aJ!/ '6U!AAOI sapnpu! a~ue)~s!ssv ap!speo~l )~s!ssval!qOlAJ ssalaJ!AA u]/27/03 - -~,.. ACcount Number 212151617 AT&T Wireless Informacion importante para nuestros clientes de habJa hispana Important information for our Spanish-speaking customers Sabias que tamb/en ofrecemos servicio al cliente en tu dioma7 Marca 611 desde tu telefono inalambrico, o I 800 888-7600 desde cualquier telefono y oprime el 2. Translation: Did you know that we also Offer customer service in your language? Dia~ 611 from your wire~ess phone or I 800 888-7600 from any phone and press option 2. DETAIL OF PAYMENTS 1/20/03 PAYMENT RECEIVED _ THANK YOU! TOTAL OF PAYNENTS RECEIVED THROUGH 1/27/03 DETAIL OF ADJUSTMENTS 68.70CR 68.70CR 2~2151617 NATIONAL ACCOUNT DISCOUNT TOTAL OF ADJUSTMENTS 4.77CR (631) 871-1250 LORNE 8ROUSSEAU (631) 871-6082 MATT SCLAPANI 2 (631} 871-6083 MATT SCLAPANI GROSS RECEIPTS SURCHARGE TOTAL CURRENT MONTHLy CHARGES 64.06 </33.46.- ~,~. ~_~,~ ',58.17- .21CR 155.48 Account Name Date of Invoice Page SUFFOLK'COUnTY '.. 0'2/27/03 3 Account Number 212151617 A'r~T Wireless International Text Messaging. Only from AT&T Wireless. Coming Soonl Your compatible wireless phone wilt make it easy to stay in touch with friends and family in other countries -- whether you're in your local calling area, or traveling abroad. All you'll need is an international wireless phone number and youql be able to send a text message from the U.S. for just $0.25. Incoming messages are free. Visit attwireless.corn/text for a complete list of international availability and rates when traveling abroad and included countries. When you can text with the people you care about, even when they're far away, that's rnLife. Your mobile life made better. DETAIL OF PAYMENTS 2/16/03 PAYMENT RECEIVED - THANK YOU! 150.71CR TOTAL OF PAYMENTS RECEIVED THROUGH 2/27/03 150.71CR DETAIL OF ADJUSTMENTS 212151617 NATIONAL ACCOUNT DISCOUNT 9.46CR TOTAL OF AOgUSTNENTS g.46CR (631) 871-1250 LORNE BROUSSEAU -~.'~q~ (631) 871-6082 MAlT SCLAPANI 2 (631) 871-6083 MATT SCLAPANI GROSS RECEIPTS SURCHARGE TOTAL CURRENT RONTHLY CHARGES 6o.86 O~q~ 32.93 -.~ , 32.93 / ~/ · 42CR Cameras. T~[¢$¢opcs. BinoCulars · Video ~quipm¢~t. Satellite TV · CCT~ Security SysLcm$ * ^.¥. Equipm¢~L. Darkroom $~pplics ~ ~{~ 209 BROADWAY (ROUTE 110). AMITYVILLI~, N.Y. 11701 '~,,*~i~' (631) 264-4160 · FAX (631) 264-1007 www. berger bros.com I_ n,,,,o, e e No, F,, OF SUFFOLK COUN1 Y ' ~- .J~.~ OF SUFFOLK COLINT'¢ 4~3 GRZFFTNG ~VENUE 369~ CEDAR 8EACH RD. RIVERHEAO, NY 11190~ i SOUTHOLO, NY 1197L CU:~IL: 5, ~4547850 Ship daL':e 12/30/02 ShJ. p S~.leeman S'Eeve S.PO No. 76436 Terms Net OuanbiEy Uiq;~E Zt. em Number Oescr~pLion PrZce Un~t; Exbens;ion ~6¢ EACH MAXTC¢ MAXELL [ -60 BULK TAPE 1.69 EACH F 120 EACH VUSLE_VE SLEEVE- FOR VIDEO TAPE .25 EACH EACH PANAYOVM60EJ PANASONZC AYOVMCOEO MINI 4.50 EACH 270°00 OV ~OMZN EACH FREZBHT SHZPPZNB,H~HOLINB,~NSURAN 20.0~ EACH 20~0® 489 .00 FED lO No, 11-2038120 SEE REVERSE SIDE FOR STORE POLICIES "' Cornell Cooperative Extension - Suffolk County EXPENSE REIMBURSMENT CLAIM (See instructions on reverse) Name_~. ~~.~ Address: '~ b %~ ~ ~ ~O~, Obiects of Expend~ures & Subsistence Project Rm. & to be Pa~iculam of Items Trans~on Break- Lunch Dinner Board (itemize in De~il) Fare~olls f~ Misc ~ Ch~ged Subto~l: I ~ // Total: ce"'~ that~he forgoing represents ~~/~coun, of my expenses. s /~ Date: -- ./ 2ADIOSHACK 01-2737 Mettituck Mall Po Box 44 Nattituck, NV 11952-0044 (631) 298-9241 Order: 26~)~) 01/02/2003 11:36A 337 KMC 2600117 6' 232 CABL 9M-gF ] 13.99 Subtotal ~ Tax B.SOOO% Total 15.18 Cash 15.28 Change Due 0.10 Your name, address and the original salem receipt are required for all refunds. Sales sno returns are subject to the terms and conditions identified on the back. THANK YOU FOR SHOPPING AT RADIOSHACK ~adimShaek Corporation http;//wwm.~adioShack.com You've Got Time. We've Got Openings. RadioSh=ck is now hiring Full & P=rt-ti~e. fo~ details. TIN SHIP TO 3652 s CORNELL COOPERATIVE EXT cORNELL CO~P 0 423 GR~FFING AVE STE lOO !~0 LITTLE NE RIVERHEAO NY 1190i-30~ 0 CUSTOMER ORDER NO. QU~L ORDER NO. DATE SH~ED 80066 D 1616957 01/27/0: 02/04/03 YELLON STOCKNUMBER DESCRIPTION Tailgate delivery an¢ shipping charges verified. 37 2600 DESK, EXECUTIVE 30" X 60!' CHERY F 1.OEA~.:26q 37 2605 LATERAL FILE 1. 37 2604 REVERSIBLE RETURN T HAS A PLEASURE TALKING HITH YOU. FOR YOUR RDER. NEXT TO PRICE tNB - IEXPLANATIONOFOURRETURN, PRICING&FREIGHTPOLIClES ISONTHE BACK OF THIS INVOICE. IFYOUHAVEQUESTIONSABOUTYOURORDERORTH[SINVOICE. PLEASEWRITEORCALL THE REVERSE S~DE {DF THIS ADVICE CAN BE PLADED s CORNELL~COOPE CORNELL COOPERATIVE EXT s 423 [ 180 LITTL~ NECK RD · RIVEF cENTERPO~ NY ii721 Customer is ti es. 37 BLACK F 1.0EA* 139.q90 139.gg T NAS A PLEASURE TALKING NITH y~,~,~A~FOR YOUR ORDER ,NEXT TO PRICE~ICATES SPEC ~:~HJ~N' EFFECT~S~ ¥0~~- i ~SAVE EVEN MORE. */~,A ~ . '*~ . EXPLANATION OF OUR RETURN, PRICING & FRErGHT POLICIES IS ON THE SACK OF THIS INVOICE. iF YOU HAVE QUESTIONS ABOUT YOUR ORDER OR THIS tNVOICE, PLEASE WRITE OR CALL SELOW THER 5 STOCI )37 i3529 300 ~7 o2o33 )~7 9q5qb ~.~ 9597 ~37 22351 ~,3~ FgH71g~ ~7 3~o~C AN EXPLANATION OF OUR RETURN, PRICING & FREIGHT POUCIES IS ON THE BACK OF TH[S INVOICE. IF YOU HAVE QUESTIONS ABOUT YOUR ORDER OR THIS INVOICE, PLF~SE WRITE OR CALL CUSTOMER SERVICE 1-800.789-8965 SEE REVERSE FOR LOCATION INFORMATION TIN 36'2952904 SHIP TO S CORNELL COOPERATIVE EXT COR O L ~ 423 :GR!FFING AVE STE 100 180 T RIVERHEADNY 11g01-3011 C O S LAMP ~EXT T0 SPECIAL SALE ****************************************************************** EXPLANATION OF OUR RETURN, PRICING & FREIGHT POLICIES IS ON THE SACK OF THIS INVOICE IF YOU HAVE QUESTIONS ABOUT YOUR ORDER OR THIS iNVOICE, pLEASE WRITE OR CALL THE REVERSE ~ ~THIS ADVICE CAN ! CUSTOMER SERVICE 1~00-789-8965 SEE REVERSE FOR LOCATION INFORMATION TIN 36-2952904 SHIP TO 3653 s CORNELL COOPERATIVE EXT 0 423 GRIFFING AVE STE 100 RIVERHEAD NY 11901-3011 CORNELI 3690 CEDAR $OU~HO~D QUILL ORDER NO STOCK NUMBER COLOR 83 505076 CD-R EXTRA 700NB, 80HIN P 37 85332 b4-£D HALLET BLACK P 37 Cbb57AN INKJET CTG F/HP PHOTOSMART 100 TRICL P T HAS A NEXT TO PRICE INDICATES SPECIAL SALE NON IN EEFE SAVE 990 25.98~ MOREl ~*~v~ You szzN ~*OF NEW PRoDuc~$ LOW * MDSE TOTAt I~ '~ EXPLANAT ON OF OUR RETURN, PRICING & FREIGHT POLICIES IS ON THE BACK OF THIS INVOICE Il- YOU HAVE QUESTIONS ABOUT YOUR ORDER OR THIS INVOICE, PLEASE WRITE OR CALL ooooo0~ THE REVER~E ~ Q~ ~Hi$ Abv CE;mN BE PLACED N ATM NDOW ENCt~t F0~ REM TT~CE Sales Rep: PATRICK TUTTLE For Sales: (800)274-7799 Sales Fax: (800)365-5329 For Customer Service: (800)274-7799 For Technical Support: (800)234-1490 This 19 your INVOICE Customer Number: 023998190 Pumhase Order: 80349 Order Number: 237137782 Order Date: 02/07/03 25 01 O 01 01 N Page: I or 1 Invoice Number: J237137782 Invoice Date: 02/07/03 Payment Terms: NET DUE 30 DAYS Shipped Via: LTL 5 DAY OR LESS Waybill Number: 1836810371715992 SOLD TO: #BWNHKPV #.0239 S81905~00004189 1 MB 0.30901 ACCOUNTS PAYABLE CORNELL COOP EXTENSION SUFFOLK COUNTY 423 GRIFFINQ AVE RIVERHEAD NY 11901-3071 h,,Ih,,llhh,lh..,,Ih,lhlh.h,,h,,llhh,hh,hh,I SHiP TO: CORNELL COOP EXTENSION SUFFOLK COUNTY 423 QRIFFiNG AVE STE 100 RIVERHEAD, NY 11901 PLEASE REVIEW iMPORTANT TERMS & CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE ter Shipped Item Number Description Unit Unit Price Amount 1 I 284512 USB2connect 5100 6-port USB 2. 0 Card Kit SN#SBCOB30320BK EA 55.95 55.95 ~E KEEP OR (3 NAL BOX FOe ALL RETURNS. COMPREHENSIVE ONLINE CUSTOIVIER CARE !MATION AND ~sISTANCE IS A CLICK AWAY AT WWVV.DE LL.COM/PUSLIC-ECARE TO 'ER A VARIETY OF QUESTIONS REGARDING YOUR DELL ORDER. IShip. &/or Handlln!~i o.oo ~ubtotal 0.00 55.95 Taxable: 0.00 nvo ce Total $ 55.95 MAKE CHECK PAYABLE/REMIT TO; DETACH AT PERF AND R EaPJRN WITH PAYMENT DELL MARKETING L.P. C/O DELL USA L.P. BOX 371964 PITTSBURGH,PA 15250-7964 hl,ht.hltl,hll..h.tlhl,,,Ih,,I,,hlh,.I,,ll Invoice Number; 237137782 Customer Number; 023998190 Purchase Order: 80349 Order Number: 237137782 Shic. &/or Hapdlinq ~ 0.00 Subtotal $ 55.95 Taxable: Tay; $ o.oo $ o,oo Invoice Total $ 55.95 $ $ $ Balance Due $ 55.95 Amt. Enclosed $ Rev 9/2002) 00023713778200000000055952500239981908 NOAA National Data Centers U. S. Department. of Commerce National Oceanic and Atmospheric Administration National Environmental Satellite, Data and Information Service National Climatic Data Center (828) 271-4800 htto://wwwnndc.noaa.gov ~ational Geophysica Data Center (303~497-6826 National Oceanographic Data Center (301) 713-3277 TRANSMITTAL NO PAYMENT DUE - PAID IN FULL ORDER # 165005 ORDERED BY Mark J. Abramson Cornell Cooperative Extension (631) 852-8660 PRINTED MAIL TYPE/MAIL ACCT FIRST CLASS 1/02/2003 10:07:34AM: PAGE INVOICE DATE 1/02/2003 i of 2 ONLINE Bill to: # 154012 Mark J. Abramson Comell Cgoperative Extension 423 Griffing Ave Suite 100 Riverhead, NY l 1971-0000 Reference: Ship to: Mark J. Abramson Comell Cooperative Extension 3690 Cedar Beach Road Suite 1 O0 Southold, NY 11971-0000 REMARKS For technical questions regarding the CD-ROM, please contact Dr. David Divins, Ph: 303-497-6505, email: David. L.Divins~noaa.gow MEDIA ITEM # B/O DESCRIPTION Coastal Relief Model, East Coast, Vol 1, CD ROM QTY AMOUNT I $ 25.00 The NOAA National Data Centers (NNDC) guarantee their digital data to be readable and in the requested .format. This guarantee applies for 60 days from the date of the Transmittal. Should the data fail to satisfy this guarantee, the original purchaser may return the data and they will be replaced at no additional charge. This order has been paid in full with VISA. Please contact the NOAA National Data Centers if we can be of further service. Thank you for your order! ./ IL TRANSMITTAL ~ NO PAYMENT DUE - PAID IN FULL ORDER# 165005 ORDERED BY Mark J. Abramson Comell Cooperative Extension (631) 852-8660 PRINTED 1/02/2003 10:07:34AM MAIL TYPE/MAIL ACCT FIRST CLASS PAGE INVOICE DATE 1/02/2003 2 of 2 ONLINE Reference: ITEM # B/O DESCRIPTION L$30,00-----VISA MEDIA QTY AMOUNT SUBTOTAL DISCOUNT APPLIED RUSH CHARGE MAIL HANDLING FOREIGN SURCHARGI~ TOTAL LESS PREPAID $25,00 -0.00 0.00 0.00 5.00 0.00 30.00 30.00 NO PAYMENT DUE - PAID IN FULL For questions about this order, please contact: National Climatic Data Center (828) 271-4800 phone (828) 271-4876 fax ncdc.orders~noaa.gov AMOUNT oWED .00 Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Tel: 631 727-7850 Fax: 631 72%7130 E-mail: suffolk@comell.edu www. cce.cornell.edu/$uffolk Cooperative Extension March 31, 2003 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Administrative fee for the period ended 03/31/03 $2,461.24 Building Strong and l, qbrant New York Communities · Town of Southold, New York - S ard Voucher PAY TO: Cornell Cooperative Extension Payee ~ l~tffication Number PayeeName: of Suffolk County orSoc r, Numbe~ 11-6081424 Address: 423 Griffing Avenue Payee~ ~ce G-494 Riverhe~d, NY 11901 Phone No '(~31 ) 727-7850 Invoice Number 262 lnvoiceDate 6/30/02 Vendor Contact Voucher: Cathy Berkhan >urchase Order Number P.O. Date Cash DiscounL % · Item Number D~cdptlon of Materials / Services Quantity Unk · l:'fie~ Amount 1 Personnel Services 2,555.89 2 Equipment & Supplies 314.67 3 Other - Administrative 462.13 /woo/ · Toml TOs-CCE-#1-2002 ' ' 3,332.69 i · Net ' 3~332.69 Payee Certfficafion The undem..g~d. (CIM~I~a~ (Acang on b~aff of ~ ~ - --w - , .............. mean s~ m acm~y due ~d owing. Si~~ ~e'Executive Director Da~ 9/13/02 VENDOR 003592 CORNELL COOPERATIVE EXTENSION. 01/06/2004 CHECK 74682 H4 -8540.2.100.100 H4 .8540.2.100.100 H4 .8540.2.100.100 H4 .8540.2.100.100 H4 .8540.2.100.100 H4 .8540.2.100.100 P. ©. # TN~?©TCE DR~qCR. IPTIO~q AMOUIqT ~ 262 308 362 404 442 512 WATERFRONT REVITAL- 3,332.69 WATERFRONT REVITAL 17,556.15ff WATERFRONT REVITAL 31,125.86~ WATERFRONT REVITAL 17,749.32~ WATERFRONT REVITAL 13,635.37M WATERFRONT REVITAL 32,871.22~ TOTAL 116,270.61 DOCUMENTATION FORMS RECIPIENT Cornell Cooperative Extension Suffolk County CONTRACT # REPORTING PERIOD ENDING DATE: 06/30/02 1. BUDGET EXPENDITURE DATA Cumulative Current Expenditures Expenditures Available Budget Doctanented Documented Balance to Amount this Report to Date Document (1) (2) (3) (1-3) A. Personnel Services 103,200 2,555.89 5,186.85 98, 013.15 B. Fringe Benefits C. Travel 13,500 0.00 0.00 13,500.00 D. Supplies and Materials 12,500 314.67 314.67 12,185.33 E. Equipment F. Contractual Services G. Other 20,800 462.13 885.69 19,914.31 TOTAL 150,000 3,332.69 6,387.21 143,612.79 II. CERTIFICATION [ certify that: 1) the above claim as detailed on attached Forms 2 through 4 is just, true and correct; that the amount claimed accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties to the above-referanced Agreement, that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accuratly represents project accomplishments; 5) documented expenditures have been made solely for the purpose of the "Project" as described in Exhbit B of the above-referenced Agreement; and 6) I am the responsible representative authorized to certify this claim. Thomas B. Williams Original Signature Name Executive Director Title FORM 2 -Expenditure Detail for this Payment Request. Be descriptive and specific. A..PERSONAL SERVICE REQUEST T_LITLE 1. Emerson Hasbrouck~_$en.ior Invest~atoc 10. 11. PAY PERIODS FROM - 3'0 4/1/02 - 6/30/02 AMOUNT CtlARGED TO THLS PROJECT 2,555.89 B. F..RINGE BENEFIT BREAKDOWN SUBTOTAl, $ 2,555.89 Subtotal $ D. SUPPLIES/MATERIALS West Marine Sound View Scuba $ 74.67 240.00 E. EQU1YOMENT Subtotal $ 314.67 CONTRACTUAL SERVICES Name Amolmt Service Prov/ded O.C)LER -,. VOLI[[NTEI~R SERVICES Subtotal Administrative Fee $462.13 PROJECT NARRATIVE DETAILING PROJECT ACCOMPLISH~iENT,~ See attached progress report. Town of Southold Waterfront Revitalization G-494 Expenses Prior Cumulative Budget Budget 6~30~2002 Cumulative 6130/2002 Balance Salaries Proj M~r & 4 Senior Investigators 85,700 2,555.89 2,630.96 5,186.85 80,513.15 Technician 15,000 0.00 0.00 15,000.00 Support Staff 2,500 0.00 0.00 2,500.00 Total Salaries 103,200 2,555.89 2,630.96 5,186.85 98,013.15 Equipment & Supplies 12,500 314.67 0.00 314.67 12,185.33 Travel Milea~]e 7,250 0.00 0.00 7,250.00 Boat Time 6,250 0.00 0.00 6,250.00 Sub Total 129,200 2,870.56 2,630.96 5,501.52 123,698.48 Administrative Fees 20,800 462.13 423.56 885.69 19,914.31 Total 150,000 3,332.69 3,054.52 6,387.21 143,612.79 Cooperative Extension Suffolk County Extension Education Center 423 Grilling Avenue, Suite 100 Riverhead, NY 11901 Tel: 631 727-7850 Fax: 631 727.7130 E-mail: suffolk@comell.edu www. cce.comell.edu/suffolk Invoice Jtlne 30, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Sonthold, NY 11971 RE: gt'aterfront Revitalization Programs Expenditures for the period ended 06/30/02: Salaries Project Manager & Senior Investigators Technician Support Staff Equipment & Supplies Travel Mileage Boat Time Administrative Fee Total 2,555.89 314.67 0 0 462,13 $3,332.69 Building Strone and Vibrant New York Communities PP Ended PP Ended PP Ended CORNELL 6129/2002 Exempt 6112/2002 Ex~mpt 6126/2002 Off Cycle JUNE Check Check Check Check Check Checks 2002 Prj Date Date Date Date Date & Total Code 6/612002 611512002 612012002 6131102 7/312002 Adjust Paid HASBROUCK, E G494 116.18 116.17 232.35 G494 Total 232.35 Cooperative Extension S~fffolk Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Tel: 63I 727-7850 Fax: 631 727-7130 E-mail: suffolkLimomell.edu ww'w. cce.comell.edu/suffolk June 30, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Salary EXpenditures for the period ended 06/30/02: E. Hasbrouck Senior Investigator $ 2,555.89 Total $2,555.89 Building Strong and Vibrant New York Communities Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avenue, Suite Riverhead, NY 11901 Tel: 631 727-7850 Fax: 63I 727-7130 E-mail: suffolk~comell.edu www. cce.comell.edu/suffolk June 30, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Igaterfront Revitalization Programs Administrative fee for the period ended 06/30/02 $462.13 Building Strong and Vibrant New York Communities ~07 74'67+ 240'00~ ORDER NUMBER TERMS DATE WHEN SHIP HSW SHIP SALESPERSON QUANTI~ DESCRIP~ON PRICE AM~T . BUYER KEEP THIS SLIP FOR REFERENCE TO: ~ Payee Name: Address: Cornell Cooperative Extension Suffolk County 423 Griffing Avenue Town of Southold, New York - Standard Voucher Payee Tax Identification Number or Social ,Security Number: Payee Reference G-4 9 4 Riverhead, NY 11901 InvoiceNumbet ',Z~O o~ Invoice Date_ 9/30/02 Phone No. ( 631 ) 727-7850 Vendor Contact Voucher-Christine Christie Pro~ ect-Chris Smith Purchase Order Number P.O. Date Cash D/scount % D~ Number Description of Materials / Services Quantity Unit price Amount 1 Personnel Services $ 9,522.28 2 Equipment & Supplies 5,599.42 3 Other - Administrative 2~434. Y Total $17,556. l Net $17.556.1 Payee Certification The undersigned (Claima~t) (Pzg. ti~ behaff of the above named claimant) does hereby certify that the foregoing claim is tree and correct md that n~~aid, except as therein stated, and that the balance the. rein stated is actually due and owing. Signature ~v~/x~ . Title Executive Director Dated 9/30/02 VENDOR 003592 CORNELL COOPERATIVE EXTENSION 01/06/2004 CHECK 74682 H4 8540.2.100.100 H4 8540.2.100.100 H4 8540.2.100.100 H4 8540.2.100.100 H4 8540.2~100.100 H4 8540.2.100.100 P,O,# T~ZOTCE 262 308 362 404 442 512 DESCRIPTION WATERFRONT REVITAL- 3,332 WATERFRONT REVITAL 17,556 WATERFRONT REVITAL 31,125 WATERFRONT REVITAL 17,749 WATERFRONT REVITAL 13,635 WATERFRONT REVITAL 32,871 69 864 32/ 37g' 22~/ TOTAL 116,270.61 PROJECT NARRATIVE DETAILING PROJECT ACCOMPLISHMENTS Due Semi Annually ~ DOCUMENTATION FORMS RECIPIENT Cornell Cooperative Extension Suffolk County REPORTING PERIOD ENDING DATE: 09/30/02 CONTRACT # 1. BUDGET EXPENDITURE DATA A. Personnel Services B. Fringe Benefits C. Travel D. Supplies and Materials E. Equipment F. Contractual Services G. Other Cumulative Current Expenditures Expenditures Available Budget Documented Documented Balance to Amount this Report to Date Document (1) (2) (3) (1-3) 103,200 9,522.28 14,709.13 13,500 0.00 0.00 12,500 5,599.42 5,914.09 20,800 2,434.45 3,320.14 TOTAL 150,000 $17,556.15 23,943.36 88,490.87 13,500.00 6,585.91 17,479.86 126,056.64 II. CERTIFICATION I certify that: 1) the above claim as detailed on attached Forms 2 through 4 is just, true and correct; that the amount claimed accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties to the above-referenced Agreement, that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accuratly represents project accomplishments; 5) documented expenditures have been made solely for the purpose of the "Project" as described in Exhbit B of the above-referenced Agreement; and 6) I am the responsi~tive authorized to certify this claim. Original Signature Name Title FORM 2 -Expenditure Detail for this Payment Request. Be descriptive and specific. A. ?.ERSONAL SERVICE REQUEST TITLE 'l'---~-mle3Cs~n Hamhrouek,~Smnio~~ato_r_~ ...... 2. Chris Pickerell, Senior Investiga~9~ 3. Mark Abramson, Technician 4. Lorne Brousseau, ~ 5. PAY PERIODS FROM-TQ ..... 77~ZIZ2~9.-I30Z~2___ 7/1/02-9/30/02 ..... 21.I102-~9~30/02 --~-L1J~Z=~L3QLOZ AMOUNT CHAP. GED TO THIS PROIECT ..... .___ 4__~210~ 32 84,~ 10. 11. SUBTOTAL $ 9,522.28 B. FRINGE BENEFIT BREAKDOWN ~. TRA¥~L Subtotal $ r). SUPPLIES/MATERIALS PC Rtehard Hewlet t Packard Five Kids' School Supply Five Kids School Supply Quill Berger Bros West Marine Citgo Dell VWR International VWR International VWR International E. EQUIPMENT $ 77.94 522,43 9.00 11.00 54.99 424.99 666.95 222.79 2,719.00 207.19 ( 16.29) 27~97 West Marine 538.43 Cutchogue Hardware 33.01 Swim King Dive Shop 30.00 Kendall/Hunt 37.92 Dickersons Marine 50.00 Hewlett Packard 481.50 Hewlett Packard (522.43) Kendall/Hunt ( 2.97) Southold Gulf 26.00 Subtotal $ 5.599~2. .... F. CONTRACTUAL SERVICES Ma/lie Amotmt Service Provided ©'.['HEI~. -, VOLL'NTEJgR SERVICES Administrative Fee $2,434.45 Subtotal $ Cooperative Extension Suffolk County Extension Education Center 423GriffingAvenue, Suite Riverhead, NYll901 Tel{ 631 727-7850 Fax: 631 727-7130 E-mail: suffolk~comell.edu www. cce.comell.ed u/suffolk Invoice December 17, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Expenditures for the period ended 09/30/02: Salaries Project Manager & Senior Investigators 5,407.38 Technician 4,114.90 Support Staff Equipment & Supplies 5,599~42 Travel 0 Mileage 0 Boat Time 0 Administrative Fee 2,434.45 Total $17,556.15 Building Strong and Vibrant New York Communities Town of Southold Waterfront Revitalization 0-494 Salaries Proj Mgr & 4 ,; Technician Support Staff Total Budget I Expenses I I Prior I CumUlative I Budget 9/30/2002 I ICumulativel 9/30/2002 I Balance 85,700 5,186.~ 10,594. 75,105.7 15,000 0.00 0.00 0.00 2,500. 88,490.8 Equipi~ent & Su 314.67 Travel Mileage Boat Time 7,250 0.00 0.00 0.00 7,250.C 6,250 0.00 0.00 0.00 885.69 Sub Total 129,200 Ad ,ministraflve Fees Total 150,000 Cooperative Extension Suffolk County Extension Education Center 423 G£1ffing Avenue, Suite 100 Riverhead, NY 11901 Tel: 631 727-7850 Fax: 631 727-7130 E-mail: suffolk~comell.edu www. cce.comell.edu/suffolk December 17, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Salary Expenditures for the period ended 09/30/02 E. Hasbrouck Senior Investigator $ 1,197.06 C. Pickerell Senior Investigator 4,210.32 M. Abramson Technician 84.00 L. Brousseau Technician 4,030.90 Total $9,522.28 Building Strong and ~brant New York Communities COFJPOI~ATE OFFICES 150 Price Parkway Farmingdale, NY 11735 631-843-4300 Fax 631-843-4309 http://www, pcrichard, corn SERVING Manhattan, Bronx, Brooklyn, Queens, Long Island, Westchester & New Jersey Est. 1909 The Appliance · Electronics · Computer Giant . INVOICE Cornell Corporative Extension 246 GriffinqAvenue Riverhead, I~Y 11901 ACCOUNT # 10091 INVOICE # 014-0901941-001 Written 07/05/2002 TK 002 MN1500B8 BATTERY DURACELL TK 004 00680-7 MINt DIGITAL TA J.V.C. TAPES SCHED/CMPL Cmp 07~O5~02 Cmp 07/05/02 Tax TOTAL AMOUNT OF MERCHANDISE: TOTAL AMOI/NT PAID: TOTAL AMOUNT DUE: 00175 Total Price 13.98 63.96 .00 $77.94 $.00 $77.94 COMMENTS: This sale has a related purchase order .... reference : 74989 PLEASE PAY ON THIS INVOICE - THIS IS THE ONLY BILL YOU WILL RECEIVE. REMIT PAYMENT TO: P.C. RICHARD & SON, C/O ACCOUNTS RECEIVABLE 150 PRICE PARKWAY FARMINGDALE, N.Y. 11735 014-0901941 "Richard I_S Reliable"% Est. 1909 Page 1 of 1 Printed 07/12/021 ORIGINAL INVOICE 74HTW71 REMIT TO: CHARGED TO VISA VISA/ABPJ~4SON INVOICE TO: 2.1.3221AS 0,280 00037Sl1.xm(1) lof2 EMERSON HASBROUCK Attn: EMERSON HASBROUCK 3059 SOUND AVENUE RIVERHEAD NY 11901 h..ll.,,llhl..ll ...... Ih.ll...Ih,.ll.l.h.l.l.l.l...Ih.I Page: i of I 05/17/2002 05/23/2002 FEDEP~AL EIN: 94-1081436 CUSTOMER ACCOUNT NUMBER: CONTACT PHONE: CONTACT NAME: VISA 4411-J7136-O01 441599999R 631-852-8660 MARK ABPJkMSON INVOICE COMMENTS: *BR*PROBLEM:BPP90092-2-PEN REJECTION INQUIRES TO: H E~NLETT-PACKARD COMPANY MIS 5788 8000 FOOTHILLS Blvd. ROSEVILLE CA 95747-5788 PHONE: (916) 748-8429 Fax: (916) 748-7340 SUMMARY: ITEMS TOTAL: TAX(SEE SUBTOTALS BELOW): AMOUNT APPLIED TO CREDIT CARD ACCOUNT: $963.00 $81.86 $1,044.86 SHIP TO: CORNELL COOPEP~ATIVE EXTENSION 3690 CEDAR BEACH RD SOUTNOLD NY 11971 00001 PRODUCT SERVICE MODEL C4700A SERIAL ESA6A17058 REPL CARRI PEN TESTED STANDARD R~PAI~ TAX SUBTOTAL: NEW YORK LOCAL TAX 963.00 81.86 TAX TOTAL: 81.86 Invoice number 74H7W71 I via CREDIT CARD GELLER REPRESENTS THAT THESE GOODS WERE PRODUCED IN COMPUANCE WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6, 7 AND 12 OF THE FAIR LABOR STANDARDS ACT, AS AMENDED, AND OF REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 THEREOF. FIVE KIDS SCHOOL SUPPLY 1080 Old Count~ Road Riv.~,~,ead, New York 11901 (631) 727-5526 Fax (631) 727-7051 SHIP TO; ,.o., "z'f ?f ? °"""'""" '"" I ~ ~ SHIPPING All shortages and damages must be reported within 30 days. ~,,, ,~ THANK YOU oFIVE gms SCHOOL SUPPLY 1080 Old Countr~ Road Riverhe~d, New York 11901 (631) 727-5526 Fax (631) 727-7051 DATE SHIPPED TERMS SHIP TO: INVOICE SHIPPED VIA All shortages and damages must bo roportod within aO days. SUBTOTAL SHIPPING SALES TAX THANK YOU SHIP TO 33.89 TERMS-NET 30 COENELL COOPERATIVE EXT 36q0 CEDAR BEACH RD SOUTHO~O NY /05/02 11971 1/N/74950 D 69079701 07/31/02m08/02/02 1/ 9 GROUND I *'50~000+ iTEMS AT ~LL.C~ THE ~I-RATED OFFICE SUPPLY SITE. * I :~JR REYUSN, PRICING&FREIGHTpOL~CiE$ ISON~-~E SACK OF ~,-IIS INVOICE. IFYOU HAVEQUES~ONSABOUTYOUROROERORTHISINVO~CE, PLEASEWR~iEORCALL · , ~,· ELECTRONICS ~ ~"'t Cameras. Telescopes. Binoculars · Video Equipment · Satellite TV. CCTV Security Systems. A.V. Equipment · Darkrgom Supplies 209 BROADWAY (ROUTE 110), AMITI~ILLE, N.Y. 11701 (631) 264-4160 · FAX (631) 264-1007 · www.bcrger-bros.com / St!' "P? b G 4 FED. ID No. 11-2038120 SEE REVERSE SIDE FOR STORE POLICIES VWF, INTERNATIONAL P.O. Box 2078 West Chester PA 19380 BILL TO. CORNELL CO-OP EXTENSION MARINE 3059 SOUND AVE RIVERHEAD NY 11901-1115 9/3/02 ORIGINAL INVOICE CUSTOMER ACCOUNT# 1049449 ~5009641 PAYMENTDUEDATE [ 10/3/02 INVOICE # PURCi~.SE ORDER # 2133090 74897 SALE8 ORDER # TERMS DiSC 3% [MMED NET 30 PLEASE pay ~tHIS AMOIJNI EARLY PAY DISCOUNT: IF PAID BY 8/3/02 PLEASE SHIP TO: MIKE PATRICIO MARINE CENTER 3690 2EDAR 8EACH ROAD SOUTHOLD. NY [1971 MIKE PATRIClO 9j 9/3i02 CATALOG NUMBERANDDESCRIPTION 60882-189 IDENTI-PLUG, CS-200. 27-34MM L800-C PSLIP# 15009641-2142 60882-203 IDENTI-PLUG, CS-100 34'45MM Le00-D PSLIP~15O09~41-2142 29136~060 FLASK,ERLEN PYREX PK-12 250ML 4980-250 PSLIP# 1500964%2142 29t36-128 FLASK, ERLEN PYREX 2000 ML '4980-2L PSLIP# 15009641-2142 53497-086 PIPET FILLER, BLUE,VWR 501OBU PSLIP# 15009641-2142 61161-334 THERMOMETER SOLAR W/EXT SENSOR 4123 PSLIP# 15009641-2142 INTERNATIONAL BILLTO: CORNELL CO-OP EXTENSION MARINE 3059 SOUND AVE RIVERHEAD NY 11901-1115 CONTIN JED ON NEXT PAGE PLEASE DETACH THIS PORTION AND RETURN WITH YOUR PAYMENT INVOICE DATE 9/3/02 CUSTOMER ACCOUNT # 1049449 23.78 23.7~r 42.28 42.28 El / INVOICE # ~ PURCHASE ORDER # 12133090 I 74897 15909641 DISC 3% IMMED NET 30 j 8/30/02 EARLY PAY DISCOUNT: IF PAID BY 9/~102 PLEASE PAY $ 200.97 REMIT TO: h. Hl,hh,,hhlh.h,llh,.,,IhlM,h,,Ih,hh..,JII VWR INTERNATIONAL INC. P.O. BOX 640169 PITTSBUR~GH~ PA 15264-0169 0000121330906000002071900000200970 ~ P.O. Box 2078 INTERNATIONAL West Chester, PA 19380 BILL TO: CORNELL CO-OP EXTENSION MARINE 3059 SOUND AVE KIVERHEAD NY 11901-1115 F-~RLY PAY DISCOUNT: IF PAID BTM 9/3/02 PLEASE PAY Page2 0?2 ORDERED By DATE SHIPPED MIKE PATRICIO 9/3/02 CATALOG NUMBER AND DE$CRJPTION WIPES,DI,ALCOH OL,PREM,VVVRPK100 2065 PSLIP# 1500964%2142 USD 91 - 1319190 2 2 PK ~6.77 our web site at www,vwr, com For Billing Questions and Returns Call: 1-800-932-5000 Total Tax TOTAL DUE $ 0.00 $ 207,19 ~_/~7~ P.O. Box 2078 VW R West Chester, pA 19380 INTEENATIONAL BILL tO: MIKE PATRICIO CORNELL CO-OP EXTENSION 3059 SOUND AVE MkRINE RIVERHEAD, NY 11901 cREDIT MEMO CREDIT MEMO 12154536 DATE CREDIT MEMO ~ TERMS 9/4/02 NET 1 DAY PURCHASE ORDER # CUSTOMER ACCOUNT # REFERENCE # 74897 1049449 __J 8534392 ORIGINAL ~NVOmE# 12133090 ORIGINAL ::"T:'i _ 1LT _ SHIP TO: Page 1 of 1 MARINE CENTER 3690 CEDAR BEACH ROAD SOUTHOLD, NY 11971 MIKE PATR~CIO 9/4,q]2~.: 80 ' i~.N¥ GROUND SERVICE' IDENTI-PLUG, CS-l~. 3445MM -16.29 E LS00-D CUSTOMER ORDERED WRONG SIZE REORDERED COR~ ECT ONE D NISE 79-3365 9/~ ~'slt °Ur web 21re at-- ~} . Call $0.00 DIT $ -t6.29 INTERNATIONAL BILLTO: CORNELLiCO-OP EXTENSION 3059 SOUND AVE MARINE RIVERHEAD, ~y 11901 PLEASE DETACH THIS PORTION AND RETURN WITH YOUR PAYMENT CREDIT MEMO 9/4/02 1049449 12154536 --_ $-16.29 i REMIT TO: I,,,11,1,1,,,1,1,11,,,I,,111,,,,,,11 I I,l,,,tl, I VWR INTERNATIONAL INC. P.O. BOX 640169 PITTSBU~GH, PA 15264-0169 0000121545362000000162900000016291 INTERNATIONAL BILL TO: ORI INAL iNVOICE 9/5/02 12161243 74897 19380 CUST°MEf~ SALES ORDER # TERMS 1049449 "~% lUUEO N~ PAYMENTOUEDATE [ 10/5/02 j P~SEPAYTHISAMOUNT[ ~RLY PAY DISCOUNT: IF PAID BY 915102 PL~SE PAY $ 27.t3 CORNELL CO-OP EXTENSION MARINE 3059 SOUND AVE RIVERHEAD NY 11901-1115 SHIP TO: MIKE PATKICIO MARINE CENTER 3690 CEDAR BEACH ROAD SOUTHOLD, NY 11971 Page 1 of 1 MIKE PATRICIO 9/5/92 USD 91 - 1319190 I 60882-207 I I CS 21.32 21.32 E IDENTI;PLUG, CS-80, 50X55MM L800-D2 PSLIP# 15035386-9730 MERCHANDISE TOTAL 21;32 FREIGHT CHARGE 5.65 000 Visit our web site at www.vwr, com For Billing Questions and Returns Call: Total Tax $ 0.00 1-800-932-5000 TOTAL DUE $ 27.97 vw. INTERNATIONAL BILLTO: CORNELL CO-OP EXTENSION MARINE 3059 SOUND AVE RIVERHEAD NY 11901-1115 PLEASE DETACH THIS PORTION AND RETURN WITH YOUR PAYMENT 915/02 12161243 74897 9/4102 1049449 15035386 DiSC 3% IMMED NET 30 EARLY PAY DISCOUNT: IF PAID BY 9/5102 PLEASE PAY $ 27.13 REMIT TO: I.,ll,hh,,hhlh,.h,llh,,,,,Ihlh,hh.lh,hh,.,.lll VWR INTERNATIONAL INC. P.O. BOX 640169 PITTS~BURGH, PA 15264-0169 0000121612436000000279700000027130 r o~,:f ELL 423, GRLFFit4B qVEi'bE Lnuo~ce ~= 6?89 L6 11!5 0.40 1 D8240 ~6,99 16.39 GLEa~.vaCHT 8" SS t 158240 CUTCHOGU£ HARDWARE INC. Main Road Box 998 CUTCHOGUE, NEW YORK 11935 (631) 734-6584 TAX PRODUCT 1959 All claims and returned goods must be accompanie~ by this bill. SWIM KING DIVE SHOP, INC. 572 Route 25A Rocky Point, NY 11778 (631) 744-7707 FAX (831) 744-0129 MAIL: swimkingdsc~aol, com CORNELLCOOERATIVE EXTENSION CHRIS SMITH SALES- PURCHASE ORDER~:~ ACCOUNT BALANCE. b02.95 DEBIT 443 JUL 2002 VISA 30.00 0 30.00 C~NCELLED SALES TAX .00 KENDALL/HUNT PUBLISHING COMPANY 4050 Westmark [~Jlve P.O Box 1840 Dubuque, Iowa 52004-1840 BILLT©: 125947 CORNELL COOPERATIVE EXTENSION SUFPOLK COUNTY 3690 CEDAR BEACH RD SOUTHOLD NY 11971 KENDALL/HUNT PUBLISHING COMPANY ACCOUNTS PAYABLE DEPARTMENT P.O. BOX 1840 INVOICE NO. DUBUQUE IA 52004-1840 1 02 8 12 3 7 INVOICE DATE FEDERAL I.D. 42-1426616 2 6 - JUL - 0 2 Invoice SHIP TO: 1 of 1 CORNELL COOPERATIVE EXTENSION SUFFOLK COUNTY 3690 CEDAR BEACH RD SOUTHOLD NY 11971 SHIPVIA: UPS GROUND RESIDENTIAL DELIVE TERMS TERM DATE DUE SHIP DATE PURCHASE ORDER SALES ORDER NO, 30 NET 25-AUG-02 31-JUL-02 CREDIT CARD 253465 I ISBN AUTHOR ORDERED BACKORDED SHIPPED LIST PRICE DISCOUNT ITEM EDITION TITLE EXTENDED PRICE 0-7872-4366-3 NATIONAL AQUARIUM 41436603 03 LIVING IN WATER 1 0 1 28.95 .00 28.95 COMMENTS: Subtotal: 28.95, NY TA~: 2.97 Freight: 6.00 Weight: Units: 2.18 1 TOTAL PAYABLE IN U.S. FITNDS: 37.9 Q~' ,, ~ mi'] ut] '1; Tax Tot:a] Due: C h a r g e d: 1 5t, ,, ~..,t, 0 ,, O0 0 ~ CK) 0 ,, O0 ,~' ..~ O0 5( , OC 50., C Z (). 00 TO: Page: 05/17/2002 ORIGINAL 1 of 1 INVOICE 04M7X32 07/29/2002 VISA 4411 -J7136-001 VISA/ABRAMSON INVOICE TO: 2,1.159 I MBO.309 02708Sll,OCE (1) I of 2 EMERSON HASBROUCK Attn: EMERSON HASBROUCK 3059 SOUND AVENUE RIVEFIHEAD NY 11901 CUSTOMER ACCOUNT NUMBER: CONTACT PHONE: CONTACT NAME: 441599999R 631-852-8660 MARK ABEAMSON INVOICE COMMENTS: *CM*PROBLEM:BPPgOOg2-2-PEN REJECTION INQUIRES TO: H'EWLt: ~ ~-PACKARD COMPANY COLLECTIONS M/S 5518 8000 FOOTHILLS BLVD ROSEVILLE CA 95747 PHONE: (800) 209-9620 SUMMARY: ITEMS TOTAL: $963'.00 $963.00 AMOUNT APPLIED TO CREDIT CARD ACCOUNT: ,,,..o: I v,s. I CORNELL COOPEI~ATIVE EXTENSION I 3690 CEDAR BEACH RD SOUTHOLD NY 11971 ATTN: REBILL OF INVOICE ~ ,74H7W71 00001 PRODUCT SERVICE MODEL C4/OOA SERIAL ESACA17058 REPL CARRI PEN TESTED STANDARD R~PAI~ 963.00 Invoice humbler 04147X32 [ VISA CREDIT CARD SELLER REPRESENTS THAT THESE GOO~S WERE PRODUCED IN COMPUANCE WITH ALL APPLICABEE REQUIREMENTS OF SECTIONS 6, 7 AND 12 OF THE FAIR LABOR · DUPLICATE , ..... Page: 1 of 1 INVOICE 74H7W71 F REM T TO ! ~'~STOMER ACCOUNT NUMBER: 441599999R m ....,v ............ m CONTACT PHONE: 631-852-8660 · · CONTACT NAME: MARK ABRAMSON INVOICE TO: EMERSON HASBROUCK Attn; EMERSON HA$BROUCK $059 SOUND AVENUE INVOICE COMMENTS: RIVERHEAD NY 11901 *BR*PROBLEM:BPPgOO92-2-PEN REJECTION INQUIRES TO: HEWLETT-PACKARD COMPANY SUMMARY: MIS 5788 ITEMS TOTAL: $963.00 8000 FOOTHILLS Blvd. ROSE-VILLE CA 95747-5788 PHONE: (916) 748-8429 TAX(SEE SUBTOTALS BELON): $81.86 Fax: (916) 748-7340 AMOUNT APPLIED TO CREDIT CARD ACCOUNT: $1,044.86 SHIP TO-' I CHARGED TO VISA CORNELL COOPERATIVE EXTENSION 3690 CEDAR BEACH RD SOUTHOLD NY 11971 00001 PRODUCT SERVICE MODEL C4700A SERIAL ESA6A17058 REPL C. ARRI PEN TESTED STANDARD R~PAIA TAX SUBTDTAL: NEW YDRK LOCAL TAX 963.00 81.86 TAX TOTAL: 81.86 Invoice number 74H7W71 ~ VISA CREDIT CARD SELLER REPRESENTS THAT THESE GCODS WERE PRODUCED IN COMPLIANCE WITH ALL AP PUCABLE REQUIREMENTS OF SECTIONS 6, 7 AND 12 OF THE FAIR LABOR STANDARDS ACT~ AS AMENDED, AND OF REGULATIONS AN D ORDERS OF THE UNITED ~TATES DEPARTMENT OF LABOR isSUED UNDER SECTION 14 THEREOF. "' DALL/.HoU NT PUBLISHING COMPANy estmark..Drb,~ P.O. Box 1840 Dubuque, Iowa 52004-1840 LL TO: 25947 'ORNELL COOPERATIVE EXTENSION UFFOLK COUNTY 690 CEDAR BEACH RD oUTHOLD NY 11971 KENDALL/HUNT PUBLISHING COMPANY ACCOUNTS PAYABLE DEPARTMENT P.O. BOX 1840 INVOICE NO. DUBUQUE IA 52004-1840 1 02 8 123 7 INVOICE DATE FEDERAL I.D. 42-1426616 2 6 -JUL- 0 2 Invoice SHIPTO: 1 of 1 CORNELL COOPEP~ATIVE EXTENSION SUFFOLK COUNTY 3690 CEDAR BEACH RD SOUTHOLD NY 11971 SHIPVIA: UPS GROUND RESIDENTIAL DELIVE ---RMS TERM DATE DUE SHIP DATE' PURCHASE ORDER SALES ORDER NO. 0 NET 25-AUG-02 31-JU-L-02 CREDIT CARD 253465 BN AUTHOR ORDERED BACKORDED SHIPPED LIST PRICE DISCOUNT EXTENDED PRICE EM EDITION TITLE -7872-4366-3 NATIONAL AQUARIUM 1436603 03 LIVING IN WATER 1 0 1 28.95 .00 28.95 Subtotal: 28.95. MMENTS: ~ [ -- ~ qqq NY TAX: 2.97 ight: Units: ~,q~ d~C~ Freight: 6.00 .18 1 TOTAL PAYABL~ IN U.S. FUATD~: 37.92 ©._. I ..... TOTOL .... ~ ~.~ P.O.Box 29209 Mission, KS 66201-9209 Customer Statement Pedod Starting: 08/01/2002 Period Ending: 08/30/2002 Page: CTDSCVF CORNELL COOPERATIVE EXT SUFFOLK CO 423 GRIFFING AVE SUITE 100 RIVERHEAD NY 11901-3071 Account Number: 0132146556 Statement Date: 08/30/2002 Due Date: 09/24/2002 001 Financial Summary Previous Balance: Payments: Past Due Amount: Late Payment Charge: Late Payment Charge Figured at On an Unpaid Balance of: 0.00 0.00 O.OOZ 0.00 Summary Statement Detail Total (Includes Late Payment Charge): New Balance (Please Pay this Amount): 415.$1 t15.~1 222.79 222.79 Credit Limit: 4,000.00 To avoid additional Late Payment Charges, payment of the New Balance must be received by 6:00 AM on 09/2~/2002 NOTICE: See reverse side for Important information. FID Number: 74-2616805 Sales Rep: PATRICK TU~fLE For Sales: (800)274-7799 Sales Fax: (800)365-5329 Customer Service: (800)274-7799 Technical Support: (800)234-1490 Dell Online: http://www, delLcom Customer Number: 023998190 Purchase Order: 74906 Order Number: 918531526 Order Date: 08/27/02 25 01 O 01 01 N Invoice Number: [918531526 invoice Date: 08/29/02 Payment Terms: NET DUE 30 DAYS Shipped Via: UNAUTHORIZED Waybill Number: ASR1824251541876 SOLD TO: SHIP TO: #BWNHKPV CORNELL COOP EXTENSION #0239 9819 05# 3.1.751 1 MB 0.309 03983Sll .XRX 1 of~ ~ SUFFOLK COUNTY h,,Ih.llhhdh,.tdh,lhlh.,h.h,,llhhd.hdthd ~;~r~ ~,~1~ ?~.,~.__ 423 GR FF NG AVE ACCOUNTS PAYAHLE "-'~¢~-~:. ~/' ~, '/~ERHEAD NY 11901 SUFFOLK COUNTY ~ 423 G RIFFING AVE RIVERHEAD NY 11901-3071 PLEASE REVIEW IMPORTANT TERMS & CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE Order Shipped Item Number 1 220-9688 1 311-1772 1 310-1582 1 320-2504 1 320-0440 1 340-3622 1 340-1927 1 420-3080 1 313-7222 1 412-0189 1 310-1413 1 430-5353 1 313-3607 1 313-2561 1 313-1488 1 313-7284 1 340-3801 1 412-0271 1 412-0273 1 310-1752 1 313-0472 1 430-0310 I 430-0365 1 313-1203 1 412-1397 1 950-1390 Description Dimension 8200 Sedes,Pentlum 4 Processor at 2.26GHz 1024MB PC800 RDRAM Dell Quiet Key Keyboard 21 In. (19.8 In. Viewable, .24AG)P1130 Trinitron Monitor 64MB GeFome4 MX Graphics Card with TV-Out Unit Unit Price Amount 80GB 7200 RPM Ultra ATA Hard Ddve 3.5in Floppy Drive Microsoft Windows XP Professional,English Dell Application Back-up CD, Factory Install Dell Suppor~ 1.2,Dimension Logitech Optical USB Mouse 101100 PCI Fast Ethernet NIC Factory Install No modem requested for Dell Dimension 48X Max Vadable CD-ROM Drive SB Live11024 Digital Sound Card Harmon Kardon HK-395 Speakers 250MB Iomega Zip Built-In Ddve Dell Picture Studio Image Expert Standard,Dimension Dell Picture Studio Paint Shop Pro Try and Buy,Dimension USB 2,0 Adapter for Dimension DVD+RW/+R CD-RW Combination Ddve Cyberlink Software Decoding for DVD Ddves Digital Content Authoring Software 1 Pak ef DVD+RW Media No Microso[t Office Package *Type 3 Contract - Next Business Day Parts and Labor On-Site Response, Initial Year EA 2,719.00 2,719.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.O0 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 EA 0.00 0.00 · Service contract may be subject to sahgs tax. Any on site or other service covers Dell system hardware only. =LEASE KEEP ORIGINAL BOX FOR ALL RETURNS. COMPREHENSIVE ONLINE CUSTOMER CARE N FORMATION AND ASSISTANCE IS A CUCK AWAY AT WWW. DELL CO M/PUBUC-ECARE TO ~,NSWER A VARIETY OF QUESTIONS REGARDING YOUR DELL ORDER. DETACH AT PERF AND RETURN WITH PAYMENT MAKE CHECK PAYABLE/REMIT TO: DELL MARKETING L.P. CIO DELL USA L.P. BOX 371964 PITTSBURGH PA 15250-7964 Invoice Number: 918531526 Customer Number: 023998190 Purchase Order: 74906 Order Number: 918531526 I Ship. &/or Handlin~l I $ 0.00 Subtotal $ 2,719.00 nvoice 0.00 $ 0.00 Total $ 2,719.00 Ship. &/or Handlin~l $ 0.00 Subtotal $ 2,719.00 $ 0.00 $ 0.00 Invoice Total $ 2,719.00 $ $ $ Balance Due $ 2,719.00 Amt. Enclosed $ 00091853152600000002719002500239981903 FID Number: 74-2616805 Sales Rep: PATRICK TUTTLE For Sales: (800)274-7799 Sales Fax: (800)365-5329 Customer Service; (800)274-7799 Technical Support: (800)234-1490 Dell Online; http:l/www.dell.com This is your INVUII.;b Customer Number: 023998190 Purchase Order: 74906 Order Number: 918531526 Order Date: 08/27/02 25 01 O 01 01 N SOLD TO: #BWNHKPV #0239 9819 05# 3.1.751 1 MB 0,309 03983S11,XRX 2 of 2 ACCOUNTS PAYABLE CORNELL COOP EXTENSION SUFFOLK COUNTY 423 G RIFFING AVE RIVERHEAD NY 11901~3071 Page: 2 o! 2 Invoice Number: [918531526 invoice Date: 08/29/02 Payment Terms: NET DUE 30 DAYS Shipped Via: UNAUTHORIZED Waybill Number: A3R1824251641876 SHIP TO: CORNELL COOP EXTENSION SUFFOLK COUNTY 423 GRIFFING AVE RIVERHEAD NY 11901 PLEASE REVIE~N IMPORTANT TERMS & CONDITIONS ON THE REVERSE SIDE OF THiS INVOICE Order Shipped Item Number Description Unit Unit Price Amount 1 950-1392 *Type 3 Contract - Next Business Day Parts and Labor On-Site Response, 2YR Extended 1 412-0148 No Intemet Service Provider Requested System Service Tags 68KSTll EA 0.00 0.00 EA 0,00 0,00 Cooperative Extension Suffolk County Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 teli 631 727-7850 Fax: 631 727-7130 E~mail: suffolk~comell.edu www, cce. comell.ed u/su f folk December 17, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Administrative fee for the period ended 09/30/02 $2,434.45 Building Strong and Vibrant New York Communities Town of Southold, New york - Standard Voucher ~PAYTO: Co ~ Cooperate'ye Extension of Payee Tax ldentfficaQon Number Payee Name: rneAA or So~al Security Number: 11-6081424 Suffolk County ~ Address: Payee Reference G-494 423 Griffing Avenue Riverhead, Ny 11901 Phone No. ( 631 ) 727-7850 Invoice Number 216 Invoice Date 03 / 31/02 Vendor Contact Voucher: Cathy Berkhan PLvj=~L~ Ch~i~ 3miLh; Cilris Picker Purchase Order Number P.O. Date Cash Discount % Days Imm Number D~cripQon of Materials / Service~ Quamity Unit Price Amount 1 Personnel Services 2 ~ 630.96 2 Other- Administration 423.5'6 I Tom~ 3,054.52 Net 3t054.52 Payee Certification The undersi ,,gn.~..(CIaimai~ting on.behalf of the abov. e named claimant) does hereby certify that the foregoing claim is tree and correct aha matno p~:en prod, except as thereto stated, a~d that the balance therein stated is actually due and owing. /'*"' Executive Director ~. · 6/7/02 . $ignalur~ / \~[~,1 ~ , n~tlo ' . uatea VENDOR 003592 CORNELL COOPERATIVE EXTENSION ,01/20/2004 ~,~,w~ r_. ACCOUNT ~ (5 ~j TAT~TC'E ~R~F,~TDTT©N CHECK 74862 H4 -8540.2.100.100 216 WATERFRONT REVITAL- 3,054.52 TOTAL 3,054.52 Cooperative Extension Suffolk County Extension Education Center 423 Gdffing Avenue, Suite Riverhead, NY 11901 Tel: 631 727~7850 Fax: 631 72%7130 E-marl: suffolk~comell.edu www. cce.comell.edu/$uffolk Invoice March 31, 2002 Mr. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Expenditures for the period ended 03/31/02: Salaries Project Manager & Senior Investigators Technician Support Staff Equipmem & Supplies Travel Mileage Boat Time Administrative Fee Total 2,630.96 0 0 0 423.56 $$,054.$2 Building Strong and Vibrant New York Communities Cooperative Extension Suffolk Coun~ Extension Education Center 423 Griffing Avenue, Suite 100 Riverhead, NY 11901 Tel: 631 727-7850 Fax: 631 727-7130 E-mail: suffolk~comell.edu www. cce.comell.edu/suffolk March 31, 2002 Mr. James MeMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: Waterfront Revitalization Programs Salary Expenditures for the period ended 03/31/02: C. Pickerell Project Coordinator $ 2,630.96 Total $2,630.96 Building Strong and Vibrant New York Communities Mpr ii ud li:u?a Uornel! Dooperatlve ~xt. ~31B52BBB2 " Cornell Cooperative Extension ~ Suffolk County Project AcCountability Social Securit7 Number: This is to certify that I have worked the following time for the proiect identified for the period YCr¢~l ~ ~oo3. through /v~F4;d ~/, ~2co,~ Name of Project: Project Code: ~_~ l~,:~ ~aurs ~[ Charge to project n In-kind contribution Dates: ~ ~;t ~'1% l~t/+, t~' 1~,~ ~ o.'~t, ~.~ i,;z~ ~ ol-/ Name of Project: Project Code: Q Charge to project Q in-kind contribution Name of Project: Days / Hours D~tes: Project Code: Q Chargeto project Q In-kind contribution Days / Hours Dates: Signature Cooperative Extension Suffolk Ceunty Extension Education Center 423 Griffmg Avenue, Suite 100 Pdverhead, NY 11901 Tel: 631 727-7850 Fax: 631 727-7130 E-mai/: suffolk~l~omell.edu www. cce. come ll.edu/suffolk March 31, 2002 Mi'. James McMahon Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 RE: }Faterfront Revitalization Programs Administrative fee for the period ended 03/31/02 $423.56 Building Strong and Vibrant New York Communities DOCUMENTATION FORMS RECIPIENT C0rnell Cooperative Extension Suffolk County. CONTRACT # REPORTING PERIOD ENDING DATE: 03/31/02 1. BUDGET EXPENDITURE DATA Cumulative Current Expenditures Expenditures Budget Documented Documented Amount this Report to Date (1) (2) (3) A. Personnel Services 103,200 2,630.96 2,630.96 B. Fringe Benefits C. Travel 13,500 0.00 0.00 D. Supplies and Materials 12,500 0.00 0.00 E. Equipment F. Contractual Services G. Other 20,800 423.56 423.56 · TOTAL 150,000 3,054.52 3,054.52 Available Balance to Document (1-3) 100,569.04 13,500.00 12,500.00 20,376.44 146,945.48 II. CERTIFICATION I certi~ that: 1) the above claim as detailed on attached Forms 2 through 4 is just, true and correct; that the amount claimed accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties to the above-referenced Agreement, that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) the attached narrative report accuratly represents project accomplishments; 5) documented expenditures have been made solely for the purpose of the "Project" as described in Exhbit B of the above-referenced Agreement; and 0 rip. ual Signature Name Executive Director Title PROJECT NARRATIVE DETAILING PROJECT ACCOiVIPLISH/VIENTS Per Contract: Due Semi-Annually FORM 2 -Expenditure Detail for this Paymen( Request. Be descriptive and specific. A. _PERSONAL SERVICE REQUEST '1. 2. 3. 4. 5. 6. 7. 8. 9. TITLE Chris Pickerall, Senior Invest__i~_at__o_r ............... PAY PERIODS .FROM - TO 03/01/02 - 03/31/02 10. 11. AMOUNT CHARGED TO THIS_ PKO~fi,~ $2,630.96 SUBTOT/L[ $ 2,630.96 B. FRINGE BENEFIT BREAKDOWN TRAVEL Subtotal D. SUPPLIES/MATERIALS E. EQLrfpM-ENT Subtotal $ F, CONTRACTUAL SERVICES Name Ar~ount Service Provided. Administrative Fee $ 423.56 Subtotal $ JOSHUA Y. HORTON SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD DATE: NOTE TO: FROM: SUBJECT: March 14, 2005 John, the attached invoices are being sent for the purpose of payment of all vouchers related to the NYS Dept of State Agreement C006213. Two of these vouchers ($28,544.84 and $4,966.26) may be duplicates as Comell advised that they sent them directly to you in February. The voucher for $15,608.72 is new. The remaining balance of $880.19 will be billed by Cornell by the end of March 2005 to comply with the Department of State's request that all payments be made by March 31, 2005 in order to qualify for reimbursement. The total of these invoices will be $50,000. If you have any questions, please contact either one of us. Thank you. CC~ Supervisor Horton Christine Christie - Cornell Cooperative Extension AY TO: Town of Southold, New York - Standard Voucher Payee Tax Identification Number PaTeeName: Cornell Cooperative Extension Address: 423 Griffing Avenue Riverhead, NY 11901 lnvoice Number 725 Invoice Date 12/31/04 Purchase Order Number P.O. Date or Social Security Number: Payee Reference G483 PhoneNo.( 631 ) 727'7850 ' V a c Cnrxs ~m~tn - ~ro3ecc Manager en.or~onmct Christine Christie - Bookkeeper Cash Discount °k Days Item [ Unit Number Description of Materials / Servi~s Quantity[ Price Amount t Salaries 15,608.72 Tomi 15,608.72 .' Net 15,608.72 ~' A Payee Certification The underfi~ned (Clalm~t~n.behaff of the above named claimant) does hereby certify that the foregoing claim is tree and correct and that no/t1 · '~1~ / ~a~:t'{~le~ Pm d' except as tberein stated, and that the ba/ance' therein stated is actually due aqd / · ' Department Certification I hereby certify that the~materiais above specified have been received by me in good condition without substitution, the services properly pedormed and t~ the qua.n, thies tthgreo f lrave been verified with the exceptions or diserepancles noted, and payment is approved DOCUMENTATION FORMS RECIPIENT Cornell Cooperative Extens±0n CONTRACT# REPORTING PERIOD ENDING DATE: 8/1/04- 12/31/04 I. BUDGET/EXPENDITURE DATA A. Personal Serv/ces B. Fringe Benefits C. Travel D. Supphes and Materials E. Equipment F. Contractual Services G. Other TOTAL Cumulative Carrent Expenditures Expenditures Available Budget Documented Documented Balance to Amount this Report to Date Document O) (2) (~) 49,543.00 15,608.72 48~663.65 457.00 456.16 50~000 15~608.72 49~119.81 879.35 .84 880.19 1I. CERTIFICATION I certify that: 1) the above claim as detailed on attached Forms 2 through 4 is just, tree and correct; that the mount clakned accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties to the above-referenced Agreement; that those persons intended to be compensated have been compensated; 3) we are in compliance with aH applicable provisions of the above-referenced Agreement; 4) the attached narrative report accurate represents project accomplishments; 5) documented expenditures have been made solely for the purposes of the "Project" as described in Exhibit B of the above-referenced Agreement; and 6) I am the responsible~Tve authorized to certify this claim. Thomas B. Williams Original Signature Name Executive director Title PROJECT NARRATIVE DETAILING PROJECT ACCOMPLISHMENTS PROJECT F~ARRATIVE DETAI~ING PROJECT ACCOMPLISHM~NT,q FORM 2 -Expenditure Detail for this Payment Request. Be descriptive and specific. A. PERSONAL SERVICE REQUEST 1. 2. 3. 4. 5. 6. 7. 8. TITLE Pat Paladines - Program A__s~%st~n_t ........... Chris Smith . Program Manag~ Chris Pickerell - Sr. Educator L. Brousseau - Program Assistant D. Bender - Program Assistant PAY PERIODS AMOUNT CHARGED FROM - TO TO THI~ PROJECT ._ 7./72~-8__/.4_/0_4_ .... 877.45 9/A-_9~/30/.Q~4 ............. ~_500.35 11/1-11/15/04 3,454.80 12/1-12/31/04 2,986.99 ..... 12 / 2~2_-..i_ ~/3_1./~0 _4_ _. __ 789.13 SUBTOTAL 10. 11. B. FRINGE BENEFIT BREAKDOWN $ 15,608.72 C. TRAY-EL SUPPLIES/MATERIALS Subtotal $ E. EQU1]?i~ENT Subtotal $ F, cONTRACTUAL SERVICES Name Amount Service Provided Subtotal SERVICES AY TO: payee Name: Cornell Cooperative Extension of Suffolk County Address: 423 Griffin8 Avenue Riverhead, NY 11901 Invoice Number 637 ~urchase Order Number Town of Southold, New York - Standard Voucher Payee Tax Identification Number or Social Security Number: Payee Reference G483 PhoneNo.( 631 ) 727-7850 Invoice Date 5/31/04 Vendor Contact Chris Smith Christine Christie-Bookkeeper P.O. Date Cash Discount. %. ·Days Item Unit Amount Number Description of Materials / Services Quantity Price 1 Salaries 28,544.84 5 - CcC' -/- 2o0 g Total 28,54-4.84- Net 28 ~ 544.84 PaYee Certification The u ndexrdgned (Claimant) (Acting on behalf of the above named claimant) does hereby certify that the foregoing claim is true and correct ahd that no part has been paid, except as therein stated, a~d that the balance therein stated is actually due and owing. Signature Title Executive Director Dated ..~ Depar~ent Certification 1 hereby certify that thLa-~te~l~ above specified have beee received by me in good condition without substimfion.¢ the performed and t h aI411~g~f~ ties thereof have been verified wiSbt the exe~6'~ or discrepancies noted, anc~p~/~me trvices properly t~proved DOCUMENTATION FORMS RECIPIENT Cornell Cooperative Extension CONTRACT# REPORTING PERIOD ENDING DATE: 12/15/03 - 5/31/04 TOS-CCE-1-2002 I. BUDGET/EXPENDITURE DATA A. Personal Services B. Fringe Benefits C. Travel D. Supplies and Materials E. Equipment F. Contractual Services G. Other TOTAL Cumulative Current Expenditures Expenditures Available Budget Documented Documented Balance to Amount this Report to Date Document O) (2) (3) (1-3) 50~000 28~544.84 50,000 28,544.84 21,455.16 21,455.16 II. CERTIFICATION I cert/fy that: i) the above claim as detailed on attached Forms 2 through 4 is just, tree and correct; that the amount claimed accurately represents the expenses as recorded in our accounting records; 2) where work performed by persons not parties to the above-referenced Agreement; that those persons intended to be compensated have been compensated; 3) we are in compliance with all applicable provisions ofthe above-referencedAgreement; 4) the attached narrative report accurate represents project accomplishments; 5) documented expenditures have been made solely for the purposes of the "Project" as described in Exhibit B of the above-referenced Agreement; and 6) I am the responsible representative authorized to certify this claim. ~ Thomas B. Williams, Executive Director 'tO'rib"mai'Signature Name Title PROJECT NARRATIVE DETAILING PROJECT ACCOMPLISI-IBIENTS SEE ATTACHED REPORT FORM 2 -Expenditure Detail for lhis Paymenl Request. Be descriptive and specific. A. PERSONAL SERVICE REQUEST TITLE Christopher Pickerell, Sr. Educator PAY PERIODS FROM - TO .~- 2/_ 1_5 / 0 3 _ _-_ _5/__3. _1_/_0_0.4- 10. 11. B. FRINGE BENEFIT BREAKDOWN SUBTOTAl. AMOUNT CtlARGED TO THI__S PROJECT 28,544.84 $ 28,544.84 Town of Southold G-483 Wetlands Revitalization Program Expenses Expenses Expenses Cumulative Budget Task Due Budget 12131/03 03/31/04 05/31/04 Balance Prepare generic set of January 2005 4,000 0.00 0.00 0.00 0.00 4,000.00 erosion management measures Prepare educational January 2005 6,500 0.00 i 0.00 0.00 0.00 6,500.00 materials to explain value Prepare strategy for Bay January 2005 14,500 0.00 0.00 7,000.00 7,000.00 7,500.00 & Creek Mooring Management Reformulate Wetlands legistlation September 2004 25,000 5,478.38 10,364.39 5,702.07 21,544.84 3,455.16 Total 50,000 5,478.38 10,364.39 12,702.07 28,544.84 21,455.16 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 169 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24, 2004: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of January 2004 a Local Law entitled "A Local Law iq. relation to a new Chapter 97 'Wetlands and Shoreline' of the Code of thc Town of Southoid" 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 heard. RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 6 2004 A Local Law entitled "A Local Law in relation to a new Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The Town of Southold possesses a rich heritage of scenic, historic and natural resources which are vital to the town's sense of place and to its economic success as a community. The upland acreage of Southold Town, including Fishers Island, is approximately 34,369 thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north by the nationally recognized estuary of Long Island Sound and to the south by the nationally recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than 2,000 acres of underwater lands, not including Sound and bayfront owned by the State of New York. The local economy is based on two traditional industries and a third, newer, but strong industry: farming, recreational and commercial fishing and tourism/second homes. The economy is based squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and sensitive. Protection of that environment therefore is of utmost importance to the Towns financial health and long-term future. Rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of the Town wetlands and patent lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. The comprehensive planning objectives of the Town of Southold are: 1) the preservation of Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of farmland and agriculture. In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and minor subdivisions and approvals for multidwelling development. The purpose section of that moratorium stated in part that "The Town Board finds that increased growth and development within the Town of Southold are placing severn pressure on water supply, agricultural lands, open and recreational space, the rural character of the community and natural resources located within the Town." One of the primary tools implemented by the Town to protect its natural resources is Chapter 97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in Chapter 97 should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality is that the laws set forth in Chapter 97 did not have the effect of protecting wetlands and wetland boundaries. Two critical studies and analysis which include the Town's wetlands, wetland boundaries and natural resources are 1) the Town's Local Waterfxont Revitalization Program (LWRP) and 2) the Peconic Estuary Comprehensive Management Plan. After years of study, fact gathering and writing, the LWRP for the Town of Southold and the Comprehensive Peconic Estuary Management Plan have been adopted. The LWRP is a comprehensive plan for the entire Town. As waterfront land has, in certain instances, been inappropriately developed, Town waters and habitats have been negatively impacted. One example of this is the closure of shell fishing areas such as Mattituck Creek and James Creek due to an increase of coliform bacteria from septic systems and stormwater runoff, to name just two SOurCeS. There has been a significant increase in the applications for and the numbers of fixed and floating piers and docks accessory to upland residential and other uses. Most of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and values, development patterns and the aesthetic character of the area. Therefore it is essential to regulate the type and placement of such structures. The Board of Trustees and the Town have used the moratorium time during the year 2003 and early 2004 to evaluate the current status of the wetlands areas and regulations in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation, ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft, pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement.. The Town and the Board of Trustees have considered and implemented the LWRP and the best land use techniques for protecting its waterfront resources. The Town Board declares that it is necessary to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Docks shall be regulated in order to maintain and contribute to the following resource area values and the attributes and fimctions they possess: erosion and sedimentation control; storm damage prevention; water pollution conlxol; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aesthetics; and recreation. In addition, the following resource area values also shall be maintained and protected including: protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; navigation; public access to water and land; and the minimization of the impact of new development, reconstruction and/or expansion on the resource area values listed above. This moratorium addressed the fact that new growth in the form of new structures on existing waterfront lots and underwater lands poses a similar potential to impair the Town's unique environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be vacant or developed, residentially or commercially zoned, do not conform to current zoning in that they are smaller than the minimum required acreage. Therefore, the development and redevelopment of these lots is of utmost concern because these activities have the potential to cause further harm to the coastal environment. This moratorium has enabled the Town and the Trustees to focus on crafting and implementing a strategy and a working code to ensure that the comprehensive planning objectives of the Town are met. This is necessary in order to protect the character, natural resources and environment of the Town of Southold and the public health, safety and welfare of Town residents. II. Chapter 97 of the Code of the Town of Southoid is hereby amended as follows: The existing Chapter 97 is stricken in its entirety and replaced with the following: Chapter 97, WETLANDS AND SHORELINE GENERAL REFERENCES Boats, docks and wharves -- See Ch.32. Environmental quality review -- See Ch.44. Flood drainage prevention -- See Ch.46. Shellfish -- See Ch.77. Soil removal -- See Ch.81. Zoning -- See Ch.100. Subdivision of land -- See Ch. Al06. Coastal erosion -- See Ch. 37. ARTICLE I, General Provisions § 9%10. Title. This chapter shall be known and may be cited as the "Wetlands Law of the Town of Southold." § 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. ACCESSORY STRUCTURE - A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. AESTHETICS - The natural intrinsic appearance of a site or object in the context of surrounding land use, views, viewsheds and vistas important to the community. ADMINISTRATIVE PERMIT - A permit intended to provide an expedited review for projects that are deemed consistent with the Tmstee's policy regarding protection of wetland resources. AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. APPLICANT - The party applying for permits or other approval pursuant to Chapter 97. APPLICATION - The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant pursuant to Chapter 97. AQUACULTURE - The raising or cultivation of nursery spawn shellfish in artificial containment systems in, on or off bottom. AS-BUILT PLANS - Plans prepared to scale by a licensed surveyor detailing any and all operations conducted according to a valid permit. BAY - Cutchogue Harbor, Gidds Bay, Great Peconic Bay, Hallocks Bay, Hog Neck Bay, Little Peconic Bay, Long Beach Bay, Orient Harbor and Southold Bay. BEACH - The zone of uncousolidated earth that extends landward from the mean low water line to the seaward toe ora dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BLUFF - Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. BLUFF LINE - The landward limit of a bluff that is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. BOAT/VESSEL - Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks. BOARD - Unless otherwise indicated, the Board of Trustees of the Town of Southold. BUFFER AREA - A defined area landward of a wetland boundary, coastal erosion hazard line or bluff line measured as a linear distance, perpendicular to said boundary. BULKHEAD - A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. This definition excludes gabions and revetments. CATWALK - An elevated walkway, usually built to gain access to a commercial or residential dock, built at a fixed height above grade and which is constructed landward of the high water mark. CLEARING - Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting or burning vegetation, severing, topping or lopping branches limbs stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation. This definition also includes removal of dead and dying vegetation. CLERK - Unless otherwise indicated, the Clerk of the Board of Trustees. COASTAL EROSION HAZARD LINE - The landward boundary of the Coastal Erosion Hazard Area defined by Article 34 of the New York State Environmental Conservation Law. COMMERCIAL AGRICULTURE - Agriculture (See above) intended to earn an income. COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used and/or intended for use other than as a residential dock, as defined in this chapter. CONSERVATION - Protection in natural or existing condition. CREEKS - Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corey Creek, Dam Pond, Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull Pond, Hallock's Bay, Halls Creek, Hashnmomuck Creek, Haywaters Cove, James Creek, Jockey Creek, Little Creek, Long Beach Bay, Mattituck Creek, Mattituck Inlet, Mud Creek, Paradise Point Creek, Pipes Neck Creek, Richmond Creek, Town Creek, West Creek, West Harbor, West Lake, Wickham Creek, Wunnewata Lagoon and Wunnewata Pond. CRITICAL ENVIRONMENTAL AREAS - All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. DECK - A structure and/or platform without a roof that is either fi'eestanding or attached to a building supported by pillars and/or posts constructed of various materials. DECKING - Horizontal structural components of a dock, deck, pier or other shoreline structure intended to be walked upon. DOCK - Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks". DOCK LENGTH - The length of a dock, including all fixed docks, ramps, floating docks and mooring piles, as measured from the most landward portion of the structure to the seaward-most portion of the dock or the seaward-most mooring pile, whichever distance is greater. DUNE - A ridge or hill of loose, windblown or artificially placed earth, the principal component of which is sand. EROSION CONTROL - Actions taken or structures installed to prevent the wearing away of the land or loss of soil by the action of water, ice or wind. Erosion control typically relates to stabilization of unvegetated soils resulting from excavation, grading, stockpiling, construction or other activities. FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which extends seaward from the high water mark or a point landward. FLOATING DOCK - Any structure, raft or floating platform which is designed to float upon the surface of a waterbody and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. FUNCTIONAL BULKHEAD - A bulkhead that is at least 75 % physically intact and serving the purposes it was designed for. FUNCTIONAL JETTY/GROIN - A jetty or groin that is at least 75 % physically intact and serving the purposes it was designed for. GABION - A shoreline structure consisting of stone and/or rock enclosed in a mesh cage or similar designed to stabilize soil or sediments. GROIN - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Jetty HABITAT - The place where a plant or animal species naturally lives and grows; or characteristics of the soil, water, and biologic community (other plants and animals) that make this possible. HABITAT FRAGMENTATION - Destruction or impairment of habitat such that it results in breaks in areas of contiguous habitat. Habitat fragmentation can also cause a greater distance between adjacent (non-contiguous) habitats. These actions prevent the transfer of organisms, natural materials and energy within a habitat. Habitat fragmentation can result from the placement of physical barriers within a contiguous habitat or between adjacent habitats, but can also occur as a result of removal of vegetative cover, changes in sediment characteristics and/or changes in hydrology. HARVESTING - The gathering or collecting of natural resources and organisms. HORTICULTURE - The raising of plants (See Agriculture). IMMEDIATE PROJECT AREA - The minimum area required to allow access to the site by the machinery conducting the operation. JETTY - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Groin. IMPERVIOUS SURFACE - Any hard surfaced, manmade area that does not retain or absorb water including but not limited to building roofs, paved parking lots and driveways, sidewalks and other paved areas. LANDWARD - In the opposite direction from the water or wetland. LOW-PROFILE JETTIES - The definition of a low profile jetty is site specific, but typically is a structure no higher than 18-24" above existing soil or sediment grade. LOW-SILL BULKHEAD - A sub tidal structure designed to stabilize the toe of a slope or shore and often associated with boat basins or other navigable waterways. MANMADE POND - A constructed inland body of water including, but not limited to lined and un-lined irrigation ponds and ornamental ponds. MAINTENANCE DREDGING - A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged. MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited, providing moorings, dockage or other marine services primarily for power and sailing yachts, launches or other watercraft, other than floating homes, and which may also be capable of removing any and ail watercraft moored or docked within the marina from the water for repair and/or storage. MATERIAL - Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, organic or inorganic. MEAN HIGH WATER (MHW) - The average of all the water heights observed over the most previous 19 year period. MEAN LOW WATER (MLW) - The average of all the low heights observed over the most previous 19 year period. MONOPOLIZE - The use for an unreasonable period of time to the exclusion of others or to unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Town of Southold. MOORING - Anchoring for greater than 24 hours. NON DISTURBANCE BUFFER- An area, typically fifty (50) wide, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance or other activities can take place. NON TURF BUFFER - Any pervious, material allowing for percolation of surface runoff into the soil, Examples include: natural vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to pemolate into the ground directly below the structure. Fertilizers may not be used within the non turf buffer area. OPERATIONS - A. The removal of material from wetlands or otherwise within Trustee jurisdiction. B. The deposit of material on wetlands or otherwise within Trustee jurisdiction. 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. D. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE - Actions which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. ORIGINAL STRUCTURE - The earliest known, permitted or otherwise documented structure. PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of the Andros Patent (October 31, 1676). PEAK LUNAR TIDES - Those excessively high tides or spring tides caused by lunar gravitational phenomena. PERSON - Any individual, any combination of individuals, firm, partnership, association, society, corporation, joint-stock company, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions thereof. PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. See Wharf. PIER LINE - The average seaward projection of one or more existing permitted docks, piers, wharves or floats. The average seaward projection is calculated by adding the length of all docks within the immediate area and dividing by the number of said docks. PLATFORM - See Deck. POND - An inland body of water. PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure, use or lot that is not otherwise permitted but which is allowed to continue solely because it was lawfully existing prior to the effective date of the original law or ordinance or prior to any subsequent amendment, as the case may be. Any determination of lawful existence must at least include a review of prior land use laws and ordinances. PROACTIVE RESTORATION - Restoration undertaken solely for the benefit of the natural environment and not associated with compensatory mitigation or other regulatory requirements. Proactive restoration typically includes planting of beneficial native vegetation (i.e. vegetative enhancement) in a natural setting at a time, place and in a position that are conducive to future survival and growth. RESIDENTIAL - Associated with a single or multiple family home, apartment or condominium, excluding marinas and public property. RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term dock shall include all associated structures such as ramps and mooring piles. RESIDENTIAL HORTICULTURE - The raising of plants for ornamental purposes on residential lots. RESOURCE BUFFER AREA - A buffer area with specific quantifiable natural resource value. RETAINING WALL - A bulkhead landward of the wetland boundary. REVETMENT - A shoreline hardening structure landward of the wetland boundary typically constructed of rock or stone. See Oabion. R1PRAP - A layer, facing or protective mound of rubble or stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also the stone used for this purpose. SETBACK - The minimum distance by which any building, structure or operations must be separated from a wetland boundary, coastal erosion hazard line or bluff line. SHEATHING - Vertical structural components of a bulkhead or retaining wall necessary to keep soil and sediment from passing through the structure. SHORELINE STRUCTURE - Any intentionally constructed structure on the shore composed of manmade or natural materials. See Structure. SILT BOOM - A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surrounds the project area. SOUND - Long Island Sound, Fishers Island Sound and Block Island Sound SPAWNER SANCTUARY - An area of bottom designated by the Trustees for the purpose of protecting and enhancing shellfish populations for a specific period of time. SPLIT-RAIL FENCE - A linear fence structure composed of posts and rails. STRUCTURAL COMPONENTS - Pilings, deadmen, rails, whalers and other significant components used to hold together and anchor docks, piers, wharves, jetties, groins and other shoreline structures. 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; or any addition to or alteration of the same. SUBTIDAL - Existing at or below mean low water. TIDAL WATERS - All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. TOWN - The Town of Southold. TOWN WATERS - All the waters lying over Patent Lands (See definition). TROPICAL HARDWOOD - Any of a number of species of hardwood harvested fxom areas situated in the tropics (the region on either side of the equator). TRUSTEES - The Board of Trustees of the Town of Southold. VEGETATED WETLANDS - Any and all wetland types supporting or capable of supporting emergent, submerged or floating-leaved vegetation as described in Chapter § 97-11. "WETLANDS (FRESHWATER)" and "WETLANDS (TIDAL)." WHARF - See Pier. WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include, but are not limited to commemial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat building facilities, navigation aides, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. WETLAND BOUNDARY OR BOUNDARIES OF WETLAND - Wetland ecosystems generally posses three essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and (3) wetland hydrology. The wetland indicator status of all plants can be found in The National List of Plants that Occur in Wetlands (USFWS). The wetland boundary is most easily determined by defining the outer limit of the vegetation specified in the definition of freshwater, brackish or tidal wetlands. The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. For freshwater wetlands that frequently lack standing water (shrub swamps, deciduous swamps, coniferous swamps and wet meadows) vegetation alone may not be adequately diagnostic for identification of a wetland boundary. In these wetland types, field verification of wetland hydrology and/or hydric soils might be required to define the boundary. The methodology used to determine this boundary shall be the same methodology utilized in the New York State Department of Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act. WETLANDS (FRESHWATER) - A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions l(a) to l(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, among others, red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricina); (b) Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), common winterberry (Ilex verticillata) leatherleaf (Chamaedaphne calyculata), and swamp azalea (Rhododendron viscosum); (c) Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), common reed (Phragtnites australis), wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alismaplantago-aquatica); (d) Rooted, floating-leaved vegetation, including, among others, water-lily (Nymphaea odorata), water shield (Brasenia schreber0 and spatterdock (Nuphar spp.); (e) Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.); (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 vegetation, including, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis spp.); (g) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarrace. nis purpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos); or (h) Submergent vegetation, including, among others, pondweeds ( Potamogeton spp.), n~ads ( Najas spp.) bladderworts ( Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.) muskgrass (Chara spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) and water smartweed (Polygonum amphibium). (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. (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). WETLANDS (TIDAL)- A. All lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; B. All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass (Spartina patens), black grass (Juncus gerardiO, saltworts (Salicornia spp.), sea lavender ( Limoneum spp.), marsh elder (Iva frutescens), groundsel ( Baccharis halimfolia), marshmallow (Hibiscus spp. ) WIDTH OF CREEK - The distance across a creek from mean low water to mean low water, perpendicular to the main channel directly in from of the subject parcel. WALER - Structural member of a bulkhead used to hold the sheathing behind the pilings. Normally there are top and bottom walers. WHARF - See Pier. § 97-12. Declaration of Policy, Jurisdiction and Setbacks. A. Findings: The Town Board of the Town of Southold finds that rapid growth, the spread of development and increasing demands upon natural resources are encroaching upon or eliminating many of its wetlands and patent lands, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, social, aesthetic, recreational and economic assets to existing and future residents of the Town of Southold. In addition, there has been a significant increase in the applications for and the numbers of fixed and floating piers and docks accessory to upland residential and other uses. Most of these structures and the uses they support are on and in publicly owned land and waters and always have some effect on physical, biological, ecosystem functions and values, development patterns and the aesthetic character of the area. Therefore it is essential to regulate the type and placement of such structures. B. Purpose: It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, 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; (2) (b) (c) (d) (e) (0 Driveway - fifty (50) feet; Sanitary leaching pool (cesspool) - one hundred (100) feet; Septic tank - seventy five (75) feet; Swimming Pool and related structures - fifty (50) feet; Landscaping or gardening - fifty (50) feet; 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: (1) The ordinary and usual operations incidental to the harvesting of fish and shellfish. (2) The ordinary and usual operations relative to conservation of soil, vegetation, fish and wildlife landward of the wetland boundary. (3) The ordinary and usual operations relative to pre-existing commercial agriculture and horticulture landward of the wetland boundary. (4) The ordinary and usual operations relative to residential horticulture landward of the wetland boundary. (5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently permitted, existing building, dock, pier, wharf, jetty, groin, dike, dam or other water control device or structure. (6) Environmental testing activities, including test borings, small volume soil sampling, environmental assessment and inventory activities provided such operations do not have an undue adverse impact on the wetlands and tidal waters of the town. (7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97-11). (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. B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of Trustees. ARTICLE II, Permits § 97-20. Permit procedures. A. Permit required. Notwithstanding any prior course of conduct or permission granted, no person shall conduct operations on any area within Trustee Jurisdiction (§ 97-12 C) without first obtaining a written permit therefor issued by the Trustees as hereinafter provided and only while such permit remains in effect. B. Administrative Permit. The Administrative Permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by § 97-12 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas applicants may request an Administrative Permit review. This review does not relieve the applicant of providing all the application requirements (§ 97-21) or obtaining permits from other jurisdictions including, but not limited to New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the Administrative review process, each application will be reviewed by at least one member of the Board. See 97-23H for details of approval. The following operations will be considered for Administrative review: (1) Construction, installation or removal ora split-mil fence, open arbor, trellis or other similar structure, provided that such operation will not have an undue adverse impact on the wetlands and tidal waters of the town. Concrete footings are not permitted within wetlands. (3) Removal of any material or structure provided that a project limiting fence and a silt fence with hay bales is installed to contain disturbance if deemed necessary and provided that such operations will not have an undue adverse impact on the wetlands and tidal waters of the town. (4) Construction of additions to the landward side of an existing functional single- family dwelling, where such dwelling generally lies parallel to the wetland boundary and provided that all new and existing rtmoffis captured on site. Such addition must be less than or equal to 25% of area (foot print) of the existing structure. (5) Remodeling, renovation or reconstruction of a structure provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (6) Construction of accessory structures for existing single-family dwellings provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town and the setback is no less than fifty (50) feet. (7) Construction or improvement of pervious residential driveways or walkways provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (8) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (9) Construction or installation of drainage structures for the retention of runoff provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the town. (10) Cutting of common reed (Phragmites australis) to within twelve (12) inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. (11) The construction of a permitted bulkhead, which is to replace an existing functional bulkhead, subject to the following: (a) that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead, and (b) the new bulkhead is in the same location as the existing bulkhead. 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). § 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) 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: (1) The name and address of the applicant and the source of the applicant's right to perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all cases where the applicant is not the owner of the premises where such operations are proposed to be conducted, the notarized consent of the owner, duly acknowledged, must be attached to said application. (2) A schedule for the proposed activities with a completion date. (3) The purpose of the proposed operations. (4) The amount of material proposed to be removed or deposited, and/or the type, size and location of any proposed structure. (5) A description of the area from which the removal or in which the deposit of material is proposed, or in which structures are to be erected. The description shall be appropriately referenced to a permanent reference point or monument. (6) The depth to which the removal or the deposit of material is proposed throughout the area of operations, and the proposed angle of repose of all slopes. (7) The manner in which the material will be removed or deposited, or structures erected. (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 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 he 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. (9) A statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations. (10) A statement describing any known prior operations conducted on the premises in question and whether any prior licenses to permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a govemmental agency. (11) Documentary proof of permits that have been applied for, are pending, and have been granted including but not limited to NYSDEC, Suffolk County Health Department, USACOE. (12) A description of how the proposed activities will be mitigated including erosion control, re-planting and restoration, designated points of access. All proposed operations will be clearly defined on a survey and described in a project narrative. The Trustees reserve the fight to require specific re-planting and restoration methods. Any re-planting and restoration guidelines shall be in keeping with guidelines set by the Town of Southold. (13) Current photos of the subject area showing the proposed area of operations from at least two opposite directions. Each photo should be labeled with the date, time and direction. The location of the photos shall be noted on the survey, project plan or provided on a separate sketch map. (14) Drainage upgrade. At the discretion of the Board non-administrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed onsite drainage from a fwo (2) inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification fxom a licensed engineer. (15) All pon'nit applicants shall submit to the Board of Trustees an affidavit signed by the owner of the project property which indemnifies and saves harmless the Town of Southold from any claims arising out of or connected with operations under the permit and from all acts, omissions, commissions or negligence on the part of the applicant, his agents or employees, in such form as shall be approved by the Town Attorney. (16) An Ethical Disclosure statement as provided by the Town of Southold relating to applications for permits and other governmental requests. (17) A statement indicating that submission of false information will result in rejection of the application and may subject the applicant to criminal sanctions. B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 97-21A 8, 11, 14 or § 97-27, 2 where it finds that the nature of the proposed oporations is such that the requirements of such provisions are not necessary for a propor consideration ora permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. § 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. For structures that have been previously built without a permit the fee will be doubled. B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the mount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit. Inspection fee costs will be based on a $50 per site visit. C. Pursuant to New York State Law, all costs incurred by the Town for SEQRA review shall be paid by the applicant. D. Consultant Fee: The Board, at its discretion, depending on the scale and potential impact of proposed operations, is authorized to require the posting of a Consultant Fee by an applicant. This fee shall be used to hire an independent, expert consultant to investigate the site for the proposed project and to examine the plans or other information submitted by the applicant to assist the Board in evaluating potential adverse impacts upon a resource area by the proposed project. The Board in its discretion will determine whether the complexity of the activity, the difficulty in determining the threat to the resource areas or the size of the request or project involves and requires more information and analysis than can reasonably be supplied to the Board without independent technical professional assistance. (1) The Board may require the payment of the Consultant Fee at any time in the deliberations prior to a final decision. (2) The Consultant Fee may be required for expert opinion regarding, but not limited to, wetland resource area surveys and delineations, analysis of resource area values, wetland resource area reports, hydrological and drainage analysis, wildlife habitat analysis, shellfish surveys, and environmental land use law, or any of the following: (a) placement, removal or grading of at least fifty (50) cubic yards of material; (b) five hundred (500) square feet or greater alteration of a resource area; (c) shoreline or bank alteration to a coastal or inland waterway; (d) five hundred (500) square feet or greater alteration to land in a naturally vegetated condition that constitutes a resource buffer area; (e) discharge of any pollutants into or contributing to surface or groundwater of the resource area; (f) construction of any stormwater control facility, or water control structure; or § 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 no fee for this conference. B. Investigation and coordination. Upon receipt of the application, the Clerk shall forward one (1) copy thereof to the Conservation Advisory Council, when appropriate, one (1) copy to the Planning Department, one (1) copy to the Zoning Board, and one (1) copy to be filed with the office of the Trustees. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the town that may result from the proposed operations and shall, within twenty (20) days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response is received within 20 days the application is not subject to further Conservation Advisory Council review. C. All paperwork relative to an application shall be submitted at least seven (7) days before the scheduled hearing. The submittal of additional paperwork after this tune may result in delays in processing of the application. D. Hearing. The Trustees shall hold a public hearing on such application. Notice shall be provided pursuant to Chapter 58 of the Town Code. E. Action. After the public hearing on such applications, the Trustees shall either adopt a resolution directing the issuance of a permit or adopt a resolution denying the application. A resolution directing the issuance of a permit may be adopted only if the Trustees find that the proposed operations will conform to the standards set forth in § 97-27 hereof. If the Trustees adopt a resolution denying an application for a permit, the reasons for such denial shall be set forth in the resolution. F. Modifications and Amendments. Any and all modifications and amendments of existing permits shall be reviewed by the Trustees in accordance with the standards set forth in this chapter, and may be subject to public hearing. G. Tabled applications. If an applicant tables an application for' any reason it will be considered withdrawn if it does not go to public hearing within four (4) months of the time it was tabled. After such time the applicant will have to reapply for a permit. H. Administrative Permits. An Administrative Permit is deemed to have no adverse impact on the wetlands and tidal waters of the town, and a public hearing and notice are not required prior to issuance ora permit. The final decision will be made upon resolution. § 97-24. Issuance of permit: conditions; inspection fees; performance guarantee. The Trustees may, upon the adoption of a resolution directing the issuance of a permit: A. Impose such conditions on the manner and extent of the proposed operations as it deems appropriate, consistent with the purpose of this chapter. B. Fix the time by which operations must be commenced and within which they must be completed. C. Require the payment of inspection fees. D. Under certain circumstances the Board may require the submittal of"as-built" plans, upon completion of operations, stamped by a licensed surveyor and/or engineer. E. Performance Guarantee. The Trustees may require a performance guarantee to ensure the proposed operations are conducted in compliance with a permit. If the work is not conducted as described in the permit or such work is causing harm to the protected resource, notice will be given in writing. The Board may require, as a permit condition, that performance and observance of other conditions be secured by one or both of the following methods: (1) Bond; (2) deposit of money; (3) negotiable securities; or (4) other undertaking of fmancial responsibility. F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by the Clerk, file with the Clerk a certificate that the contractor chosen to perform the work under the permit has liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit, which said policies shall name the town as an additional insured. § 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: A. The name of the permittee. B. The date of issuance and expiration of the permit. C. A schedule of when operations will be conducted. D. The conditions imposed by the Trustees on the issuance of the permit. E. The specific location of the areas to be affected by the operations of the permittee. F. A statement that: "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessat% the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G. A statement that: "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the town and its officers, agents and employees from any and all claims arising fi.om operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. H. A statement that: "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the Performance Guarantee (97-24E)." I. A statement that: "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." J. A statement that: "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 97-29)." § 97-27 Construction and Operation Standards A. General. The following standards are required for ail operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the sites drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 97-21(14) for requirements. (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than homes on either side of the subject lot. (4) Fences. Only split rail fences are allowed on beaches. Fences on beaches shall not be closer than ten (10) feet to MHW. Only one posted sign per one hundred (100) linear feet offence is allowed. Posted signs shall be no larger than twelve (12) inches by twelve (12) inches square. (5) Swimming pools. Applications for new pools must include a description of how all pool drainage will be retained onsite using dedicated drywells or similar structures. All future pool drainage shall be discharged to this dedicated system. (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than sixteen (16) square feet. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 97-11) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of non disturbance buffers. 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 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 do not apply to structures proposed landward of the wetland boundary. (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. 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. (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. (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. General Rules 1. No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in paragraph § 97-27d, below and all other provisions of this law. 2. All docks shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, supporting pedestrian traffic, and resisting lateral loads resulting from wind, wave, and impact forces. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural integrity of the dock so as not to cause a threat to the person or property of others. 3. 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"), commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. 4. All docks and gangways onto such docks shall provide a safe pedestrian surface at all times. 5. Ail docks, including any vessel tied to the dock, shall have a minimum clearance of fifteen (15) feet of the seaward extension of any property line from adjacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or other reasons. Waterside boundaries can be identified using the appropriate method for the shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5. 6. All docks and floats shall have the appropriate permit number permanently affixed to the most seaward face for identification. Said numbers shall be at least three (3) inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. 7. Except for structures used for water dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. 8. Any application for a dock to be constructed at the end of a right of way or commonly-held land requires the written consent of all parties having an interest in the right of way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. 9. All applicants for docks, including catwalks and rumps, 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 around said dock or by steps or a ramp allowing pedestrian passage. 10. Pre-existing non-permitted and/or non-conforming structures cannot be replaced in kind without full review and approval by 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 characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Depamnent of State Significant Habitat descriptions, no new docks will be permitted, (c) 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] Floating docks, other floats and dock components and duck blinds shall not be stored on tidal wetlands, other intertidal areas or freshwater wetlands. 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. [dj 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. [el 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 mil 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"x4" in dimension. [h] Residential catwalks and ramps are limited to four (4) feet in width. (d) [i] Residential boatlifts are prohibited. 2. Commercial Docks (Marinas, Yacht Clubs and Restaurants): Given the water dependant nature and economic benefit of properties zoned as M1 and M2, dock design constraints and placement restrictions will be given greater flexibility than would otherwise be allowed for residential uses. [a] Construction of new marinas and additions to existing marinas shall require establishment of a pump-out facility for vessel sanitary waste. Review and Approval of Dock Applications 1. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [a] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [b] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water dependant activities; [c] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [dj Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [e] Whether the dock will cause degradation of surface water quality and natural resources; [f] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [g] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritirna) or shellfish; [i] Whether the dock will unduly restrict tidal flow or water circulation; Ii] Whether the dock will be safe when constructed; [k] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [1] Whether the cumulative impacts of a residential and commemial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [m] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service (3) Dredging. (a) Creeks: (1) Maintenance dredging (as defined in § 97-11) only is permitted, unless applicant owns underwater land or applicant is requesting permission to dredge in connection with installation of Iow sill bulkheads. (2) Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. (3) Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited. Co) Freshwater wetlands: (1) Dredging of fi'eshwater ponds may be permitted when it can be demonstrated that such action will restore the waterbody to a historic condition, improve water quality or habitat value. § 97-28. Standards for issuance of permit. The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation or the natural habitat thereof. G. H. I. town. J. Increase the danger of flood and storm-tide damage. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the Change the course of any channel or the natural movement or flow of any waters. Weaken or undermine the lateral support of other lands in the vicinity. Otherwise adversely affect the health, safety and general welfare of the people of the Adversely affect the aesthetic value of the wetland and adjacent areas. § 97-29 Certificate of Compliance. A certificate of compliance shall be issued by the Trustees prior to use or occupancy of a structure, which has been erected, enlarged, or altered pursuant to the issuance of a permit in this Chapter. §97-30. Transferability. A permit issued pursuant hereto shall not be transferred or assigned without the prior approval and review of the Trustees. The fee for transferring said permit shall be fifty ($50.00) dollars. ARTICLE III, Administration and Enforcement § 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 unlawfifl for any person served with a notice of violation pursuant to § 97-31C to fail to comply with such notice. § 97-33. Heating 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 ten (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 (5) 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 therefore. D. The notice of violation for which a heating is requested shall continue in effect pending the hearing and determination of the Trustees. § 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 fmc 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. (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. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk