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HomeMy WebLinkAboutTB-07/05/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES July 5, 2011 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 5,2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on July 5, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS Recreation Department Monthly Report Town Clerk Monthly Report Il. Public Notices 1. LIPA - National Grid - Notice of Project Commencement 2. NYS Liquor License Renewals IlL Communications IV. Discussion 1. 9:00 A.M. - John Cushman 2. 9:30 A.M. - Jim Bunchuck 3. Request from Land Preservation Committee 4. Community Complaints 5. Request for Waiver of Fees 6. Orient by the Sea Parcels 7. LL/Factory Avenue Parking 8. LL/Noise Ordinance 9. EXECUTIVE SESSION - Labor 10. Formation of Economic Advisory Council 11. EXECUTIVE SESSION- Labor Town Board Appointments 7:30 P.M. - Swear in Capt. Martin Flatley as Chief, Southold Town Police Department July 5,2011 Page 2 Southold Town Board Meeting Minutes V. Resolutions Opening comments SUPERVISOR RUSSELL: Please rise for the Pledge of Allegiance to the Flag. Thank you. I am going to ask Martin Flatley and his family to please come to the front. Just so everybody, I know there are a lot of people here for the noise code tonight, I get the very special privilege that not many Supervisor's get. First I get to say good-bye to an absolute institution in Carlisle Cochran, our retiring chief of police and I have the honor of sweating in Martin Flatley as our new chief of police. So without any further ado, also, I usually have a script for the oath, I don't have it with me, so I am going to wing it. Oh, thank you, Betty. Please raise your right hand. (Administers the Oath of Office at this point) Marty, congratulations. MARTIN FLATLEY, CHIEF OF POLICE: I will be real quick, I just want to first of all to thank the Town Board for their support for me for this position and for (inaudible) making the process very easy for me to go through. I appreciate that and I will not let you down. First and foremost, I have to thank my wife Sue. For 29 years she has been both with me and there for me and for that I am very grateful, even though she is running her own professional full-time career on the side, she has always been there to support me and both of my sons, Rory and Ryan and his lovely wife, Maureen, for their support. My parents, Bill and Jane Flatley, sitting in the front row; my sisters, my mother-inqaw Jane Donlin and all of our friends and family and the other officers in our department who I have always respected. Thank you. SUPERVISOR RUSSELL: What we will do is just wait two or three minutes to let the people that want to clear out and then we will get to the regular business of the meeting. Okay, what I am going to do know if invite anybody that wants to address any of the agenda items to please feel free, we have two public heatings tonight. If you want to comment on one of those public heatings, there will be a portion a little bit later to comment on either the proposed noise meter law or the parking on Factory Avenue. In the meantime, if anyone would like to comment on any of the other agenda items, please feel free to step up right now and comment. PAUL MELLAS: My name is Paul Mellas and I live on 43 Sunset Lane, up near 67 steps. Well, I called the police twice this week, the people come there and they stay all weekend and they camp on the beach. I mean, there were these 20, 30 maybe more people up there and they leave all their mess there, their feces, everything is left there.' And their cars are blocking the road, if you ever have a fire up there, the fire track will never get through there. SUPERVISOR RUSSELL: I will bring that to the attention... MR. MELLAS: I thought maybe you could put some signs up, no camping on the beach, because that is what they do. SUPERVISOR RUSSELL: What happens is they walk, we have the same problem at Bailie Beach and all these other locations. I have already met with Captain, now Chief Flatley, to try to address it in some way. We even bought a quad so officers can start patrolling the beaches to try to turn that around because the overuse and the abuse of the beaches is becoming a huge July 5,2011 Page 3 Southold Town Board Meeting Minutes problem. MR. MELLAS: That is what they are doing up there. SUPERVISOR RUSSELL: No doubt about it. MR. MELLAS: They make a mess. SUPERVISOR RUSSELL: We will discuss that with the police department. MR. MELLAS: Okay, thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on any item on the agenda? (No response). 2011-479 CA TE GOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 5~ 2011. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0~Y : Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdravm Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbo Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter I~l [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-480 CATEGOR~ DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday, July 19, 2011 at the Southold Town Hall, Southold, New York July 5,2011 Page 4 Southold Town Board Meeting Minutes ~' V0t~ R~eord' ~solution l~flg~20H480 [] Adopted [] Adopted as Amended V1 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled ~iiiiam Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Cluistopher Talbot Seconder [] [] [2] [] [] Tax Receiver's Appt A!b~ ~PSk! J[: Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] rq [] Supt Hgwys Appt [] No Action 2011-481 CATEGOR~ DEPARTMENT: Budget Modification Public Works Budget Mod. Public Works - Sick Earnings Fiscal Impact: Allocate funds for an over expended account RESOLVED that the Town Board of the Town of Southold hereby modifies the Public Works budget as follows: From: A.1490.1.100.200 Over-Time Eamings $42.02 To: A. 1490.1.100.400 Sick Earnings $42.02 Vote Record- ~iUfi0n RES-2011-481 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [~ [] [] [] [] Rescinded Louisa P. Evans Seconder ~ [] [] [] [] Town Clerk's Appt Scoi~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-482 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the $outhold Yacht Club to Park Overflow Vehicles in the Town's Parking Lot at Goose Creek Beach July 5,2011 Page 5 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Yacht Club to park overflow vehicles in the town's parking lot at Goose Creek Beach, on August 11 and 12~ 2011for the Carol Smith & SGJSA Qualifier Regatta; and July 30~ 2011 for the 41st Annual World's Longest Sunfish Race Around Shelter Island, 24th Annual Catamaran Race Around Shelter Island and Inaugural Laser Race Around Shelter Island, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a special Sonthold Yacht Club Parking Permit and the yacht club contact Chief Martin Flatley of the Southold Police Department immediately for proper placement of the permits. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] : [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt C~st0pber Talbot ~0~er [] [3 El [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Vote* [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-483 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Police Department Assistance to Cutchogue Fire Department Chicken BBQ on 8/27/2011 Fiscal Impact: Cost Analysis from PD is $400.47 RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday, August 27, 2011 at the Cutchogue Fire Department field, New Suffolk Road, Cutchogue, provided it files with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Chief Flatley upon receipt &the approval of the resolution. Any fees associated with this approval shall be waived. Support for this event is for this year only. Vote Re.rd ' Reaolatlon RES-2011,483 I [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent OrIando Seconder fi] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] : [] [] [] Tax Receiver's Appt A!be~ ~PSki Jr. Initiator [] [] [] [] [] Roscinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] 13 [] Supt Hgwys Appt [] No Action July 5, 2011 Page 6 Southold Town Board Meeting Minutes. 2011-484 CATEGORY: DEPARTMENT: Attend Seminar Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits Examiner Patricia Conklin and Chief Building Inspector Michael Verity to attend a seminar on deck construction in Patchogue~ New York~ on July 13~ 2011. All expenses for registration and travel to be a legal charge to the 2011 Building Department budget (meetings and seminars). ~ Vo~ te ~d ~ Resolution RES-20i1.484 1ol Adopted [] Adopted as Amended Fl Defeated yes/Ay~ No/Nay Abstain Absent [] Tabled William Ruland V~ter [] : [] [] [] [3 Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talb0~ Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Lo~isa P. Evans Initiator [] FI [] Town Clerk's Appt Se0ii Russell Voter [] [] [] [] Supt Hgwys Appt [] No Action 2011-485 CA TE G O R Y: DEPARTMENT: Authorize Payment Solid Waste Management District Reimbursement for Tire Damage It is hereby RESOLVED that the Town Board of the Town of Southold authorizes reimbursement in the amount of $217.94 to Bernadette Deerkoski for tire damage to her vehicle that occurred on May 13,2011 at the construction debris drop-off site at the Cutchogue transfer station. '/Votq Reoord .. Resolq,tlor} RES,.2011~5 [] Adopted [] Adopted as Amended [] Defeated yes/Ay~ No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vinceni Orlando Voter O [] [] D [] Supervisor's Appt Christopher Talbot Initiator I~1 [] [] [] [] Tax Receiver's Appt A!bext Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa l'. EV~ns Seconder [] [] [] D [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-486 CATEGORY: Advertise July 5, 2011 Page 7 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Re-Advertise for Mini-Bus Driver RESOLVED the Town Board of the Town of Southold hereby amends Resolution 2011-435 to extend the advertising for 2 additional weeks as follows: RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for an additional two weeks for the position of part time Mini Bus Driver for the Human Resource Center at a rate of $16.28 per hour. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0~Y ~b~t~in Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn ~i~t ~i~d~ S~nd~ ~ UI El ~ [] Supervisor's Appt Chfist~pher T~!bo~ Voter [] [3 , [] [] [] Tax Receiver's Appt Albea lCa~pski Jr. Voter [] [] [] [] [] Reschlded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-487 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Summer Seasonal Employee RESOLVED the Town Board of the Town of Southold hereby appoints the following individual as a lifeguard for the remainder of the 2011 summer season, July 6 through September 5. STILLWATER LIFEGUARDS HOURLY SALARY Jordan Doroski (9th year) ....................................................... $14.37/hour Ryan Farrell (34 year) .......................................................... $12.72/hour Vote Record - Resolutio~ RES-20t 1~487 I~ 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 [] [] [3 [] [] Tax Receiver's Appt A!be~ Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Se0tt Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-488 CA TEGOR Y: DEPARTMENT: Public Service Town Clerk July 5, 2011 Page 8 Southold Town Board Meeting Minutes Waive the 30 Day Notification for the Renewal of a Liquor License to Amano Restaurant RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day notification for the renewal of a liquor license to North Fork Restaurant Group LLC DBA Amano~ 13550 Main Road, Mattituck, New York. Vote Re.rd .Resolution ng8-,~011,488 [] Adopt~ ~ Adopt~ as ~d~ ~ D~t~ Ye~Aye No~ay Absta n Absent ~ Tabl~ William Ruled S~ond~ ~ Wi~ Vincmt Orl~do Vot~ ~ Su~iso~s Appt C~stoph~ Talbot Vot~ ~ T~ R~eiv~'s Appt Alb~ ~pski Jr. Initiator ~ R~hd~ ~uisa P. Evans Voter ~ To~ Cl~k's Appt Sco~ Russell Vot~ ~ Supt H~s Appt ~ No Action 2011-489 CATEGORY: DEPARTMENT: Special Events Town Clerk Grant Permission to Boy Scouts Troop 6 to Hold Its Annual Boys Scout Car Show on Saturday, September 3, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy Scouts Troop 6 to hold its Annual Boys Scout Car Show on Saturday~ September 3~ 2011 (rain date September 5) from 9:00 AM to 5:00 PM at the Peeonie Lane School, Peconic Lane, Peconic, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured and contact Captain Flatley upon receipt of the approval of the resolution to coordinate traffic control. Any fees associated with this approval shall be waived. ~ Vgt~ Record - ReSOlution RES-2011~9 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0/Na~ Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] : [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter r~ [] FI [] [] Rescinded Louisa P. Evans Initiator ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-490 CA TE G OR Y: DEPARTMENT: Budget Modification Town Attorney July 5,2011 Southold Town Board Meeting Minutes Page 9 Budget Modification/Youth Bureau Donation Fiscal Impact: The Southold Youth Bureau continues to receive reduced funding from the New York State Office of Children and Family Services and seeks to continue funding programs that promote youth development· The Youth Bureau solicited Suffolk County National Bank to underwrite expenses associated with its August annual Family Movie Nite in the Park. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: Increase: Revenues: A.2705.40 Gifts and Donations, Other Donations $1,000 Appropriations: Increase: A.7310.4.600.100 Youth Program, C.E., Youth Program Activities $1,000 Vote Record - Resolution RES-2011-490 [] Adopted [] Adopted as Panended [] Defeated · Yes/Aye NofNay Abstain Absent [] Tabled W am Ru and Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] Supervisor's Appt Christopher Talbot Initiator r~ [] · [] [] [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [3 Supt Hgwys Appt [] No Action Comments regarding resolution 490 COUNCILMAN TALBOT: Along with this, I want to thank Suffolk County National Bank. The Youth Bureau solicited Suffolk County National Bank and they underwrote the expenses a~59.~!a~Ed ~ith the AE~S[ annual ~'am!~Y movie 2011-491 cA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer Recreation Program Instructor Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the summer 2011 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2011 instructor line A7020.4.500.420. July 5,2011 Page 10 Southold Town Board Meeting Minutes Megan Vincignerra (Basic Web Design) ......................... $30/hour gt Adopted [] Adopted as Amended [] Defeated Yes/Ay~ N0~a~ Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~h~ ~l'~iboi ~ot~ ~ ~ [1 12] [] Tax Receiver's Appt A!~ ~pski Jr. Voter [] [] [] [] [] Rescinded Louisa p: Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-492 CATEGOR~ DEPARTMENT: Employment - Town Accounting Grant FMLA Leave to a Town Employee WHEREAS Employee #7114 has been out of work due to non-work related illness since June 6, 2011, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the CSEA, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of absence for up to 12 weeks to Employee #7114 effective June 6, 2011. [] Adopted [] Adopted as Amended [] Defeated Y?/Ay~ N~ay Abstain Abs~t [] Tabled William Ruland Voter [] [] [] [] ~ Sup~iso~s Appt C~stoph~ Talbot Vot~ ~ ~ ~ D ~ Tax R~eiv~'s A~t Alb~ ~pski Jr. S~ond~ ~ ~ ~ ~ ~ R~c~d~ ~uisa P. Ev~s Vot~ ~ ~ ~ ~ 2011-493 CA TEGOR Y: DEPARTMENT: Property Acquisition Public Hearing Land Preservation PH 7/19/11 ~ 4.'32 PM for Swain Der Rights July 5,2011 Page 11 Southold Town Board Meeting Minutes RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ July 19~ 2011~ at 4:32 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on proper ,ty owned by Bradley T. Swain. Said property is identified as part of SCTM #1000-107.-5-1.1. The address is 4390 Mill Lane in Mattituck. The property is located in the A-C zoning district and is situated on the easterly side of Mill Lane approximately 300 feet northwesterly from the intersection of Mill Lane and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 12.4± acres (subject to survey) of the 15.4± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 12.4± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] [] [] [] [] Supervisor's Appt ~luSstopher Talbot ~oter [] Tax Receiver's Appt Albert Kmpski Jr. Initiator El [] [] [] [] Rescinded Louisa P. Evans Seconder : [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] v1 [] [] Supt Hgwys Appt [] No Action 2011-494 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Orient by the Sea Parcels RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary, documents in connection wi~h the Quitclaim Deed regarding the transfer of two parcels~ as shown and designated on a certa'm map entitled "Map of Orient by the Seat Section 3"~ from the County of Suffolk to the Town of Southold {Suffolk County Tax Map Nos. District 1000~ Section 015.00~ Block July 5,2011 Page 12 Southold Town Board Meeting Minutes 05.00~ Lot 024.028 and District 1000~ Section 015.00~ Block 05.00~ Lot 025.002), subject to the approval of the Town Attorney; and BE IT FURTHER RESOLVED that the County of Suffolk will convey both parcels to the Town of Southold for consideration in the sum orS1.00; and BE IT FURTHER RESOLVED that the Town of Southold has been, and continues to, maintain said parcels and will acquire parcel SCTM #1000-15-5-24.28 for drainage purposes and parcel SCTM #1000-15-5-25.2 for road maintenance; and BE IT FURTHER RESOLVED that the recording fees, which are estimated to be approximately $400.00 be charged to A. 1010.4.500.700. ~ Vogi~ P~gord ~ R~SOl~t~n RF.~2011-494 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [3 I~ [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Chris!gpher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski J~: VP~Cr [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-495 CATEGOR~ DEPARTMENT: Budget Modification Town Attorney Budget Modification/Orient by the Sea Fiscal Impact: to cover expenses associated with the recording fees for the Town's acquisition of these two parcels RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2011 budget as follows for the purpose of covering expenses associated in connection with the recording fees for the Town's acquisition of two parcels (SCTM 1000-15-5- 24.28 and 1000-15-5-25.2) from the County of Suffolk for drainage and road maintenance purposes: TO: A.1010.4.500.700 Town Board, Title Fees +$400.00 FROM.'. A.1990.4.100.100 Unallocated Contingencies -$400.00 July 5, 2011 Page 13 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Y~/~Y~ N0/N~Y Ab?~!~ Ab~ [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter gl [] [] [] [] Supervisor's Appt Christopher Talbot Initiator ~ F1 F1 [] [] Tax Receiver's Appt ~!~ ~PSk! Ir: Voter [] . {2 [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt Hgwys Appt [] No Action 2011-496 CA TEGOR Y: DEPARTMENT: Property Usage Town Clerk Fireworks 7/16/11 - Lomangino Dock, Southold RESOLVED the Town Board of the Town of Southold h~reby approves the issuance of a fireworks permits by the Town Clerk to Mark Miller for a fireworks display on the Lomangino dock~ 1000 Paradise Point Road~ Southold on July 16~ 2011 (fid July 17) at 9:15 PM, upon payment of the $100 fee and subject to the applicant's compliance with the requircunents of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. ~r ¥~te R~rd, ReSOiuti0n RES~201i-496 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled WilliaTM Ruland lni~iat0r [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!b~ ~p~k! ~r: S~°~der ~ [] [] ~ [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] FI [] [] [] Supt Hgwys Appt [] No Action 2011-497 CATEGOR~ DEPARTMEN~ Property Usage Town Attorney Accepts the Donation by James Miller of Calverton, New York, of a 9-11 Memorial and Authorizes Supervisor Scott A. Russell to Execute an Agreement Relating to the Installation WHEREAS, the Town Board of the Town of Southold has been offered a donation to the People of the Town of Southold by James Miller of Calverton ora sculpture of an osprey mounted on columns from the World Trade Center; and WHEREAS, the Town Board of the Town of Southold is desirous of accepting the donation to create a 9q 1 Memorial at Jean Cochran Park in Peconic; and July 5,2011 Page 14 Southold Town Board Meeting Minutes WHEREAS, the donation includes all fees and expenses associated with moving, delivering and mounting said sculpture and restoration of any Town land damaged in connection with the installation; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby accepts the donation by James Miller of Calverton~ New Yorlq of a 9-11 Memorial and authorizes Supervisor Scott A. Russell to execute an Agreement relating to the installation, subject to the approval of the Town Attorney. · ~' Vote Retard - Resolution RE8-2011-497 [] 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 Albert Kmpski Jr. Seconder [] [] ' [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-498 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA LL/Factory Avenue Parking RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory, Avenue" 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 therewith; and it is further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Chfis~qpher Talbot Voter [] , [] [] [] [] Tax Receiver's Appt Albert 1Q~psk! Jr. Initiator [] El [] [] July 5,2011 Page 15 Southold Town Board Meeting Minutes 2011-499 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA LL/Noise Ordinance RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to the Prevention and Control of Nolse 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 therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~hrist0Pher Talbot Seconder gt v1 : [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator gl : [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2011-500 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL Factory Ave Parking WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic~ in connection with Parking on Factory Avenue" and be it further 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 ~n relation to Amendments to Chapter 260~ Vehicles and -- --~" ~ s as follows Traffic, in connection with Parking on Factory Avenu~ .cad : July 5,2011 Page 16 Southold Town Board Meeting Minutes LOCAL LAW NO. of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory, Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The 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 blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during Name of Street Side During Months & Hours Factory Avenue West At all times Factory Avenue East At all times § 260-22. Loading Zone. Name of Street Factory Avenue certain times. Location In Mattituck, along the west side of Factory Avenue from the northwest comer of New York Route 25 to the southwest comer of Old Sound Avenue In Mattituck, along the east side of Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. Side Duration East 30 minutes Location/Description In Mattituck, from the northerly curb of the ingress/egress on Factory Avenue for the Shopping Center located on the north side of New York Route 25, northerly approximately 300 fi. to the Metropolitan Transit Authority (Long Island Railroad) property. July 5,2011 Page 17 Southold Town Board Meeting Minutes 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 prat 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. [] Adopted I~ Adopted as Amended [] Defeated ~/AY~ N0~N~Y Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withdrawn Vincent Orlando [] [] [] [] ' [] [] [] [] [] Supervisor's Appt Chdstophcr Talbot [] Tax Receivers Appt [] [] [] [] Albert Krupski Jr. [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt I~ No Action 2011-501 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Noise Ordinance WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, 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 will hold a public hearing on the aforesaid Local Law at which time all interested persons will be 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" reads as follows: LOCAL LAWNO. of 2011 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: July 5, 2011 Page 18 Southold Town Board Meeting Minutes {}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. 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, July 5, 2011 Page 19 Southold Town Board Meeting Minutes. 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 heating 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 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 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 on a sound-level meter at or beyond the property line closest to where the noise is generated or from the property line of a complaining property owner 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 11:00 p.m. airbome or amplified sound in excess of 65 dBA; and (ii) from 11:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. July 5,2011 Page 20 Southold Town Board Meeting Minutes 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 9:00 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 hereofi 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 fi.om 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. 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 any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction ora subsequent offense, punishable by a fine not exceeding $2,500. If the 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. B. 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 July 5,2011 Southold Town Board Meeting Minutes Page 21 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. ~ Vot~ R~rd, R~iUtion RE~-2011-50t: [] Adopted [] Supervisors Appt ~hhstopher Ta!b~t [] [] [] [] [] Tax Receiver's Appt A!be~ ~p~ki Jr: [] [] [] [] VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell PH 7/5/11 7:32 Pm - LL/Factory Avenue Parking RESOLVED that the Town Board of the Town of Southold hereby declares the public hearing on the proposed "Local Law in Relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Factory Avenue, Mattituck, New York" closed at 8:13 P.M. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell COUNCILMAN TALBOT COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory. Avenue" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of July, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity July 5,2011 Southold Town Board Meeting Minutes Page 22 to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic, in connection with Parking on Factory Avenue" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The 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 blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Months & Hours Factory Avenue West At all times Factory Avenue East At all times § 260-22. Loading Zone. Name of Street Factory Avenue Side Duration East 30 minutes Location In Mattituck, along the west side of Factory Avenue from the northwest comer of New York Route 25 to the southwest comer of Old Sound In Mattituck, along the east side of Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. Location/Description In Mattituck, from the northerly curb of the ingress/egress on Factory Avenue for the Shopping Center located on the north side of New York Route 25, northerly July 5, 2011 Page 23 Southold Town Board Meeting Minutes approximately 300 ft. to the Metropolitan Transit Authority (Long Island Railroad) property. III. SEVERABILITY If any clause, sentence, paragraph, section, or past 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. I have a notice that it was posted on the Town Clerk's bulletin board. I have a notice that it was posted on June 23, 2011. A couple of letters here, one 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 proposes several changes as follows: 1. Loading zone, Clarify the location and length of the 30 minute loading zone on the east side of Factory Avenue. Consider changing it to extend from the south side of the MTA/LIRR property to the north side of the 1st driveway (for the loading dock). This may be a shorter distance than the 300" noted in the draft local law. Allowing a loading zone between the loading dock driveway and the main driveway could be dangerous for the general public exiting the shopping center. Trucks parked there block driver's view of oncoming traffic. Retain the "parking and standing prohibited" area between the loading dock driveway and the main shopping center driveway on Factory Avenue. Further the Town should send a copy of the new parking requirements to the management of Waldbaums and the owners of the shopping center, along with a cover letter outlining the Town's expectations with respect to how tracks will use Factory Avenue and the site. This letter could outline our expectation that vendors will be told to instruct their drivers to use the parking lot to wait for a spot in the loading zone rather than use the street. 2. South side of LIRR, We agree with the "parking or standing prohibited" on both sides of Factory Avenue south of the LIRR to Rt. 25, excluding the loading zone area described above. Consider whether there is a time of day or night when parking and standing on the west side of Factory Avenue, south of the LIRR would be acceptable. 3. North side of LIRR, From Old Sound Avenue south to the south side of the LIRR on both sides of Factory Avenue, change the parking restriction sign to read "no parking or standing of commercial vehicles." This would restrict commercial vehicles, yet allow residents to park on the street in this neighborhood. Residential parking in the street helps calm through-traffic." I have a letter from Andrew Freleng, chief planner of the Suffolk County Planning Commission, "Pursuant to the requirements of section A 14-14 to 23 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 impact. A decision of local determination should not be considered as either an approval or disapproval." And just a letter from the LWRP coordinator stating that it is consistent with the LWRP and it is my recommendation that the proposed consistent action and therefore is consistent with the LWRP, pursuant to chapter 268, July 5,2011 Page 24 Southold Town Board Meeting Minutes the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. And one more thing, just the short environmental assessment form is also in there. That is it. SUPERVISOR RUSSELL: What I would like to do is. invite anybody that has a comment on this particular proposed local law, this, again, this is for the no parking that we are attempting to establish along Factory Avenue. Would anybody like to comment on that local law now? NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz ofCutchogue. I am glad that we are going to be helping the people on that street. I was just curious, there is no fine, What the fine would be if they are, you know, breaking that law. What will their fine be? SUPERVISOR RUSSELL: I will refer that to the attorney but we already established fines by code for violations of parking in a no parking zone etc. The fine structure here would be the same as in any other no parking or no standing zone. MS. SAWASTYNOWICZ: Well, I would like to make a suggestion to make it bigger there because we have such a problem there. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? Mr. Heyliger? LEROY HEYLIGER: My name is Lemy Heyliger. I live in Mattituck on Wickham Avenue. And our church, the Unity Baptist church is on Factory Avenue and I am very pleased that you are working on this parking problem that we have there because it has been a hazard to the, not only to the residents in the area but since the cottages have been put there, there was no egress for them, no way that they could walk down the sidewalk with the baby carriages and I noticed that ever since the brash pickup on the north side of Factory Avenue, the signs that said the speed limit, when you come off Old Sound Avenue, they were removed and also the sign that was there that said watch out for children, that was removed. And the cars come off Old Sound Avenue, they come down Factory Avenue, they come zipping over the railroad track and people coming out of the cottages with baby carriages and young children walking down to the mall, they have to go out on the dirt on that side after you go across the railroad track. It is a very hazardous, dangerous situation. Another thing that we have there is just lately, on the comer where the ice cream shop is, they put a fence up where the 7-11 is going, so the cars, this past weekend, have been parking on that side and when you come off Route 25, make that turn, you can't get through. It is a very dangerous situation. They park right up against that fence by the 7-11 where it is going and they are on both sides. You make that mm off Route 25 to go onto Factory Avenue, it is very narrow. There is going to be a serious accident there. COUNCILMAN KRUPSKI: There is already no parking there. That should just be an enforcement issue. SUPERVISOR RUSSELL: That is an enforcement issue that we will certainly bring to the attention of.... July 5,2011 Page 25 Southold Town Board Meeting Minutes MR. HEYLIGER: And this holiday weekend, it really, really was bad at that comer. COUNCILMAN TALBOT: Who is that, the contractor that is working on that site? MR. HEYLIGER: They are working on it but they have got a chain link fence across there. SUPERVISOR RUSSELL: They took the fence down for a few weeks, got in and did some cleating and then put a new fence up. It is my understanding that they expect to have it open by the end of August. MR. HEYLIGER: I think someone should look into it. SUPERVISOR RUSSELL: We will. MR. HEYLIGER: Because this past weekend, it has really been bad at that intersection. Thank you. COUNCILMAN KRUPSKI: Mr. Heyliger, you have been very patient with us, we worked on this actually for years. Could you comment on the actual recommendations of the Planning Board? Would you like to take a look at this? I would appreciate your comments on this. COUNCILMAN ORLANDO: The blue on the east side will be the unloading, that little... COUNCILMAN KRUPSKI: That would be the unloading right there. Yes. And then north here would be no commercial parking and the red will be no parking. SUPERVISOR RUSSELL: There is a minor distinction between what we proposed under this local law that is subject to a heating tonight and what the Planning Board recommended. By and large the Planning Board recommended that there would be no parking or standing of commercial vehicles north of that terminus where the LIRR crosses. They have also narrowed the loading, unloading area to this small section where the wooded parcel is right behind the shopping center. The local law that we are noticing, actually, has no parking or standing along this whole road up to the northerly section, obviously on the westerly side and a little bit more an expanded ingress for, standing for tracks. So those are two issues we are trying to reconcile tonight. MR. HEYLIGER: This is good 30 minutes, because those tracks do need some time. SUPERVISOR RUSSELL: Well... MR. HEYLIGER: I noticed in the last few, couple of weeks, that tractor trailers either they park against our fence and along this side and they have been patiently waiting to unload from the east side. Inaudible. My concern is when those 50 footers come in there and they make that turn and they back in and when you get snow, snow banks, on both sides, it is almost impossible to get July 5,2011 Page 26 Southold Town Board Meeting Minutes through. And if an emergency vehicle has to come through in the wintertime to reach these residents or if someone up here gets sick or something, there is no way that they could even get through at that hour of the day. it has to be more monitored carefully during those hours when those 50 footers are coming in and backing up. Especially in the wintertime. That is a very hazardous time. Snow banks on both sides. It is terrible. Takes them almost 45 minutes sometimes. COUNCILMAN KRUPSKI: Do you think that is a workable plan there? MR. HEYLIGER: I think that that 30 minutes, that loading time, to give them time to load. It seems to be working right now. Because they are not parking on our side, like they used to. COUNCILMAN KRUPSKI: Okay. COUNCILMAN ORLANDO: So it is reasonable? The 30 minutes is reasonable? MR. HEYLIGER: And as the people come out from their cottages, now they are able to have better egress now. COUNCILMAN KRUPSKI: Yes, because no one is parked there. Yes. MR. HEYLIGER: It is not perfect yet .... COUNCILMAN RULAND: Well, I think certainly our plan is to extend the sidewalk to the railroad. MR. HEYLIGER: That would be wonderful. COUNCILMAN RULAND: And then of course, the bigger plan would be to get cooperation from the rail road to make a full fledged crossing... COUNCILMAN ORLANDO: That is going to take some time. COUNCILMAN RULAND: I understand that but I don't think that you give up, I think that you keep working toward you know, making it safer. Safer as you say and certainly extending the sidewalk to the railroad property would be the first step in making it safer. On the east side. I am talking about the east side of the road. And then a place for those people to cross to get to the east side of the road. And I think then it could be as safe as it could be given the constraints of the width of the road and some things we can't change, obviously there are things that need to be changed and should be changed and this seems like a reasonable alternative to outright banning parking with no place for anybody to go. But also, I am not naive enough to believe that just because we enact a law on paper and put up a sign, that unless we back it with enforcement and make it stick, it's not going to help anybody along that corridor and I think we are committed to do that. I think this is certainly the first step in doing that but I think that all the people that you represent have been more than patient, there is no question about that, some of the other people July 5,2011 Page 27 Southold Town Board Meeting Minutes that are involved I think are needed to be prodded even now, even after this is adopted, I think that there still could be more cooperation from the Waldbaum's and from their vendors. Because I still do not believe that even on Long Island, let alone other parts of the metro area, but even on Long Island there aren't similar situations with similar stores in other communities that probably are more restrictive than we are as to what they will allow and when they will allow it. I know pemonally I have made deliveries in Great Neck and to floral shops and you come at midnight, you don't come there during the day. You just don't go there. They will write you an expensive ticket. MR. HEYLIGER: Inaudible. COUNCILMAN RULAND: I think, never say never. I think that there is going to be a combination between what is being proposed here and common sense to make it work. But I certainly appreciate your tenacity. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? BRAD MERILA: Hi, Brad Merila and I live in the cottages and my lot backs Factory Avenue and everything that Mr. Heyliger said, I echo completely. Now, being one of the residents there, I would just like to, and I will make it quick. I would just like to give you a couple of my own observations. As you know, I did write a letter and you probably have it on file, matter of fact, it was two letters. There are several safety issues there, there are several quality of life issues there and I am glad to see the town is working to try to get some of these issues ironed out. The observations that I have with the idling tracks, the loading and unloading, the noises, the sounds, the skids, the horns that go on 24/7. It's, you know, the trackers can communicate each other by homs and it really is, it really is a bad quality of life issue. The speeding, we have been over that before at the carter meeting, the speeding is completely out of control, the U-tums that the trackers make on that road, in residents driveways, I have seen it. We have seen a track go by and a minute and a half later, it will go back the other way to go back to Route 25. it is completely out of hand. If this works, you know, this is at least a step in the right direction. Everything that you are doing. The one thing that I wanted to ask is it possible for the town to for the lack of a better word, coerce or I don't even like to say force, that is a bad term but can the owner of the Mattituck Plaza be forced to create a better loading situation behind the stores? SUPERVISOR RUSSELL: We actually met with him on that issue, the problem is they don't own very far behind that shopping center. MR. MERILA: Right. SUPERVISOR RUSSELL: There is not a lot, and all of the utilities are looped around that back but he did say he was certainly open to any suggestions we had. Our goal right now is to get the trucks off of Factory Avenue and get them into the parking lot. There is plenty of room there, particularly since a lot of the deliveries we notice are in the mornings, early mornings and there is plenty of space in that parking lot to serve as a de facto loading zone while people are waiting to get to the back. That is our more immediate goal. Longer term is to bring something of a July 5, 2011 Page 28 Southold Town Board Meeting Minutes more holistic solution to it. MR. MERILA: Because believe me, the traffic does back up and it backs up across the railroad tracks which could be a dangerous situation. You know the maintenance cars on the railroad tracks go back and forth all the time without warning and there could be a serious accident, not to mention the speeding, you know we have been through that before I am not going to take up any more of your time, you know what my concerns are and I want to thank you for listening. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on this particular local law? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I would just like to echo the sentiments of the previous speaker but you know, so there is a problem with on Factory Avenue prohibiting the parking there will help solve that but are we going to cause another problem in the parking lot? I was down there the other day and there was a big track in the parking lot while everybody was coming in and out and blocked all the vision of all the cars.. It is my understanding that that shopping center was planned and permitted I think in the 70's and that there have been some significant changes in the operation since then, does the town have any intention to call the business owner in and have them submit a revised site plan? To provide for... SUPERVISOR RUSSELL: We already have met with the owner of the shopping center, we actually have made efforts to meet with the management from the different tenants. One of the realities is is that they are going to have to control their own shipping, in other words, if the parking lot is too full at certain times of the day, they are going to have to work with their truckers to make sure they can bring their trucks in when it is a lighter use there. You know, those are problems they are going to have to solve on site. That is the goal here, is to get those trucks into that parking lot and then let them schedtfle, get the management from Waldbaum's to schedule their deliveries around their customer trade so that they don't interrupt each other. They have to be more flexible with their trucking hours. MR. SCHWARTZ: Well, most businesses beside their voluntary doing the right thing, the town requires them to put forth site plan which prescribes how they are going to handle it... SUPERVISOR RUSSELL: They have an approved site plan. MR. SCHWARTZ: You are here creating legislation which command and control legislation to force the traffic, the parking and the traffic off the street at the same time, with all due respect, I suggest that the code enforcement whoever, might look into the current permit and see whether it is still appropriate. A lot of the parking was for spots behind the storefronts which are not being used but you know, it is nice to think that he is just going to do the right thing if you ask him but sometimes you need to... SUPERVISOR RUSSELL: That is what the legislation is all about. MR. SCHWARTZ: Thank you but I think the legislation is just doing half the job. July 5,2011 Page 29 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Okay Benja. Would anybody else like to address the Town Board on this particular local law? Made? MARIE DOMENICI: Made Domenici, Mattituck. Regarding the diesel idling law, that really is not something that the town can enforce, is it? Because that is really a DEC thing or can the town enforce it? SUPERVISOR RUSSELL: I am going to let my trucking experts on the Board handle that. COUNCILMAN RULAND: Any police officer. MS. DOMENICI: A police officer then can issue a fine? COUNCILMAN RULAND: No, they can issue a summons. The fines are adjudicated in the court. MS. DOMENICI: Oh, okay. COUNCILMAN RULAND: But it is a $500 ticket. MS. DOMENICI: Okay. COUNCILMAN RULAND: Five minutes in the state of New York. MS. DOMENICI: Yeah, yeah. So then the DEC doesn't have to have any control over that. the town can absolutely enforce that law? COUNCILMAN RULAND: They can. The DEC police, the Environmental Conservation police on a random basis, I won't say regularly, but randomly usually during the day, stop at some of the local delis and basically, you have left it unattended with the motor running that is a no-no and you know, you just watch your watch. When the five minutes is up... you are going to go see the judge unless you plead guilty. MS. DOMENICI: So then it would be really incumbent on us to make phone calls when we see the trucks idling? COUNCILMAN KRUPSKI: Well, you can talk to the Town Board if it is a problem because it might be hard for the police to react to that in time, to make a call there. As opposed to calling, if there is a problem in a certain area, I would say if there is a problem in town contact the Supervisor's office immediately. SUPERVISOR RUSSELL: Albert's favorite answer to everything. COUNCILMAN RULAND: But in all fairness, it really is more of an attitude that a community July 5, 2011 Page 30 Southold Town Board Meeting Minutes or an area would buy into. For instance, in the city of New York if you did that, let me tell you, that before you could finish your paperwork and unbuckle your seat belt, the guy would be there writing you a summons because they take it very seriously, very seriously. Because I guess even on a good day, the air is tough to breathe in there, so I understand that but I also think that it is a quality of life issue, that is why the law was enacted in the first place. And .... COUNCILMAN KRUPSKI: We do get complaints and so you should tell us and as police commissioners we do sit down and talk to the police and you know, we get complaints about speeding here or people going through stop signs there and then they will take a look, a harder look at one particular area with the problem and they will issue tickets and then people do slow down and they do stop at stop signs, so it is sort of, it is just normal, ongoing thing. MS. DOMENICI: Okay. Well, thank you for the information. SUPERVISOR RUSSELL: Okay. Would anybody else like to comment on this particular legislation? COUNCILMAN ORLANDO: I have a question for Martin. Can we accept the Planning Board's recommendation without re-hearing the public hearing or are there a lot of changes? TOWN ATTORNEY FINNEGAN: I think there is enough that we will probably have to. SUPERVISOR RUSSELL: Let's close the heating, then we will get it on paper. PH 5/7/11 ~ 7:35Pm LL/Noise Ordinance RESOLVED that the Town Board of the Town of Southold hereby declares the public heating on the proposed "Local Law in Relation to the Prevention and Control of Noise Pollution in the Town of Southold" closed at 9:04 P.M. RESULT: CLOSED IUNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell COUNCILMAN TALBOT COUNCILMAN TALBOT: WHEREAS there has beenpresented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24t~ day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of July 2011 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. July 5,2011 Page 31 Southold Town Board Meeting Minutes 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. 2011 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. July 5,2011 Page 32 Southold Town Board Meeting Minutes 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 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 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 July 5, 2011 Southold Town Board Meeting Minutes Page 33 when measured on a sound-level meter at or beyond the property line closest to where the noise is generated or from the property line of a complaining property owner 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 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 11:00 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 9:00 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. 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. July 5,2011 Page 34 Southold Town Board Meeting Minutes § 200- 9. Penalties for offenses. A. Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the 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. 3, 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. I have a notice that it was posted on the Town Clerk's bulletin board on June 7, 2011. Notice that it was posted on posted in the Suffolk Times on June 23, 2011. 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 has one proposed change as follow: section 200-7 A.1 'of homeowner's light residential outdoor equipment with mufflers or commercial service equipment with mufflers' Absent this addition, it would seem that commercial service equipment could be operated without mufflers while homeowners equipment must have mufflers. To be fair and consistent with the purpose of this chapter, both should be required to have mufflers." I have letter from Andrew Freleng, the chief planner, "Pursuant to the requirements of sections A 14-14 to 23 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 countywide or intercommunity impacts. A decision of local determination should not be considered as either an approval or disapproval." 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 program (LWRP) 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. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." We have the short environmental assessment form and that is it. Did everybody get copies of the... SUPERVISOR RUSSELL: I actually have copies here. This is a tabulation of decibel readings on usual typical noise that you might see. If people want to have a copy to get a perspective of what this law tries to address, it gives you the decibel readings and I made a bunch of extra July 5,2011 Page 35 Southold Town Board Meeting Minutes copies. The one thing that I will note on this is that interestingly, there is one here that says personal cassette player on high, I would like anybody here under the age of 30 to tell me what that means. Also, I do want to say that I have gotten a substantial number of emails in support of this legislation. For all of you who have been contacting me, they have been coming in over last night and today, I am printing them all out, I will make them available to the entire Town Board. I just haven't had time to respond to each and every one of you because it has been an overwhelming emall drive. So they are getting copied and each Board member will get a cc of that. Would anybody like to start the discussion? MICHAEL SIMON: I am Michael Simon, I live in New Suffolk. I want to speak to the compelling need to have the legislation because of the consequences which many people are not aware of, our not having such an ordinance. And I have, I will tell you a little bit about a legal case that I was involved in and I was quite appalled. This was in 2003 or 2004 and I was quite surprised to learn, maybe I should have known better, that this is the only town in Suffolk County that does not have a noise ordinance. And I came to realize the consequences of this, namely because of the absence a client of mine, a 73 year old woman went to jail in Riverhead because a neighbor had a recording in the bushes that picked up her car radio while she had gone into the house and it was wintertime, the windows were closed but there was a broken window with paper over it and at the trial she insisted on a jury trial, it was presented video tape of the neighbor hiding in the bushes there right on the boundary of the driveway and recording this and presenting this to the jury and under the interpretations of the judge, that was a violation of a court order that made her in violation. And she was sentenced to 90 days in jail in Riverhead. Now, the level of sound that is producing this is way, way below. I mean, the law is by some people's view is perhaps too generous. Whether it is too generous or not is not my issue but the absence of this law allowed a garbage lawsuit to lead to prison time and this could only have happened in the Town of Southold. And I, this was 7 or 8 years ago, and I was reminded of it when we started having the hearings of this. I did some exploration about what kinds of noise ordinances there were and anyone of them would have made this situation impossible. It grew out of a neighbor dispute between two neighbors who were living a few feet away from each other but a noise ordinance would have just simply made it impossible to bring such a case. So, I am not going to address the content of the law; the decibels and so forth but any, even the most generous noise ordinance would have made such action impossible. Thank you. SUPERVISOR RUSSELL: Thank you. Ray? RAY HUNTiNGTON: Ray Huntington, Fleets Neck Association. We have two concerns, the first of which is, I note in the legislation that everything is based upon the amplitude of the sound. I see no reference to the frequency. Sound has all sorts of different measurements beyond amplitude. And yet you have got to keep it simple enough to make it work. So, I am particularly concerned about low frequency sound. I don't really have the proper perspective to make this statement but older folks are very sensitive to low frequency noise. When I was 20, nothing, the world could fall apart and I wouldn't know about it but after the kids came and so on, you get sensitive to certain noises and a thump in the night is an alarm bell. There are studies that document this but the idea that I am trying to get to is simply that it is more than just amplitude. And it is very important for enforcement to have the necessary ability to measure low July 5,2011 Page 36 Southold Town Board Meeting Minutes. frequency sounds, particularly below 240 hertz. I would call attention to 60 hertz as a matter of fact, that is around the worst area. So I wonder in your development of this particular legislation, is it, has that been considered? Has the frequency been considered and maybe the argument is, if we get the amplitude under control, we don't have to worry about the frequency. SUPERVISOR RUSSELL: No, actually that is a good point. One of the concerns we had was noise levels that maybe didn't reach the decibel limits established by this law but because they are so ongoing and repetitive that they serve in their own way, an incredible nuisance and erosion of quality of life. But I have to be candid, we had no noise control before and our first goal is to get a noise code. We just recently had the vendor come to the Town Board meeting to get legislation on the books that we know we can start enforcing immediately. It by no means pretends to be the solution to all noise issues and that will have to address, you know, we are going to have to tend to this legislation just like anything else we pass. MR. HUNTINGTON: It is important though, that we are going to invest in equipment to measure the noise that it be suitable to the low frequencies, is what I want to call to your attention. The second question or second concern that we have is how does this legislation relate to helicopter noise? SUPERVISOR RUSSELL: Unfortunately, it has no bearing on the helicopter noise. The FAA has made it clear to us that we are preempted from legislating any type of activity with reference to helicopters because the FAA says it has the authority to. Although, it is the same FAA that has historically told us that they refuse to do anything about it, now, of course, legislation has been pending in Washington that would require the FAA adopt standard noise mitigation standards. We have a man from Southold named Joe Fischetti who has been working tirelessly for us, trying to negotiate these noise mitigation standards. We have a bit of a chasm now between the north fork and the south fork on what those standards should be but it is an ongoing battle, there is no doubt about it. MR. HUNTINGTON: So if the helicopter came over and exceeded the limits and the legislation, you feel you cannot do anything about it? SUPERVISOR RUSSELL: No. Preemption under federal law. MR. HUNTINGTON: Well, that is very interesting. I don't have the background to pursue that unfortunately but it does seem that if it is going to be enforced against us, it should be enforced against the helicopter as well. SUPERVISOR RUSSELL: I would agree. RUTHANN BRAMSON: Mr. Supervisor, members of the Town Board, I am Ruthann Bramson from East Marion and this is not the first time that I have stood in front of you on the issue of a noise ordinance. Five years ago, residents of East Marion formed the East Marion community association and one of the big issues around which the community organized was a business which was a violator and had caused tremendous discomfort for neighbors issues of noise. And July 5, 2011 Page 37 Southold Town Board Meeting Minutes the community had lost hope of being able to be heard without a number of citizens coming together in an organized way. And so the organization was formed. There are many people here who have been dealing with this issue for 10 years. What we did in the East Marion community association was to study the issue of noise ordinances, we collected every noise ordinance of every town on Long Island and we were the folks who pointed out that Southold was the only town on not just Suffolk County but Long Island, without a noise ordinance. And our members studied those ordinances and the issue and reached a community consensus, that is 500 plus community members in East Marion. We have had at least half a dozen meetings with you, Mr. Supervisor, we have participated in countless committee meetings, code committee meetings and others. We have met with the Town Attorney, we have shared the noise ordinances that we collected with him. We participated actively in the town wide meeting that was held a year ago at the recreation building and we have spoken out at countless Town Board meetings. Our concern is with the impact that amplified noise has on the tranquil quality of life that we all value here in Southold. The ordinance that you have presented to us today isn't perfect, it doesn't include everything that we wish it included but we think it is a good start and so we appreciate the fact that the issue has now come to the public hearing stage and we strongly urge all of the Town Board members to support its passage. Thank you. COUNCILMAN KRUPSKI: Thank you. COUNCILMAN ORLANDO: Thank you. ANN HOPKINS: Ann Hopkins from Orient and I just want to second everything Ruthann Bramson says. We are lucky in Orient that we have not had the same problems they had and my feeling tonight is there maybe definitely be some points that will need tinkering with but I just hope that tonight anyone with small reservations can hold back because I would just like to see this law passed and go into effect immediately. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. You know, we are having this because of reaction to, obviously different problems throughout the community, so if someone, it is not just East Marion, I am sure there are other areas that have had noise problems with different neighbors, so if you have any specific suggestions that is what we really would like to hear. JOYCE STEVENS: Good evening everyone. Joyce Stevens from Cutchogue, Oregon View Estates specifically. Yes, with the helicopters, you can do something. I think Chuck Schumer knew we didn't have a noise ordinance and that is why he sent them over our heads, okay? You can go on your computer and type in planenoise.com and write down every time you hear a' helicopter and they do listen. I got a phone call back, they are very, very good. So anybody who has a complaint, you just keep track, write down what time it is, if you can see what direction, if you can tell if it is vibrating, if it is going east or west, whatever you can do. It is a very simple form. You plug it in and then you can even back space it and do it again and again, if you only have limited time, I em not going to sit on my computer all day and do this but there is something that you can do and that is a good thing. Point two, I live in Oregon View Estates July 5, 2011 Southold Town Board Meeting Minutes Page 38 right across the street from the vineyard 48, alright? They are having a super dance party this weekend, they have super dance parties every single weekend. I am diagonally across over a mile away and I can hear every beat, I can hear every word. You can't, I can't sit on my deck and the whole neighborhood feels the same way, I am here as a representative for the neighborhood. Will this include them? SUPERVISOR RUSSELL: Yes, yes it will. MS. STEVENS: Okay, because we had gone to them and complained, time and again and they just laugh at me. SUPERVISOR RUSSELL: We actually have, I know their most immediate neighbor is sitting right in the audience tonight. He has done an excellent job at bringing those issues to out attention. One of the things that was asked for by the Agricultural Advisory Commission of the town was that we exempt all agricultural operations. We didn't... MS. STEVENS: Thanks. SUPERVISOR RUSSELL: We exclude ag operations as traditionally defined. The noise of the tractors, the noise of the irrigation, you know those things that are tied to the production of the crop. Those additional items, the bands, the weddings, the live music, they all fall under the aegis of this legislation just like the Blue Dolphin or any other operator. MS. STEVENS: Thank you, I appreciate it. Thanks for your help. DAVID EVANS: Supervisor Russell, members of the Town Board, my name is David Evans and I am from Peconic. I do commend you for taking this issue and looking at it v~ry carefully and seriously. I have only one suggestion and I am reading from E, it concerns interferes with the comfortable enjoyment of life and property etc and then point 1 underneath, yelling or shouting that disturbs the quiet. What is disturbing my family and I very frequently on weekends is the uncontrolled yelping and howling of a dog. And if it is possible to include that, I would be very grateful. SUPERVISOR RUSSELL: Ironically, that is the one noise code that we already have. The town code already has limits on barking, yelping dogs. I don't know if you filed a complaint with anyone .... MR. EVANS: No, I haven't. SUPERVISOR RUSSELL: But that is something we can address before we pass this. That was the one noise code we have in this town, barking dogs. MR. EVANS: Thank you very much. I Stand corrected. MARYANN LIBERTORE: Hi, I am Maryann Libertore, I am the vice-president of the Orient July 5, 2011 Page 39 Southold Town Board Meeting Minutes Association. At our monthly board meeting this afiemoon, one of our lawyers posed a couple of points that I thought were interesting. One is, what are the applications to marine you know, wharfs, marinas, yacht clubs? The particular situation that was cited this afternoon was a fishing boat that arrives close to a certain marine facility and starts up its motors end goes out regularly at 4:00 AM. So I, you know, I agree with Ruthann end I agree with Ann Hopkins, I think this is a great start but I don't think it contemplates all applications. So we might have to revisit this. SUPERVISOR RUSSELL: There is no doubt. People should remember that this is actually, we already actually once had a public heating on a noise code but we did take the public input seriously and this draft we have tonight was trying to include all of that. the nuances to a noise code. And with an understending that whatever we pass, it has to be enforceable, otherwise it is a waste of time, so that is where we got to tonight. But without a doubt, there are going to be circumstances that need to be added to the equation as we go forward. MS. LIBERTORE: Thank you. MARIA (?): Mafia from East Marion. I am with the East Marion Association and I live diagonal from the Blue Dolphin and so that is what I am addressing tonight. And we have been there, well, this problem has been going on for 10 years and before my son was bom actually. And it has totally changed our quality of life, we have to keep the windows closed if you want to watch TV, you can't hear it. You have to close all the windows, I cen't use my porch. Company over, nobody can sleep, he couldn't sleep when he was a baby. It is just unbelievable end we have tried to work on the good neighbor thing, that didn't work. It actually escalated it worse end so I am wondering how is this going to be enforced? SUPERVISOR RUSSELL: With noise meters. MARIA: Inaudible. SUPERVISOR RUSSELL: These standards are going to be applied, there is going to be a separate scientific and empirical basis for enforcing of this issue. It is not a subjective or a judgment call on the part of the police officer. It is a noise meter and if you are exceeding the limits as specified in the code, it is a summons. We wanted to remove that subjectivity and put it to a scientific standard. This whole law is based on that. It is based on using decibel readings. MARIA: Okay and the summons will be enough to prohibit or you know, try to cut down on the SUPERVISOR RUSSELL: With any legislation, that is the intent, to get people to comply. And obviously the fine structure is going to have to be adjudicated end it is going to be up to a judge as to what the fine is but my presumption has to be that repeat offenders will see escalating fines. MARIA: Okay. Because we have gone through the process of calling the police and 2:00, 3:00 in the morning at this point for staying up for four hours, it has totally eroded our quality of life out there. July 5, 2011 Page 40 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: That is not going on now, is it? MARIA: Not now, no, no, not now. It has been since what? A year, year and a half?. About that. COUNCILMAN TALBOT: Well, some of our police officers, and one lives across from this vineyard they were talking about in Cutchogue and he has been himself waiting for us to write a law. MARIA: Okay. COUNCILMAN TALBOT: These guys, they are residents just like we are. MARIA: I have had intoxicated people on my lawn, I have crying teenagers like practically, really, it has been a nightmare, it has been a total nightmare so, thank you for your time. SUPERVISOR RUSSELL: Okay. Thank you. Ma'am? PATTY CARLOS: Hi, my name is Patty Carlos, I am a resident of Greenport, also a store owner. I have kind of a question like during the day during business hours, we have a lot of the motorcycles coming through Greenport and the noise is really bad and all the alarms of the cars start going and it could get really out of control. Is that going to be...? SUPERVISOR RUSSELL: The motorcycles are actually covered under MVA law, motor vehicle law of the State of New York and they are required to have certain muffler requirements. We actually do, we had in the past, done some checkpoints to make sure that the motorcycles as they go through .... MS. CARLOS: Yes, I saw but... SUPERVISOR RUSSELL: And certainly to bring more attention to that in the near future would be .... MS. CARLOS: That is one concern. The other one is I live right in the middle of town, in Greenport and I know my quality of life in the summer is really bad. The noise is from people coming from the clubs, from Claudio's, it is impossible. The noise, people stay in the streets in groups and shouting, doesn't matter if we close the windows or anything, we can't sleep well during the summer. I know there is a certain level of tolerance that we have acquired but it gets to a point, I don't know if there is something, can you call the police and say there is a group here shouting at 2:00 in the morning? SUPERVISOR RUSSELL: Yes, loitering. Absolutely that is something the police can address. MS. CARLOS: So that is going to be more reinforced? Because sometimes there are police July 5,2011 Southold Town Board Meeting Minutes Page 41 there and they don't do anything about it. SUPERVISOR RUSSELL: Well, that is something that should be brought to our attention when the weekend is over. Okay? Thank you. Mr. Ladernann? JOHN LADEMANN: John Lademann from Cutchogne. My wife has property on Alvah's Lane, right across from Satur farms. We have been very patiently waiting five years for the Town Board to take some action, okay? Nothing has happened. There are trucks pulling in there, it is nothing but a trucking depot. There are trucks running, some trucks are running all night, they are sleeping in the truck right on the road. Three years ago you promised no parking signs along the road, no truck parking. That never happened. Something has got to give. We are putting signs up and the next thing is petitions to the Town Board to take action. SUPERVISOR RUSSELL: The Town Board took this issue up at length today. The discussion of trying to exact compliance to the site plan, under the site plan proposed that had been approved by that Board, all of that activity should be taking place on their site and there should be no parking along Alvah's Lane. We have had that discussion with counsel today on how we are going to get that enforcement in place. MR. LADEMANN: The school buses have to stop, fire equipment has had to slow down to go through. It is ridiculous and the town doesn't do anything. We are going to give a lot of work to the new police chief because if he can, trucks are running for more than five minutes, trucks are running all night long there waiting to go to the city. And it is not farming, it is a truck depot. There are six diesels running there at one time. My son lives across the street and they are there running from 7:00 until 3:00 in the morning when they take off for the city. They can plug them in electrically, they don't have to run diesel engines. Something has got to be done. SUPERVISOR RUSSELL: All that was required under the site plan. They have not taken any action to comply with the site plan at all. Again, that was an issue that we discussed today. Mr. Lademann, yourself, you neighbors reached out to the Board again, it certainly got our attention. The Board had taken the issue up today and we are going to meet with the new chief of police. MR. LADEMANN: Scott, three years ago a judge ruled in favor of McNamara's on a case, the town didn't pursue it, they were supposed to move everything to the back of the property. Nothing happened. Because they said it was a hardship. It is not a hardship, it is hardship on the people living there. SUPERVISOR RUSSELL: I agree. MR. LADEMANN: Something has got to be done. SUPERVISOR RUSSELL: I agree. Thank you. GEN WOESSNER: My name is Gen Woessner and I only have one question. Who is responsible for enforcing the noise that motorcycles make? And it is not only in Greenport, I happen to live on Sound Avenue and on Saturday and Sunday, the motorcycles are outrageous. July 5,2011 Page 42 Southold Town Board Meeting Minutes Whose responsibility is it to enforce (inaudible)... SUPERVISOR RUSSELL: That would be the police department, under the MVA laws of the State of New York. MS. WOESSNER: Inaudible. ANN MURRAY: I am Ann Murray from East Marion and I want to thank the Town Board for finally taking action on this. We have been very patient in East Marion, we are very happy that you are finally doing something. And I had a question or wanted some clarifications on penalties for offenses part. You have here, 'guilty of a violation punishable by a fine not exceeding $500" so it sounds like there is a lot of leeway there. Who sets the fine and can we have a minimum fine of maybe $500? I would think that would be a good deterrent. Because it doesn't say minimum. TOWN ATTORNEY FINNEGAN: We did review this issue (inaudible) and the problem is if somebody comes and gives some tail of woe to the court, then the court is left with either giving them a $500 fine or no fine. And our prosecutors have told us that it is better if you have that discretion in place and:we considered that in code committee, went back and forth with that argument and I think the decision was, there is a graduated scale here, so that is the first offense. If they continue to offend it goes up to $2,500 and an ongoing violation makes every continuing hour another $2,500, so there certainly is some teeth in the ordinance. MS. MURRAY: Inaudible. TOWN ATTORNEY FINNEGAN: I don't think it is something that somebody is going to walk away with. You know, there are people also, you have to consider the people that could get caught up in this that aren't a commercial operation, that are a homeowner. That you had one time, it was one time violation. So I think there was that discretion left in the law just to give the court the opportunity to address that type of situation as opposed to a repeat offender in a commercial operation. COUNCILMAN KRUPSKI: And also, hopefully the law itself will be a deterrent. The officers showing up at the house or the establishment with the noise meter will also be a deterrent, so you hope it doesn't get as far as the court. You hope that people are going to be better neighbors and realize that they are offending everyone in the community. MS. MURRAY: We hope so, too. Believe me. Well, I might suggest that you keep statistics on how the next six month goes, should you enact this this evening. And maybe do a little report and let us know, do you think this has been a deterrent, are there a lot of complaints, is it going up, is it going down? I would be curious about that. SUPERVISOR RUSSELL: Just so you know, the intent of the code wasn't to punish people that make noise, it was to get people to not make noise and punish the people that don't listen. July 5, 2011 Page 43 Southold Town Board Meeting Minutes MS. MURRAY: It should be a preventive, absolutely. SUPERVISOR RUSSELL: I grew up in a community that didn't need a noise code, in those days you knocked on their front door and said, look, your irrigation pump is making too much noise, do you have to run it so early on Sunday morning? And they responded by starting it at 10 instead of 7, that town was Southold. It still is a wonderful town but it is not t he same town. There is no doubt that we need to create some sort of independent standard so that everybody understands what the rules are. MS. MURRAY: Thank you. BOB MEGUIN: Along those lines, Mr. Supervisor, Bob Meguin, Southold. I think really what needs to be done is you need a warning system, at least on the first offense. A warning citation, keep a record of that. From that point, I think that kind of differentiates the thrust and the intent of what the Board is trying to accomplish. In terms of the enforcement, frankly when you use the word violation, that has a particular meaning in the law. That is not a criminal offense and in order, in my view, to put teeth into it, I think if you had a warning citation initially, followed up perhaps by a violation with a minimum fine because this does give great latitude and discretion to the judge. I happen also to practice law and I kind of know what the discrepancy could be here. You could frankly, the judge, if it is a violation, dismiss the charge and hold it over their heads whereas I think enforcement is the key not only by use of the police department but that those repetitive violators get the message and the message to me is maybe a third violation should be an unclassified misdemeanor with a substantial minimal fine and perhaps a greater maximum fine because it becomes the cost of doing business for some of these entities and they are literally saying 'try to catch me' and I guarantee you, there will be some litigation from a legal perspective testing the bounds of this law. That is not meant by way of criticism. Frankly I applaud you for taking the necessary step to at least put a foundation in place. But I would ask the Board to seriously look at that sorts of punishment, penalties. I would suggest at least a warning system in the first instance. That would cover, in my mind, the typical neighborhood dispute that is likely to arise from this because this, you know, not only is it there is a sort out here that can be utilized and hopefully the police, you don't want to put the police officer in the situation where he has to try to mediate it. So I would seriously ask the Board to look at a warning system initially, frankly having, as they indicated maybe a minimum fine with a maximum fine for a second offense and then from there, escalate it. Because the way it is currently written, it is a second offense with $0 to $2,500 for the second offense. That is a broad discretion to the court. This doesn't mandate the judge to fine that person $2,500. Some of the, it is a cost of doing business. The commercial entities will no doubt hire attorneys and the first thing that is going to happen is they are going to challenge some of the language in this. But again, it is certainly a fine step in the right direction but the key, as you all note, is enforcement. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN TALBOT: Mr. Meguin, we do already have, code enforcement does issue notices of violation, just as you are saying. It is not an official violation, it is a notice that they July 5,2011 Page 44 Southold Town Board Meeting Minutes are violating a particular code. MR. MEGUIN: Okay. But this just gives me the impression that that system won't be utilized in this noise ordinance. If that is the case, fine but I just don't find it in here. It just seems to me that they are going to have to issue a summons for a violation, go to court, and the judge has a discretion fi.om $0 to $500 and I think the thrust is, a commercial entity, not the individual. $500 is a lot of money for an individual, property homeowner, whereas the people that are, I think that are somewhat the target of this because the thrust of the ordinance deals with airborne and amplified noise. That is the guts of this statute, ordinance rather and it becomes the cost of business. SUPERVISOR RUSSELL: Thank you. MR. LADEMANN: John Lademann again. One thing I didn't mention, we are talking about noise pollution, how about the pollution from the dust and the pollution fi.om the diesel engines running? I mean, it is terrible with that many engines running at one time. SUPERVISOR RUSSELL: Every one of those issues were discussed at length today. I would be glad to talk to you after the meeting is over. COUNCILMAN TALBOT: Including the forklifts on (inaudible). SUPERVISOR RUSSELL: Inaudible. COUNCILMAN KRUPSKI: And the dust, yes, we did discuss all of that. UNIDENTIFIED: While we are talking about the sound and noise, can we ever do something about these microphones? They are horrible. I had a question for Martin. I believe in the first draft there was something about jail time and that is not here anymore. No, I am just bringing it up. It was in here. If they repeatedly and repeatedly and repeated ..... TOWN ATTORNEY FINNEGAN: We settled on after a survey of the 30 or 40 laws that you provided to us, just decided through the code committee process, the Town Board came to the decision through the code committee process that we would use this scheme, this mirrors many of the other enforcement schemes that are in our code. It gives us the opportunity to go in and get injunctive relief for the repeat offenders. I think as Scott mentioned earlier, the decision was let's get this thing moving, let's get it going and as Ann suggested, see how we do. If it needs to be or it is not enforceable or we have issues, then they can be addressed but you know, I understand from your perspective that there are people that you want to throw in jail. UNIDENTIFIED: No, I am just asking, I am asking you if it was in the original one? That is what I remember. And I believe it was taken out. TOWN ATTORNEY FINNEGAN: There may have been but I (inaudible) July 5,2011 Page 45 Southold Town Board Meeting Minutes UNIDENTIFIED: And of course, I am not talking about somebody who makes, you know, is an occasional problem. I am talking about somebody who, as the gentleman with the wonderful voice that just spoke, that they do it over and over again and it is just the cost of doing business. That is the only reason. I am not into throwing people into jail either but I just noticed that it was there before and it is not here now. SUPERVISOR RUSSELL: A fine of $2,500 per hour, I think that is and I understand the concerns some might have, well, you are leaving the discretion to the judge. That is what most of the code does here, in just about every section. And I hopefully believe that the judges can distinguish between that one party with the graduation party for his kid from the repeat offender who doesn't care about the neighbors. UNIDENTIFIED: Right. SUPERVISOR RUSSELL: That is the goal. That is what we are trying to address, that repeat almost chronic violator. UNIDENTIFIED: Right. Okay, thank you. SUPERVISOR RUSSELL: Thank you. BARB (INAUDIBLE): My name is Barb (inaudible) from East Marion. First off, I would like to thank you so much for finally getting the ordinance to this point. Well over 10 years ago, we started this process and I remember when we first came to the Town Board, they said creating a town law is like creating a supertanker, don't hold your breathe it is going to take a long time gift. So here we are, hopefully we are coming into port. My question to you is everything seems based on these noise meters, so what I would like to know from you is how many noise meters are there going to be? Is it going to be like the guy in the patrol car going I think officer Joe has it and I think he is in Aquebogue or something. You know, whatever. So is everything completely reliant on these meters... SUPERVISOR RUSSELL: There will be a code meter out on the road at all times. The sergeant, the road sergeant will have the noise meter that can be dispatched throughout the entire town at any given time. Usually when people complain with noise, you get one phone call, then two, then three from all the neighbors. The sergeant can be out there with the patrol officer at any time, so a road sergeant will always have one. Plus we are going to have others issued to code enforcement for the regular, in other words, we have two focuses on enforcement. The police department and the code enforcement officers. But there will be, I assure you, we budgeted for 11 or 12 meters. There will be more than enough. UNIDENTIFIED: Great. Thank you. TOM HENISCH: Tom Henisch from Southold. I deal with live music and amplified sound, that is what I do for a living and I swear I was never in East Marion at the Blue Dolphin. But to address what the gentleman had said about frequency content and the noise measurement that July 5,2011 Page 46 Southold Town Board Meeting Minutes most of the residents complain about, probably what shakes their windows, would not be covered under an A weighted reading in a decibel reader, as well as I think that the decibel readings are a little flawed that they are a little too low compared to what the real life situation is. I think that by taking your meter around the town and measuring hamlets, you can get a good judgment for what the ambient readings are throughout the town because I think some of these other measurements were pulled from other towns, just to put some numbers down and were basically pulled out of the air. SUPERVISOR RUSSELL: There is actually a gentleman from New Jersey who is the foremost expert on the east coast that you can hire as a consultant to develop the noise code. What we essentially did was use the noise code that he developed for the Town of Shelter Island, the Villages of Southampton. It is the same gentleman producing that. We are confident in discussions with the vendor that with the training we can sort out the ambient and background noise versus the offending noise. But we are confident that Quest technologies has the ability to train us properly in the use of them. MR. HENISCH: The situation is, on my house on the North Road for example, a car going by even during the daytime is 75db A weighted and in the middle of the night, that is pretty loud. If you have your windows open, you are trying to sleep; But then if I flip on the air conditioner, now I am generating at least 65 db or something like that at my neighbors house of continuous noise out of my compressor out of the back of my air-conditioner and now my neighbor could actually call and complain about something and technically by what you have written, we would be in violation. So I think something needs a little more refinement as to how you can actually enforce it. And it is a shame that businesses are not responsible enough to want to continue doing their business and conform to whatever law you do pass. SUPERVISOR RUSSELL: I appreciate that. Thank you. Would anybody else like to comment on the noise code? NANCY SAWASTYNOWICZ: Nancy Sawastynowicz of Cutchogue. I find it very appropriate that this is after 4th of July. My neighbor shot fireworks on Saturday night so loud that our house was shaking. So can we make the violation for illegal fireworks really higher than anything? I was so concemed. His yard is like 150 feet from a nesting osprey that now has babies and I just, what do we do when they shoot fireworks illegally? SUPERVISOR RUSSELL: Call the police department. They should respond quickly. This is already covered under the penal law of the state of New York. That is not part of the town code. MS. SAWASTYNOWICZ: I just felt so bad because I know the babies have hatched and this guy, he was worse than the carnival fireworks, so I am glad you are doing something for the noise ordinance and I am glad you are doing something about Alvah's Lane, that is a disgrace. Thank you. SUPERVISOR RUSSELL: Would anybody else like to .... July 5,2011 Southold Town Board Meeting Minutes Page 47 BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I just have a few questions. Yes, we do have one existing noise ordinance against barking dogs. How will this new ordinance, if it is enacted, will that supersede the existing ordinance, there is no... SUPERVISOR RUSSELL: The existing law is stand alone and enforceable on its own. It doesn't need to be superseded. Barking dogs are not permitted, you are required to take control of your dog, your animal that is barking. That is already specified in the town code. There is no need to supersede that. MR. SCHWARTZ: Even if it is just a little quiet little dog? COUNCILMAN ORLANDO: I think it is a habitual .... MR. SCHWARTZ: So that is a separate law, we are not going to change that. The noise ordinance related to cars and motorcycles, we just need to step up the enforcement of the New York State laws that apply. There are also New York State laws that apply to loud boats and my attention was called to that by a brochure boat smart guide on the Southold Town police website. It says there is a noise limit of 90 decibels for a stationary boat and 75 decibels for a moving boat or something, so whoever was concerned about the boats, maybe they just need to file the complaint and call the attention to the laws that already exist but will the new noise meters be used to enforce these existing laws that are currently not being enforced. SUPERVISOR RUSSELL: That is an issue that we certainly have to discuss with the new chief of police. MR. SCHWARTZ: Okay. Well, I just have one last comment, there has been a lot of complaints about these helicopters and I was actually complaining about them years before anyone else. People ask me what planet I live on but in law school 20 years ago, I learned that the remedy for noise, aviation noise is not a municipal ordinance. It is a private nuisance lawsuit. If the noise is interfering with the quiet enjoyment of property, a property owner has the right to sue the helicopter pilot or the company, maybe the passenger. So maybe there is nothing the town can do but maybe there is something if property owners keep track of and monitor the extent of the disturbance on their property from the helicopters, there are lawsuits that can address that. My last question on this new noise ordinance, it is a nice preamble but you know, enforcement of laws is one way by the police issuing tickets. Most important to enforce any laws is voluntary compliance. People need to be aware of the law. Does the town have any intention to create any public service announcements? Anything like that? SUPERVISOR RUSSELL: Absolutely. Outreach is going to be a huge component. MR. SCHWARTZ: Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular local law? July 5,2011 Page 48 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: I have one concem. Some of us were concerned about 200-6 standards. It says no person shall create or cause to be emanated any noise pollution which when measured on a sound level meter at or beyond the property line closest to where the noise is generated or fi.om the property line of a complaining property owner and then it goes through the standards and the hours for the standards and I think it should be, it can't be both really and if you are going to have a noise complaint from someone way down the road because you don't like the neighbor that it might, it might be valid, it might be too loud at your property line but I don't know if you can enforce it, if you can go all the way down the road and put the microphone right there and enforce it or whether the problem really is in your yard. Because you are complaining about it where you live, not next to the source of the noise. So I kind of think it should be, the complaint should be measured at your property line. COUNCILMAN ORLANDO: It takes the discretion away fi.om the officer, whoever calls to complain, they go to their house, they measure and say yes, it is loud. SUPERVISOR RUSSELL: That is the one issue that the Board hasn't resolved. The issue is look, if I don't like someone in Greenport, I shouldn't have the luxury of calling up on the phone and filing a complaint because they are making noise. It doesn't affect me when I live in Cutchogue. The idea is to call to take the measurement fi.om the property line of the complainant~ Well, the flip side of that is, you are putting the complainant in a very tough position because a lot of people like to make complaints anonymously etc. So that, right now I have discussed it with Captain Flatley, now Chief Flatley, he believes that this gives them enough discretion to reach the intent of the law to enforce it, to ensure that it is going to address those who just simply have no respect or absolute concern for their neighbors. But it is an issue we should take up in the very near future. JUSTICE EVANS: Well, we will see how it works. SUPERVISOR RUSSELL: Yes. See how it works. Okay, we are going to Close this heating and then we can get to the regular open mic portion of the night. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I think we are going to close it tonight. I think we usually like to take the input fi.om the public, certainly Mr. Meguin raised some good questions with penalty issues. I would envision adopting it in two weeks. Closing Comments SUPERVISOR RUSSELL: Okay, that completes the public hearings. Now you are welcome to come up and discuss any issue under the sun with us. Made? MARIE DOMENICI: Hi, Made Domenici, Mattituck. I just wanted an update on the signs, the thru trucking signs that we were going to go .... SUPERVISOR RUSSELL: We sent a letter to the DOT. We asked the DOT, I sent a letter to Kevin Matthei, he is the regional director for the DOT, asking him if they would place July 5,2011 Page 49 Southold Town Board Meeting Minutes commercial through traffic signs indicating that they stay on the Main Road. I await their response. MS. DOMENICI: And so, how much time do you think would be amenable to wait before we could, would it help if people called? SUPERVISOR RUSSELL: It may or may not. The problem is they have to refer that to engineers and they have a whole, sort of a process set up to review requests for signage or the removal of signage and he has to do his job and you know, ferret it out to his traffic engineers etc., wait for recommendations to come back. It is the DOT, you know how long it took the first time. MS. DOMENICI: Okay. One other thing, across the street from my house is a street light and it doesn't go off in the morning, it is on 10:00, 11:00, 12:00, is there something that can be done about that? SUPERVISOR RUSSELL: Yes. I will get it addressed by the town engineer tomorrow. That would be the pole that, is it within Farmveu or is it out towards Sound Avenue? MS. DOMENICI: No, it is in Farmveu, it is directly across the street from my house and I think there are four lights throughout the community and I think they are all affected. I haven't seen the others but the one directly across the street from my house is on 11:00, 12:00, 1:00 in the afternoon. SUPERVISOR RUSSELL: Okay. MS. DOMENICI: Okay. SUPERVISOR RUSSELL: I will have Tim Abrams out tomorrow. MS. DOMENICI: Great. Thanks so much for your help. UNIDENTIFIED: I am from East Marion but I am here to complain about (inaudible). We are missing some Southold parking permit signs on Rocky Point Road. I think about three of them and of course, we are getting people from outside on the weekends, the same issue that the gentleman had. So who do I take this to? SUPERVISOR RUSSELL: You have signage that requires beach sticker parking? UNIDENTIFIED: No, the signage was taken out. SUPERVISOR RUSSELL: It was? You can refer it to me right now and I will certainly bring it to the attention of DPW and the Highway Department tomorrow. UNIDENTIFIED: Yes, it is at the end of Rocky Point Road. About three signs were taken out July 5,2011 Page 50 Southold Town Board Meeting Minutes during renovation of a house and never put back. SUPERVISOR RUSSELL: Okay. I will bring that to their attention. Mr. Heyliger, you are talking about Sound Avenue, earlier you said signs were removed? That would be specifying the speed limits and then the caution because the children were playing? Those were along Sound Avenue that were removed? On along Old Sound, right? MR. HEYLIGER: When you come offOld Sound Avenue, down Factory Avenue. SUPERVISOR RUSSELL: Okay, down Factory Avenue. I will bring that to their attention tomorrow. Would anybody else like to address the Town Board? ADRIENNE GREENBURG: My name is Adrienne Greenburg from Greenport. I was asked to read this noise ordinance letter but I felt that the contribution by everybody today spoke for itself, but I would like to know if I can just hand it to you. I was asked to read this for Steven and Caroline Greer and a number of other people on Sound Road. Can I just, I am not sure if she emailed it to you or not. SUPERVISOR RUSSELL: Yes, they actually did. I have it right here. MS. GREENBURG: Do you have the names? SUPERVISOR RUSSELL: This was signed by Steven and Caroline. MS. GREENBURG: Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address the Town Board on any issue? MR. SCHWARTZ: I will be very brief, on the way into Town Hall parking lot today, I noticed the beautiful lawn behind the parking lot. That's owned by Southold Town now, that property? Did a nice job of mowing that lawn and keeping it up. The next door neighbor however, I believe is an absentee landowner and his lawn .... SUPERVISOR RUSSELL: The attorney from the south fork? MR. SCHWARTZ: I believe he is from the south fork. His lawn is a little bit ragged. SUPERVISOR RUSSELL: Yes. It had been more than a little bit ragged in the past and we asked Damon to contact him and he has generally responded by cleaning it up and we will certainly do that again. MR. SCHWARTZ: I think it is time, especially considering the situation with the tick borne illnesses. Does the Town Board have any intention of addressing that situation in any direct way? July 5,2011 Page 51 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We will do what we have done in the past which has worked well. We have asked the code enforcement officer to reach out to the owner and have him mow it and maintain it and that gets done. MR. SCHWARTZ: Mowing that lawn will help in many ways but in addition to that, I am raising the issue of tick borne illnesses which are increasing at an unknown, very rapid but how rapid unknown rate and are sometimes fatal or extremely debilitating and even if you do get treated, the treatment is something you wouldn't wish on your worst enemy. It is a very serious problem that Suffolk County government has talked about, I think I have heard people talking about it here in the Town Hall but I haven't seen any action taken. Anything done. Do you have any intention to look into this or to .... SUPERVISOR RUSSELL: We are more than aware of the issues and we try to work with the Suffolk County Department of Health and the New York State Department of Health as best we can, as a small town to try to address the issue. It is a large issue, it is a regional issue. There is no doubt about it. It is not Southold's issue, it is an issue for the entire east end. We have certainly in the past have tried to support efforts to get Brookhaven National lab involved and others. This is the alarm bells that the Supervisor's Association rings constantly before the higher authorities. MR. SCHWARTZ: Every single person and every property owner in Southold is addressing this, or is facing this issue one way or another. It would be nice if we could have some kind of a, some action, some support from out local government. COUNCILMAN KRUPSKI: One of the ways we have addressed it also is through our deer management program because deer are major effectors and the tick population and they help to move the tick population around very rapidly over great distances, so by trying to control the deer population you will get some control over the tick population. MR. SCHWARTZ: Shelter Island has had those scientists come in and do that pilot program with the four posters to spread the poison around. SUPERVISOR RUSSELL: And studies suggest it works on Shelter Island. We looked at it for Southold Town, Southold Town has a bit of an issue in that our populations aren't isolated such as Shelter Island's, they are transient in nature and it is a very costly proposition. But it is issues we are looking at. MR. SCHWARTZ: And there are things going over in Connecticut, there are things happening but I would think that somebody in the Southold Town government could at least get together a public service announcement, a brochure and an explanation. There are a lot of things which the doctors, the medical establishment, the Suffolk County Department of Health are not doing. I will just give you one example, when I pull off a tick, if it has been embedded and if there is blood there, I put a little antibiotic on it, triple antibiotic cream. Directly on the bite. I think that is helpful but I have not heard that advice given from anybody and I have spoken with July 5,2011 Page 52 Southold Town Board Meeting Minutes communicable disease experts from the New York State Department of Health among others and I am not trying to put them down, I am just trying to work with them. But I think we need to do that, we need to come together as a community and come up with some answers before we get sick. COUNCILMAN ORLANDO: Well, you are right, Benja. It is serious disease and a serious problem out here. MR. SCHWARTZ: There are things we can do. And if you would like to .... MS. SAWASTYNOWICZ: Just one question about the signs, at the end of the Pequash club, there is no sign that says no parking after 10 and all the neighbors are complaining. How do they get a sign like that put on that street? SUPERVISOR RUSSELL: Contact my office. Actually we have as a general rule, the town code closes all beaches as sundown. If you are talking about the road end there .... MS. SAWASTYNOWICZ: Yes, the dead end. SUPERVISOR RUSSELL: Right at the end of Pequash, I thought there had been a sign there over the years, if it is not anymore, it's probably hanging in a dorm room somewhere. They should let us know and we contact DPW and highway department immediately. MS. SAWASTYNOWICZ: Yes. Okay. Thank you. SUPERVISOR RUSSELL: Thank you. Mr. Heyliger? PAT MCNAMARA: Pat McNamara, 4000 Alvahs Lane in Cutchogne. I was here this morning and I think you covered a lot of the bases. We have been getting a lot of good publicity from these signs. People are stopping and saying it is about time we have been doing something. But you know what? We have been trying for 10 years to do something. These people just don't realize how we have been living and I am hoping that what was discussed this morning is going to work and they are going to get tough with them. SUPERVISOR RUSSELL: Ms. Adams are you ready to go? JODY ADAMS: I am mildly interested, I am very interested and mildly concerned. When I was trying to research this current law, the Town Clerk's office told me they had absolutely no records on it. Is Betty Neville here tonight? COUNCILMAN TALBOT: She is. TOWN CLERK NEVILLE: Yes, I am here. MS. ADAMS: Oh, hi Betty. This was not directly from her, it was from her next in line. They July 5,2011 Page 53 Southold Town Board Meeting Minutes said the only, I said I have been to meetings and you talked about all these letters you had gotten and she said the Town Clerk had no records and to hear that there was a previous public meeting, can you ask Ms. Neville if they have records on this previous meeting, if not, why not? COUNCILMAN TALBOT: Was that in regard to the noise ordinance? MS. ADAMS: Yes. Linda Cooper, over and over, we have nothing. We have nothing. TOWN CLERK NEVILLE: Any complaints actually I put on laserfiche, so I will have to check there and see. SUPERVISOR RUSSELL: We will look into that tomorrow... MS. ADAMS: Well, it is not a question of complaint, it is a question of do you have the records that I was told you didn't have? Do you have records of this last public heating and if not, why not? TOWN CLERK NEVILLE: Of the last public hearing of the noise ordinance? MS. ADAMS: Of the previous one. Yes. TOWN CLERK NEVILLE: Unless for instance, somebody handed some letters to the Supervisor and other Board members and they weren't put on. In other words, it should be in the file. JUSTICE EVANS: There should be a file. TOWN CLERK NEVILLE: There should be a file and it should be in the file. MS. ADAMS: Well, would you speak to Linda and see if she admits having said this? TOWN CLERK NEVILLE: I will check it out, yes. MS. ADAMS: Alright. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Mr. Heyliger? LEROY HEYLIGER: I am Leroy Heyliger, I live in Mattituck. I would like to show the Town Board something we have to see every Sunday morning when we go to church. Every Sunday morning, this is what we have to look at. COUNCILMAN ORLANDO: Is this the Waldbaum's dumpster? Whose dumpster is that one? SUPERVISOR RUSSELL: It is the dumpster by one of the tenants that is located to the west of July 5,2011 Page 54 Southold Town Board Meeting Minutes the property. We tried to, we addressed the issue with the owner of the shopping center who had require the tenant screen the fencing. Of course, the fence was up two weeks before it got hit by a bunch of youths with graffiti but the fence is there and I know they extended the length of the fence to try to shield the dumpster from the visibility of the church. MR. HEYLIGER: Now I took it upon myself to talk with DiVello, who picks up, Rocky. I saw him when he was on our, I believe it was on a Thursday when he was picking up and he said that he talked with them and he wanted them to use a larger dumpster because over the weekend, he doesn't pick up on Sunday morning, he doesn't get to them until around Tuesday and this weekend was really bad. They didn't pick up until this afternoon. The whole weekend there was vermin, there was raccoons, there was seagulls, there was crows picking at this garbage, just like this. All day Sunday, all day Monday. It was going all over Factory Avenue. SUPERVISOR RUSSELL: Did Rocky tell you who the tenant was that was his client, with the dumpster? I don't want to ask you now, you can tell me after the meeting. MR. HEYLIGER: He told me. SUPERVISOR RUSSELL: I can address the issue with that tenant specifically. MR. HEYLIGER: He said that they didn't want to pay the extra and Rocky said that he would be glad to go there and pick it up on Sunday morning, early Sunday morning because it stays there all day Sunday, all day Monday and then they pick up Tuesday. Something has to be done. It is like this every Sunday morning, every Sunday morning. And it looks terrible when you come down Factory Avenue off of Old Sound Avenue, you come down to the shopping mall. That stuff is all over the place. And sea gulls and vermin because it is right there in the woods. And something has to be done. I would appreciate it if you could look into it. Thank you. SUPERVISOR RUSSELL: I will. After the meeting, I want to know what Rocky had talked to you about. Would anybody else like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:20 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Southold Town Clerk Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell