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Home My WebLink AboutTB-10/05/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631)765 - 1800 southoldtown.northfork.net SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES 2. 3. 4. 2. 3. 4. 2. 3. 4. 5. 6. 7. 8. October 5, 2010 7:30 PM A Regular Meeting of the Southold Town Board was Meeting Hall, 53095 Main Road, Southold, NY. PM with the Pledge of Allegiance to the Flag. Call to Order ~:ff 7:30 Pt4 Meeting called to order on october 5,'%~2~0 at Southold, NY, ~ ' I. Reports Island Group Employee Recreation Dept Highway Department Judge Bruer Monthly II. Public Notice! ~-~ Liquor Licens~ US Army Col Suffolk Counl New Liquor Lie to Apply IV. DiscussiOn 9:00 A.M. - T~t6es & CAC 10.00 A.M. - Mifi~ssa Sp~ro, John Sep, & Ray Huntington 9:30 A.M. - Lloyd Reisenberg & Leslie Weisman 10:15 A.M. - Melissa Spiro, Jim McMahon 10:30 A.M. - Jim McMahon 10:45 A.M. - Jeff Standish 11:00 A.M. - Hugh Switzer & Lillian Ball Appointment of P/T Clerk Typist in Recreation Dept./Assessors fiat the at 7:30 53095 Route 25, October 5, 2010 Page 2 Southold Town Board Meeting Minutes 9. Farmland Bond Policy 10. Trailer Application 11. Local Law- Deer Fences 12. Local Law - Noise Ordinance 13. Local Law - Mill Road Parking 14. 15. 16. Executive Session Motion To: Motion to enter into Executive Session On motion by Justice Evans, seconded by Councilman Rnland, it was RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 1:54 PM for the purpose of discussing the following items: Contracts, PBA collective negotiations pursuant to Article 14 of the Civil Service Law; Employment history of a particular person or persons. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Executive Session - Contract Negotiations Executive Session - Personnel Executive Session 12:30 P.M. Motion To: Motion to exit from Executive Session On motion by Justice Evans, seconded by Councilman Krupski, it was RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session at 2:35PM RESULT: ADOPTED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Resolution number 809 was placed on the agenda as a result of this Executive Session Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 21, 2010 ~ y~i~ Re,rd - ~ceptance of Minutes for September 2i, 2010 4:30 PM , Y~s/AYe N0~y Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Seconder [] [] [] [] [] Accepted as Amended ChristoPher T~!bo~ Voter [] [] [] [] [] Tabled Xib~ Krupski ~r. V0~er Louisa P. Evans Initiator [] [] [] [] Scott Russell v~ter [] [] [] [] October 5, 2010 Page 3 Southold Town Board Meeting Minutes Pledge to the Flag Opening Comments SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag. Thank you. What I would like to do is just go a little bit out of order this evening. We have a pretty packed agenda, as you can tell from the crowd. Three public hearings, we will be holding open comments for that shortly. In the meantime, what I would like to do is skip to one resolution. I am going to ask Officer Hudock and his family and the Police Chief Carlisle Cochran to please come forward. And Captain Flatley. Councilman Orlando read resolution 809. SUPERVISOR RUSSELL: Tom, congratulations. I know you will do an excellent job as our new police sergeant and look forward to having you (inaudible) as soon as possible. POLICE CHIEF CARLISLE COCHRAN: I would just like to thank the Board for their on going support of the police department in our ongoing quest to provide a better service to this community. Tom will do a good job. COUNCILMAN KRUPSKI: I am sure he will. We know that. COUNCILMAN TALBOT: Thank you. COUNCILMAN ORLANDO: Congratulations, Tom. SUPERVISOR RUSSELL: Congratulations and good luck. I would just like to say it is nice to see all the police officers showing up to support him. It is a very nice sight indeed. What I would like to do know is ask anybody that would like to address the Town Board on any of the agenda items to please feel free to come up now. Any of the agenda items. ROBERT (Inaudible): Good evening, my name is Robert (inaudible), I have been a resident of Southold since 2002. I first became aware of no noise ordinance in July 2006. I am thankful at this point in time that the Board is going to be talking about a resolution and hopefully adopting this ordinance and I feel it is necessary for the police officers, at least, who are on the street to have an additional tool to work, to take appropriate, action when it is appropriate, okay? I have an issue, I don't want to get in to an individual issue with the Board, I don't want to get to it. I do have it in a letter, a copy that I would like to present it to the Board and then I am overjoyed that you are finally addressing the issue. SUPERVISOR RUSSELL: Okay. Let me just ask if you could hold offon the submission until we get to the public hearing for the noise ordinance. ROBERT: Inaudible. SUPERVISOR RUSSELL: No, that is fine. I am happy, I hope everybody else saw the irony in October 5, 2010 Page 4 Southold Town Board Meeting Minutes not being able to hear the first part of what you said because of the noise but what we are going to do is we will get through the agenda items and then we are going to notice for the public hearings for the deer fencing, for the noise but I am glad that you spoke and I am happy to hear you again and also take this submission when we have the public hearing. Would anybody like to address any of the issues on the agenda, irrespective of the public hearings? (No response) Heating none. V. Resolutions 2010-775 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 5~ 2010. ~ Vote Rec0rd ~ Resolution RES-20~0~775 [] Adopted [] Supervisor% Appt ~Si~pber ~ boi ~a~ F~ E] E] ~ [] Tax Receiver's Appt . A!b~ ~p~k! ~r~ ~o~er ~ E3 ~ [3 [] Town Clerk's Appt Scoil Russell Vo~er 13 [] [] [] 2010-776 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 19, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-201~-776 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] 13 [] Supervisors Appt Cllfistopher Talbo[ Voter [] [] [] [] Tax Receiver's Appt A!b~ Krup~k! b" Voter [] [] [] [3 [] Rescinded Louisa P. Evans Initiator [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action October 5, 2010 Page 5 Southold Town Board Meeting Minutes 2010-687 Tabled 8/24/2010 4:30 PM, 9/7/2010 7:30 PM, 9/21/2010 4:30 PM CA TEGORY: Property Acquisition Purchase DEP~IRTMENT: Land Preservation Girards - SEQRA & Elect to Purchase Dev Rights TO BE TABLED WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by 6900 Wickham Avenue, LLC (Girards) on the 24th day of August, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM//1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 8.26+ acres (subject to survey) of the 10.1± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Commtmity Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold October 5, 2010 Page 6 Southold Town Board Meeting Minutes purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by 6900 Wickham Avenue, LLC (Girards), identified as part of SCTM #1000-107.-10-10.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na Absta n Absent [] Tabled WilIiam Ruland Initiator [~ [] [] [] [] Withdrawn vi~ ~l~do V~ier [] Supervisor's Appt Chri~iopher T~ ~i 9~er ~ [] Fl [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Seconder [] [] [] [] [] Supt Hgwys Appt $~0tt RU~$eii V0ier gl El [] No Action Next: Oct 19, 2010 4:30 PM 2010-777 CATEGORY: DEPARTMENT: Budget Modification Data Processing Budget Modification for Lightpath Monthly Fees Fiscal Impact: Voice, Data, Internet SVC - A.1680.4.200.100 account deficit of $13000.00 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $13,000.00 October 5, 2010 Page 7 Southold Town Board Meeting Minutes To: A.1680.4.200.100 Voice, Data, Intemet SVC $13,000.00 ~ ~t~ R~d ~Re~lufl6n RES-20~0-777 [] Adopted [] Adopted as Amended [] Defeated y~s/Aye No/N~y Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent ~i~fid~ ifiiiiai~r ~ [3 [] [] [3 Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] Rescinded Louisa P. Evans Voter E] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2010-778 CATEGOR~ DEPARTMENT: Budget Modification Human Resource Center HRC Walk in Refrigerator Repair Fiscal Impact: To reallocate funds for necessary walk-in refrigerator repairs. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: Appropriations A.6772.4.100.500 To: Appropriations A.6772.4.400.600 Programs for the Aging Supplies and Materials Motor Vehicle Parts/Supplies Programs for the Aging Contracted Services Equipment Maint. & Repairs $1,700.00 $1,700.00 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruiaml Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] i [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt ~ib~ Krupski Jr. initiator [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-779 October 5, 2010 Page 8 Southold Town Board Meeting Minutes CA TE G O R Y: DEPARTMENT: Attend Seminar Town Clerk Amend Resolution 2010-697 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-697 adopted September 7, 2010 by adding Gary Fish, Building Inspector, to the list of attendees as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Inspector Gary Fish~ Building Permits Examiner Patricia Conklin, Zoning Inspector Damon Rallis, Fire Inspector Robert Fisher and Chief Building Inspector Michael Verity to attend a seminar on 2010 Code Update in Quogue, New York, on September 21, 2010. All expenses for registration, travel to be a legal charge to the 2010 Building Department budget (meetings and seminars). ~Vote RecOrd ~ Resolution RES-2010.779 [] Adopted [] Adopted as Amended [] Defeated ~s/Ay~ No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [3 Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [3 [] [] Tax Receiver's Appt Albert Krupski Jr. V~r Fl [3 [] FI [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-780 CA TEGO R Y: DEPARTMENT: Employment - FIFD Accounting Salary Increase for P/T Deckhand Robert Sasso WHEREAS the Board of Commissions of the Fishers Island Ferry District adopted a resolution at their September 21, 2010 meeting to increase the salary of Part Time Deckhand Robert Sasso to $11.00 per hour as a result of his obtaining his Captains license and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Part Time Deckhand Robert Sasso to $11.00 per hour effective September 30, 2010. October 5, 2010 Page 9 Southold Town Board Meeting Minute~ ~ Vote Record , Resol~tlon RES-20!0-780 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] : [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] : I~ [] [] Tax Receiver's Appt ~!bert Kmpski Jr. Voter [] [] [] i [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~1 [] [] [] [] Supt Hgwys Appt [] No Action 2010-781 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Salary Increase for Frank R. Smith H WHEREAS the Board of Commissions of the Fishers Island Ferry District adopted a resolution at their September 21, 2010 meeting to increase the salary of Part Time Deckhand Frank R. Smith II to $12.25 per hour as a result of his obtaining his Captains license and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Part Time Deckhand Frank R. Smith II to $12.25 per hour effective September 30, 2010. f ~ote ReeOrd. Resolution RES~2010.751 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland iniiiai0r [] [] [] [] [] Withdrawn ~ifi~i Or ~cl~ Seconder r~ [] El ~ [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!~~ ~pski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] El [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [23 No Action 2010-782 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Accept the Resignation of Anne Trimble from CAC RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Anne Trimble from the Conservation Advisory Council, effective immediately. October 5, 2010 Page 10 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Xib~ ~Pski Jr. §ec0nder ~ ~ FI ~ [] Rescinded Gdi~ Pi ~vahS Ooier [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-783 CATEGOR~ DEPARTMEN~ Budget Modification Recreation Budget Modification - Recreation Fiscal Impact: The financial impact is negligible as the recreation department has funds available by not having a part- time clerk typist for quite some time now. (to cover seasonal employee beach payroll costs for lifeguards and beach attendants) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town, as follows: FROM: A7020.1.200.100 Recreation $1,272.92 Personal Services Part Time Employees TO: A. 7180.1.300.100 Beaches $1,272.92 Personal Services Regular Earnings ~ Vot~ R~d; ReSOlutiOn RES-2010~783 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher TalbOt Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] * [] [] [] [] Rescinded Louisa P. Evans Voter ~ [] Fl [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-784 CATEGORY: Budget Modification October 5, 2010 Page 11 Southold Town Board Meeting Minutes DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: Using full time regular earnings, already in the budget from a dispatcher who transfered to another town, to cover overtime earnings incurred due to another dispatcher who has been out sick. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as foflows: From: A.3020.1.100.100 To.' A.3020.1.100.200 Public Safety Communications Regular Eamings $20,000 Public Safety Communications Overtime Earnings $20,000 1~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder []ii [] i [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] El [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] r3 [] [] [] Supt Hgwys Appt [] No Action 2010-785 CA TEGOR Y: DEPARTMENT: Attend Seminar Land Preservation 30Th Annual L1 Ag Forum WHEREAS, the Land Preservation Committee has made a recommendation to the Town Board that the Town of Southold participate as a vendor in the 30th Annual Long Island Agricultural Forum taking place on January 13 & 14, 2011, at the Eastem Campus of Suffolk County Community College in Riverhead, New York; and WHEREAS, it has been recommended that Melissa Spiro, Land Preservation Coordinator, and/or a member(s) of the Land Preservation Committee, attend this event as a forum participant at a complimentary exhibitor's booth to promote farmland preservation programs within the Town of Southold; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute an Outside Vendor Contract 2011 Ag Forum exhibitor's contract between October 5, 2010 Page 12 Southold Town Board Meeting Minutes Comell Cooperative Extension of Suffolk County and the Town of Southold for the purpose of participating in the 2011 Ag Forum sponsored by Cornell Cooperative Extension of Suffolk County at Suffolk County Community College/Eastern Campus, 121 Riverhead-Speonk Road, Riverhead, New York on January 13 & 14, 2011; and, be it further RESOLVED that the Town Board of the Town of Southold hereby grants permission to Melissa Spiro, Land Preservation Coordinator, and/or a member(s) of the Land Preservation Committee, to attend the 30th Annual Long Island Agricultural Forum as a representative of the Town of Southold. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye NoE~ay Abstain Absent [] Tabled William R~land SecOnder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Chhs(~ph~ t~ boi r~ ~ ~ [] Tax Receiver's Appt A!b~ ~p~k! ~r ~9~er ~ U [] [2] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter gl [] [] [] [] Supt Hgwys Appt [] No Action 2010-786 CATEGORY: DEPARTMENT: Attend Seminar Public Works MS4 Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Richter~ Town Engineer~ to attend a seminar on MS4 Pathogens Watershed Improvement Strategy, the NYS DEC Offices, East Setaukeh NY, on October 21, 2010. There are no fees or charges for this seminar. ~ V0le Record. Res01ution RES.2010~786 : [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rdiand initiator ~ 13 [] [] [] Withdrawn ~ih~i ~i~d~ 9~ier I~ ~ F1 0 [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] : 13 [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-787 CATEGORY: DEPARTMENT: Budget Modification Public Works Deer Management Program October 5, 2010 Page 13 Southold Town Board Meeting Minutes Fiscal Impact: Authorized by Resolution 2010-758, Rental ora vehicle for transportation of deer harvested as part of the Town of Southold's Deer Management Program to a food pantry in Oakdale, NY. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Whole Town, General Fund budget as follows: From: A.1990.4.100.100 Unallocatcd Funds $5,400 To: A.1620.4.400.800 Equipment Rental $5,400 ~ Vote Record- Resoluti0n RES-20t0-787 [] Adopted [] Adopted as Amended [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!be~ ~p~ki J[: Seconder [] [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-788 CATEGORY: DEPARTMENT: Budget Modification Public Works Police Department Insurance Recovery Fiscal Impact: Funds from insurance recovery/Police Department water damage. Funds recovered from water damage to the Police Department from the insurance company RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Whole Town~ General Fund budget as follows: To: A.2680.00 Insurance Recoveries $24,770 To: A.1620.4.400.100 Building Maintenance & Repairs $24,770 October 5, 2010 Page 14 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt christopher Ta bo~ , ~er [] [] [] Tax Receiver's Appt ~ ~ ~P~ Jr, ~![ia[Pr ~ [] /3 /3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-789 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Clerk Ratifies and Approves the Resolution of the Fishers Island Ferry District Board of Commissioners Dated September 21, 2010 to Retain the Firm of Lamb & Barnosky RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated September 21~ 2010 to retain the firm of Lamb & Bamosky, LLP (L&B) as counsel to the Fishers Island Ferry District, authorize the Manager of the District to negotiate with L&B, and to t~rminate the retainer and representation agreement as between the District and the firm of Egan & Golden ("E&G"). ~: Voi~:~rd. R~SOluti0~ ~8.20i0.789 : [] Adopted [] Adopted as Amended [] Defeated Yes/A~e No/Nay Abstain Absent [] Tabled wiiiia~ R~i~d Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~;~her T~i¢;~ ~;hder ~ vi ~ ~ [] Tax Receiver's Appt ~!b~ Kmpsk! Jr' Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-790 CA TE G OR Y: DEPARTMENT: Budget Modification Fishers Island Ferry District FIFD Budget Modification Fiscal Impact: Explanation is shown with each line RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry District 2010 budget as adopted by the FIFD on September 21,2010. October 5, 2010 Page 15 Southold Town Board Meeting Minutes FROM: EXPENDITURES: SM. 1989.4.000.000 TO: EXPENDITURES: SM 1910.4.000.300 SM 5610.4.000.000 SM 5710.4.000.500 Fund Deficit $32,000.00 Total $32,000.00 Insurance; Worker Comp Audit reclassification Elizabeth Airport Light repairs Computer Operations Web page updates $22,000.00 $5,OOO.OO $5,000.00 Total $32,000.00 Vote Reeord- Resolution RES~2010-790 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] ~ [3 [] [] [] Supt Hgwys Appt [] No Action 2010-791 CATEGORY: DEPARTMENT: Surplus Equip - Non Usable Human Resource Center Declare 2 Unused Copiers at HRC Surplus Equipment Fiscal Impact: These copiers are no longer functional and need to be removed from inventory. RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Canon Image Runner 2000 - No. MQU040083 - Town Asset # 2884 Pitney Bowes Model 9006 - Ser. # 5060043 October 5, 2010 Page 16 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye ~ No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter I~ [] [] [] [] Supervisors Appt ~t~pb~ ~a!~i y~tff ~ ~ [3 [] [] Tax Receiver's Appt ~!~ ~p~ki Jr V~er [] [] [] [3 [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-792 CATEGOR~ DEPARTMEN~ Budget Modification Solid Waste Management District SWMD Budget Mods Fiscal Impact: Cover cost of on-site repairs from CBI during summer; new discharge conveyor belt (old one torn and cannot be repaired); fabrication of metal storage cage for mercury bulbs and vehicle batteries. Remaining funds in garbage bag line adequate through end of year. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste Mgmt. District budget as follows: To~: SR 8160.4.400.665 Contracted Repairs CBI Grinder SR 8160.4.100.596 Maint/Supply CBI Grinder SR 8160.4.100.800 Maint/Facilities & Grounds From: SR 8160.4.100.650 Town Garbage Bags $2,000 $2,000 $1,500 $5,500 Vote ReeOrd; Resolution RIGS-2010*792 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/N~y Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn oin~i ~i~fid5 tniti~i0r Z [] [3 [] [] Supervisor's Appt Christopher Talbot Voter ~ ~ ~ El [] Tax Receiver's Appt Albert KmpSki Jr. sec0nde~ [] [3 [3 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [3 No Action 2010-793 C~TEGOR~ DEPARTMENT: Attend Seminar Police Dept Grant Permission for Police Officer Thomas Hudock to Attend Seminar October 5, 2010 Page 17 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer Thomas Itudock to attend the State of New York Juvenile Officers Association Quarterly meeting commencing on Thursday~ December 2~ 2010 through Friday, December 3~ 2010 in Vestal~ New York. All expenses for travel are to be a legal charge to the 2010 Juvenile Aid Budget line - A. 3157.4.600.200. Travel is to be by department vehicle. This permission is subject to the approval of the Chief of Police. Vote R~rd ~ ResoiUtion RES-2010-793 1~ Adopted [] Adopted as Amended [] Defeated y~s/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orland~ Seconder ~ [] [] D [] Supervisor's Appt ~S~opher Tg!b0[ ~9~ ~ ~ ~ [] Tax Receiver's Appt ~lb~ ~psk! ~r: lni~!a!0r ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ScoR Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 793 COUNCILMAN RULAND: Can we modify that? SUPERVISOR RUSSELL: Yes. COUNCILMAN RULAND: Subject to the approval of the Chief of Police? As we discussed this morning. SUPERVISOR RUSSELL: So noted. 2010-794 CA TEGOR Y: DEPARTMENT: Misc. Public Hearing Town Attorney PH Meyran Coastal Erosion Appeal RESOLVED that the Town Board of the Town of Southold sets November 30, 2010 at 9:00 AM in the Town Meeting Hall~ 53095 Main Road, Southold, New York 11971~ as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Glenn R. Meyran~ relating to a proposed observation deck located at 175 Soundview Avenue~ Mattituck, New York, SCTM #1000-99-3-1, and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. October 5, 2010 Page 18 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincent Orlando V~{cr [] [] [] [] [] Supe*visor's Appt Christopher Talbot Seconder [] [] ; [] [] [] Tax Receiver's Appt A!~ ~p~k! ~[: ypter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt se0ti Russell voter [] [] : [] [] [] supt Hgwys Appt [] No Action 2010-795 CA TEGOR Y: DEPARTMENT: Employment - Town Recreation Appoint Part Time Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Judith McCleery to the position of part-time Clerk Typist for the Recreation Department effective October 12, 2010. Position not to exceed 17.5 hours per week at a rate of $12.74 per hour. '~ Vote Record ~ Resollltl0n RESZ2010-795 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na y Absta n Absent [] Tabled William Ruland Voter [] [] : [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ChristoPher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albefl IQupsk! Jr. Voter [] F1 [] Fl [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott RUSt'ii Voter El [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 795 COUNCILMAN RULAND: Mr. Supervisor, would you like to comment that that is a replacement? SUPERVISOR RUSSELL: Yes, that is, again with the Town Board's policy of creating or reducing the payroll through attrition, this is not a new position but really the replacement of someone who had formerly worked for the town. 2010-796 CATEGOR~ DEPARTMEN~ Public Service Highway Department 2010 Fall Leave Clean-Up RESOLVED by the Town Board of the Town of Southold that the Highway Department Fall October 5, 2010 Page 19 Southold Town Board Meeting Minutes CLEANUP is limited to LEAVES ONLY (which are to be placed in biodegradable brown paper bags) and will commence on Monday, November 29, 2010, at ORIENT POINT and end in LAUREL; be it further RESOLVED that, during the 2010 Fall Cleanup, neither BRUSH nor BRANCHES will be removed. Therefore, they should NOT be placed in the Town right-of-way until after the Spring cleanup is announced~ be it further RESOLVED that the Town Board hereby authorizes the acceptance of residential leaves, brush and branches at the Southold Town Compost Facility, in Cutchogue, free of charge, for two months in connection with the 2010 Fall Cleanup. This grace period is for those homeowners who wish to take their leaves~limbs~ brush and branches to the Compost Site. The grace period will start on Monday, November 1~ and continue through Friday, December 31~ 2010~ be it further RESOLVED that the Town Board hereby extends the waiver of such fees to commercial entities carrying leaves and brush from residential properties (only within the Town) during that period; and be it further RESOLVED that the Fishers Island Fall Cleanup will also commence on Monday, November 29, 2010. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] F1 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] gl [] Tovm Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-797 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire PT Senior Citizen Aide H for Fishers Island RESOLVED that the Town Board of the Town of Southold hereby appoints Patricia Faulkner to the position of part time Senior Citizen Aide II for Fishers Island, effective October 12, 2010, at a rate of $14.47 per hour for 7 hours per week. October 5, 2010 Page 20 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes(Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Ori~do initiator ~ [3 [3 12] [] Supervisor's Appt christopher Talbot V0ier ~ [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder li~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter I~ [] [] [] [] Supt Hgwys Appt [] No Action 2010-798 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Hire PT Food Service Worker RESOLVED that the Town Board of the Town of Southold hereby appoints Sandra Davids to the position of part-time Food Service Worker for the senior nutrition program at the Human Resource Center, effective October 6, 2010, at a rate of $13.04 per hour, not to exceed 17.5 hours per week. ~ ¥°te Ree°rd a Re~lufi°n RES;2Oi0'798 , i i [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na Abstain Absent [] Tabled William Ruland Voter {Z [] [] [] [] Supervisor's Appt Christopher Talbot Voter r~ i 7 [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] ; [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-800 CATEGORY: DEPARTMENT: Bid Acceptance Accounting Accept Proposal for Fuel Management System RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott Russell to execute an agreement with L.A. Fritter and Son Inc. to supply a Fuel Management System in an amount not to exceed $230,000, subject to the approval of the Town Attorney. October 5, 2010 Page 21 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na Absta n Absent [] Tabled Y William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Christopher Talbot Seconder [] [] [] [] [] Rescinded Albert Krupski Jr. Initiator [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action Next: Oct 19, 2010 4:30 PM Comments regarding resolution 800 COUNCILMAN TALBOT: Are we going to make a resolution to table this? SUPERVISOR RUSSELL: I would just ask to table this now that the budget discussion is just getting under way and we can feather it all into the same discussion, if that's... COUNCILMAN KRUPSKi: If that is your motion, I will second it. SUPERVISOR RUSSELL: Is it okay to table 800? Do we have a vote on that? Just for two weeks fo~ the Town Board to take it up at ~q~k ~ession? 2010-799 CATEGOR~ DEPARTMENT: Employment - Town Accounting Hire PT Senior Citizen Aide II at HRC RESOLVED that the Town Board of the Town of Southold hereby appoints Heather Piscatelli to the position of part time Senior Citizen Aide II for the Human Resource Center, effective October 7, 2010, at a rate of $14.47 per hour, not to exceed 17.5 hours per week. · r' Vote ReCOrd ~ Resolutl0n RES-2010;799 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] : [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt C~i~pher Taib~t initiator ~ F1 [3 [] [] Tax Receivers Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-801 CATEGORY: DEPARTMENT: Employment - Town Police Dept October 5, 2010 Page 22 Southold Town Board Meeting Minutes Hire Seasonal Police Officer for the 2011 Season- Jacob Bogden RESOLVED that the Town Board of the Town of Southold hereby hires Jacob Bogden as a Seasonal Police Officer for the 2011 season, at no compensation, for the purpose of attending the Suffolk Coun .ty Police Academy in Brentwood, New York, commencing on Monday, October 18, 2010. R~rd ~ Resolat~0a RES-2010;801 Adopted Tabl~ William Rul~d Wi~ V~c~t Orlando Sup~i~r's Appt C~St0ph~ Tal~ Tax R~eiv~'s Appt ~]~ ~pSk~ J~ To~ Cl~k's Appt Scott Russell 2010-802 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution No. 2010-756 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-756, adopted on September 21, 2010, as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Cost Plus Fixed Fee Consultant Agreement for design and construction observation and administration services between the Town of Southold and C&S Engineers, Inc. in the amount of $~, ...... $45,100.00, of which the Town of Southold is responsible for 2.5% of this amount under thc Grant Offer, in connection with Project No. 3-36-0029-18-10(D&C) regarding the Runway Crack Repair and Sealing Project, Phase II, at Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney. ¢ Vote Record. Resolutl0n RES 2010-802 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye Np~NaY Abstain Absent [] Tabled William Ruland Seconder [3 Withdrawn vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt c~st0pher Talbot V0 er [] F1 [3 [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ [] [] [] [] Rescinded ~uisa P. Ev~n~ V~ier [] [] rn [] [] Town Clerk's Appt Sc0tt Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-803 October 5, 2010 Page 23 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Lockbox Agreement Between the Town of Southold and the Bridgehampton National Bank, for Use by the Tax Receiver's Office for Collection of Taxes RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Lockbox Agreement between the Town of Southold and The Bridgehampton National Bank, for use by the Tax Receiver's Office for collection of taxes, subject to the approval of the Town Attorney. [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William R~iand ~er [~ [] [] [] [] Supervisor's Appt C~Si;ph~ T~i~i V;i~ [] E] rn 13 [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [3 [] [3 Town Clerk's Appt Scoil Russell voter [] [] [3 [] [] supt Hgwys Appt [] No Action 2010-804 CA TEGOR Y: DEPARTMENT: Budget Modification Data Processing Telephone System Budget Modification Fiscal Impact: Need to fund the Telephone System Maintenance Account to cover charges for 2010 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund~ Whole Town budget as follows: From: A. 1680.4.400.410 Scanner Maintenance $3500.00 To: A. 1680.4.400.450 Telephone System Maintenance $3500.00 Vote Record. ReSOlution RES-2010-804 [] Adopted [] Adopted as Amended [] Defeated ~e~(AYe N~/Nay Abstain Absent [] Tabled William Ruland voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [~ [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ gt i-1 [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Vo~er [] [] [] [] [] Supt Hgwys Appt [] No Action October 5, 2010 Page 24 Southold Town Board Meeting Minutes 2010-805 CATEGOR~ DEPARTMENT: Attend Seminar Accounting Permission to End Payroll Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Comptroller John Cushman and Principal Account Clerk Janice Foglia to attend the 2010 Payroll Year End Seminar in Greenburgh~ New York, on November 18~ 2010, and all expenses for registration and travel shall be a legal charge to the 2010 Accounting and Finance Department budget, A. 1310.4.600.200, Meetings and Seminars. ~ V0~e Record ~ Resolafion RES 2010-805 [] Adopted [] Adopted as Ameaded [] Defeated yes/Aye No/Nay Abstain Absent [] TabIed William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando voter [] [] [] [] [] Supervisoes Appt Christ~phe~ T~ib~i ihiii~i~r 0 [3 121 [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-806 CATEGOR~ DEPARTMENT: Employment - Town Police Dept Appoint Peter J. Brock to the Position of Constable for Fishers Island RESOLVED that the Town Board of the Town of Southold hereby appoints Peter J. Brock to the position of Constable for Fishers Island effective at the commencement of the next Peace Officer academy on the condition that he attends and satisfactorily completes all necessary training. ~ ~ote R~d ~ Resolution RES+2010-806 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter ~1 [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconaer [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-807 October 5, 2010 Page 25 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the Suffolk County Office for the Aging for the Town to Receive Funding Under the Transportation Assistance Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk Countv Office for the Aging for the Town to receive funding under the Transportation Assistance Program, IFMS No. SC EXE 0000000 No. 001-6806-4980-95285, for the period April I, 2010 through March 31, 2011 (with three one-year extensions at the County's option), subject to the approval of the Town Attorney. ~ Vot~ Record ~ Resolution RES220i0-807 [] Adopted [] Adopted as Amended [] Defeated ~s/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincent Orlando I~i~iator [] [] [] [] [] Supervisor's Appt ~hri~o~ber ~i~ V~e~ ~ ~ ~ [] Tax Receiver's Appt A!b~ ~PSk! Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter ~ F1 [] [] [] Town Clerk's Appt Scott Russell Voter ~l [] [] [] [] Supt Hgwys Appt [] No Action 2010-808 CATEGORY: DEPARTMENT: Policies Town Attorney Hereby Amends ¶11 of the Town of Southold's Procurement Policy, Adopted on May 18, 2010 RESOLVED that the Town Board of the Town of Southold hereby amends ¶11 of the Town of Southold's Procurement Policv~ adopted on Mav 18~ 2010~ to read as follows: 11. A properly executed purchase order is required prior to payment for all purchases. With the exception of the following items, neither goods nor services are to be ordered without first obtaining a purchase order signed by the Department Head and the Supervisor: (1) Rental payments for Leases approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher). Specific purchases approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher) which might include bid awards. However~ a Purchase Order is required for specific purchases made under "blanket" bid awards such as annual food needs~ uniforms~ and (3) laundrv services. Construction contracts approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher). October 5, 2010 Page 26 Southold Town Board Meeting Minutes (4) (6) (7) Petty cash purchases. Travel expenses (mileage, tolls, meals, ferry, or train expenses, etc.). Meeting and seminar registration fees (attach a copy of the adopted Town Board resolution to the voucher). Legal notices. ~ ¥~te Record - Res01ati6n RES-20i0,808 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter gl [] [] [] [] Supervisor's Appt Christopher Talbot Vo er [] F1 [] : [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] [] ! [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-809 Cd TEGOR Y: DEPARTMENT: Employment - Town Accounting Promote Thomas F. Hudock to Police Sergeant RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas F. Hudock to the position of Police Sergeant for the Police Department, effective October 5, 2010, at an annual base salary of $115,620. ~' Vole Reeord,? Resolution RE8~2010-809 ,: [] Adopted [] Adopted as Atne~lded [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Seconder [] [] [3 13 [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supecvisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!bcn Kmpski Jr. Voter [] [] [] Iq [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] D FI [] Supt Hgwys Appt [] No Action 2010-810 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Release PT Seasonal Theatre Personnel FIFD WHEREAS at the October 4, 2010 meeting of the Fishers Island Ferry District Board of Commissioners, the following resolution was; October 5, 2010 Page 27 Southold Town Board Meeting Minutes MOVED by Commissioner Brooks SECONDED by Commissioner Edwards, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that Karla Heath, a Seasonal Clerk, and Michael Conroy, a Seasonal Recreation Aide, both of Fishers Island, NY, be removed as a part time seasonal help at the Fishers Island Movie Theatre effective October 1, 2010. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstai~ Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] Fl [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2010-811 CATEGOR~ DEPARTMENT: Advertise Town Clerk Authorize and Direct the Town Clerk to Advertise a Request for Proposal for the Removal of the Remains of a Wooden Dock and Concrete Block BuiMings at the Laurel Lake Preserve RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise a Request for Proposal for the removal of the remains of a wooden dock and concrete block buildings at the Laurel Lake Preserve~ in accordance with specifications, subject to the approval of the Town Attorney. ~ VOi~ R~cord, R~olu~n RES~2010-811 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled WilIiam Ruland Voter ~ [] [] [] [] Withdrawn Vincent Orlando Voter [] ~ [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt A!bert Kmpski Jr. Voter [] [] VI [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-812 CATEGOR~ DEPARTMENT: Support/Non-Support Resolution Town Attorney Endorses and Supports Resolution No. 1938-2010 Introduced in the Suffolk County Legislature by October 5, 2010 Page 28 Southold Town Board Meeting Minutes Legislator Edward Romaine to Provide Funding for the Development and Implementation of a Work Plan for the Improvement of Water Quality and Restoration of Marsh Habitats in Goldsmith's Inlet in the Town of Southold RESOLVED that the Town Board of the Town of Southold endorses and supports Resolution No. 1938-2010 introduced in the Suffolk County Legislature by Legislator Edward Romaine to provide funding for the development and implementation of a work plan for the improvement of water quali .ty and restoration of marsh habitats in Goldsmith's Inlet in the Town of Southold. ~ Vote ReeOr~. ReSOlution RES-2010-812 [] Adopted [] Adopted as Amended [] Defeated Yes]Aye No/Nay Abstain Absent Fl Tabled William Ruland Initiator [] [] [] [] [] Withdrawn V~t ~i~cl~ §~hd~ ~ ~ ~ ~ [] Supervisor's Appt Christopher Talbot Voter ~ Fl : ~ [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-813 CA TEGOR Y: DEPARTMENT: Public Service Town Clerk Waive Entry and Tipping Fees Associated with the Disposal of Animal Carcasses RESOLVED that the Town Board of the Town of Southold, in conjunction with the Town's Deer Management Program, hereby waives entry and tipping fees associated with the disposal of animal carcasses at the Solid Waste Transfer Station ~' Vote R~COrd- Resolution RES-2010-813 [] Adopted [] Adopted as Amended [] Defeated Yes]Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisot~s Appt [] [] [] [] Christopher Talbot Voter [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott RUssell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-814 CATEGORY: Seqra DEPARTMENT: Town Clerk LL Parking Mill Road SEQRA October 5, 2010 Page 29 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this'action and issues a Negative Declaration for the action, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated October 4, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated October 4, 2010. [] Adopted [] Adopted as Amended [] Tabled William Ruland Voter [] Withdrawn Vincent Orlando Seconder [] Supervisor's Appt Christopher Talbot Voter [] Tax Receiver's Appt Albert Krupski Jr, initi~0r [] Rescinded Louisa P. Evans Voter [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2010-815 CATEGORY: Seqra DEPARTMENT: Town Clerk LL Deer Fence SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Deer Fences" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated October 4, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated October 4, 2010. Vote ReCOrd - Resolution RES-2010-815 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Chfist0Pher Talb0t ~ec~er ~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action October 5, 2010 Page 30 Southold Town Board Meeting Minutes 2010-816 CA TEGO R Y: Seqra DEPARTMENT: Town Clerk LL Noise Ordinance SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated October 4, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated October 4, 2010. -r vote Record - Res01ution RES.2010-816 1~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter gl [] [] [] [] Withdrawn Vincent Orlando Voter [] [] Fl [] [] Supervisoes Appt ~her l'~i~ i~i~iat0~ ~ D [] [3 [] Tax Receiver's Appt Albert Krupski Jr. Voter gl [] [] D [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt ~0it Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-817 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL # 11 Parking on Mill Lane~Mill Road WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7th day of September, 2010, a Local Law entitled "A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Parkin~ on Inlet Road {a/k/a Mill Lane) and Mill October 5, 2010 Page 31 Southold Town Board Meeting Minutes Road in the area between Route 48 and Goldsmiths Inlet" reads as follows: LOCAL LAW NO. 11 of 2010 A Local Law entitled, "A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane)~ and Mill Road in the area between Route 48 and Goldsmiths Inlet". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with the public's use of Goldsmiths Inlet in the hamlet of Peconic has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the public's ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents. Accordingly, amendments to Chapter 189 and 260 are warranted. II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: {}189-2. Designation of parking areas requiring permits. B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: (57) Inlet Road (a/k/a Mill Lane), Peconic, along both sides between a private road known as Soundview Avenue and a private road known as Second Avenue. III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. Name of Street Side Inlet Road (a/k/a Mill Lane) Both Mill Road Both Location At Peconic, from the northerly intersection of a private road known as Miami Avenue and Inlet Road (a/k/a Mill Lane) northerly to the southerly intersection of a private road known as Second Avenue and Inlet Road (a/k/a Mill Lane). At Peconic, between a private road known as Miami Avenue and County Route 48. IV. 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. V. EFFECTIVE DATE October 5, 2010 Page 32 Southold Town Board Meeting Minutes This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. [] Adopted [] Adopted as Amended [] Defeated Yes/A~e No/Na~ Absta n Absent [] Tabled William Ruland Vot~ [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Tallx)t Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-818 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL #12 Deer Fence WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7th day of September, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning~ in connection with Deer Fences" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning~ in connection with Deer Fences "which reads as follows: LOCAL LAW NO. 12 of 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning"~ in connection with Deer Fences. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Local Law is to amend §280-105, "height of fences, walls and berms" to allow for deer fencing in residential and non-residential zones to protect the health, safety and welfare of Town residents, business owners and their property from injury and damage due to the growth of the population of deer within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: October 5, 2010 Page 33 Southold Town Board Meeting Minutes § 280-105. Height of fences, walls and berms. Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height when located in the front yard of nonresidential zones, the same shall not exceed six feet in height. B. When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height. C. In residential and non-residential zones, except properties/parcels engaged in bona fide agricultural production, the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the Building Inspector, subject to the following criteria: 1. When located in or along side and rear yards, the height of the deer exclusion fence shall not exceed eight feet. 2. Specifications for construction of deer exclusion fences: (i) Fencing Fabric: high-tensile, woven wire fence fabric with graduated opening; (ii) Spacing Between Posts: 20 feet 3. Deer fencing is prohibited in or along the front yard of any property. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. VOte ~rd - Resolution RES.2010-818 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruiand x/~er [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt C~§i0Pher Talb0t Initiai0; [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Kl'tlpski Jr. Voter [] Town Clerk's Appt Louisa P. Evans Seconder [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action Next: Oct 19, 2010 4:30 PM Comments regarding resolution 818 COUNCILMAN KRUPSKI: Do we want to do the deer fencing? COUNCILMAN ORLANDO: I think we have got to hold it, we need to tweak it a little bit. We want to put in the (inaudible) the end posts... October 5, 2010 Page 34 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: The comer posts, yes. Bracing. But it is not going to be substantial enough to re-notice. COUNCILMAN ORLANDO: No. COUNCILMAN KRUPSKI: Because it is only a structural, it is not a, it doesn't change the fact that you are going to raise the height of the fence... TOWN ATTORNEY FINNEGAN: But if it is not there, can't you still put it in? It is not precluded. SUPERVISOR RUSSELL: That is right. TOWN ATTORNEY FINNEGAN: The specifications are what you have to have but additionally .... SUPERVISOR RUSSELL: The presumption that I am making is that the installer knows what he is doing and will do it right and there is nothing in the code that prohibits him from doing. TOWN ATTORNEY FINNEGAN: If you feel that it needs to be specified... COUNCILMAN ORLANDO: We just want to put in the dimensions of the fencing, is it 3x5 or 4x67 So there is no gray area. TOWN ATTORNEY FINNEGAN: Why don't we table it for a few weeks and then we can (inaudible) de ending on what we need to 2010-819 CATEGOR~ DEPARTMENT: Enact Local Law Town Clerk Enact LL #13 Noise Ordinance WHEREAS there has been ~resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7 day of September, 2010, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" which reads as follows: October 5, 2010 Page 35 Southold Town Board Meeting Minutes LOCAL LAW NO. 13 of 2010 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold'. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. October 5, 2010 Page 36 Southold Town Board Meeting Minutes CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices am air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of bt~siness: 1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation October 5, 2010 Page 37 Southold Town Board Meeting Minutes of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured at or beyond any lot line of the property on which such noise pollution is being generated, exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airbome or amplified sound in excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. The provisions of §200-5 and §200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. 3. Noise from agricultural equipment. 4. Noise from church bells or chimes used. 5. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. 6. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. 7. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. 8. Noise from municipally sponsored celebrations or events. 9. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. 10. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. 11. Emergency construction or repair work. 12. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. 13. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. October 5, 2010 Page 38 Southold Town Board Meeting Minutes 14. 15. Emergency stationary and mobile signal devices. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- A. 9. Penalties for offenses. Any person who shall violate the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a third or subsequent offense within 18 months, punishable by a fine not exceeding $5,000. If such violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense, In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce 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. ~' Vote Record ~ Resolution RE~-2010-819 [] Adopted [] Adopted as Amended [] Defeated y~s/A~e No/Nay Abstain Absent [] Tabled William Ruland [] 13 [] [] [] Withdrawn vincent ori~nd0 [] [] [] [] [] Supervisor's Appt Christopher Ta b0t [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. ~ [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] El El [] [] Supt Hgwys Appt [] No Action VI. Public Hearings Comments made prior to public hearings SUPERVISOR RUSSELL: I just want to clarify, we are reading this, I know a lot of you are here to discuss the issue of the noise code. We have received a lot of commentary in support of a noise code and in very good input with regard to the specific code as proposed. I think you need to understand the Town Board's goal here was to get the public hearing noticed so that we have a benchmark for discussion with the community. There are some aspects of it that the Town Board is already looking at that might need to reviewed. I don't think there is a Town Board will to vote it in tonight. I know many of you have raised issues with regard to fee structures, all of October 5, 2010 Page 39 Southold Town Board Meeting Minutes things might require a re-notice. But what we want to do is hear from everybody tonight. This is the public discussion on the noise code that we were looking for. So we are very much interested in hearing all of the public commentary. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 8:00PM in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Set 7:32 PM, Tuesday, October 5, 2010 for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs COUNCILMAN TALBOT: In April, 2011 thc Town of Southold expects to receive approximately $130,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to bc selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (limited to 15%) Town Residents are invited to attend this public hearing on Tuesday, October 5, 2010, 7:32 P. M. at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. I have a notice that it was posted on the Town Clerk's bulletin board on the 14th of September, I also have a notice that it was printed in the Suffolk Times on the 23ra of September 2010. There is a letter from the Dominican Sisters Family Health Services in support of this, 'Thank you for the opportunity to again apply for funding through this community development block grant.' Also I have a letter from the North Fork Housing Alliance, again requesting $72,500 for this round of funding. 'Thanking you in advance for all your cooperation in this matter and fully supporting it.' And the Robert Perry Development Corporation which is the Robert Perry Daycare Center in Greenport, also putting in a request for $7,500 for 2010 and they are appreciative of the support in the past and would appreciate it again. And that is it. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell October 5, 2010 Page 40 Southold Town Board Meeting Minutes Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? Peggy Murphy, CAST PEGGY MURPHY: I am here on behalf of CAST, Community Action Southold Town to request consideration for financial support through the Community Development Block Grant funding program. And just a quick paragraph, CAST is a not for profit organization incorporated in 1965 to help lower income residents meet their basic needs in the areas of nutrition, employment, energy, housing and education. Initially CAST was funded by the federal and New York State government. Our current financial support, with the exception of the Southold Town CDBG fund is depended on the generosity of the public and a variety of fund raising activities to maintain our commitment to serve our high risk clients, who are the neediest of Southold Town's residents. The letter goes on but I don't think it is necessary for me to read anymore. SUPERVISOR RUSSELL: Thank you very much. I appreciate it. MS. MURPHY: Shall I give this to you? SUPERVISOR RUSSELL: Yes, please. Thank you, Peggy. Would anyone else like to address the Town Board on this public heating? Linda Ruland, Director Early Learning Center LINDA RULAND: Hi, my name is Linda Ruland, I am from Mattituck. Mr. Supervisor, members of the Town Board, good evening. I am the director of Family Service League's North Fork Early Learning Center, a year round New York State licensed pre-school daycare center which many of you know is located in the Laurel school on the Main Road in Laurel. This year we have almost 100 children enrolled in our various half and full day programs. Toddler programs, 3 year old program, 4 year old program and a universal pre-kindergarten for Mattituck-Cutchogue 4 year olds which we operate under contract for the Mattituck Cutchogue School District. We have just finished our summer programs which provided up to 8 weeks of camp experiences for toddlers through school age children in 6th grade. In 2011 we will be celebrating our 30th year of providing early childhood education and licensed daycare for the residents of the north fork, of which the last 7 years have been as a program of Family Service League Inc. We have been privileged in the past to be the recipients of the Community Block Grant awards, these funds have helped the North Fork Early Learning Center to move from a one room facility to the beautiful and historic Laurel school campus which houses two buildings and seven classrooms. The funds have helped us adapt the buildings to accommodate our four classrooms. Currently we are completing a Community Block Grant project that will provide more appropriate playground equipment and a safer environment with the installation of safety surfacing. As the demand for quality child care services increases, due to the uncertain economy which forces more parents into the workplace, we struggle to provide more needed daycare, especially for toddler age children. Our waiting list continues to grow and every week I have to turn children whose families desperately need our services away. For the past two years, we have tried to open another classroom for our youngest population but the initial costs of setting up another program has been too costly for us to succeed. As we look to the future, we October 5,2010 Page 41 Southold Town Board Meeting Minutes respectfully ask for your continued support to achieve not only this goal but to be able to continue to offer the families of the north fork the quality services that the Family Service League and the North Fork Early Learning Center are committed to. Thank you. SUPERVISOR RUSSELL: Thank you. MS. RULAND: Would you like a copy of this? SUPERVISOR RUSSELL: Thank you. Benja Schwartz, C BENJA SCHWARTZ: Good evening, my name is Benja Schwartz from Cutchogue. Two years ago I had the opportunity to operate a sailing school out of Greenport Harbor with the North Fork Women's Resource Center and was just a wonderful opportunity to get to know children in the Town of Southold, specifically children who maybe otherwise couldn't have afforded a sailing program. Our sailing program is rather unique in that instead of just putting the kids on the boats and teaching them how to go off sailing, mostly around a little race course, nothing wrong with that but we went out cruising together on a larger boat. Looks like we are going to have an opportunity to do that next summer and we hope we will be able to take a lot of children out and we sure could use some help, if the Town has some funds to be contributed to that program. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on Community Block Grant funding? (No response) LL/Parking Mill Road Set PH COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7th day of September, 2010, a Local Law entitled "A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October, 2010 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Parking on Inlet Road Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane)~ and Mill Road in the area between Route 48 and Goldsmiths Inlet". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with the public's use of Goldsmiths Inlet in the hamlet of Peconic has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to October 5, 2010 Page 42 Southold Town Board Meeting Minutes II. IlL impose a range of parking limitations in this area to protect the residents of the Town and restrict the public's ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents. Accordingly, amendments to Chapter 189 and 260 are warranted. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: §189-2. Designation of parking areas requiring permits. B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: (57) Inlet Road (aYk/a Mill Lane), Peconic, along both sides between a private road known as Soundview Avenue and a private road known as Second Avenue. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. Name of Street Side Inlet Road (aYl~a Mill Lane) Both Mill Road Both Location At Peconic, from the northerly intersection of a private road known as Miami Avenue and Inlet Road (aftra Mill Lane) northerly to the southerly intersection of a private road known as Second Avenue and Inlet Road (a/k/a Mill Lane). At Peconic, between a private road known as Miami Avenue and County Route 48 IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I also have in the file is a notice that it was posted on the Town Clerk's bulletin board and a notice that it was posted in the Suffolk Times on the 23rd day of September and from Suffolk County Department of Planning we have a letter stating that it is considered to be a matter for local determination as there is no apparent significant county wide or inter-community impacts, the decision of local determination should not be construed as either an approval or disapproval. I have a notice from Martin Sidor, chairman of the Southold Town Planning Board. Thank you for the opportunity to provide comments on the proposed local law referenced above. The Planning Board has reviewed the proposed legislation and offers no comments. And that is it. RESULT: CLOSED [UNANIMOUS] October 5, 2010 Page 43 Southold Town Board Meeting Minutes MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on the issue of no parking in the Mill Road vicinity? Hugh? ltugh Switzer, Peconic HUGH SWITZER: Hugh Switzer from Peconic and I live on Mill Lane. I would like to support of this resolution. Strongly in support. It is very much a safety issue and I think it is well stated under the purposed. I would like to speak in support. Thank you. SUPERVISOR RUSSELL: Thank you, Hugh. Would anyone else like to speak? Peter Terranova, Vice-Pres Peconic Sound Shores Assn. PETER TERRANOVA: Peter Terranova from Peconic. Vice president of the Peconic Sound Shores association. I am here tonight to give my support and whatever the organization to this resolution and this local law. I wish to thank the Town Board for their prompt action in addressing this issue which has really approached the tipping point this past season. The popularity of the Goldsmith Inlet recreation area is becoming more and more known throughout not only the north fork but all over. And it has attracted folks who we welcome to come and enjoy the area. But some restrictions are required as mentioned in the local law for the safety and the egress or in and out of the area. A lot of folks on Mill Lane walk to the beach that live up on Mill Lane. It is also a designated bike route, there are a lot of bikers that use the trails of the north fork to enjoy the scenery in our area. So again, we are in support of this and we urge passage of this local law. Thank you very much. SUPERVISOR RUSSELL: Thank you, Peter. Would anyone else to address the Town Board? Alicia Thompson ALICIA THOMPSON: My name is Alicia Thompson, I live on Mill Lane also, in fact across the street from Mr. Switzer. And I would like to second what both the two gentlemen both said. It is an extreme issue of safety, in particular there is a spot where there is a slight hill and a curve and oftentimes there are many, well, this past summer especially, many, many cars parked along both sides of the road and very difficult to see oncoming traffic if you are walking, biking or in fact in another vehicle. So it was really evident this past summer and we have been living there since 1978 and this was the first summer that it was so extreme. So I am fully in support of any kind of restriction. But I do have a question about what would happen if there were no parking or if it were permitted parking, in other words, a town permit. What happens when people have yard sales along that particular road and cars are there for a short time? SUPERVISOR RUSSELL: Those generally present issues or someone having a party. Usually what we would ask the homeowners to do is notify us so that we can notify the police captain, so he is aware of the unique set of circumstances in that case. October 5, 2010 Page 44 Southold Town Board Meeting Minutes MS. THOMPSON: Inaudible. SUPERVISOR RUSSELL: Yes. We are still operating under the premise just letting us know in advance and we can certainly work with you. The intent here is to basically say, look, you happen to live near one of our assets. It has become a very popular asset and we need to step up and manage the consequences of your living there, we shouldn't ask you to bear that burden. We understand that. MS. THOMPSON: Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: 'Sure. Would anybody else like to address the Town Board on this particular issue? (No response) LL/Deer Fences Set PH COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7th day of September, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Deer Fences" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October, 2010 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zonine, in connection with Deer Fences "reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ ZoninR"~ in connection with Deer Fences. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Local Law is to amend §280-105, "height offences, walls and berms" to allow for deer fencing in residential and non-residential zones to protect the health, safety and welfare of Town residents, business owners and their property from injury and damage due to the growth of the population of deer within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-105. Height offences, walls and berms. Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height when located in the front yard of nonresidential zones, the same shall not exceed six feet in height. B. When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height. C. In residential and non-residential zones, except properties/parcels engaged in bona fide agricultural production, the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the Building Inspector, subject to the following October 5, 2010 Page 45 Southold Town Board Meeting Minutes criteria: 1. When located in or along side and rear yards, the height of the deer exclusion fence shall not exceed eight feet. 2. Specifications for construction of deer exclusion fences: (i) Fencing Fabric: high-tensile, woven wire fence fabric with gradnate, d opening; (ii) Spacing Between Posts: 20 feet 3. Deer fencing is prohibited in or along the front yard of any property. 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. JUSTICE EVANS: Not... COUNCILMAN TALBOT: Should be a maximum of.... SUPERVISOR RUSSELL: Four feet. COUNCILMAN TALBOT: Staying at four feet and a from yard setback. So it is only in the rear and side yards and the residential areas it can only be a four foot maximum. Okay, we have a copy of the notice that was posted on the Town Clerk's bulletin board on the 14th of September. We also have a notice that it was posted in the Suffolk Times on the 23ra of September and I have a few other communications here. From the Suffolk County Department of Planning, again, 'the above referenced application which has been submitted to the SC Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or intercommunity impact. A decision of local determination should not be construed as either an approval or a disapproval. I have a letter from Martin Sidor, the chairman of the Southold Town Planning Board. 'Thank you for the opportunity to provide comments on the proposed local law referenced above. The Planning Board has reviewed the proposed legislation and supports it with the following changes recommended: 1. Consider adding a condition which prevents locating fencing in public right of ways, on public lands or across legally recognized easements and/or other recognized areas granting access to public areas. 2. Property boundaries bisect and include wildlife habitat that contain freshwater sources. The impacts on wildlife dependent upon corridors for survival (reptiles, amphibians, small mammals) will not be assessed if only a building permit is required. Consider adding the ability for a town official to be consulted if the deer fencing is proposed to be placed in o r around wildlife corridors or significant habitat. And 3. Consider prohibiting deer fencing over or around natural protective features (e.g. beaches, down the face of bluffs, over dune systems). 4. Consider adding the ability for a town official to inspect the property before and after fence installation." We also have communication from Mark Terry the Principal Planner and LWRP coordinator. "The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of October 5, 2010 Page 46 Southold Town Board Meeting Minutes the Town of Southold Town Code and the Local Waterfront Revitalization Program policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. It is recommended to further the below listed policy that the following is considered for medium to large sized properties containing wildlife habitat and/or a freshwater source. 6.4 Protect vulnerable fish, wildlife and plant species, and rare ecological communities. Section 280-105 Height of fences, walls and berms C,2. (i) requires "graduated openings" however, a minimum mesh size is not specified. Although many wildlife species could 'pass through' varying mesh sizes, fence design should allow the passage of the largest non-target mammal (e.g. red fox, Vulpes vulpes). The largest reptile that may require passage is the snapping turtle (Chelydra serpentine). Further, potential impacts to non-target wildlife could be minimized by requiring that the bottom of the fence be set six inches above grade to allow medium to large non-target wildlife to pass under the fence. This design would require a maximum fence height of 8 feet 6 inches. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' There are a couple of letters from the public, 'To whom it may concern, this letter is in regards to Chapter 280 of our local law you are considering amending. You are thinking about the requiring residents in residential neighborhoods to get a building permit to erect deer fences around their property. This is not a good idea! Why? Because by the time a resident gets this building permit, the resident deer could have entirely eaten up all their expensive landscaping. Perhaps the local landscaper would love this amendment, regular folks should be able to protect their shrubs and vegetable gardens from these pests. So, unless you will instruct the building department to fast track these types of permits and our town is absolutely broke financially, forget about this idea. Sincerely, Joy McKasty" from Orient. And one last letter from Leslie Weisman, who is the chairman of the ZBA, 'As per your request, here are my comments on the proposed draft legislation for a local law on deer fencing. The proposed language and limitations to rear and side yards is simple and straightforward. The only thing I suggest for your consideration is stipulating a maximum diameter or width in the case of flat metal posts, on the posts used for deer fencing on residential properties. While I don't think it is necessary to describe the type of post, materials etc., I am concerned that the use of very large posts, similar to those used on Ag properties, could really be out of scale with residential character and lot sizes.' And that is it. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: hearing? Would anybody like to address the Town Board on this public Arnold Blair, Cutchogue ARNOLD BLAIR: Hi, my name is Arnold Blair, I live in Cutchogue. I want to thank the Town Board for finally addressing this issue, it is long overdue but I think this legislation is somewhat misguided in terms of residential deer fencing. I have deer fencing on my property, I put it up early this summer. Actually, I put it up last year, it didn't work, I had to refine it. My wife has October 5, 2010 Page 47 Southold Town Board Meeting Minutes had Lyme's disease twice, I have had Lyme disease. The deer in Cutchogue have become as they have throughout Southold Town, so invasive that they were invading our living space. We have a patio outside our kitchen where we eat three meals a day in the spring and summertime, you know, we enjoy the front yard of our property and to distinguish between the residential and commercial properties, in this case, doesn't make sense. Why not tell commercial properties that they should have a four foot height in the front, because it doesn't work. The deer will jump a four foot fence. So what is the purpose of having 6 ½ foot fence around three sides of your property where the deer will not get in and then a four foot fence in the front where they will jump it as easily as anything because that is what deer do. A more logical approach, I think, would be to have allowed residential and deer fencing to a 6 ½ foot height but require that it be perhaps camouflaged with plantings. In my particular case, you can't see the deer fencing from the road. I have 6 ½ foot deer fencing in front of my property but you can't see it because it is behind trees, shrubs, privet and so on. If you limit residential properties to 4 foot fence in the front yard, you might as well not have a fence at all. They walk up and down the roads as if they own them and if there is a 4 foot fence and there is something inside they want to eat, they will jump it. I have got four young grandchildren under the age of 4, they come out, they play in the front yard. You know, this is property owners rights and I think you are all Republicans, you should recognize that we are entitled to our property .... SUPERVISOR RUSSELL: First we haven't figured out what Albert is yet but let me tell you, just so there is clarity, when you read the law and it makes references to 6 ½ feet, that is the old code. The new code would allow to 8 feet in rear and side yards. MR. BLAIR: Rear and side but the front you are still saying 4 feet. It doesn't make sense ..... COUNCILMAN ORLANDO: But otherwise you are living in a cage. You are living in a cage, you let the deer win. MR. BLAIR: For years and years I resisted putting deer fencing on my property because I didn't want to feel fenced in. COUNCILMAN ORLANDO: Right. MR. BLAIR: It became intolerable. I have got, you know, I have got deer droppings all over my patio where I dine, it is unhealthy. You know, we have three cats, they are outdoor cats. My wife puts Frontline on them every summer, she is still picking ticks off t hem all the time. This year she said you know, she hasn't had to pick any ticks off the cats and she hasn't even put Frontline on them. The deer fencing has kept them confined within our property and it has kept the deer out. So we don't have ticks, we don't have to worry about Lyme disease, I don't have to worry about the health of my grandchildren. I ask you to please reconsider this code, really, because you are doing a disservice to any residential property owner that wants to have deer fencing. I understand that you don't want to disturb the character of neighborhoods, require them to put shrubbery in front of it so that it is not visible from the road. That makes a lot more sense, it is a lot more logical code. Now, just as an example, I happened to call Pat Moore today just to see if she was up on this. She told me for example that she represented a client who October 5, 2010 Page 48 Southold Town Board Meeting Minutes applied for deer fencing permit, was referred to the ZBA, she said her clients had 12 foot privet fence in front of the property. The deer fencing was behind the privet fence, it couldn't be seen. The ZBA denied the application. There is time for logic and there is time for bureaucracy and this is really the time for logic. You have finally addressed this, do the right thing, allow property owners to protect their residential property and the health of their family. You know, I put deer fencing up as a last resort. It was recommended to me years ago and I absolutely resisted, I didn't want to feel fenced in. But I did it in a way that it is not too obvious, it is really not very obvious at all. I used locust posts instead of you know, the commercial stuff so that it blends in, it is natural. I think there are ways to address allowing residential property owners to protect their property in a way that benefits everybody. Four foot fencing is useless to deal with something. You might as well not have any fencing. Why go to the expense of putting fencing around three parts of your property when the deer are going to jump it from the road side. COUNCILMAN KRUPSKI: We had long discussions at code committee about the location of the fencing and it was actually the Supervisor's suggestion, when it says the side and back yards, it would basically be attached to the house, so the side and back yards would be 8 feet high. The front yard really wouldn't be fenced at all then. So it would only be the side and the back yard that would be protected. SUPERVISOR RUSSELL: All this does, it mirrors the existing fencing code. It just simply allows for 8 feet installation of fencing. Under the current code, you can go to 6 ½ feet again, with the side yard and rear yard. Generally when you see the stockade fences out there, you will see them coming up and then cutting in to each side of the house. To cut into each side of the house. That is what is allowed under current code. You are not allowed to take those 6 ½ foot stockade fences and run them in the front. All this does is it ups the ante to allow for 8 feet with the installation of deer fencing. You know, it is amazing how much opposition we got to even include side yards and rear yards coverage and the amount of opposition we received for the deer fencing throughout the town. You know, we are trying to balance the needs of the community and the need to control this pest, at the same time we are trying to protect the residential character of the conmaunity. I happen to be familiar with your property and have no doubt a fence around the whole place probably wouldn't be intrusive but you live in a very unique situation with a very unique property. If you imagine Mattituck Estates or an area with half acre lots, then you imagine 8 foot fencing around the entirety of any of those parcels, clearly that is out of character with that community. So we are trying to balance the community's needs with the needs of the homeowner. That is what we are trying to address with this. we are hoping that down the road we are going to be much more successful with the deer management program. Reduce the numbers and then reduce the need for the fencing but that is our next challenge. MR. BLAIR: Can you clarify for me, I am not clear, when you say from the side of the house. What happens in the front of the house, what height deer fencing? COUNCILMAN ORLANDO: Four feet. COUNCILMAN KRUPSKI: It is basically unprotected. October 5, 2010 Page 49 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: It is unprotected. The front is unprotected. MR. BLAIR: So what is the purpose of having deer fencing? SUPERVISOR RUSSELL: To protect the rear and side yards. MR. BLAIR: But you, the deer come in from any direction .... SUPERVISOR RUSSELL: They can't come in from the rear because you have 8 foot fencing .... MR. BLAIR: They come in from the front yard. SUPERVISOR RUSSELL: Yes, but what I am suggesting is your side yards and rear yards would be fully enclosed and tied into the house so that you will have an 8 foot wall for the rear yard and side yard that ties right into the home, the sides of the home so that the deer can't access the side yard and rear yard but yes, they still will be able to access the fi'ont yards. Again, it is a balancing act. We are trying to protect residential character and at the same time provide for protection. MR. BLAIR: You know, the town has done a great effort in farmland preservation. When you drive down the road, it is a shame to have to see all of the agricultural properties with deer fencing all around them. It is not attractive aesthetically but I understand that agricultural properties have to be protected because they have got a lot at stake, so as unattractive as it is, you are making, you are proposing a law that allows them to do it because there is a common sense factor there. I think there is a common sense factor about residential properties too, if it can be done aesthetically pleasing. I ask the town not to vote, I don't know whether you are planning to vote on this tonight but to really consider an option of allowing whatever height you want in the front yard, provided that it is screened from the road so that it is not visible from the road. It is a logical approach that gives private property owners the same protection that aghcultural property owners have. I don't think it is fair to discriminate in this sense because the scenic beauty of Southold to a certain extent is being marred by the existing agricultural deer fencing. But we live with it, we know they need to protect their livelihood. Let private homeowners protect their health in a way that makes sense. COUNCILMAN KRUPSKI: And like you said, Mr. Blair. This is a last resort. This is why the fences are going up. Absolutely the last resort. MR. BLAIR: The last resort for me. I didn't want it. You know, it became, they became so invasive .... COUNCILMAN KRUPSKI: Oh, I understand completely. Sure. MR. BLAIR: Well, that is my piece. I hope you can take into consideration what I said. Thank you. October 5, 2010 Page 50 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Thank you. Anne Hopkins, Orient ANN HOPKINS: My name is Ann Hopkins and I am in Orient. My situation is quite different. I live on Platt Road which is just a straight road. Used to be a farm road. And across from is 10 acres and two years ago it was going to be farmed and Jim Latham and Sep combined to put a solid deer fence all the way down. My neighbors hated it, they said they felt it was like Stalag 17 but we have gotten used to it and I am totally supportive and I myself have what I think I know several people in Orient have, which is, we haven't fenced in our whole yard but we have fenced in an enclave and I am here I guess to support the ordinance and also to I am afraid, very much disagree with the previous speaker because I think it would be ten'ible, certainly on Platt Road if you had fencing along the front because you just expect the deer are there and you protect the back and side but what a lot of us have is an enclosure. Mine is, I am about to have one upgraded because I have had steel posts and wire mesh but the deer have gone through that and it hasn't worked and so, I am going to, ifI can afford it, have an enclosure but it will only be a total of about 25 or 30 feet by 12 feet and so I am here to question the limitations of defining the fencing fabric and the spacing of 20 feet for the posts because I certainly think my posts will be closer together but it will only be a small portion of my side yard, which otherwise has trees and grass on it. And I know of several places, people in Orient who already have similar enclosures. They have enclosed one section of their property. So I hope that the regulations will be passed but will be flexible enough to allow for that kind of thing and I do hope you will stick to not allowing 8 foot fencing on front yards. Thank you. COUNCILMAN KRUPSKI: Thank you. Just to clarify one thing, we have samples of fencing here and the third sample on the bottom is pretty much what the code is talking about, the wider spacing. Now that is 4x6. The standard agricultural fence is 3x6 at the bottom, it is graduated fence. It goes up to 4x6 and then eventually at the top 6x6, it allows and I have seen all kinds of between cats and raccoons, possums, I have seen box turtles go past, freely through that. And that is why, instead of going with the chicken wire or turkey wire, something that wildlife couldn't pass through and you are never going to stop a raccoon anyway, you might as well allow for the free passage and stop the deer at the same time. That is why we supported that type of fence. SUPERVISOR RUSSELL: Mrs. Gilvarry? Justine Gilvarry, Southold JUSTINE GILVARRY: Justine Gilvarry from the Bayview area. First of all, I would like to th commend the Board. On September 28 , the Board had a meeting at the Peconic center. It was an outstanding presentation and I thank you very much. The information given there and the gentleman that first spoke, I hope he was here to get the information, was not only informative but also very nervous or very serious. And I wrote a little write-up and if it is alright if I could pass this out, because it does go over the importance of the deer population under control. And I read your face, Supervisor Russell, and I knew the frustration especially fi-om the DEC's officer was very straightforward, he was excellent. And he said it is our problem, you must have to deal with it and you need our support and that is what it says here. When I got home the next day, I October 5, 2010 Page 51 Southold Town Board Meeting Minutes got two, because I am interested in the disease factor, that is where my focus is, it is important about the deer but it is the deer and the diseases that are hitting Southold is my main focus. And Assemblyman Ed Romaine and Assemblyman Marc Alessi called me up and we sat down and talked about or talked over the phone that a conference is in need and hopefully in November there will be one and CDC also came through that week and saying that one of the five controllable problems that they have obesity and pregnancy and all but one of those five were personal infectious diseases. So that is a positive thought there, too. So it is alright if I could just let somebody pass these around. I don't have as many, if other people could make copies and send them to other people in the area to support this Board who is trying very, very hard. I am very happy about the deer fencing because I have gotten to the end of my rope also. We have tried everything in our area in the way of sprays, I used a boat horn and all kinds of things and I know that this gentleman talked about the feces on the lawn, they will tear up the roots of many of the trees and bushes. Most of my bushes only have another, well, last one more year. A six foot fencing was a piece of cake and so the elevation of it is important. Many of the people did say, the gentleman, that they did put fences in the front and it is done with taste, some of them, and again, it is a problem there because we are so inundated with the deer. I put the fences up towards my house, towards and front, not towards the back because the most important bushes which are the indigenous, I used to go around before houses were built and I would take the lady slippers and transplant them and that is were they are and there is hardly anything left. And that is why the fencing had to go up. So if I move them back, then I lose everything again. So I do have precautionary reason why I put them where they are and I try to be in good taste, try vines and all but have to be careful because they defeat my purpose of beautifying it and most of the deer fencing that I have seen so far has been very nice. And so if it is in, one gentleman painted his post like wood, so it looks like the wooded areas that we are in. The second part is the fencing actually is a good thing because it is forcing the deer to go into smaller areas and I interviewed a hunter over the weekend and he found 16 and then later on 22 in a small tiny area where the hunting is allowed. He was disappointed. He got two does within 20 minutes and here he had all Saturday and Sunday, he had to go mn down to Ridge, go get two more and I spoke to him about donating the deer to the (inaudible) down in Peconic and he was willing and that day, between those two days, he probably could have filled up that refrigerator locker. And he is willing to come back in two weeks or so and I asked him if he could take out four and then donate them to our locker for the poor people that we have that nutrition could be of value. And .... COUNCILMAN ORLANDO: Tell him to take out 40. MS. GILVARRY: I know. When we talked to the gentleman who said he would come in if we pay him, what was it? Up to $1,700 to take out .... SUPERVISOR RUSSELL: That is the USDA. MS. GILVARRY: But you know what? At the rate we are going, the problems we are having, we might have to resort to that. To get it under control. SUPERVISOR RUSSELL: That is very much a part of the discussion. The USDA has a special October 5, 2010 Page 52 Southold Town Board Meeting Minutes feature, they can tromp state law, state regulatory processes, so they can go into areas and take numbers that we can't under the current permitting process. But I just want to address the issue of the deer fencing again. Again, the Town Board was very, we understand the unpleasantness of the deer fencing, particularly in residential areas. We are trying to address a public health and economic and environmental crisis with the deer. The reason we went with the side yard, rear yard was because we are going to lose a few battles and a couple of front yards along the way might be some of the battles we are going to lose while we are trying to win the war which is the reduction of numbers overall. I am not sure the Town Board was willing the sacrifice the character of residential communities just to save the front yards. In other words, there has to be a tipping point where we say at what costs can we protect everything? The side yard, rear yard solution was give people that enclave, let them protect what amounts to in most cases, three quarters of their property but we will probably lose the battle in the front yard because again with the screening and we talked about screening, the problem is you can't really plant live screening that is going to survive the deer. They eat, they are known to eat everything including poison ivy when they are hungry. So that is a problem, we did try to address the aesthetic issues but what we said, let's get this on the books and from here we can always revisit it down the road but we are anxious to get something on the books and start with that, you know, that notion of keeping the deer from getting to the food source. That was the reason why we went with the rear yard, side yard. Also, there is no permit, despite the comments that were read, there is no permit requirement. You don't need a building permit to erect a fence in Southold and you won't need a permit to erect a deer fence in Southold as it is currently drafted. COUNCILMAN ORLANDO: If we could only get the deer to eat phragmites, we would be alright. MS. GILVARRY: But I think that truthfully, I would not like to see the fences too but we are in a position where we have gone past the point, as we discussed on September 28. So I understand and I would like to be able to say that maybe in two years or three years, we have the deer under control and we can take down these fences and once more have it the way it should be. SUPERVISOR RUSSELL: That is certainly our long term hope. Thank you. I am sorry, let me just clarify here. Actually I didn't realize that we do require a building permit for the rear yard and side yard installation of deer fencing under this code. I am sorry, I misspoke. Go ahead. Garrett Strang GARRETT STRANG: Good evening. I appreciate the opportunity to speak this evening. I would also like to echo the previous speaker in commending and expressing appreciation to the Board for hosting the deer forum a few weeks ago. It was extremely informative. And anyone who was unable to attend that really missed out on getting educated to many of the issues and possibly some of the solutions for those issues that were discussed that evening. I am afraid I am going to take a little bit of a different tact this evening with respect to my thoughts that I would like to share here. My feeling is that this fencing situation is a band-aid, at best. It doesn't address the real issue, which is deer management. It doesn't prevent ticks from migrating onto your property, it doesn't prevent fecal matter from leeching into the ground water source that we have here. It doesn't prevent the defoliation of the landscape that is outside of the fenced area, which then causes, as was discussed at the open forum additional runoff into our creeks and October 5, 2010 Page 53 Southold Town Board Meeting Minutes bays. There is a big issue here as we all know. Fencing is really not the way to go. I don't know if anyone has addressed the thought or addressed the idea of the cost of installing 8 foot high fencing, the specifications which are in this proposal. I did a preliminary cost estimate myself just on regular vinyl deer fencing which is relatively cost effective if you will. Not actually effective against the deer but it is less costly than what is being proposed here. And it was going to run around $3,000 to $4,000 on acre property to do that, just for material let alone installation. Now that to me means that many, many people are not going to be able to afford that investment. So we are not really going to be able to, I think, accomplish what the idea of this legislation is trying to accomplish. And if we were able to even do that and fence in the majority of properties that way, all we are doing as was previously mentioned, is moving the numbers, moving the deer into more concentrated areas or more concentrated groups in tighter areas, smaller areas. Creating more damage than they already do now and also creating them more to go out onto the roads, with automobile accidents, people suffering personal property damage. I don't know that is what we really want to do. Also, from appearance point of view, everyone seems to have I think the same idea, that well, the fences aren't pretty but they are a necessary evil. I don't necessarily agree that they are a necessary evil. Taxpayers have invested millions of dollars to preserve the rural character of Southold Town through the preservation programs that we have, which are commendable. This fencing is visually going to totally change the character of this community and what we are trying to maintain. I don't think it is the answer. It is essentially, I equate the deer fencing to address this particular issue to the next heating you are going to have, is asking Southold Town residents to put in ear plugs to address the noise issue. The town really needs to be much more aggressive about managing this program at both local, county, state and federal levels. It is going to take some money, it is going to take some effort but I think that is what we need to do. We need to manage the deer population not just put fences up. Thank you for your attention. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Maryann Librator MARYANN LIBRATOR: Hi, I am Maryann Librator. I wasn't planning to speak tonight. I have had Lyme's disease four times since 1995. It has gotten to the point now that when I call up my internist, he just, he doesn't even test me anymore he just says come in and let me write up a prescription. I live in Orient and my, believe it or not, one of my major concerns is for all of the lovely nurseries that we support here on the north fork. I haven't bought anything for my property in two years because they eat everything. They have eaten everything. I have 100 foot of border that is absolutely buck naked because they have eaten everything. They have eaten my grandmother's roses that I can't replace, they eat everything. And I don't think 8 foot is going to protect anything because I have seen, we have on Orchard Street what we call our own personal deer herd, because one of our neighbors feeds them cracked corn every night. Summer and winter. And we have watched, we purchased our house in 2004, we have watched our personal deer herd go from one or two, we now have 25. And they come out to a certain house at 4:00 or 5:00 in the afternoon every day and wait to be fed. Last summer, the summer of 2009, my visitors from New York City thought I had dogs because there were two fawns that were birthed on my property and I guess they imprinted that this was their home and they didn't go to bed on time at dawn every morning, so they would hang out until like 11:00 am every morning and certain folks have visited us, thought that we had dogs. And it was two fawns. They were twins October 5, 2010 Page 54 Southold Town Board Meeting Minutes because our personal deer herd is very well nutrioned, so most of the does give birth to twins. And so I think just to protect the nursery industry which is vital to the north fork, you would want to do something about these deer and I have seen members of my personal deer herd jump my privet, which is 10 feet tall, from a standing start. These things are like, they are like super, they just bound around like kangaroos. So I really would encourage you to perhaps, I think it is admirable to try to do something, I would kill them all. I think they are a health hazard, they are a health hazard. There are two men in Orient, one of whom almost died in June from, I hope I am pronouncing this correctly, from babesiosis and he is still walking around with the pain after he went to Burke rehab up in Westchester for weeks and weeks. So this is really very serious and I would really hope that you would go to 10 feet and I would really hope that you would adopt the Shelter Island precedent of trying to sterilize them all because they are just duplicating themselves like rabbits. Thank you very much. SUPERVISOR RUSSELL: Just a quick clarification. Actually, Shelter Island has, it is not a sterilization program, that is not permitted under state and county health law, what it is, is a four poster program which inoculates for, actually it is a deterrent for the ticks. They feed the deer and they go into this poster program that is a tick repellant but they don't have a sterilization because they are not permitted under state law as we are. But we are looking at every angle and you need to understand that there is no one silver lining, there is no singular solution and we are working with wildlife biologists. One of these issues is to reduce the food supply. The reason we suggested 8 feet is that is how they are manufactured, in 8 foot rolls. But we are working, you know, the idea is deny them access to the food so that they stop having two and three calves in a season and you know with the hunt, all of those things are all part of this global integrated plan to try to reduce these numbers. COUNCILMAN ORLANDO: And I agree with what you and Garret said, that the fencing is a band-aid. Absolutely no denying it is a band-aid effect but we are also doing the deer management program. We are trying to eliminate some of the herd by opening up town owned property to hunters and we have the refrigerated trailer now at the Rec center for all hunters to bring down their deer and we will bring it down to Oakdale. You read that resolution, we are renting a refrigerated trailer so hunters with nuisance permits can shoot as many as they want, bring them down to the Reo center, we will put them in the refrigerated trailer and we will bring them down to Oakdale where this person butchers them up and brings them to food shelters. So we are trying our best, we know the fences are band-aids, we are also trying to eliminate some of the herd as well, in the meantime. SUPERVISOR RUSSELL: Chris? Chris Baiz, Southold CHRIS BAIZ: Good evening everyone. My name is Chris Baiz, my wife and I live here in Southold and operate a farm. I am fascinated with this, there is a lot to say. Didn't somebody once say good fences make good neighbors? And I hear this echo in the room but I have a couple of points here about your specifications in the law. You are requiring the 12 ½ gauge, 96 inch high wire fencing, a 330 foot role weighs about 600 lbs so that means a 100 foot section of that weighs about 200 lbs and you are allowing only a minimum spacing in between posts of 20 feet; your end posts are going to have to be quite strong to hold the tension that is required in October 5, 2010 Page 55 Southold Town Board Meeting Minutes relatively short section. Usually in 1,000 or 1,500 foot long sections, it is virtually the weight of the role or the wire itself just hooked up or stapled onto the line posts that gives it its tension and holds it in place but in short runs, just like in short vineyard rows with trellises, you can crank all you want to try to tighten those wires but you can't get them tight enough. And then the 20 feet doesn't necessarily take care of the H braces that are needed in the comers, those H braces are going to have a horizontal post 10 to 12 feet long and then you are going to have a second post within 12 feet of the comer to make that H brace. More to, so I hope you consider some of those issues that maybe a post on the far right that you have got there would be an adequate end post in a residential area. These are not going to do it. they would have to be .... SUPERVISOR RUSSELL: We are not, these are the ..... MR. BAIZ: I know, I .... SUPERVISOR RUSSELL: Those are specifications we got from the installer. That is why 20 feet was selected. That was sitting down with the installer .... MR. BAIZ: Well, that is the typical spacing. We sort of cheat so we can save ourselves a few bucks on a 12 foot post and we did it at 25 feet, so that, you know, every 100 feet you save yourself a post of $12.95 or $14.95 or whatever. COUNCILMAN KRUPSKI: But you are right about the comer bracing, that should be put in here. MR. BAIZ: Yes, the comer bracing needs to be in there. Especially if you are going to use the high tensile 12 V2 gauge galvanized, not tie knotted wire. I do not recommend woven wire that goes like this. That is not a good idea. You want tie knotted wire. There is a local vendor here in the north fork area who supplies this stuff. He gets it straight from a wire mill down in Arkansas and that is the one wire mill in this country that also will deliver it to you painted black. So it is unobtrusive, doesn't reflect light like galvanized wire. Deer fencing is not a band- aid, it saves our crops and it saves our livelihoods and it is probably the only reason why you have got some agriculture left here in the Town of Southold, number one. Several years ago the DEC invited members of the agricultural industry out here on the north fork and the east end to a seminar on all of this, on how to control the deer and they said we have got three ways to do it. One is contraceptive, the second is our regular hunter program and the third is our nuisance permit program. And they basically said none of them work. The contraceptive program doesn't work because a doe will have to eat the contraceptive inoculated feed for 180 continuous days before it is effective. So contraception does not work practically. The deer hunter program, we have become such a sophisticated Waldbaum's and IGA society that we don't think about how we used to have to provide for our food and go slaughter our own meat three generations ago and so we just buy it in cellophane down at the local IGA and so we are not creating as many hunters as there used to be 30 or 40 years ago or people who like to go out and do that. And number three, the nuisance permit program has its own problems, so that even though somebody can be on a farm property 7 days a week, 365 days a year to retire some deer, that is an awful lot of dedicated time in order to do that. And then have to go through the various problems of driving October 5, 2010 Page 56 Southold Town Board Meeting Minutes up to Ridge with the deer and calling in, the landowner has to call in in the afternoon and say I am going to be hunting tonight or have somebody hunting tonight and then you have to call back to the DEC in the moming to say I am done hunting now and we got something or we didn't get anything, so the whole process is a little difficult. So the DEC, they said there is a fourth solution to the problem right now and that is fence your property in. And that is the only method that works right now. and all of this is borne out of legislation that was put in place back in the early 1950's because back in the early 1950's there were only two small pods of deer identified in the entire state of New York and some folks got a hold of that and of course, Walt Disney did too, because Bambi came out at that time, the movie and that result, we basically New York State at that time invented an endangered species level law for deer in this state and that law has not changed since. And if anybody wants to do anything about this, you have to get the state legislature to recognize that deer are no longer an endangered species and are willing to change that law. And right now, that is our only, that is our only way out of this morass is to get them to change the law that we have a nuisance population rather than an endangered species. SUPERVISOR RUSSELL: Thank you. I just want to stress again that this is a public hearing for deer fencing in the residential zones. None of this applies to the agricultural community. They are absolutely permitted to fence property as a function of ag and markets law. This would just be in the residential zones. Also we are working everyday with the higher ups in the DEC to get them to understand that we are no longer managing wildlife, we are in the pest control mode. And we are getting, we are making progress, albeit slowly with those groups. MR. BAIZ: And I am totally for residential areas being able to help protect themselves. I, my family has a couple of residential properties and they are benefiting from the deer fencing on the back side of their properties from my farm. I am glad I would now be able to enclose their sides. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this issue? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I don't see any tick fences over there. So we have got more than one pest that we are dealing with here. Couple of things that I would like to put in a plug for a movie. Only five libraries in Suffolk County have this movie but three of them are here in Southold; Cutchogue, Mattituck and Greenport have a movie called 'Under our Skin' which does a pretty good job of explaining that we are not just dealing with Lyme disease which is a bacterial infection which gets into ticks, we are not just dealing with TBE which is a viral infection in the ticks that attacks the brain and the meningus, I think that is how you pronounce it, I didn't even know what the menigus' were but apparently the coating of our nervous system throughout the whole body. There are many diseases in the ticks and they are not just in the ticks, the ticks are coming from the deer but it is a, I think there is a real issue whether fencing and hunting are going to help or they could hurt, especially if they are not done properly. So I think we need more information to enact a law. I live down on the beach, we don't have a whole lot of deer right now but I just, I live next to the Fleet's Neck property owners beach which is supposed to be limited to members of our property owners association. So we got this new director a couple of years ago, he said no problem. We posted guards, it didn't help. Everybody comes down to our beach. October 5, 2010 Page 57 Southold To~n Board Meeting Minutes SUPERVISOR RUSSELL: I don't want to be rude. I just want to stay focused on deer fencing in residential zones. MR. SCHWARTZ: I will. I will. But that is what he wanted to do, is fence in the beach. You can't fence in the beach. You can't fence in Southold Town. What you can do is fence in a few certain farms that can afford it, certain houses that can afford it. But what about the houses that can't afford it? Cannot afford the fences? What happens to them? And even the houses that can afford it, is fencing the deer out really going to stop the Lyme's disease? It may stop the deer from eating the shrubbery, the landscaping. That clearly it might do, my big problem is rabbits eating my garden. COUNCILMAN KRUPSKI: This is only an amendment to the existing code because currently people could put up 6 foot high stockade that completely blocks everything, alright? So this is an amendment to allow people to go, if they want to, to go .... MR. SCHWARTZ: Six and a half feet high to go to 8 feet. COUNCILMAN KRUPSKI: To go to 8 feet, that is all. So it has got nothing to do with whether people can afford it or not, if you are going to go, it gives you a different option. MR. SCHWARTZ: Well, what it does essentially is keep the deer out of a small part of Southold Town. No matter how many, you know, fences are going to get put up, there is still going to be a lot more area that is not fenced in. Same with the hunting program, the current hunting program. The estimate that I heard was 10,000 deer in Southold Town. Now, with all the interest and these libraries having this video of 'Under our Skin' about the ticks reflect the interest in our communities. People who came here today but with all due respect, I would like to see these people get involved in the comprehensive plan, do some comprehensive planning for deer management, tick management and a couple of other issues. There has been a lot of research that they are doing over in Connecticut, there are contraceptives that can be applied through darts I think, twice a year. They are working on one that they can just apply once year, so contraceptive programs may be more practical in the future. But the studies have shown that when you keep the deer out of a small area by putting up a fence, that does not stop the tick. In fact, there are studies that show that in some cases the ticks increase in number inside that fenced in area and also the ticks there are hosting on rodents and other animals that unlike deer, one thing about those ticks when they host on the deer, the deer don't, apparently don't get a lot of these diseases, so the deer don't transmit the diseases from the ticks. Ticks get them somewhere else. I don't know, this is the research I could do and I don't want to take too long but there are some issues there. SUPERVISOR RUSSELL: Can I just clarify one thing? MR. SCHWARTZ: In terms of the hunting, the studies that I read about described 50% or 80% reductions in population as being effective to control the deer population. If we are talking about, in Southold, under 500 deer last year killed out of 10,000, that is less than 5% .... October 5, 2010 Page 58 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That is why we are .... MR. SCHWARTZ: Of the population. SUPERVISOR RUSSELL: And again, that is a heavily regulated activity. What we are doing is every year we are getting more compliance or ..... COUNCILMAN KRUPSKI: Opportunities. SUPERVISOR RUSSELL: Largesse or opportunities from the DEC. But let me just go back to the other issue, when you talk about, we understand that there is a tick disease, a tick problem and rodents etc are part of that problem. All critters make good hosts. But you can eradicate mice and rodents by calling an exterminator. You can't do a damn thing when you have 14 deer in your yard, under current law. So that is why the fencing was proposed. Because you can take steps, if you dispose ora raccoon, you put it in yellow bag. You don't have to drive to the DEC and have it weighed and tagged, you know, there are vehicles for those homeowners to do what they can for pest control on site for all currently, right now for all but for deer. So that is why the deer fencing is being proposed, to give homeowners some sense of control over part of the property. Now, one gentleman is disappointed that we didn't address the front yard. We are trying to balance out the issues here and the needs of the community. MR. SCHWARTZ: Is a fence and a wall considered the same under this law? SUPERVISOR RUSSELL: Under the code? I believe it would be. If! am not mistaken. But to go to the height you want, you just need to select from that. MR. SCHWARTZ: I just know what happens to a neighborhood when you start walling in the properties versus when the properties are open. COUNCILMAN KRUPSKI: Well, see people can do that now, with stockade. They can do that with the stockade fence. MR. SCHWARTZ: People can but are they? Anyway? COUNCILMAN KRUPSKI: Yes, in some areas they are. MR. SCHWARTZ: And do we want to encourage that? SUPERVISOR RUSSELL: I would strongly recommend you did that because I just sat with your neighbors the other day that were complaining about the guinea hens going on to their property. They have a valid concern, so maybe some fencing .... MR. SCHWARTZ: Who were you talking to? SUPERVISOR RUSSELL: Several community members that came to see me on a Saturday October 5, 2010 Page 59 Southold Town Board Meeting Minutes because they are concerned about it. So maybe fences do make good neighbors and maybe it is okay to have these things if you keep them on site. MR. SCHWARTZ: I only know of one neighbor who has objected. COUNCILMAN TALBOT: You are getting off topic here. COUNCILMAN KRUPSKI: Yes, we are way off topic. SUPERVISOR RUSSELL: We are way offtopic... MR. SCHWARTZ: Not totally because guinea hens eat ticks. COUNCILMAN KRUPSKI: We still have a public heating, let's stick with the fencing here. MR. SCHWARTZ: I will close by just mentioning that, you know, I don't think the fencing is going to do anything to help the traffic problems. I don't think we can fence all the roads in in Southold Town. Currently, we are just starting, October to December is the mating season for deer, so that is ..... SUPERVISOR RUSSELL: That would explain the sale of chocolate in all the stores. MR. SCHWARTZ: Very funny when you get in a car accident. SUPERVISOR RUSSELL: It mirrors state hunting regulation. We don't get to select the date, the state does. That is why all of the... MR. SCHWARTZ: Nobody is saying you should select the dates. I am saying people should drive carefully over the next few months. Maybe we should have speed limits that adjust for the season. Thank you. COUNCILMAN TALBOT: Anybody who hasn't had the ability to view that deer meeting, it is going to be on tv. SUPERVISOR RUSSELL: It is going to be on 22. COUNCILMAN TALBOT: There is real good information on there regarding the stuff on air and one other thing, feeding the deer is illegal and if you call the DEC, that officer will happily come down to Orient and write a violation to the people that are feeding it. If it is happening anywhere in town, it is a violation of state code. Supervisor Russell SUPERVISOR RUSSELL: And we are stepping that all up as part of the integrated approach here. There is no single solution, it is going to be a selection of several different solutions. Would anybody dsc like to comment on deer fencing in residential areas? (No response) October 5, 2010 Page 60 Southold Town Board Meeting Minutes LL/Noise Ordinance Set PH COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7th day of September, 2010, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October, 2010 at 7:38 p.m. at which time all interested persons will be given an oppommity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. {}200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving October 5, 2010 Page 61 Southold Town Board Meeting Minutes rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: 1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment ora condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which October 5, 2010 Page 62 Southold Town Board Meeting Minutes when measured at or beyond any lot line of the property on which such noise pollution is being generated, exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. A. The provisions of §200-5 and §200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. 3. Noise from agricultural equipment. 4. Noise from church bells or chimes used. 5. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. 6. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. 7. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. 8. Noise from municipally sponsored celebrations or events. 9. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. 10. Noncommercial public speaking or public asscnnbly activities conducted on any public space or public right-of-way. 11. Emergency construction or repair work. 12. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. 13. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. 14. Emergency stationary and mobile signal devices. 15. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate the provisions of this chapter shall be guilty of a violation October 5, 2010 Page 63 Southold Town Board Meeting Minutes punishable by a fine not exceeding $500; and upon conviction of a third or subsequent offense within 18 months, punishable by a fine not exceedingS5,000. Ifsuch violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense, In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce 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. We have a notice that it was posted on the Town Clerk's bulletin board on September 14, 2010. We have a notice that it was posted in the Suffolk Times on the 23ra day of September 2010. A notice from the Suffolk County Department of Planning, 'Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter- community impacts. A decision of local determination should not be construed as either an approval or disapproval.' I have one, two, three, four letters from residents in favor of the law. The letter from Long Island Wine Council; we have a letter from Martin Sidor, chairman of the Planning Board, 'Thank you for the opportunity to provide comments on the proposed local law referenced above. The Planning Board has reviewed the proposed legislation and offers no comments.' And from the LWRP coordinator Mark Terry, 'The proposed local law has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the Local Waterfront Revitalization Policy standards. Based upon the information provided to this department as well as records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' And that is it. RESULT: CLOSED [UNANIMOUS[ MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Alright, let me just quickly say, first of all, I apologize. This is a very important issue that requires a lot of public input and dialogue and give and take. It shouldn't have lined up the same night as three other public hearings. That is, unfortunately, that was just the way some of those were delayed and tabled. I apologize for that but rest assured, we October 5, 2010 Page 64 Southold Town Board Meeting Minutes want to hear from everybody as we move forward on legislation with regard to noise. I would now open the floor. Please. John Brady, East Marion JOHN BRADY: Hi, John Brady, East Marion. I am just curious, how loud is 65 decibels and how loud is 50 decibels? I have no idea. UNIDENTIFIED: You are over 55 decibels right now. Inaudible. A vacuum cleaner running at 1 meter away is 70 decibels. UNIDENTIFIED: Inaudible. COUNCILMAN TALBOT: well. Yes, a chirping bird out in public is over the decibel reading as Anne Murray, East Marion ANNE MURRAY: Like many East Marion hamlet residents, I lost sleep (inaudible) for many years as a result of extremely loud, amplified music that came from the Blue Dolphin. This was located, by the way, almost a mile (microphone turned off, comments mostly inaudible). SUPERVISOR RUSSELL: Thank you. Adrien Greenberg, Greenport ADRIENNE GREENBURG: Thank you very much for giving me the opportunity to speak. My name is Adrienne Greenburg, I am from Greenport. I am speaking for 14 of my neighbors who live on Sound Road in Greenport. We are very pleased that the Board is working on implementing a noise ordinance in Southold. We are the only town on Long Island without such an ordinance. Without an ordinance, we are auditory captives of a local restaurant owner who, this is on Sound Road, this is not the Blue Dolphin, when complained to about the amplified music coming from their grounds, this individual who owns this restaurant told our neighbors that if they want, if they didn't want to hear the music, they should just go back to their house, close the windows and spend the day in their air-conditioned rooms. He didn't have to worry, there was no law. He knew he was not breaking any law. So why not tell them go away. An ordinance to control noise should not mean that businesses should cease to function. Instead it should mean that businesses and residential neighborhoods will be able to coexist. Since you are considering adopting a noise ordinance, we hope it will be something that can be easily enforced and not ambiguous. We are concerned about two ambiguities in the proposed law which will inhibit enforcement. One, as the code is written now, the fine could be set because it says as low, the first fine up to $500 could be set so low that the offender could just absorb it into its business expenses and continue to offend. As the code is written now, the second of the two ambiguities, the noise meter measurements can be taken from any border of the property. We would like to know who determines from which border of the property the meter reader is to be taken? I didn't notice that in the write up. Is there a location? Is there, who... SUPERVISOR RUSSELL: What it does is it allows the enforcement agent to take the meter reading from any of the border of that particular property. It also allows, which says and beyond, October 5, 2010 Page 65 Southold Town Board Meeting Minutes so it allows the officer to take the meter reading from the complainant's property, from beyond the site plan of that particular parcel. MS. GREENBURG: Okay, because if the property is large enough, in essence, they can go to the far end of the property and be, the source of the noise might be here, the homes might here, they could go to the far end of the property and say, sounds fine here. SUPERVISOR RUSSELL: Well, we discussed this with the police chief and the captain today and again, they would use their discretion. They would take the reading from the side of where the complainant is. MS. GREENBURG: Well, if somebody is somebody's friend, they will use their discretion to go to the far end if there is no law. But if it says very specifically that it has to be closest to where the noise has been generated, then for example if the property is this big and the offending music is here, they could go over there, if it is their somebody. COUNCILMAN ORLANDO: Well, that is why we were talking about it today. Maybe we should change that to the complainant's. So if it is at your house, the officer can go to your house with the meter and say, okay, it is too loud. MS. GREENBURG: The closest perimeter. It seems to be .... COUNCILMAN ORLANDO: Because yours might be the closest at that time. Every place is going to be different. MS. GREENBURG: Alright, well, the people who seem to have the most experience with noise, I think, I bow to them. We just had it this summer in one restaurant and well, I just indicated what the, I thank you very much for addressing this very important issue on the quality of life. Thank you very much. And I am going to give you this because this is the 14 neighbors for whom I am representing. SUPERVISOR RUSSELL: Thank you. Joe Fischetti, Southold JOE FISCHETTI: Good evening, I am Joe Fischetti, I live in the village of Southold. There is the one section 200-7 A2 which deals with construction activities, what you have right now is construction activities 12 hours a day, 7 days a week, Sundays and holidays. I have sleeping beauties castle being built across the street from me, for nine months they built and actually they have been building until 9:00 at night, steel workers are there from the other side of the county. They are there 7:00 in the morning until dark. Seven days a week, Memorial Day. You have to change that portion of the law. This is not good. I would recommend that construction activities between 7:00 and 5:00 so we have at least a dinner time that is reasonable, that is 10 hours a day. That would be reasonable for a construction activity. And Sunday's and holidays, no construction activities. The other thing that is left out of this portion is deliveries of construction materials. Now at 6:30 in the morning when construction materials are being delivered, that is not construction activities, you have trucks with the beeping every morning. You have, those October 5, 2010 Page 66 Southold Town Board Meeting Minutes deliveries will happen at least two or three times a week. So I would recommend that construction activities including deliveries of materials be part of that noise. Now again, this is different than decibels. These happen intermittently at high levels and low levels so you can't get somebody over there with a decibel readers. It needs to be specifically stated when construction activities have to happen. So again, 7:00 to 5:00 would be great, give us our Sunday's without that and holidays and make sure that deliveries of materials are included as part of construction activities. Thank you very much. SUPERVISOR RUSSELL: Thank you, Joe. Joyce DeCordova, Greenport JOYCE DECORDOVA: Hello, my name is Joyce DeCordova and I live in Greenport. I commend you for this ordinance and the hearing. I have two questions and again, the lady mentioned the fine, when you were reading it, you said the first offense $500 but in the reading here it says not to exceed $500. So I wonder if the Board member could clarify that? COUNCILMAN TALBOT: It says here punishable by a fine not exceeding $500. That was just a paraphrase of the law that was written. That is correct. MS. DECORDOVA: So not exceeding, so, and I want to support the woman that was speaking before. That to me is ineffective because they could get a fine for $50 and unless you hit the pocketbook, things are not going to change. COUNCILMAN TALBOT: If you get caught cutting your grass after 7:00 PM, you can get fined $500 too. MS. DECORDOVA: Yes, yes. But the fine is up to the discretion of the police? Is that how it is going to work? SUPERVISOR RUSSELL: No, anybody that is violated, they would have their right to due process, it would ultimately be the judge's decision on what the fine should be. MS. DECORDOVA: Oh, okay. SUPERVISOR RUSSELL: In other words, it would be the judge to determine all the mitigating factors, any of the issues and assign a fee not to exceed $500 for the first offense. MS. DECORDOVA: I got it. Thank you. The second question I have is you say that the person who is doing the noise is going to get the fine. What about an absentee landlord, do they get fined? Or just the person that is living in the residence, do they get fined? Or both of them? Is that going to be anything that we can clarify? SUPERVISOR RUSSELL: I am going to defer to Martin, our town attorney. TOWN ATTORNEY FINNEGAN: As drafted, anyone controlling, causing the noise, so if it is the tenant, a person on premise who is making the noise they are the person who is controlling October 5, 2010 Southold Town Board Meeting Minutes Page 67 the operation of the noise and they are the ones who would be subject to the violations. MS. DECORDOVA: It would be the tenant. TOWN ATTORNEY FINNEGAN: As drafted, the legislation would allow for a violation for the person controlling the source of the noise. So if you have a DJ for instance on your property, if you have somebody who is creating the noise pollution, that is the person who could be violated. The owner of the property could be violated as well. So it is not limiting it to just an owner, it could be anybody who is on the premises who is creating noise that is not exempted under the law. MS. DECORDOVA: So in the case of an absentee landlord, it could in fact be the absentee landlord as well as the tenant? TOWN ATTORNEY FINNEGAN: I don't, I think it is whoever is on premises, controlling the premises and generating the noise. MS. DECORDOVA: Okay. Thank you. COUNCILMAN ORLANDO: To answer your one question, since there in no two alike situations, that is why it is up to $500. Because you know, when Scott Russell has a Sweet 16 party for his daughter and the music is too loud, we don't .... UNIDENTIFIED: Inaudible. COUNCILMAN ORLANDO: He will get the one fine. COUNCILMAN TALBOT: Got a long way before she is 16. SUPERVISOR RUSSELL: It is a lot longer than she might think. She thinks she is already there but she has about 7 years to go. Ron Goerler, LI Wine Council RON GOERLER: Thank you, Scott. Long Island Wine Council, Ron Goerler. You guys get an A for effort tonight for patience. But we wrote a letter on October 1 in support of the ordinance. Obviously we have a few questions. I just want to read the letter for the record. 'The Long Island Wine Council generally supports the objectives of the proposed local law number 2010, entitled 'A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold'. However, we do have some concerns about the current text which we would like to be clarified or addressed before the proposal is adopted by the Town Board. One concern involves the collection of decibel data which was brought up earlier. We note that section 200-4 provides definitions for decibels and sound level meters, but the proposed law does not indicate how the decibel data will be collected and recorded for use in later proceedings. In other words, will the persons concerned be presented with official documentation showing the meter reading at the specific location and time? October 5, 2010 Page 68 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes, they would have to. And under the budget that I submitted to the Board, that includes noise meters. It also includes a contract for the regular servicing of the meters, the calibration of those meters and everything you would need. It is really not much different than a radar gun with speed. All those are requirements to adjudicate. MR. GOERLER: Okay, another related concem is the method of measuring the decibel levels. Section 200-6 includes two distinct decibel limits but does not say how the decibel levels are measured in relation to the ambient noise. For the purposes of determining compliance with this law, will the decibel levels be measured with or above ambient noise? SUPERVISOR RUSSELL: That is a very fair point that we discussed today. And let me just tell you, we read your letter, you had a lot of good input. One of the reasons and for other people that raised the issue with the fines, any of those are substantial changes, we are requiring a renoticing of this, by the way. But the idea was the police officer would take the ambient noise and then take a reading, use that as a benchmark and then take the reading beyond the ambient noise. MR. GOERLER: So it is going to be above the 65 decibels. SUPERVISOR RUSSELL: That is my presumption. Again, I will refer it to Martin but there are certainly .... TOWN ATTORNEY FINNEGAN: I believe that the officers are going to be trained in the use of the sound level meter and the meter has the ability to take a measurement of ambient noise in the area. Ambient noise may not always be a constant. If you were referencing vehicular noise, things like that. It depends also on where you are as to whether or not there some level of ambient noise that can even be detected. In a residential neighborhood there may none but the source of the noise pollution. Obviously in a commercial area it could be .... MR. GOERLER: Unfortunate thing out here is the weather, which is the wind that carries the noise most of the time to these areas that people complain about. So that is something, I don't know how that fits into the law but obviously wind carries the noise way beyond where it should be sometimes. We also note that section 200-6 prohibits airborne or amplified sound above 65 decibels on Sunday through Thursday from 7:00 am to 7:00 pm and from 7:00 am to 10:00 pm on Friday and Saturday. Because of the 50 decibel and the 65 decibel limits establish very low thresholds in relation to the ambient noise (e.g. airborne sound from street traffic is 70 decibels) we would ask that the 65 decibel level be permitted until 10:00 pm on Sunday through Thursday and until 11:00 pm on Friday and Saturday. We appreciate that there is an exception for agricultural equipment in the proposed legislation, paragraph A3. Generally we would prefer that exceptions for agricultural and any provision of the town code use the phrase "farm operation as defined under state ag and markets law" which encompasses a full range of practices normally associated with agricultural activities. Finally, paragraph A9 provides the exception for other charitable and special events held in accordance with all pertinent provisions of the Southold town code. We assume that this exception would thus apply to all permitted events, including those at wineries and other farm operations. If so, we would note that the town October 5, 2010 Southold Town Board Meeting Minutes Page 69 is only now launching a process to consider possible modifications of its special events legislation. We would prefer that the rules and the procedures required for obtaining such permits be clarified before referencing such pertinent provisions in any new legislation. In closing, I would like to reiterate that our members generally support the objectives of this new law and we look forward to working with the Town Board to clarify these issues so that we can proceed with its implementation. SUPERVISOR RUSSELL: Thank you, Ron. Let me just again reiterate, we read it, you raised some good issues, we appreciate your cooperation. I think one of the ironies here is people said, well, you are proposing this because of the wineries. We don't get complaints from wineries generally speaking. In fact, what really fueled this fire was two businesses at two ends of town and then the third that showed up. But generally the wineries have the events in the afternoons, they are generally more acoustic in nature. It is not, you know, the issues that we were trying to address with regard to Blue Dolphin and other operations. And you have been cooperative and we want to thank you for that. You raised some good issues, again, this town, to make any changes, including fine structure, we would have to re-notice this but we certainly will consider · all of that as we sit about finalizing this. MR. GOERLER: Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: What he means is, we all get to do this again some other night. SUPERVISOR RUSSELL: And we assure you that it will be the only heating that night, we would not .... Andy Semons, Southold ANDY SEMONS: I am Andy Semons, I live here in the hamlet of Southold also. I want to follow up on something Mr. Fischetti was saying earlier because I happen to live on the other side of sleeping beauties castle, which is under construction. I think it is not just about the decibel level of the noise and I do very much second the idea of limiting the construction hours so that we have a little peace and quiet on Sunday's at the very least and during the dinner hour. But is also the frequency and the repetition of the sound. I mean, we have been living next to, for the past 16 months on you know, a seven day a week, you know, almost a 24/7 days, the sound of backhoes and bulldozers and all kinds of excavations. It was the clearing of land that went for, you know, a good six months before they even started constructing on the property and I can tell you, nothing is more disruptive when you go out of your house on at 6:00 on a sunny summer morning and go for a quiet paddle on the creek and already the construction noise is ramping up. So I think we have not able to use our yard or to entertain for the past year and a half, it has been, you know, virtually impossible to sit out on the patio in the evening and if there is something that the town can do, because you know, construction machinery moves around but you know, ultimately the decibel level isn't nearly as important as the repetition of these grinding, horrific noises that interfere with conversations and interfere with birdsongs, that interfere with everything in your life. I think we do need to make some provisions that are specifically on that. And just as a side note, sleeping beauties owner has confided in me that he October 5, 2010 Page 70 Southold Town Board Meeting Minutes hunts and he is building an exterior pen for his five beagles. So I think ..... oh, I am sorry, I was just making note of the fact that also the fact that we may be also the recipients of an outdoor dog pen on the street with five beagles. Might be a little annoying as well and I haven't seen anything specifically .... SUPERVISOR RUSSELL: Actually, barking dogs are already covered under the existing code. In fact, it is really the only reference to noise we have in the code that is enforceable. That is enforceable. We have other references in the current code that just simply aren't enforceable but we do have one specific to the barking dogs. MR. SEMONS: Alright, well, thanks. SUPERVISOR RUSSELL: Thank you very much. COUNCILMAN ORLANDO: One quick question, sir? Who in your neighborhood nicknamed them sleeping beauty?. I am curious. MR. SEMONS: Joe actually just said that. I figured it was a good one to follow up on. Darline Duffy, Greenport DARLINE DUFFY: Hi, I am Dadine Duffy, I live in Greenport. The thing that I want to talk about has nothing to do with decibels. What is upsetting me, I have a neighbor, most people don't know about this and I didn't know about it and I work in Town Hall, so I wanted to bring it to everyone's attention. My neighbor put in a building permit to put an indoor swimming pool. He built a whole structure to put this pool in and I looked at the plans and I, it looks great. Actually when they finished it, I thought, very nice. It is only 20 feet from my house but you know, it is within the parameters of where he is allowed to build and I thought, well, this is a beautiful building and yeah for him and I had no problem with it until they cranked up the dehumidifier, which is not that loud. I have to tell you, it is not loud, it is not disrupting me. I can hear my television but I need to have my TV on so I don't hear the dehumidifier and it goes 24 hours a day, 365 days a year. I happen to live in the quietest spot on earth, ! think, until now. I can't hear the birds, it is so aggravating, I can't, we are actually, the house has been in the family for 62 years and we are considering selling it. and I don't know what it is going to do to my market value when someone pulls in the driveway and hears this thing constantly humming. Now my neighbor, I said, she said to me, I hope my builders didn't bother you building it and I said no, it is no problem, because they don't live here, of course. And I said it was no problem, they were very considerate but I have got to tell you, I said that hum, you know, is there anything you can do? Oh, is that bothering you? I said, well, yes. I hear it all night, I wake up at 2:00 in the morning, I hear this thing cranking all the time. I talked to the building department, everybody shrugs, what are you going to do? What am I going to do? I am going to sell my house, I think. COUNCILMAN KRUPSKI: You know, it is hard, you listen to all these noise problems and it is really a difficult problem because everyone has a little different angle on it and different problem. October 5, 2010 Page 71 Southold Town Board Meeting Minutes MS. DUFFY: I just can't believe that the building department didn't know that I was going to have a constant hum and it kicks on and off once every minute, so it kicks on and when it kicks on, it kind of grinds a little, so you get that noise. Hums along for about 20 seconds and then it clicks off. You hear the click and it clicks off, then it clicks on again 35 seconds later. I have got to tell you, it is driving me crazy. And it is really very unfair. I have been living there for 25 years myself, in a very quiet place. And now, my neighbor who lives in Queens has an indoor pool. They are not even there. And this has to go all the time. I don't know what to do about it. I have got to tell you. COUNCILMAN TALBOT: I am not a big supporter of noise ordinances by any means. My big thing is people should have common courtesy for their neighbors and you tell me about that problem and there are ways for this guy to abate this thing. There is, you know, people are spending big money on the south fork, I was at a house the other day and they are spending $400,000 on noise abatement inside the house. Inside the house, just to keep noise down from room to room. But they have a lot of different products where they can wrap these things, put a fence around the thing. Wrap it with some padding and it will send the noise up into the air and you won't hear it at all. But it coming down to people having common courtesy for their neighbors. You know, a lot of people might not like this but the biggest complaints we have are from our newest residents out here and the biggest people they complain about are also the newest residents out here. And that is a problem because when you come from Manhattan or you come from Queens, you are not living in a park up there. But you are coming out here and there is a little bit of noise or there is noise that has always been here and now all of a sudden, everybody wants a noise ordinance. How about a little common courteSy amongst your neighbors and go over and ask your neighbor to quiet some of these things down? Well, it is a shame what this town is coming to because of these things. If people would have a little common courtesy for their neighbors, it's a problem and mostly the residents themselves, they could eliminate most of the .... MS. DUFFY: Chris, you and I talked about this and I appreciate that. You told me to talk to them about it but I haven't seen them. You know, he lives in Queens so he is hardly ever here. So I now live with this humming dehumidifier. COUNCILMAN TALBOT: It is a shame. MS. DUFFY: But I just wanted to bring it to your attention, that this happens and maybe the building department should, actually they sent me a copy of the building and all that, you know, and I looked at it and I thought it was fine and I am sure they thought it was fine. I don't think any of us knew that this was going to be here but I just wanted to bring it to your attention. COUNCILMAN KRUPSKI: That makes sense, to require someone to mitigate that type of noise. It is going to be really obvious. MS. DUFFY: I don't really expect them to do anything for me but I think everybody should pay attention to this. If you are getting an indoor swimming pool next door to you, it is not just the building that you are going to be looking at. There is more to it than that. I never expected this. October 5, 2010 Page 72 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: They should move the mechanicals away from your house. COUNCILMAN KRUPSKI: And the mitigation should be included in the project. It shouldn't be an issue. MS. DUFFY: I thought the mechanicals should be on the other side but that of course where his house is. COUNCILMAN ORLANDO: Hence the reason it is by your house. MS. DUFFY: Thank you. Robert Skoblicki, Southold ROBERT SKOBLICKI: Robert Scoblicki from Southold. I have been a resident of Southold since 2002. I became aware of the lack of a noise ordinance in July of 2006. There have been numerous parties at the same residence in my neighborhood where loud music has disturbed the peace, oftentimes beginning after 11:00 pm and lasting until sunrise. When the police were called, they responded, spoke to the owner. As soon as the police left the residence, the music was cranked up louder. A second call to the PD informed me that there was no ordinance in effect that could be enforced. The passage of the proposed noise ordinance would hopefully act as a deterrent to such conduct in a residential neighborhood, as you said Councilman Talbot. It would help preserve the peaceful environment and the quality of life that we initially invested in. I thank the Board for your time and may I submit letters from my fellow neighbors. SUPERVISOR RUSSELL: Please. COUNCILMAN KRUPSKI: And that was the intent of some of this, to put hours on amplified music. Because amplified music is one of the big problems that is easily regulated, if you say a certain time. That would be it. Charles Penn, Peconic CHARLES PENN: My name is Charles Penn, I live in Peconic. I have been asked to mad this letter from Caroline and Steve Greet, who couldn't bc here tonight. We thank the Board and the committee for working on thc proposed noise ordinance which is so important to the quality of life in Southold. The end result is not to prohibit commercial venues from offering entertainment or to restrict family's and neighbors from enjoying their outdoor space but to define appropriate noise impact in residential neighborhoods. Wc urge Southold to adopt a noise ordinance but caution that we are looking for one to bc passed that will bc effective, meaning one that is practical, definitive and enforceable. Practical meaning thc sound ordinance will allow for sounds of 'ambient dalincss', bc it children running around and playing, cutting one's lawn or even the occasional party. Yes, frequency matters. But disallow noise and especially over amplification on a regular basis that disrupts residential 'ambient daliness'. Definitive meaning that it will define a measurable environment impact level of sound on the books, quantifiable from one property line when noise or sound generated fi-om the property of someone else alters 'ambient daliness' on your property. Please note that residential folks and commercial October 5, 2010 Page 73 Southold Town Board Meeting Minutes operations will all be held to such a noise code. Enforceable meaning that local police will be charged with being responsive to complains and that fixed penalties will be assigned, not discretionary ones. Not open between x and x but the first fine is x, the second fine a higher level ofx etc., like speeding tickets. Southold is a beautiful mix of beach and rural communities that are blessed to also have a thriving business community of wineries, hotels, bed and breakfast inns, galleries, shops, restaurants, farm stands, nurseries and other businesses that tempt visitors to enjoy them and which support the economy. These amenities enhance life, offer employment so locals can choose to stay in the township and entice new people to choose to invest in buying homes in Southold. Please pass a sound ordinance that will allow one and all to enjoy their individual, family or business lives without the corruption of noise pollution overpowering us, so we can all enjoy life in this beautiful township. Caroline and Steve Greer. SUPERVISOR RUSSELL: Thank you very much and I do want to say that that is a very succinct telling of what we are dealing with here. Trying to balance the needs of business and our thriving agricultural communities and everybody else with the need for regulating intrusive noise. The problem is, what is intrusive and what is unreasonable. And those are the standards that we are struggling with now. But it was very well read, can I have that for our records? Thank you. Robin Imandt ROBIN IMANDT: Good evening, my name is Robin Imandt, I live in East Marion and I live across the street from the Blue Dolphin. This is almost 10 years worth of correspondence about the need for a noise ordinance in Southold Town. As was mentioned before, we are the only town on Long Island that doesn't have one. As Councilman Talbot mentioned, we should all be polite. Yes, we should but we are not. So that is a moot point. Because it is not going to happen. Josh Horton didn't want to touch the noise ordinance because of that, he said we should all work it out. Well, we don't, when we complained about the Blue Dolphin we were harassed, we were threatened, I mean, I am not going to go into all the nasty and horrible that the owners said to people, including we will turn it into a crack house, section 8 housing, blah, blah, blah. Whatever. It is time, it is time and it is not just all new people I might add. Plenty of us, I am here 17 years, so I am a new person. I came here to enjoy the community here, the quiet and the ruralness of it, I didn't come to move next to a discotheque. I could have stayed in Manhattan where you have to turn the noise off at 10:00. So forget that. I have a couple of questions. First of all, I want to know, what is re-noticing mean and how long does it take? SUPERVISOR RUSSELL: Re-noticing would be to republish and the heating and then set the, re-notice the law with the changes. You have to put that out for public notice and then hold another public hearing 30 days later. If we are going to make a substantial change to the current code, then we would have to re-notice it as a new local law and then, again, 30 days later set up for a public hearing. Just like we are going through tonight to have the vote. COUNCILMAN KRUPSKI: First we would have to have the code committee meeting and discuss changes and then make those changes and then re-notice them. So it would be more than 30 days. MS. IMANDT: So what is the time period that you are talking about? October 5, 2010 Page 74 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I have made it clear that I wanted a noise ordinance passed before the first of the year. COUNCILMAN KRUPSKI: Sixty days. SUPERVISOR RUSSELL: And we wanted to get something out to the public by the beginning of October and we did. So I think we are very committed to getting this done and I do want to mention the issue, since you brought it up, with regards to just new people. I have been sitting in that Supervisor's chair for almost five years now and I have received complaints, I have a WW II veteran who has lived out in East Marion probably longer than, you know, he was probably here when the (inaudible) handed it to us, he has been there so long. I also had a forum in Mattituck, one of my hamlet forums and one of my chief advocates for a noise law was a former supervisor who had been here a long, long time ago. Sat in my chair, so, I think there is a general sense that look, things have changed a little bit. Mindsets have changed. There was a time when you could knock on their door and get relief, different people invested in certain circumstances. MS. IMANDT: Right. Okay, I have a question about the fines. A year ago you came out with a draft noise ordinance and it was double what it is now. So can you explain the reason for that? SUPERVISOR RUSSELL: I think that was after the input from our prosecuting district attorney who wanted the discretion of getting, the goal was compliance. The idea is the first offense would hopefully make the problem go away. The second, third offense would be elevated. But I do have to tell you that issue was raised to us in written format. I think the Board understood that that is probably an area that needs to be revisited in terms of, I can tell you from personal experience. Leaving it to the discretion of the judges never amounts to the type of deterrents we want, particularly on first offenses. So a point well made. MS. IMANDT: Previously it said fine not exceeding $1,000. SUPERVISOR RUSSELL: Right. MS. IMANDT: So that still could have been $50 if somebody else set it. SUPERVISOR RUSSELL: Right. MS. IMANDT: And then a number of the noise ordinances talk about imprisonment. I mean, if that is not a deterrent, I don't know what is. If somebody is going to pay $100 but while they are running their bar they are making thousands of dollars that night or $1,000 let's say; that is part of doing business. But if they are going to be hauled off to jail for doing it, that is a different story. So to me, that is a real deterrent. So I would like to emphasize that that should be considered. I think that is all I have to say. Thanks. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Barbara Pfanz, East Marion October 5, 2010 Page 75 Southold Town Board Meeting Minutes BARBARA PFANZ: Hi, my name is Barbara Pfanz, I live in East Marion and have also been working with Robin on this for a good decade almost now. Just in the very beg/nning when Mr. Brady asked what is 65 decibels and what I am probably speaking at or below 65 decibels right now. When your sleep is robbed from you, it doesn't take much. So when you have a business going on near you that's, I mean my voice right now probably doesn't sound very loud. If anybody tried to go to sleep right now with this going on and probably with a (slapping hands) beat to it, it is, you know what? It may not sound that loud to you right now, it is really loud. When your sleep is robbed from you, it depletes your health and just because it is happening on a weekend doesn't mean that the person that is, that is scores of households being affected don't work on a weekend. That they don't have to be up early in the morning. Now they have had that taken away from them'. I know we want to support business out here but we have to do it in an even-handed fashion, where households and residents are able to do their business as well. Just one business shouldn't be robbing them of their livelihood also. And it does. It affects you emotionally and physically. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address the Town Board? Michael Herbert, Mattituck MICHAEL HERBERT: Hi, I am Michael Herbert, I live in Mattituck. Scott and I am sure the Board is very well aware of the problems that I have shared over the course of the past few years of the noise disturbances in town and I am just very grateful being here and heating the sentiment of other people speaking with problems separate and apart from my own. But I realize, as Christopher said, it takes common courtesy to realize, just to do the right thing by one another. And I very much appeal to that, so I am very much in accord with the noise ordinance law and I hope it is adopted in a fair measure, just for everybody to get along and I am just very grateful that it is finally happening. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else? Chris Baiz, Southold CHRIS BAIZ: Good evening again, Chris Baiz from Southold. And in part I want to speak as a member of the Ag Advisory Committee and I am sure that the other members of the committee will support me in that. A couple of things I simply want to bring up. First of all with regard to this law in general, I notice that unlike some of the other noise ordinances in other towns out here in the five east end towns, there is no noise abatement opportunity should an enforcement officer come to a property and say you are hitting 80 decibels, let's turn it down. There is no opportunity in this structure for that for a residential person or someone who is ever the source of the noise to abate that noise upon request. Second of all, I noticed that the law as proposed is all encompassing to the entire town, it doesn't distinguish between residential areas as opposed to, for the sake of a better work, village center areas or what have you. And I notice that other town noise ordinances in the other four east end towns do provide something of that order. The last point I would like to speak about is under the exceptions paragraph that is proposed as it relates to as the current proposal says, noise from agricultural equipment is excepted and that I notice in the other east end town ordinances that for instance, in East Hampton they say agricultural activities including but not limited to machinery operation and loading and unloading of produce October 5, 2010 Southold Town Board Meeting Minutes Page 76 as an exception to the other strictures of this proposed noise ordinance. In the case of Riverhead Town exceptions, the provisions of this chapter shall not apply to agricultural operations. When it comes to the Town of Southampton, the provision shall not apply to the use or occupancy of any lot or structure thereon and to noise produced there by except the following: agriculture. Just the word agriculture not agricultural machinery or agricultural equipment, excuse me. And I think that right now as proposed with regard to the other east end towns, we are getting a little more restrictive by saying that the only noise that is going to be exempted in agriculture is equipment and we are talking about the whole operation here. Whatever it is as needs be. And that is why we also talked about the distinction between residential areas and if you will, non- residential areas or out on the back 40. And I might also add that the 5th east end town, Shelter Island, has such a robust agricultural industry that it makes no mention of agriculture in its exceptions. I am being a little bit satirical but anyway, and I sort of share Mr. Talbot's view on noise ordinances in general. I came from a community of one square mile but 6,200 people lived in and every morning I got up to get onto the 6:30 train to head into New York City and one day I had to stay at home to put a new furnace in my house and the noise ordinance there said no two cycle engines until after 7:30 in the morning. At 7:29.59 was the last second of peace and quiet that existed on that day and I turned to my wife and I said, does this happen all the time? And she said every day. Because of all the landscapers and everyone doing everybody's lawns and leaf blowing and whatever else, so all I can think of is as we go forward, you can bet that your 7:00 am to 7:00 pm hours are going to be full of noise just to make up for what can't be done afterwards. And it is not just a couple of businesses who have abused their privileges of being a part of the community, this is going to pertain to every single resident here. And the noise that he or she can or can't make and how loud or how soft you have to make that noise. Thanks very much. I just want to get these things in here about agriculture. It is important that it just not be restricted to agricultural equipment, that we be a little broader whether we talk about agriculture or agricultural operations but not be so restrictive as to say only agricultural equipment. Thank you. SUPERVISOR RUSSELL: Thank you, Chris. Would anybody else like to address the Town Board? Robin? Robin Imandt MS. IMANDT: Before you said something about measuring the sound, perhaps we should measure it at the complainants' property line. I am dead set against that. I mean, heating the Blue Dolphin every Thursday, Friday, Saturday, you get sick of complaining sometimes. You just want to close your ears and turn up the TV or whatever, so you don't complain that day but that doesn't mean it is not aggravating. So I think it is very important that it be at the property line, where the noise is happening. Not in the back 40 or whatever they were talking about. So I just wanted to really emphasize the fact that it shouldn't be that Anne Murray who lives a mile away complains and they go over there and it says, you know, 37 decibels but meanwhile where I am, it is loud, I just didn't complain that day. James Spanos, Greenport JAMES SPANOS: I am James Spanos and I am from East Marion. I am a little disturbed that one of the East Marion residents wants to lock people up for noise ordinance and it seems like the group is a little excessive in East Marion and they are always going to want something to October 5, 2010 Page 77 Southold Town Board Meeting Minutes complain about. What is going to happen when they don't have anything else to complain about? The Blue Dolphin is .... SUPERVISOR RUSSELL: Can you address the Board, please? MR. SPANOS: Yes, I am addressing the Board. The Blue Dolphin has shut down, this group has continuously made complaints on other issues. When will the Board say, hey, East Marion is not a gated community. When are we going to sit back and listen to the whole north fork and what they want? The business hamlet, like you mentioned earlier, the business hamlet should have some way of conducting business and if the decibel levels have to be raised, then so be it. but you know, there are gated communities where you can't hear anything and maybe some of the people that are retired and moved out here, might want to look into them. But the businesses have to continue to run and the youth have to have their businesses and make money and support their families. I mean, a lot of this stuffon here is a little too much. Like the 7:00 pm. I haven't heard noise ordinances that shut down at 7:00 pm, it is usually 9:00 or 10:00. UNIDENTIFIED: Inaudible comments. MR. SPANOS: Excuse me, we didn't, nobody disturbed you when you were talking. So there is also other issues here, as far as the agricultural equipment, that is fine. The contractors and the landscapers should be allowed to work and if somebody makes a complaint, they have to understand, there are only so many hours in a day. And if they have 80 lawns to do in one day, okay, they are going to start a little earlier and end a little later. It is not the worst thing in the word if one time in the week somebody is mowing the lawn next door to you. So there are lot of things we have to look into before we just jump to conclusions. A lot of people aren't out here on a pension, they need to make money out here. And if you keep driving the youth away, who is going to be mowing these lawns? Who is going to be doing all these things? So we have to be a little more considerate about the workforce and the businesses out here before we bend to 300 members in East Marion complaining about a few bad apples. And that is what I have to say, thank you. Unidentified UNIDENTIFIED: I don't think I need this, the microphone. I am an East Marion resident and I am out here on a pension, okay? That settles that out. And I don't like to hear noises from Blue Dolphin. I don't like to hear a landscaper, I have got a guy across the street, he cuts the grass three times a week. I don't know what he has to cut it three days a week but he is out there all day cutting his lawn, right? Noise is a problem because people, whether they are young, old, come from East Marion or are pensioners, do not care about the other people's life. They are inconsiderate and they don't care and that is why you have to make a noise ordinance because the people are inconsiderate, that want to cut their grass at 9:00 because they are going somewhere tomorrow or they play music because they want to make an extra buck, alright? And I am an East Marion resident and there are 300 people here. Thank you. COUNCILMAN TALBOT: This isn't going to stop a guy from cutting his grass three days a week because he can cut it from 7 to 7. October 5, 2010 Page 78 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: let me just let this lady speak and then I will go to you right after, okay? Lori DiBrtolo LAURIE DIBARTOLO: My name is Laurie DiBartolo and I live about five doors down. I am a professional musician, a piano teacher. Acoustic piano practiced is 60 to 75 decibels. So you can imagine that amplified rock music is a lot higher than that. Actually, amplified rock music reads 120, so if you are going to limit the rock concerts that are going on, that is going to affect a lot of people. And I think, although I am very sympathetic with these people here who have been living with this problem for many years in close range, I think there has to be some differentiation in the legislation with regard to large areas like the wineries and a rock concert that goes on early in the day and then after hours entertainment like disco music. And I have to agree, that boom, boom, boom is very annoying, I don't like the bass sound either. I am a classical musician and I like music that is a little lower. I actually found out that this town, which I have been living in for 16 years doesn't have a noise ordinance, about three years ago when I called the police because I was very disturbed, I live right on Main Street by an 18 year old or maybe 20 year old with a Honda Civic with a kit on it. and I think this is becoming a problem in our town with the young people making, purposely making their automobiles loud. And so this particular driver kept going by and by and by, many, many times and then he stopped at a local eatery and I said, oh, here is my chance. So I called Southold police and the lady on the phone said, well, we don't have a sound ordinance in the Town of Southold and I was like, what? I was really surprised. And so ironically, two weeks later a musician friend of mine told me on Facebook that there was a noise ordinance coming up in Southold Town. I have never been here at the Board before and I was interested to see how it goes down here, so I came out tonight, but anyway, I am definitely in favor of noise control with noise. Which I consider leaf blowers, barking dogs, kits on cars, Harley Davidsons and certain other things. I consider that noise. Music however, if it is done right, I don't consider it to be noise. But I know that is semantics. So I would suggest that if we are going to have a noise ordinance that you definitely review the decibel levels, I have a chart that was very easy to get on Wikipedia. I just plugged in decibel levels and came out a reading that a lawnmower idling is 50 for example and that is the limit you are talking about for 7:00 am to 7:00 pm. So I would just respectfully request the Board to review the numbers and also to differentiate, like I said, between residential areas where you have close neighbors which is I think the case with the Dolphin place and then larger areas where decibels can fly more freely. Thank you. SUPERVISOR RUSSELL: Thank you. Ann Hopkins, Orient ANNE HOPKINS: Anne Hopkins from Orient again. I wasn't going to speak, I thoroughly support and think a noise ordinance is long overdue. I just wanted to say that it is not just a small group of people in East Marion who want this. They are my friends but in Orient we are lucky enough not to have Blue Dolphin and not to have a winery with rock concerts but we do have, where we had one place, newcomers who were renting their place out for parties. We have, I respectfully think that you shouldn't make a distinction between a hamlet (inaudible). On Platt Road where live has farms, it is R80, it is a farm across from me. I used to be farm in back but residential and of course, the air guns that go off which we have to be accustomed to to keep the October 5, 2010 Page 79 Southold Town Board Meeting Minutes birds out of the corn, they are a couple of miles away and some of the parties are way, there was a party this summer on the causeway, now a one time party you don't complain about but when somebody is renting their property to people having parties night after night and the sound carries. So I just wanted to lend my support to my friends in East Marion and say that they aren't a crazy bunch. When I first came out here, I was working very, very hard and came out just for weekends. Now I, too, am living on my pension but I still want the peace and quiet. SUPERVISOR RUSSELL: Thank you. Jennifer Conway JENNIFER CONWAY: Hi, Jennifer Conway from Southold. Very interesting listening to everyone and very sympathetic to what has been happening out in East Marion and I also went through not being able to sleep with barking dogs issue and thank god for the barking dog ordinance because it came to help me out at the time. I am married into a family that has lived in Southold for a long time. Potato farmers and my husband's thinking is very old school. I live on a farm with potatoes all around. Old school farmers so we can't always say it is the new people. Irrigation pumps right on the comer of my property because I have the last two acres of building rights and I am surrounded on three sides with potatoes and for, oh, I don't know, probably five years, I had to listen to this irrigation pump come on at 5:00 in the morning. And it was like a Harley Davidson in your backyard. So I said to my husband, is there anything and he is like, this is the way it is. We built our house on a farm, got to deal with it. Because once again, comes from potato farmers. Until I found out that there wasn't a muffler on the end of this pipe and when I pointed this out to my husband and I said you mean for five years I have been listening to this pipe and there could have been a muffler on it all this time? So again, consideration. Consideration. That farmer and I had complaints for that farmer about the noise and never once did he say oh, maybe I should put a muffler on that. So it is not just, you know, we have to not isolate and say that it is just new people because rudeness crosses all over humanity. COUNCILMAN TALBOT: That irrigation pump would also be exempt in this law. MS. CONWAY: Oh, I understand that. And you know what? You know what? And just like anything else, now there is a muffler on it, I have been living there almost 10 years, that thing goes offI hear it for three seconds, I go back to sleep. You get used to it. COUNCILMAN TALBOT: It is like the train going by. MS. CONWAY: It is like the train going by, absolutely. So I just wanted to make that comment. When I heard you mention about, you know, about newcomers, I don't know that that is necessarily fair. Like I said, rudeness and inconsideration .... COUNCILMAN TALBOT: Well, I guess, you know, I made that comment because I have just been sitting here on the Board for nine months and for the complaints that I have heard is that is where they have come from. That is a fact, that is not my assumption. That is just fact. MS. CONWAY: No, no. I understand. And when you see the same thing happening all the time, just like anything else, you just, unfortunately that becomes the mindset. But my question October 5, 2010 Page 80 Southold Town Board Meeting Minutes is, and again, very sympathetic to having to live next to a place having music going all the time but what about when my daughter tums 16 in three years? Do I get and I have got a beautiful, open two acres of property, I would like to have a DJ and some, is there going to be a way that you can put in a permit just for one day or one night or anything like that? SUPERVISOR RUSSELL: I think unique parties in a residential setting is a very fair, valid point to bring up and that is something that we certainly need to discuss as a Board. MS. CONWAY: Yeah. You need a permit to have a yard sale, so you have to come down and stuff. I mean, I am thinking along the same lines. SUPERVISOR RUSSELL: I think that is a very fair point of view and I think that these unique circumstances, you know, you want people to celebrate their milestones in life. MS. CONWAY: Right. SUPERVISOR RUSSELL: I apologize to you for having a daughter so close to the age of 16, mine is 9, so I have got a little bit more time to grieve, however, you are right, those are some of the aspects. We didn't mean to make Southold this absolutely quiet community that people aren't going to be inconvenienced by noise. This is a living, breathing community and noise is going to be an inconvenience from time to time. And that is one of the aspects that we need to possibly look at. MS. CONWAY: And I think a noise ordinance is necessary but it is unfortunate that it is coming out by, because it sounds like a bunch of isolated groups, but it is all similar. You are talking about construction going on. Let me tell you about consideration. If he knows that there are neighbors nearby on a house that he is working on, he will not go there before 7:00, 8:00 in the morning because he is a considerate human being. He says he is not going to be swinging a hammer that early. So there is, you know, and he will find something else to do to make money between 6:00 and 8:00 in the morning. Because there is when you have your own business. But I just, be cautious about how and I am assuming there are very much more educated people who have looked into this more than me but when you start making very dark lines in the sand and then you have issues like Sweet 16's and other isolated things and you know, it is just, you know, there is a lot of gray in there. SUPERVISOR RUSSELL: Very fair point. COUNCILMAN ORLANDO: Well, Bill told us he didn't want to pay for the DJ past 7:00. MS. CONWAY: My brother-in-law is a DJ, I get it for free. SUPERVISOR RUSSELL: Very fair point. Linda? Linda Goldsmith LINDA GOLDSMITH: Hi, good evening. My name is Linda Goldsmith, I am also from East Marion, I am not a newcomer. Well, maybe I am. I lived in Orient for 30 years and I have been October 5, 2010 Page 81 Southold Town Board Meeting Minutes in East Marion for 30 years, so perhaps I am a newcomer. I do just want to say that there were many, many times we attempted to meet with the owners of the Blue Dolphin. We called meetings, we asked them to come. They came with tape recorders and their attorneys. So there wasn't much, I was probably one of the biggest mouths asking for a noise ordinance in the last seven or eight years. I do want to say that however, I work until 6:00 and I have a house in Orient now I must take care of and by stopping me mowing that two acre lawn by 7:00 means I am going to have to go down two or three nights to mow that two acres. So between 6:00 and 7:00, I can't do it in an hour. I am good but I am not that good. So I will probably be one of the first ones you are going to be fining. Because there really is not much I can do. And my day off is Sunday. COUNCILMAN KRUPSKI: Well, that is one of the problems with the code, the draft was written here. It doesn't address or it is going to rain the next day so you have to finish it that night. MS. GOLDSMITH: Well, that is the other thing, I think about construction. My husband is in construction, hopefully he will be out in a few months, done. Doesn't have a pension but he will be out, I hope. You know, sometimes you have an occasion where you rip somebody's roof off and say, I will do it in two days and all of a sudden the weather report comes and says, guess what folks? It is raining tomorrow morning. So you are going to stay there until 10:00 or 11:00 and finish putting that roof on, you bet you are. Fine or no fine. And when Mr. Talbot talks about trying to be considerate, these are the kinds of things that you have to be considerate about. You know, I think but perhaps I am wrong. You know, or once in a while my dog will bark too but I will put them in the house immediately. I don't understand you know, why we are, I am talking about Barbara and Robin, myself and Anne, we were so unsuccessful with the Blue Dolphin. We tried so hard for so many years to speak with them, to have meetings. I mean, I don't understand why we were so unsuccessful. And it truly, I lived on, I grew up on a farm and I had the irrigation pump outside my window and my father wasn't putting a muffler on for me, let me tell you. Too bad, you know? As a matter of fact, I had to go out and turn it on at 5:00 in the morning. That was my job. And I did live on a farm. I lived on a huge farm. I had tractors in my ears all the time but you know, not only do the people who are making the noise have to be considerate but people have to understand that there are sometimes unavoidable times where there is going to be some noise after 7:00 and you know, you have to understand the reasoning for it. SUPERVISOR RUSSELL: That is a very fair point, Linda. Thank you. Let me just clarify something since it was referenced so many times, the Blue Dolphin. That wasn't shut down, it closed. We didn't shut it down, the community of East Marion didn't shut it down. Perhaps a bad business model, I don't know. But that was not shut down in a sense that it was an authority that shut the place down. Tom McGuire TOM MCGUIRE: Tom McGuire from Cutchogue. I just would like to know if the helicopter noise will fall under this ordinance? SUPERVISOR RUSSELL: We don't have the authority under federal law. October 5, 2010 Page 82 Southold Town Board Meeting Minutes Anne Murray, East Marion ANNE MURRAY: Anne Murray again with a question. This has been noticed for a while. Can I just ask how many comments you got from the business community?. Was there any other correspondence besides the Wine Council? SUPERVISOR RUSSELL: I have to say, generally not. I haven't heard from the business community at all. Honestly, but for the Wine Council, no, no chamber has addressed us. No. MS. MURRAY: Okay, so I guess my question to the Board is do you plan to go further with this this evening? Please let us know, it is getting late. Do we have to come back another night? SUPERVISOR RUSSELL: I don't, look, even to address some of the concerns you have raised which is the fines. We would need to re-notice this and I think that the Board is going to have to sit down and again, try to accommodate, this was the public discussion that we were looking for to get this thing finally crafted. It might wait a little longer but I assure you, it became a priority of this Town Board, it is not going to languish like dark skies. MS. MURRAY: Thank you. Freddie Wachsberger, Orient FREDDIE WACHSBERGER: Hi, Freddie Wachsberger, Orient. I wasn't going to say anything tonight but just listening to a lot of things, something occurred to me and that is the difference between essential noise and optional noise. And we live in an incredibly noisy world right now and a lot of it has to do with acoustical music. And what the kids listen to and what you hear in the cars and farming noise is not optional. I mean, it is just the way the things work. (Inaudible) with musical entertainment or even private parties, kids are used to having blasting but that is really optional, I think it is really important, the most important thing I think in this legislation is the acoustical, the amplified noise. SUPERVISOR RUSSELL: Thank you, Freddie. James Spanos MR. SPANOS: I was wondering if the complainant was making this complaint for this noise, are they going to be able to make the complaints anonymously? Or is it a police report where they have to put their John Hancock on it? Because anonymous, if you are going to, are you going to protect the people for anonymous complaints with this noise ordinance? SUPERVISOR RUSSELL: How the police department responds to these will be at the discretion of the police chief. It is an issue that will go to the dispatcher and it will be up to the police chief and the captain as to what the disposition and how these get handled. MR. SPANOS: It should be a neighbor, right? Because somebody can have a beef with a restaurant up the road and maybe just sit in front of the place and start making calls about .... SUPERVISOR RUSSELL: That is actually a scenario that we talked about and we don't want to use, we don't want to create a noise code that is an axe grinding tool. We heard that, we October 5, 2010 Page 83 Southold Town Board Meeting .Minutes understand that and those are some of the things we are going to hone with regard to noise meters and where the locations are being taken and whether it is from the complainant's property, I understand that. MR. SPANOS: Has anybody considered raising the decibels, especially in the business hamlet, on the noise ordinance. Because it seems a little low. SUPERVISOR RUSSELL: That is what the police chief had told us, so we are certainly discussing that. We have the Wikipedia information, we understand where we are at right now and we have to have a discussion on where we are going to settle in. MR. SPANOS: Alright. Thanks. Kathy Wesehler KATHY WESCHLER: Hi, Kathy Weschler from Southold. I have a little bit of a different question about this whole thing. My problem is with, I want to know if, from reading between the lines it kind of feels like maybe my whole family is going to end up in prison over the noise ordinance. The sound of my children laughing, playing and shouting is definitely over 65 decibels. I have a rooster. My rooster, he, well, I asked the police because if they wanted to shoot him. They chose not to. They come to my house at 4:30 in the morning scaring the bejesus out of me, even though we have no noise ordinance. I share my eggs for free with my neighbors. My chickens clean up, they are kept enclosed, they bother nobody but they clean up the ticks in my yard and I don't have to worry about having deer fencing. I live behind a working farm but I can't stop my rooster from crowing at dawn. Is he agricultural? SUPERVISOR RUSSELL: Kathy, read the exceptions. But there is no provision in this that addresses animal noise. Barking dogs is the only current code that we have. But those... MS. WESCHLER: But I noticed that it wasn't mentioned or not mentioned so I didn't know if he, is he agricultural, is he not agricultural? Where does he fall? And are they going to come, I told them they could take him into custody if they wanted to. Finally, there were kind enough to check with a supervisor and stop coming out to check on my crowing rooster, who was never crowing when the police came anyway. I just want to make sure that this whole thing doesn't get so silly, you know I have had tons of neighbors with tons of loud parties and I think, what a jerk, you are so annoying and the next day it is over. SUPERVISOR RUSSELL: Well, we understand that. You know, we certainly understand. MS. WESCHLER: Thank you. SUPERVISOR RUSSELL: Thank you, Kathy. Would anybody else like to address the Town Board? Rick Wood, Greenport RICK WOOD: Rick Wood from Greenport. Just as a question, do you have any decibel meters now? October 5, 2010 Page 84 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: The Town does not have any. They are in part of my budget that I submitted to this Board September 30th, that would include the purchase of meters. I also have, the Mayor of the Village of Greenport has offered the one they own to us and I .... MR. WOOD: Because I am just wondering, 65 decibel, I know when I read it, it is a normal conversation three feet away. It seems low. Like not only are you getting rid of the music in the club, you would have to get rid of the club. But have we done any testing with that, like when there is a noise complaint from someplace, just for standard reference point. Inaudible.. SUPERVISOR RUSSELL: We talked about that at the Town Board level, we have not done that yet but we have talked about that at the Town Board level. MR. WOOD: That would be my only conjecture. Thank you. SUPERVISOR RUSSELL: Thank you. Robin Imandt MS. IMANDT: I would just like to suggest that at the next heating that we have a demonstration of the noise, what is 65, so we don't have to guess, we don't have to think, it is just conversation. SUPERVISOR RUSSELL: Okay. MS. IMANDT: I think it would just clear it up. SUPERVISOR RUSSELL: Thank you, Robin. COUNCILMAN ORLANDO: That is a good recommendation. SUPERVISOR RUSSELL: That is a good recommendation. Would anybody else like to address the Town Board? If there is no more comments on the noise, then we can get to the general, can I get a motion to recess? Okay, a motion to close. Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Okay, now, on any issue? John Cleary, Mattituck JOHN CLEARY: My name is John Clcary, I live in Mattituck. I have a question about a fence on the beach behind 250 Town Beach Drive. When you walk along the beach, you have to go in the water to go around this fence. I called the Board of Trustees and they said they are in compliance. The fence itself is on a tidal waterway and .... COUNCILMAN TALBOT: Somebody else had asked this question just two weeks ago. October 5, 2010 Page 85 Southold Town Board Meeting Minutes MR. CLEARY: When I was down about three weeks ago, I had to climb over this fence to go, instead of going back a quarter mile. I threw my back out, it still hurts and the fence is still there. SUPERVISOR RUSSELL: The Trustee's went as a Board to view the fence and my understanding was it was in compliance with what, a permit they had issued that owner. COUNCILMAN KRUPSKI: How could that be? Because the code, which I helped to write, says it should go no further seaward than 15 feet closer to the high water mark? So it should .... MR. CLEARY: The tide is consistently up 20 feet on the outside of this fence. COUNCILMAN KRUPSKI: That is not, it shouldn't be compliant then. SUPERVISOR RUSSELL: I am very aware of that situation, I agree with you. Maybe I shouldn't have spoke for the Trustees. My understanding was, they viewed it in compliance and were going to go out in the fall and look at it again. But I will certainly get clarification from them and ask you to call my office and I will get clarification on the determinations of the Trustees for that particular issue. MR. CLEARY: Appreciate that. SUPERVISOR RUSSELL: Okay. MR. CLEARY: When this fence does come loose with the tide, it is going to be a hazard to navigation. And it is on federal land. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any issues? Pete? PETER HARRIS: Good evening. I know it has been a long and arduous meeting, I sat through it so I could get up here to have my two cents. I believe it was the last meeting, a gentleman got up before this Board and took myself as the highway superintendent of this town and the highway department about the installation of a storm drain in Cutchogue, which in fact it is still going to be installed but because of all the inclement weather we haven't gotten there. The fact that, I had a conversation with the gentleman on the phone at my office for close to an hour, explaining the whole procedure of what was going to happen and it was being, someone requested it, we went there, inspected the site and the fact that pictures were shown to me, I didn't know the person prior to them coming to my office. While I was there, the neighbor on the adjoining property came out and asked what was going on and I explained that I had gotten a call or that the resident had come to my office and he was totally elated because he ended up telling me that he had water running down on his property as well but that part got forgotten when it was presented to the Board. I just, I felt as though I was under attack personally, I understand how, I don't know how some nights you people can sit up there and you are attacked. Okay?. You are elected officials to do the best possible job for the residents of Southold Town. You are not going to please everybody. But I feel as though that certain people come up to this October 5, 2010 Page 86 Southold Town Board Meeting Minutes podium and use this public forum for anything but constructive business. And I have got to tell you, I almost feel I was taped because some of the, that was read off of this long, written document, unless a tape recorder was taping my conversation, there is no way that verbatim, the way it came across, nobody has that good a memory, okay? But the fact that the conversation was picked and pulled apart to make his point, the point is, this person is a taxpayer in the Town of Southold straight out. No exception or special exception was done, pictures were shown to me, I went there, it is a proven fact that it is a low lying area and they are in fact being inundated with runoff, okay? Whether it has been happening for 30 years, that is besides the point. The point of the matter is, the person said we went from a summer home to a year round resident and we no longer want a manmade swimming pool on our property from runoff from the town road. So with that point being well taken, we are going to install this drain and if the people on either side of the low spot don't like it, I don't know what to tell them. But it is a legitimate thing. I don't need an engineer to tell me, I don't have to have a study done. It is a routine installation. That is all it was. Somebody tried to blow this thing totally out of proportion and if that person feels that they can do a better job than me, 2013. Put your name on the ballot and you run. Because I have got to tell you, the fact that my integrity for the position in which I hold, I felt I was being attacked and I am not going to be attacked because I didn't do anything wrong. And that is all I have got to say. like I said, I cam here tonight, if I had known that all these public heatings were being held, I still would have been here because I wanted to get it said tonight. COUNCILMAN KRUPSKI: Pete, I took a look at the issue down there yesterday and I have to say I agree with you for putting a drain in there. It is a dip in the road, it is road runoff, some is contributed from neighboring properties to the west but a lot of it is just straight road runoff. To the east of course, they all slope towards the creek so they don't contribute but to put a drain in there, you are going to get better recharge for the aquifer, I think it is the right thing to do. SUPERVISOR RUSSELL: I agree 100 percent and talking to the community down there, certain members of the community that I met with last Saturday, I can tell you that they are supportive of the initiative to reduce the runoff there. We had a good deal for years in that we didn't have to address it because it was a seasonal residence and that is not the case any more. Chris Talbot made the point that said, you can't ask one family to bear the burden of stormwater mitigation for the community. He is 100 percent right. It is the right thing to do Pete. MR. HARRIS: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjoumed at 10:38P.M. October 5, 2010 Page 87 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Southold Town Clerk Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell