Loading...
HomeMy WebLinkAboutTB-07/31/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box I 179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.north fork.net MINUTES July 31, 2012 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 31, 2012 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 31, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name William Ruland Christopher Talbot Jill Doherty Albert Krupski Jr. Louisa P. Evans Scott Russell Elizabeth A. Neville Martin D. Finnegan Organization Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Title Status Councilman Present Councilman Present Councilwoman Present Councilman Present Justice Present Supervisor Present Town Clerk Present Town Attorney Present Arrived I. Reports Island Group Employee Health Care Town Monthly Budget Report II. Public Notices lll. Communications Hearings 9:00 Unsafe Building Hearing, SCTM #1000-113-11-18.1 ( Hoffman ) July 31, 2012 Page 2 Southold Town Board Meeting Minutes IV. Discussion 2. 3. 4. 5. 6. 7. 8. 9:30 Jim McMahon 9:45 - Michael Collins Town-Wide Mailer Re: Hurricane Preparedness Revisit: Mill Lane "No Parking" Signage Revisit: Limited Retailing as a Special Use in L1 & LIO Zones Dogs on Public Property Executive Session - Labor Executive Session - Litigation Pledge to the Flag Opening Comments Supervsior Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Now, I am going to ask anybody that would like to comment on any of the agenda items to please feel free to comment at this point. I see there are people here that want to speak on other issues as well. I will just remind everyone that as soon as we are done with the business, we will go to the session where we take comments on any item under the sun. Marie? Marie Dominici, Mattituck MARIE DOMENICI: Good evening, Marie Domenici, Mattituck. On page 19, 608, the property cleanup at 805 Donna Drive in Mattituck. The people that own that property own several properties and one of the properties is in Farmveu and that property is just left (inaudible). If you want ticks, please, please come to that property and help yourself. So I was wondering, is this something that can be done on any of the properties? SUPERVISOR RUSSELL: We are working on as many as we can at one time. As you can imagine, the inventory of homes that have been neglected is really piling up. We have one DPW and there is a process, to go through a legal process which is how we got this far with this one, but each and every one of them have to go through a process and we are doing the best we can to deal with the volume of properties. Our first instinct is to not go out and take care of the property but try to get the responsible parties to, whether that is a mortgage company or an owner. When all that fails, the last resort is to send DPW in and in order for the tax payer to stay whole, we bill those charges back, as you see in this resolution. July 31,2012 Page 3 Southold Town Board Meeting Minutes MS. DOMENICI: Right. So I was just wondering if you could put the one on Harvest Lane on the list of.... SUPERVISOR RUSSELL: Sure. If you want to contact my office, I will give you an update of where we are on the process with that. I don't even know if that is even on the radar. I will have to talk to Code Enforcement tomorrow. MS. DOMENICI: Okay, alrighty. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: (No response) Would anyone else like to comment on any of the agenda items? V. Resolutions 2012-582 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 31~ 2012. ,r' V~te Re[ord - Resolution RES-2012-582 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doheny Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter 1~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-583 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 8/14/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 14, 2012 at the Southold Town Hall~ Southold, New York at 4:30 P. M.. July 31, 2012 Page 4 Southold Town Board Meeting Minutes Vote Record - Re~olufion RES-2012~58~ [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] FI [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoi~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-584 CA TE GOR Y: DEPARTMENT: Set Meeting Town Clerk Set Fishers Island Meeting 8/8/12 1.'30 Pm RESOLVED that the Annual Fishers Island Town Board Meeting of the Southold Town Board be held, 2012 New York 1:30 P. M.. Vote Record - Resolution RES-2012-584 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn i Christopher Talbot Seconder [] [] [] Fl [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt i Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-585 CA TEGOR Y: DEPARTMENT: Public Service Town Clerk Appoint Caren Heacock as a Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Caren Heacock as a Temporary Marriage Officer for the Town of Southold, on Saturday, September 8, 2012 only, July 31,2012 Page 5 Southold Town Board Meeting Minutes to serve at no compensation. Vote Record - Resolution RES-2012-585 [] Adopted [] Adopted asAmended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Seconder [] [] Fl [] [] Withdrawn Christopher Talbot Voter [] [3 [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr Voter [] El [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-586 CATEGOR~ DEPARTMEN~ Employment - FIFD Accounting Appoint Lee Austin Cattanach Seasonal Purser RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted July 17, 2012 amending the resolution of June 19, 2012 hiring Lee Austin Cattanach with the proper position/title for seasonal staffing. Vote Record - Resolution RES-2012-586 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] VI [] Withdrawn ] Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter ~ ~ FI [] [] Tax Receiver's Appt i Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded i Louisa P. Evan~ Vote~ ~ []~ ~ [] [] [] Town Clerk's Appt I Scott Russell Voter [] [] [] [] [] No Action 2012-587 CATEGOR~ DEPARTMEN~ Employment - FIFD Accounting Hire Matthew Skinner Seasonal Clerk July 31, 2012 Page 6 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted July 17, 2012 that amends the resolution of July 3, 2012 appointing Matthew Skinner with the correct civil service title. Vote Record - Resolution RES-2012-587 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] Fl Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] ~ ~ [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-588 CA TEGOR Y: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #4179 effective July 2, 2012 pursuant to the Family Medical Leave Act. Vote Record - Resolution RES-2012-588 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Seconder [] [] [] [] [] Tax Receiver'sAppt Albert KmpskiJr. Voter [] [] [] [] [] Rescinded Louisa P Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt -- ~ [] No Action 2012-589 cA TE GOR Y: DEPARTMENT: Budget Modification Accounting July 31, 2012 Page 7 Southold Town Board Meeting Minutes Budget Modification for Computer Equipmenl Fiscal Impact: Provide appropriation for four 20"flat screen monitors for Accounting Dept. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 budget as follows: General Fund Whole Town From: A.1310.4.500.100 Accounting, Bond Counsel/Bond Fees $455 Total $455 To: A.9901.9.000.100 Transfer to Capital Fund $455 Total $455 Capital Fund Increase Revenues H.5031.35 Interfund Transfers $455 Total $455 Increase Appropriations: H.1680.2.600.100 PC Workstations & Printers $455 Total $455 Vote Record - Resolution RES-2012-589 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] Tax Receiver'sAppt Albert Krupski Jr. Voter g~ [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-590 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Highway Department _ Roof RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for furnishing all labor~ materials and equipment for the July 31, 2012 Page 8 Southold Town Board Meeting Minutes replacement and reconstruction of the Southold Highway Department Barn Roof System, 165 Peconic Lane, Pcconic, NY, as per thc plans and specifications prepared by James Richter, RA, Office of the Town Engineer Vote Record - Resolution RES-2012-590 gl Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receivcr'sAppt Albert Krupski.lr, Voter [] [] [] [] El Rescinded Louisa P. Evans Voter [] [] [] FI [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt HgwysAppt [] No Action 2012-591 CA TEGOR Y: Tax Lien DEPARTMENT: Town Clerk FISD Lien - Doherty RESOLVED that the Town Board of the Town of Southold, in accordance with Article XV, Section 215-50 of Chapter 215 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent owed by Carolyn Juleen Dohertw and Thomas F. Doherty~ Jr. in the amount of $2421.56 for the year of 2011 which rent remains unpaid~ shall be levied against the real property of Carolyn and Thomas F. Doherty~ Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2)~ and shall be collected at the same time and in the same manner as Town taxes. Vote Record - Re~olution RES-2012-S91 [] Adopted [] Adopted ~s Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Initiator [] [] [] [] [] Withdrawn , Christopher Talbot Voter [] -- [] [] [] [] Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] Tax Receivcr'sAppt : Albert KrupskiJr. Seconder [] [] [] I'-I [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter I~ F1 [] [] [] Supt Hgwys Appt [] No Action July 31, 2012 Page 9 Southold Town Board Meeting Minutes 2012-592 CA TE G OR Y: DEPA R TMENT: Budget Modification Public Works DPW Budget Mod. Equipment Repairs Fiscal Impact: Transfer offunds to cover shortfall in the Equipment Maintenance Budget as mandated by SCDHS New fuel containment tank at the Highway Department to satisfy SC Health Department violation. The oM gas containment tank had a hole in the bottom of the tank. Replacing HVAC unit at Police Dept, broke RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Building & Grounds budget as follows: From: A.1620.4.400.200 Property Maintenance & Repairs $3,000.00 A.1620.4.100 Gas & Oil 5,000.00 To: A.1620.4.400.600 Equipment Maintenance & Repairs $8,000.00 Vote Record - Resolution RES-2~12-592 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheriy Voter [] [] [] [] [] Tax Receiver'sAppt Albert KrupskiJr Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoi~ Russell Voter ~ [] ~ [] [] Supt Hgwys Appt [] No Action 2012-593 CA TE GOR Y: DEPARTMENT: Employment - FIFD Accounting Hire Mary Strunk Seasonal Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted July 24, 2012 appointing Mary Strunk to the position of seasonal clerk. July 31, 2012 Page 10 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-593 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] FI Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P, Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-594 CATEGOR~ DEPARTMEN~ Employment - FIFD Accounting Terminate Employment Craig Gilbert RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted July 24, 2012 terminating the employment of Craig A. Gilbert. Vote Record - Resolution RES-2012-594 [] Adopted [] Adopted ~s Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Voter [] [] E] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doheny Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr, Seconder [] [] [] [] [] Rescinded Louisa P Evans Voter gl [] [] [] [] Town Clerk's Appt Scott Russell Voter fil [] [] [] [] Supt Hgwys Appt [] No Action 2012-595 CA TEGOR ~ DEPARTMEND Budget Modification Solid Waste Management District SWMD Budget Modifications Fiscal Impact: July 31, 2012 Page 11 Southold Town Board Meeting Minutes Fuel-based surcharge on last bag order; contractor site visit for solenoid repairs to 966; unpaid charges for 966 transport to contractor facility for 2011 differential repairs; calibration of vehicle scales. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.4.100.525 (Payloader/Truck Tires) SR 8160.4.100.551 (Maint/Supply CAT 966 Loader) SR 8160.4.100.609 (RCA Blend) SR 8160.4.400.200 (Building Maintenance) TOTAL: $1,300 $1,200 $ 750 $ 250 $ 3,500 To: SR 8160.4.100.650 (Garbage Bags) $1,300 SR 8160.4.400.655 (Contr. Repairs CAT 966 Loader) $1,950 SR 8160.4.400.600 (Scale Maintenance) $ 250 TOTAL: $ 3,500 Vote Record - Resolution RES-2012-595 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albea Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scoa Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-596 CA TE GOR Y: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Fall Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Fall 2012 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 2012 instructor line A7020.4.500.420. Lynda Agrusso (guitar) ............................................. $30/hour Antoinette Beck-Witt (drawing class) .................................... $30/hour July 31,2012 Page 12 Southold Town Board Meeting Minutes Sara Bloom (memoir writing) ................................................ $30/hour Thomas Boucher (guitar) ....................................................... $30/hour Christopher Bums (storyboarding) ............................... $30/hour Roz Calvert (Genealogy) ........................................................ $30/hour Constance Case (Quilting) ..................................................... $30/hour Susan Dingle (Self Improvement courses) ............................. $30/hour Lenora Dome (belly dancing) ................................................ $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching) ...... $30/hour Susan Esposito (Home Organization) ..................................... $30/hour Vivian Eyre (poetry) ................................................ $30/hour Susan Forte (EBay & computer) ............................................ $30/hour Bill Gatz (youth basketball) ........................................ $30/hour Dan Gebbia (dog obedience) .................................................. $70/dog Denise Gillies (Tai Chi) ............................................ $30/hour GymNation (Gymnastics) .......................................... $50/person Island's End Golf & Country Club (golf lessons) ............. $100/person Eric Izzo (youth basketball) ....................................... $30/hour Alice Jones (cosmetology) ........................................ $30/hour Thomas LaMothe (Spanish) ...................................... $30/hour Lois Levy (Art Workshop) ........................................ $30/hour Little Red Barn (Horseback lessons) ............................. $100/person Rosemary Martilotta (yoga) ................................................... $55/class Peter Masso (Conversational Italian) ............................ $30/hour Judy McCleery (digital photography) ............................ $30/hour Kate McDowell (tennis lessons) .................................. $30/hour Connie Monteforte (home staging) .............................. $30/hour Maribeth Mundell (singing program) ............................ $30/hour Linda Nemeth (Watercolor) ................................................... $30/hour Jeffrey Poplarski (Golf Fitness) ................................. $55/class R & C Agency Management Corp. (defensive driving) ...... $30/person R & C Agency Management Corp. (CPR class) .............. $55/person Debra Riva (Collage workshop) ............................... $30/hour Laurie Short (aerobics classes) .............................................. $30/hour Jocelyn Suglia (youth basketball) ............................... $30/hour Barbara Terranova (Knitting/Ornament workshops) .......... $30/hour Lisa Tettelbach (Greeting Cards) .......................................... $30/hour Kathleen Travers (home staging) ............................... $30/hour Vote Record - Resoluti'on RES-2012-~596TM [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rultmd Initiator [] [] [] [] [] Defeated [] Tabled Christopher Talbot Voter []----[] [] [] [] Withdrawn Jill Doheny Voter [] [] [] FI [] Supervisor's Appt Albert Krupski Jr Seconder ff] [] []__ [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] July 31, 2012 Page 13 Southold Town Board Meeting Minutes [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-597 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Jordan Doroski Provisional Scale Operator WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Scale Operator, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Scale Operator position for the Solid Waste District with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Jordan P. Doroski to the position of provisional Scale Operator for the Solid Waste District, effective August 5~ 2012 at a rate of $20.1573 per hour. ~' Vo~ Record - Resolution RES-2012-597 [] Adopted [] Adopted ~sAmended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Seconder ~ [] F1 [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver'sAppt Albert KmpskiJr Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-598 CA TE GO R Y: DEPARTMENT: Attend Seminar Supervisor Engineers to Attend Peconic Estuary Program Inter-Municipal Agreement Meeting July 31, 2012 Page 14 Southold Town Board Meeting Minutes RESOLVED the Town Board of the Town of Southold hereby grants permission to James Richter and Michael Collins to attend the Peconic Estuary Program Inter-Municipal Agreement meeting at the Comell Cooperative Extension Building located in Riverhead, on July 30th, 2012, travel by Town Vehicle. Vote R~cord - Resolution RES-2012-598 gl Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter gl [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter gl [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter gl [] [] [] [] No Action 2012-599 CATEGOR~ DEPARTMEN~ Attend Seminar Supervisor Engineers to Attend Peconic Estuary Program Technical Advisory Meeting RESOLVED the Town Board of the Town of Southold hereby grants permission to James Richter, Michael Collins and John Sepenoski to attend the Peconic Estuary Program Technical Advisory Committee meeting at the Cornell Cooperative Extension Building located in Riverhead, on August 15th, 2012, travel by Town Vehicle. Vote Record - Resolution RES-2012-599 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent Fl Tabled William Rulmd Voter gl [] [] [] [] Withdrawn Christopher Talbot Initiator gl [] [] [] [] Supervisor's Appt Jill Doherty Voter gl [] [] [] [] Tax Receiver'sAppt Albert KrupskiJr. Voter [] [] [] [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-600 July 31, 2012 Page 15 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Attend Seminar Supervisor Attend Training for TMDL Retrofit Plan Training RESOLVED the Town Board of the Town of Southold hereby grants permission to James Richter, Michael Collins, John Sepenoski and Mark Terry to attend the TMDL Retrofit Plan Guidance meetings at the NYS DEC Region 1 office in Stony Brook, on August 15th and August 16th, 2012, travel by Town Vehicle. Vote Record - Resolution RES-2012-600 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheny Initiator [] [] 13 [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] ! [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-601 CATEGOR~ DEPARTMEN~ Contracts, Lease& Agreements TownA~omey Execute the Modification Agreement Form Between the Town of SouthoM and the New York State Department of State RESOLVED that the Town Board of the Town of Southold hereby .authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with amending the Budget and Work Program for Agreement #C006792 {revision of Town Code to Implement Stormwater Management), subject to the approval of the Town Attorney. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Rulmd Initiator [] [3 [] [] [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P, Evans Voter [] [] Fl [] [] Rescinded Scott Russell Voter [] 13 [] [] [] Town Clerk's Appt [] Supt Hgwys Appt July 31, 2012 Page 16 Southold Town Board Meeting Minutes [] No Action 2012-602 CATEGOR~ DEPARTMENT: Bid Acceptance Police Dept Accept Bid for 3 PD Vehicles RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from Grace Quality Used Cars~ Inc for the surplus Police Department vehicles listed below for a grand total of $2~374.00 ASSET# DESCRIPTION VIN# BID 3496 2006 Ford Crown Vic 2FAHP71W16X138611 $658.00 3669 2008 Ford Crown Vic 2FAFP71V78X188784 $858.00 3738 2008 Ford Crown Vic 2FAHP71V58X131056 $858.00 Vote Record - Resolution RES-2012-602 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-603 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Reinstate the Employment of Amanda Nunemaker RESOLVED that the Town Board of the Town of Southold hereby reinstates the employment of Clerk-Typist Amanda M. Nunemaker in the office of the Town Trustees, effective August 6, 2012, at a rate of $40,579.81 per annum. · / Vote Record - Resolution RES-2012-603 ~ Adopted · ~] Adopted as Amended Yes/Aye No/Nay Abstain Absent July 31, 2012 Page 17 Southold Town Board Meeting Minutes [] Defeated William Rulmd Voter [] 13 [] [] [] Tabled Christopher Talbot Seconder [] [] 13 [] [] Withdrawn Jill Doher~ Voter ' [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver'sAppt Louisa P, Evans Initiator [] Fl [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-605 CA TE GOR Y: DEPARTMENT: Public Service Town Clerk Fireworks Permit to Peconic Landing for a Fireworks Display on August 19, 2012 to Celebrate Its 10Th Anniversary RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to the Peconic Landing ~ Southold, for a fireworks display on August 19, 2012 (rain date August 20), on the Peconic Landing's property at 1500 Brecknock Road, Greenport, New York, to celebrate its l0th Anniversary, upon the payment of a single fee of $100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and sub,iect to the approval of the Fire Inspector and Town Attorney. Vote Record - Resolution RES-2012-605 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt --' ~ [] No Action 2012-604 CA TE GOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk July 31, 2012 Page 18 Southold Town Board Meeting Minutes Douglas Moore Memorial Concert 2012 Fiscal Impact: Total Police Department cost for Event = $197. 52 RESOLVED that the Town Board of the Town of Southold hereby grants permission for the closure of Case's Lane adiaeent to the Village Green~ for the Douglas Moore Memorial Music Festival's Annual Concert on the Cutchogue Village Green~ on Saturday~ August 11~ 2011~ from 5:00 PM to 10:00 PM, with the following provisions: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event shall be waived. Vote Record - Resolution RES-2012-604 I~ Adopted [] Adopted asAmended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~ [] [3 [] [] Withdrawn Christopher Talbot Initiator [~ [] [] [] [] Supervisor's Appt Jill Doherty Voter ~l ~ [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [~ [] [] [] [] Rescinded Louisa P. Evans Seconder ~ [] [] [3 [] Town Clerk's Appt Scott Russell Voter I~ [] [] [] [] Supt Hgwys Appt [] No Action 2012~606 CA TE GOR Y: DEPARTMENT: Public Service Town Attorney Property Cleanup Costs~1350 Crown Land Ln., Cutch. RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby finds that the costs and expenses incurred by the Department of Public Works in effectuating the cleanup of the property located at 1350 Crown Land Lane~ Cutchogue~ totals $367.56 and~ therefore~ shall be levied against the real property of Saddle Brk Rntal Props LLC~ SCTM #1000-102-7-10~ and shall be collected at the same time and in the same manner as the Town taxes. July 31, 2012 Page 19 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-606 El Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] T~x Receiver'sAppt Albert KmpskiJr, Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] FI [] Town Clerk's Appt Scott Russell Voter Iii [] Fl [] [] Supt Hgwys Appt [] No Action 2012-607 CA TEGOR Y: DEPARTMENT: Public Service Town Attorney Property Cleanup Costs~7970 Route 25, E. Marion RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby finds that the costs and expenses incurred by the Department of Public Works in effectuating the cleanup of the propertA,' located at 7970 Route 25~ East Marion~ totals $276.17 and~ therefore~ shall be levied against the real property of Saxon Mort~a~,e Services~ SCTM #1000-31-6-32.1~ and shall be collected at the same time and in the same manner as the Town taxes. ,~' Vote Record - Resolution RES-2012-607 ~ Adopted [] Adopted as Amended [] Defeated ____Yes/Aye __N°/NaY ~ ~Abstain Absent [] Tabled William Ruland Voter El [] [] Fl [] Withdrawn Christopher Talbot Voter [] El [] [] [] Supervisor's Appt Jill Doher~ Voter [] []-- [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] 13 Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-608 CA TEGOR Y: DEPARTMENT: Public Service Town Attorney July 31, 2012 Page 20 Southold Town Board Meeting Minutes Property Cleanup~805 Donna Dr., Mattituck RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby finds that the costs and expenses incurred by the Department of Public Works in effectuating the cleanup of the property located at 805 Donna Drive~ Mattituck~ totals $367.56 and~ therefore~ shall be levied against the real property of David and Cynthia Sciacchitano~ SCTM #1000-115-16-7~ and shall be collected at the same time and in the same manner as the Town taxes. Vote Record - Resolution RES-2012-608 [] Adopted [] Adopted ~s Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rula~d --Voter ~ Fl Fl 13 [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] I"l [] [] [] Tax Receiver's Appt Albert Krupski Jr Seconder [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] I~ [] [] Supt Hgwys Appt ~ [] No Action Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. I would ask anyone to please feel free to address the Board on any issue. Miriam Bissu, Orient MIRIAM BISSU: Good evening, my name is Miriam Bissu, I live in Orient at the subdivision Orient by the Sea. My understanding from the newspaper that you would be discussing the dog leash law today, am I correct in that? SUPERVISOR RUSSELL: What we discussed today was what we did was, we clarified. First just so there is an understanding, the Town Board at no time proposed banning dogs on public properties. We were discussing the leash law, chapter 83 of the town code, isn't, it is a leash law but it requires people be under the control, the dog be under the control of the owner at all times. It is a little bit ambiguous, whether we should tighten that up. It was brought to our attention that a completely separate section of code, I think it is chapter 193 if I am not mistaken, doesn't allow dogs on beaches or any of the public recreational facilities of the town. That seemed a bit stringent. The town has just put together a small committee to work on coming up with some reasonable allowances for dog owners and for people who don't want to be inconvenienced by them. I have received letters from people saying we need a leash law. The idea is to put both of July 31, 2012 Page 21 Southold Town Board Meeting Minutes those chapters of the code together so we have something comprehensive and cohesive and provides a reasonable balance on both fronts. MS. BISSU: Thank you. The mason I am here to speak tonight is we do have a dog and we are constantly running into dogs that are off the leash. And so I am not sure if you are addressing that issue now or if this is part of the bigger picture, I am in that, I have her 6 years and in 6 years we have had 30 incidents, if not more, of dogs in the neighborhood running after us, running off, you know, running at us, mrming every which way. This has happened 5 times this year, since January and some of the dogs even follow me all the way home. My neighbors in the community know that when I am out with my dog and they are out with theirs, to turn around and walk the other way and those dogs are on the leash. But we have had visitors in the area, just happened on Saturday, I think it was a visitor, I didn't recognize the owner or the dog, the dog followed me all the way back into the driveway and then growled at the other owner of the dog. So, I have been injured and it seems that from my reading of the newspaper there really is no law that people have to have their dog on the leash. So, basically right now, the Main Road from Orient by the Sea to the ferry is the safest road, with all the ferry traffic, that I can use. So I would just like to see that there be some sort of law, that it be publicized and enforced. SUPERVISOR RUSSELL: Well, you actually had sent us a correspondence and the Town Board, didn't you send us a correspondence, I know I got one from another lady from Orient. MS. BISSU: That must have been someone else. SUPERVISOR RUSSELL: Okay, another lady from Orient who had urged the town to pass a leash law. We are taking all the information, part of that groups mission is to sort out two fundamental issues, when to require a leash and when not to and secondly, the access for the animals and the owners for the recreational areas including beaches. There seems to be times or it might be perfectly appropriate to bring a dog to a beach and times when it might not be. But all of that is going to be discussed as part of this small group's charge. It is going to have representatives from the town Park and Rec's committee, Lane Preservation Committee because we have a lot of preserves in the town, to try to come up with something that tries to balance all views. We have heard from many dog owners that want to have access to the beaches for their animals. Everything is about time and place, when and where they should be. MS. BISSU: Okay. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? William Schriever, Orient & Peconic Landing WILLIAM SCHRIEVER: My name is William Schriever. I have a house in Orient and I live also at Peconic Landing. I have two topics that I wanted to speak about, the first one is banning of the plastic shopping bags. These, this affects me directly so I figured I better talk about it otherwise the environmentalists would just run all over us. So I am going to read this speech that I wrote. I said, I am adamantly opposed to banning plastic shopping bags in the Village of Gmenport, the Town of Southold or in the County of Suffolk. I am almost 86 years old and when I walk, I need to use a cane to avoid stumbling and falling, so I have only one hand July 31, 2012 Page 22 Southold Town Board Meeting Minutes available to carry grocery bags. I need two arms to lift and carry one paper grocery bag and yet, I can carry two plastic grocery bags with one hand. These plastic grocery bags provide me with the handles that I need to live independently. My car is garaged a long way away from my apartment, I use the handles of the plastic bags to hang the grocery bags on my electric wheelchair so that I can carry the groceries to my apartment by myself. With paper bags, I must load the groceries into a pushcart and then find someone to deliver it to my apartment. As I have said, the plastic bags are essential to allow me to live independently. As reported in the July 12th issue of the Suffolk Times, Ms. VanBuren said of the plastic bags "you use it once and it is trash" The only good second use for the bags is picking up dog waste. Of course what she says is patently untrue. It is the hyperbole that the environmentalists use to shut off the discussion of the facts. I recycle and reuse all of my plastic grocery bags after I remove the groceries, I hold each bag up to a bright light to determine whether the bag has any holes in it. those that are without any holes, I pack into one storage bag, the others I tie into a knot to identify them and pack them into another storage bag. Those without holes I use to line a plastic waste basket, that I maintain to collect and dispose of my kitchen garbage. When it is full I put a plastic wrapper of some sort on top of the garbage and tie the handles of the plastic bag, too, to package the garbage. The paper grocery bag would not resist the moisture from the garbage nor does it have the handles needed to tie it closed. Also I use these plastic bags to store produce in my refrigerator. The bags are relatively sanitary and they can be disposed of after I have used the contents so that I don't contaminate any new produce. I tie the handles to keep the content from spilling in my car and in my refrigerator. I carry a plastic bag with me literally every time I leave my apartment. Here is the one I am carrying tonight. I use it like a briefcase to carry my business papers, my reading glasses, my checkbook or anything else that I may need on my trip. The handles allow me to carry things in one hand without dropping them. I also use the plastic bags to pick up my mail and to carry it back to my apartment. The plastic grocery bags that have small holes in them, I use to carry and dispose of recycled bottles and cans. I also use them to tie up waste paper, like discarded mail and magazines for recycling. When I need to flour meat or fish for frying, I lay out a plastic bag on the counter to contain the flour and then 1 wrap up the soiled flour for disposal in the garbage. Thus there is no need to use soap and water for cleanup. The environmentalists want us to believe that once these plastic bags are released into the environment they will be there forever. But that is not true. The plastic loses its strength rapidly when it is exposed to the ultraviolet rays of the sun, so any bag that is loose in the environment will soon disintegrate. Keeping plastic bags out of the environment is no different than keeping any other trash out of the environment. One environmental impact of the banning of plastic bags would be the additional cost of the fuel needed to transport the much heavier paper bags to the stores and to haul the heavier kitchen waste to the landfill. The burning of this additional fuel would increase the discharge of carbon dioxide into the atmosphere, which the environmentalists argue is the cause of global warming. By far the largest economic impact of outlawing the use of plastic grocery bags would occur at the cash register at checkout. I estimate that giving up the use of the dispensers that open and hold the plastic bags ready to receive the groceries would literally double the time at the register for everyone. The merchants would need to hire many more employees and the cost would be passed along in higher food costs for everyone. Those depending on food stamps would receive even less to eat. Why was the community even considering banning plastic bags? Whatever the reason, it fades into insignificance when being compared to the environmental and economic benefits of continuing to use the plastic bags. July 31, 2012 Page 23 Southold Town Board Meeting Minutes They are the latest technology, they were developed to save money and natural resources and we cannot afford to not use them. And my second issue is about handicapped parking. I have some ideas to improve the handicapped parking in the community. When I go shopping by myself I really need to use the handicapped parking to prevent having to walk so far that I injure my hip. Many times I find that there are no handicapped parking spaces available where I want to shop. Now the number of handicapped parking spaces is determined by a code that does not take into account the demographics of the community, such as the relatively large number of elderly residents who qualify for handicapped parking permits in our community. I argue that there should be enough handicapped parking spaces available so that anyone who needs to use the handicapped parking can find a space in which to park. To accomplish this, I propose that the number of handicapped parking spaces be increased until there is almost always at least one handicapped parking space available. This new code would not require any increase in the total number of parking spaces but only in the number of parking spaces painted blue. Thus the cost would be minimal and any errors made in estimating the number can be corrected easily. It may be that the additional handicapped parking spaces can be provided in new locations that will serve the elderly population even more efficiently. So let the actual use of the handicapped parking spaces determine not only the number of spaces needed but the best location for those spaces. And finally when it snows, the availability of handicapped parking is even more important. Also the pathway between the handicapped parking and the entrance to the store should be cleared so that those using the handicapped parking don't slip and fall on the snow and ice. Instead, what I have observed year after year is that the contractor clearing the snow from the parking area piles it in the handicapped parking space, where it remains for weeks before I melts. I propose that a fine be levied on anyone who piles snow in or adjacent to a handicapped parking space. Thank you. SUPERVISOR RUSSELL: Thank you. Mr. Schriever, I just want to, can I just comment quickly on two things? MR. SCHRIEVER: Sure. SUPERVISOR RUSSELL: First, with regard to the handicapped parking, we are going to, I am going to ask the Board and I am sure they will agree, that we should send this to Planning Board for consideration and also the more important issue is how do we implement that? In other words, how do we bring these businesses in to comply? So that is something that the Planning Board can hopefully help us come up with a solution to but I think I speak for the Board when I say it certainly has a lot of merit. COUNCILMAN KRUPSKI: It really does, yes. SUPERVISOR RUSSELL: On the second issue of banning plastic garbage bags. Let me just clarify for everyone that the Town Board at no time proposed the banning of plastic garbage bags. What happened is we run an open agenda. If groups want to come before the Board, they are welcome to schedule themselves for an appointment. The local Audubon Society had asked to come before the Board to make a recommendation that we consider banning the use of plastic bags. The Town Board did not take any action that day. they had some nice things to say, some July 31, 2012 Page 24 Southold Town Board Meeting Minutes good things to say. I had participated in a joint meeting with the Village of Greenport just a few days after that where the business owners were on hand and all those concerns that you raised were all raised. And I think the results of the meeting in Greenport showed what you really need is if you are going to ask people to change habits, you can't do that through a legislative means, you need the citizens campaign for the environment. All the groups that were at the meeting in Greenport, they need to start getting the word out as to why people should look at reusable bags. Bags with handles that you can buy for a nominal fee. Also, plastic bags themselves are recyclable material and every supermarket is required to have a kiosk right there where they have to accept that. So they are part ofthe recycling environment just like plastic water bottles. What we found out from that meeting was there is some good points to be made about plastic bags and there are some negatives. Public discussion needs to take place before this Town Board ever considers such a ban. I do have to say there is a lot more public discussion that would need to take place and we asked those groups that are touting that to start going out doing that. That as citizen groups, that is the type of mission they should be on. Not for Town Board's to simply legislate away changing people's habits overnight. And the local businesses had some concerns similar to what you raised as well, no doubt. MR. SCHRIEVER: Yes, their competitive advantages would be lost (inaudible) SUPERVISOR RUSSELL: The owner of the IGA estimated that his annual sales costs increase just for the store in Greenport would be $60,000 if he had to go to paper and that doesn't even factor in the consumption of the diesel to deliver the bags to the store. But again, it is a good healthy discussion for the public to have before the Town Board considers action of any type. MR. SCHRIEVER: Inaudible. SUPERVISOR RUSSELL: I appreciate it. Thank you. COUNCILMAN KRUPSKI: Thank you. COUNCILMAN TALBOT: You had so many good examples of the use of the plastic bags, you were starting to sound like Forrest Gump and the shrimp farmers. SUPERVISOR RUSSELL: I would ask who else would like to come up? Please. Samantha Perry, Southold SAMANTHA PERRY: Samantha Perry from Southold. I just had a question, were you able to speak to Joe Gergela from the Farm Bureau about this? SUPERVISOR RUSSELL: I did talk to Joe, I brought these, I am just going to remind the Town Board that the (inaudible) association had met with me the evening after we passed what we call the super pooper scooper law, that would require the cleaning up of equine on town preserves etc and also I think there is a reference in there of horses as pets, that is group, those were the two main objections from what I remember from the discussion. MS. PERRY: Correct. July 31, 2012 Page 25 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I emailed all the concerns to the Board, I think we looked at it and you know, I just didn't see any sense that the Board felt that there was anything wrong with the legislation as drafted. And I did talk to Joe the other day, I am not sure that Joe made a compelling case to suggest that the law should be changed. MS. PERRY: Well, it is just that it is against the Farm Bureau's policy to classify horses, any kind, they are livestock. You can't just change their classification just because it fits into a legislation of a public property. They are known throughout the country as livestock to now change them as pets just because they are walking on public land, it just, you can't do that. It goes against Farm Bureau policy, it goes against everything that agriculture and livestock owners live by. COUNCILMAN KRUPSKI: Well, the issue I don't think is what you call them, the issue is you know where the waste ends up. MS. PERRY: Well, so then just classify them as livestock and not make them pets because once you start calling them pets it gets into a whole different realm of just everything. I mean, they are livestock, they are not pets. They are not dogs, they are not cats, they are livestock. And if you want to include them in the law which is a whole different argument but you need to identify them as livestock. SUPERVISOR RUSSELL: Well, you know, you raised those concerns with me and I listened to everything that you had to say. I just, I am not quite sure what the pitfalls are in referring to a domesticated animal as a pet. MS. PERRY: But they are not. They are not a pet. I mean, you know, just because their feet are on public land, you are going to call them a pet but then they are someplace else and they are livestock. I mean, that is like us going over to the casino or Shinnecock and over there we are going to be a native American but over here we are, I mean, it just doesn't make sense. They are what they are. They are livestock. They are not pets and you know the ag and market law as well as I do and it even says in there they are not to be classified as pets. And I know what you are saying because the ag and markets don't have anything to do with public law but .... SUPERVISOR RUSSELL: Ag and markets is meant to regulate lands in the ag districts. MS. PERRY: Right but they are identified as livestock. SUPERVISOR RUSSELL: And all of the tax provisions and all of the exemptions and all of the, they are all still in play whether this particular law refers to them as pets or not. This is a pooper scooper law. MS. PERRY: Well, what if that then starts setting a precedent for other towns or other things, oh well, look, Southold made them pets, well, okay then we can make them pets and then you get into the whole abuse thing, if they are classified as pets, I mean, if someone is abusing or July 31, 2012 Page 26 Southold Town Board Meeting Minutes neglecting a horse and they are classified as a pet, that gets to be a felony but if they are livestock it is not, so now you are integrating, I mean, you are just opening up a whole big. Why is it such a big deal to make them livestock? COUNCILMAN TALBOT: Does your association have any issue with the cleanup end of the law? MS. PERRY: Well, yeah, that is a safety thing for us as well, too. Because if we are going out on a trail and we are out there for however many miles, I mean, how are we logistically supposed to carry a bucket, a rake, you know, something, we are going to dismount, pick it up, then what do we do with it? we have to remount with all of this, that is getting us into... COUNCILMAN KRUPSKI: I think you need one of those plastic bags. MS. PERRY: Bring a plastic bag. COUNCILMAN KRUPSKI: Maybe two plastic bags. MS. PERRY: So that is like, an overly burdensome legislation on that end. So okay, we are out on the trail, the horse goes, half the time we don't even know when they are going because we are moving and they go as they move, so we are then supposed to go back to the trailer, load them up and walk back out 5 miles into a trail carrying a wheelbarrow to pick that, that's just....and fresh horse manure is 85 percent water, that is going to decompose in a day but we will tackle one issue at a time. Just classifying them as they are, I don't understand what the problem is. COUNCILMAN KRUPSKI: Well, Louisa suggested calling them horses instead of pets or livestock. Would that be objectionable? SUPERVISOR RUSSELL: You would have to change the code and we would have to change definition of domesticated animal. TOWN ATTORNEY FINNEGAN: Inaudible. COUNCILMAN KRUPSKI: Well, a start... TOWN ATTORNEY FINNEGAN: Inaudible. COUNCILMAN KRUPSKI: No but as a start you could look at the different management plans for the different town properties and make sure they are not referred to as pets there. MS. PERRY: Right, they are livestock, everyplace else they are referred to as livestock. July 31, 2012 Page 27 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: But we have management plans for each town preserve. We could go through those to make sure they are classified properly and that wouldn't require a code change. MS. PERRY: Okay. COUNCILMAN KRUPSKI: So we could just do that. MS. PERRY: Yes, just if they .... SUPERVISOR RUSSELL: Inaudible. MS. PERRY: Throughout the nation, throughout the state they are livestock, they are not pets. COUNCILMAN KRUPSKI: I will bring that up to the Land Preservation Committee who does a lot of the stewardship work on the town preserves. MS. PERRY: Thank you. I appreciate looking into it further. When you start, horses are a big part of the town, there are a lot of people, there are a lot of horses here. When you start introducing, anything that has to do with horses, you need to talk to someone who has horses to see what the impact would have been. SUPERVISOR RUSSELL: Okay, but you know what? You raised that .... MS. PERRY: I know and you said .... SUPERVISOR RUSSELL: Let me point out, that was a well covered piece of legislation, that was in the paper long before we ever voted on it. it was, in fact, wasn't one of your animals featured in the photo ad, that the Suffolk Times ran? MS. PERRY: Yeah, one of ours, yeah. SUPERVISOR RUSSELL: So it wasn't like, the Town Board makes an effort to reach out so the public knows about everything we are doing long before we actually do it. that story appeared 30 days before we even voted on that law. MS. PERRY: Alright, well, now you know me, so you can call me if you have anything that has to do with anything, horses, livestock, any of that. Just to see like what we know, what we feel, because we live this every day. how is that going to impact us? Nobody would ever think about, oh, just picking up horse manure on a trail, what difference does that make? But there are other logistics that go with it. SUPERVISOR RUSSELL: Look, there are two issues. Does the Town Board want to revisit the issue of domesticated animal and add livestock? That would require a code amendment and new public hearing. July 31, 2012 Page 28 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Why don't we just start with looking at all the management plans and see what they say first? SUPERVISOR RUSSELL: And then the second issue was the cleanup. I have to say that was the harder sell for the Board because of what we are trying to get done with this MS 4 compliance. MS. PERRY: No, I understand that. I mean, even if you could, we would be okay with, if you worded it somehow that we cleanup you know, parking areas and trailheads, anything that is feasible or, it would be a liability too, to have us have to dismount, try to get back on, what if the horse runs away? What if something happens, we are carrying all these tools. I mean, you want us to use the land, the land in Southold Town, we live in Southold Town, you are going to make it impossible for us to use it. and any towns that follow suit, too. They can look, oh look, Southold Town is being horse friendly .... SUPERVISOR RUSSELL: What you need to, and in again, this didn't focus on horses. In fact, it was quite the opposite. It broadened so that all animals on town land would be, in fact, we had legislation that would require you to pick up after your dog. We simply with this legislation expanded the inventory so everybody with animals on public space had to pick up after them because, and I explained to you, that federal law is enforced at the state level. MS. PERRY: ! totally get it. SUPERVISOR RUSSELL: I mean, I never ran for office saying vote for me, I will pass the pooper scooper law. The federal government said guess what? You have got to pass a pooper scooper law. MS. PERRY: No, I know. It has got wildlife in there and I mean, how are you going to clean up after the, you have got deer management. I understand all that but it is just a burdensome thing for us to have to and you are going to make it impossible for us to enjoy the town and the property, if that goes into place. If we could maybe just amend it or change something to trailheads, parking areas or where feasible to pick it up or I don't know however the legal jargon goes but .... COUNCILMAN TALBOT: We don't have anybody on horseback following you. MS. PERRY: True. SUPERVISOR RUSSELL: As you mentioned, so the rest of the public is, we didn't pass this legislation because we perceived a problem, in fact, generally speaking the horse riders, Rocky, the whole group. They are all very attentive. Parades, everything, they do more than we have asked. They have been very good. We passed this legislation because the federal government and it being enforced through the DEC, is requiring stormwater mitigation and that is all sources of pollution, nitrogen loading, all of those things. It isn't just about horses, it isn't just about July 31, 2012 Page 29 Southold Town Board Meeting Minutes dogs, it is also about people. It is about all of that. and the new pooper scooper law was meant to be larger and broader so that we can start complying with federal requirements enforced at the state level. It wasn't because we had a bunch of irresponsible horse owners running around. It had nothing to do with it at all. MS. PERRY: No, I understand that. SUPERVISOR RUSSELL: We will take it back to the Board. MS. PERRY: Alright. Thank you for the consideration. Thank you. SUPERVISOR RUSSELL: Who would also like to address the Town Board? Marie? Marie Domenici MARIE DOMENICI: Marie Domenici, Mattituck. I am speaking to you tonight about this particular issue because it was so unnerving and I wanted to share it with you and kind of heighten awareness to some degree if you are not familiar with this. In the Suffolk Times July 26 on page 25 A where they post the legal notices and they posted this legal notice for pesticide application for mosquito control by Orient Mosquito district from May 1 to October 31 of this year and then they proceeded to identify the types of pesticides they were going to use to control these bugs. It kind of spurred my curiosity and I went and looked up these various pesticides and I am shocked and appalled at what kind of contamination effects they have. This one particular material is called vectolex cg and the ingredients is withheld as a trade secret, so we don't even know what they are spraying over there, okay? So that was very disconcerting on that front. It talks about, all of these pesticides that they talk about have first aid measures and if you read first aid measures you know, for eyes, flush with copious amounts of water, if irritation persist or signs of toxicity occur seek medical attention immediately, the same thing talked about skin, ingestion, inhalation, and that was just for one of the ingredients that they are using. Now there is another one that they are using called scourge, just the name alone is kind of scary. And ecologically it is harmful to trout, shrimp and marine life. And the label warns the product is toxic to fish and birds, do not apply to lakes, streams or ponds. So here we are having, you know, we are trying to get rid of mosquitoes and ticks but by the same token we are putting everybody at risk for breathing this in, ingesting it, having it fall into the lakes and streams and it is very disconcerting that we can just go ahead and spray because that is what we do. And I am not saying the town is doing it, I realize that is a separate organization, I believe the DEC handles that but there are so many things that are so, you know the contradictions are so great it makes you wonder why Suffolk County has the high rate of breast cancer or any type of cancer for that matter. When I was a kid, your dog died one of two ways, it got hit by a car or it died of old age. Today there are vets that are oncologists and there, you know, there is every kind of doctor that humans have that animals have. My next door neighbor's dog died of stage IV lung cancer. Someone explain that to me. That is a rhetorical question. But if I were to say to you, I am going to have a barbecue and I am going to have (inaudible) parmesan, I don't think you guys would want to come and eat that. it is frightening. COUNCILMAN TALBOT: The mosquitoes might not come over either. July 31, 2012 Page 30 Southold Town Board Meeting Minutes MS. DOMENICI: No. But here is the thing, and listen, I don't ..... COUNCILMAN TALBOT: Marie, those are the same, I am sure they came down from the county, it is the same product that the county uses. MS. DOMENICI: Yes. COUNCILMAN TALBOT: It is the latest thing that is out there, well, not the latest but I am sure the most safe that it can possibly be. MS. DOMENICI: When you say these pesticides and safe, that is an oxymoron. It is not safe. Okay? I mean ifI came by and sprayed all of your houses, you would be after me. But the point being, this is something that really needs to raise our awareness and we wonder why there is red tide and the Mattituck inlet is closed and fish are dying in droves, I mean, this is just something that we should have some awareness about and maybe talk to the DEC about alternatives. SUPERVISOR RUSSELL: Let me just explain, the Orient mosquito district is actually a relic. It is one of the last of the special districts that does their own mosquito spraying. MS. DOMENICI: We have got to get rid of them. SUPERVISOR RUSSELL: The rest of Southold Town is under the county's vector control. So Suffolk County, all of what they do in Orient is no different than what Suffolk County does under the direction of Suffolk County Department of Health. It also has the oversight of the DEC and the EPA. So any products that are used, have already been signed off on federal and state levels. MS. DOMENICI: I understand. SUPERVISOR RUSSELL: I hear what you are saying but there is an issue that is going to be much larger than vector control. Vector control controls mosquitoes. I was at a meeting last week, a community property meeting and there was about 100 people there and I asked them how many people have been affected by West Nile virus? Two hands went up. I asked how many people have been affected by babesiosis or Lyme disease? And almost every hand went up. So what we are asking the county to do, through a new task force that Legislator Romaine put together was trying to get a handle on the epidemic of tick borne diseases. Sooner or later we are going to have to start discussing whether the vector control's focus on mosquitoes is the right thing or the wrong thing, at a time where the epidemic seems to be elsewhere. MS. DOMENICI: Well, listen, I am not a rocket scientist here and I mean, maybe we should use maybe Shelter Island as an example and you know, bats and guinea hens love ticks and mosquitoes. Instead of spraying ourselves with chemicals that are going to kill the bats, the ticks, the guinea hens, the people and here you know, we just had this discussion about horse poop, are you kidding me? At this point, nobody died of horse poop poisoning. But you all have people that will die of this disease and you won't even know it because there is nobody July 31, 2012 Page 31 Southold Town Board Meeting Minutes minding the store as it relates to, you know, polluting the environment because we have to get rid of ticks and mosquitoes. And I am not saying we shouldn't, we have to, I agree but let's look at some alternative options and do a test in some areas, say we put 1,000,000 guinea hens over here, all of them are gone, you know, all the ticks and fleas are gone, life goes on. But this is, should not be the only option. This should not be it. SUPERVISOR RUSSELL: You know, I can hear your concerns. Let me just clarify, the vector control is mosquitoes only. None of those products are effective against treating ticks. That is the untreated epidemic in Southold Town. Just so you know. MS. DOMENICI: Okay, so the guinea hens and the bats will take care of both the ticks and the mosquitoes. And then when we talk about mosquitoes and we have the puddle that I keep talking about at the park, outside of Aldrich Lane. There has been a puddle there for 10 years, you want to talk about West Nile? Have we fixed that yet? Have we looked at that? SUPERVISOR RUSSELL: Fair point. COUNCILMAN KRUPSKI: You don't want us to come down and spray it, do you? MS. DOMENICI: I think you should spray it. spray it while the kids are on it, so that you make sure everybody is covered. So anyway, I bring this before you just to heighten your awareness, to see if there is some other alternative, it can't always be about pesticides being the cure because it is not the cure. It really isn't. Not for our environment, not for our waterways, not for our fish and certainly not for the people who pay taxes. SUPERVISOR RUSSELL: The new task force, what is nice about Legislator Romaine putting this together is he has access to health care professionals through the Department of Public Health, also through universities. He is putting a broad group together so they can talk about all these issues and maybe the issue is, what is the crisis and how are we treating the crisis and is it even an effective way of treating the crisis? So all of those things should fall under the scope of that particular group but certainly seems like a valid discussion that we can certainly pass along to Legislator Romaine for you. COUNCILMAN KRUPSKI: And I am sure he will have access to Comell Cooperative Extension, who doesn't recommend spraying right off the bat, they are going to look at any kind of alternatives. MS. DOMENICI: I will buy the bats and give them as a gift to whoever wants them. COUNCILMAN TALBOT: On Farmveu there, get 150 guinea hens, you can keep a few. You know, you have to clean up after them. And the bats .... MS. DOMENICI: Well, we will have to pick up after the guinea hens and the horses because that is going to .... July 31, 2012 Page 32 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: Inaudible....fence in that whole neighborhood, that used to be on the farm there, a beautiful farm that I worked on as a kid that is filled with houses now, things change. MS. DOMENICI: Well, you know how we all like to spray pesticides and put pesticides on .... COUNCILMAN TALBOT: We used to ride behind the county truck when it went by the house when we were kids. MS. DOMENICI: Well, that explains it. COUNCILMAN TALBOT: I know, it would. MS. DOMENICI: Okay, thank you so much for your time and I just hope that we can make a small effort to do something in the right direction for all of us. COUNCILMAN TALBOT: It seems like we are all going to have to move out of here and let wildlife just take over everything. MS. DOMENICI: I am moving to Manhattan. Okay, thank you very much. COUNCILMAN KRUPSKI: He said wildlife, not night life Marie. Supervisor Russell SUPERVISOR RUSSELL: Who else would 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 8:23 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Southold Town Clerk Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell