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HomeMy WebLinkAboutTB-11/07/2012ELIZABETH 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 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown, northfork.net MINUTES November 7, 2012 7:01 PM A Regular Meeting of the Southold Town Board was held Wednesday, November 7, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:01 PM with the Pledge of Allegiance to the Flag. Call to Order 7:01 PM Meeting called to order on November 7, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. A~ ndee Name Orgamzation Title Status i Ar~ved William Ruland Town of Southold Christopher Talbot Town of Southold Jill Doherty Town of Southold A!bert Krupski ~!r: T0~n 0(S0!~h01d Louisa P. Evans Town of Southold Scott Russell Town of Southold Elizabeth A. Neville Town of Southold Martin D. Finnegan Town of Southold Councilman Present Councilman Present Councilwoman Present Councilman Present Justice Present superVisor Present Town Clerk Present Town Attorney Present I. Reports Special Projects Coordinator Land Tracking Budget Report 4. Solid Waste District November 7, 2012 Page 2 Southold Town Board Meeting Minutes 11. Public Notices IlL Communications IV. Discussion 1. 9:00 - Peter Harris and Michael Collins 2. 9:15 - Peter Harris 3. 9:30 - Heather Lanza 4. 9:45 - Mark Terry, Planning Dept. 5. Road Closure Notification Per Councilwoman Doherty 6. LL/Amendments to Chapter 83, Pet & Livestock Waste (Set for Public Hearing) 7. Advertisement for Fishers Island Planning Board Member 8. Yellow Bag Fees for 2013 9. Waiver of Tipping Fees for Storm Debris 10. Waiver of Tipping Fees for Storm Related C & D 11. Waiver of Building Dept. Permit Fees for Storm Related Damage 12. Town-Wide Fall Clean-Up for Brush and Leaves 13. Post-Storm Related Misc. Discussion 14. Executive Session - Labor 15. Executive Session - Litigation Motion To: Motion to enter into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Dohcrty, Krupski Jr., Evans, Russell ENTER EXECUTIVE SESSION On Motion by Justice Louisa Evans, seconded by Councilman William Ruland, it was RESOLVED that the Town Board of the Town of Southold hereby enters into Executive November 7, 2012 Page 3 Southold Town Board Meeting Minutes Session at 11:02 AM for the purpose of discussing the following items: The employment history of a particular person and matters leading to that person's resignation from the Custodial Staff of the Department of Public Works; Collective bargaining negotiations necessary to formulate strategy regarding CSEA Union; Pending and current litigation strategy concerning the following matters: Town of southold vs. Rose's Vineyard, LLC & Joseph Paul Winery, Inc. d/b/a Vineyard 48; Town of Southold vs. Go Green Sanitation, Inc., et al; Stankevich vs. the Town of Southold; Village of Greenport and Kace LI LLC vs. Town of Southold, et al. Motion To: Motion to exit from Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell EXIT EXECUTIVE SESSION On motion by Councilman William Ruland, seconded by Councilwoman Jill Doherty, it was RESOLVED that the Town Board of the Town of Southold hereby Exits from this Executive Session at 1:37 PM. Resolution Number 2012 - 825 was placed on the agenda as a result of this Executive Session. Motion To: Motion to Recess at 1:37PM to Reconvene at 4:00 PM On motion by Councilman William Ruland, seconded by Councilwoman Jill Doherty, it was RESOLVED that this 9:00AM meeting of the Southold Town Board be Recessed at 1:37 PM until 4:00PM. at which time a public hearing will be held on the 2013 Preliminary town Budget and Capital Budget. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Motion to reconvene at 4:00PM for PH 2013 Budget On motion by Councilman Ruland, seconded by Councilman Krupski, it was RESOLVED that the 9:00AM meeting of the Southold Town Board is hereby reconvened at 4:00PM for the purpose of holding a public hearing on the 2013 Town Budget and Capital Budget. November 7, 2012 Page 4 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell Motion To: Motion to Recess at 4:11 PM to Reconvene at 7:00PM On motion by Justice Evans, seconded by Councilman Krupski, it was RESOLVED that this meeting of the Town Board of the Town of Southold is hereby recessed at 4:11PM to be reconvened at 7:00 PM this evening. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell Pledge to the Flag Motion To: Motion to Reconvene at 7:00 PM On motion by Councilman Ruland, seconded by Councilman Krupski, it was RESOLVED that this meeting of the Southold Town Board which was recessed at 4:11PM is hereby reconvened at 7:00 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Motion to recess to Public Heating RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:08 PM in order to hold the public hearing on the 2013 Town Budget and Capital Budget RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Supervisor Scott A. Russell SUPERVISOR RUSSELL: That concludes the budget heatings. With that being out of the way, what I would ask now if anybody would like to comment on any of the agenda items? Okay. So what we will do is we will get the business of the agenda out of the way, then we will go to the public heating. (There was no response.) November 7, 2012 Page 5 Southold Town Board Meeting Minutes Motion To: Motion to Close Budget Heating On motion by Justice Evans, seconded by councilman Krupski, it was RESOLVED that the Town Board of the Town of Southold hereby declares this public heating on the 2013 Town Budget and Capital Budget Closed at 7:10PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell V. Resolutions 2012-812 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 November 7. 2012. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter v~ [] ~ [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albe~t Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover [] [] [3'-'~ [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-813 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 11/20/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesda¥~ November 20~ 2012 at the Southold Town Hall, Southold~ New York at 4:30 P. November 7, 2012 Page 6 Southold Town Board Meeting Minutes Vote Re~ord ? R~lution RES-2012~813 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [3 Tabled William Ruland Voter gl [] [] El [] Withdrawn Chrlstopher Talbot seConder ~ [] [] 13 [] Supervisor's Appt Jill Doherty Voter [] [] [] ~ [] [] Tax Receiver's Appt Albert lQupski Jr. Voter ~ V1 VI ~ [] Rescinded Louisa P. Evans Mover 1~ [] [] [] Town Clerk's Appt Scott Russell Mover [~ ~ [] [] [] Supt Hgwys Appt ~ [] No Action 2012-807 Tabled 10/23/2012 7.'30 PM CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Integrated Wireless Technologies RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Integrated Wireless Technologies LLC's Proposal dated October 18, 2012, and any other documents required for the purchase and installation of a Radio Communications System that will provide for Town-wide repeated talk channel for interoperability and mutual aid communications between the Fire Districts and Town entities, at a cost not to exceed $60,668.06, subject to the approval of the Town Attorney. vote Record ~ Resolution RE~-2012-807 ' ' [] Adopted [] Adopted as Amended D Defeated Yes/Aye No/Nay Abstain Absent 2012-814 CA TE GOR Y: Attend Seminar November 7, 2012 Page 7 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Attend Seminar - Assessor RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assessor Darlene Duffy to attend an Ethics Class required by New York State on November 16, 2012 in Hudson, NY. All expenses for lodging, travel, and meals to be a legal charge against the Assessors 2012 budset. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheriy Voter [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] Town Clerk's Appt Scott Russell ' Voter [] Fl [] [] [] Supt Hgwys Appt [] No Action 2012-815 CA TEGOR Y: Authorize to Bid DEPARTMENT: Town Clerk Bid on Used Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus: Polaroid Identification Data and Imaging: · Camera Serial # A7020B Asset #2334 · Laminator Serial it H7070B be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise for sale of same. Vote Record - Resolution RES-2012=815 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] F1 [] Defeated Christopher Talbot Voter [] [] [] Fl [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Mover [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter I~l [] [] [] November 7, 2012 Page 8 Southold Town Board Meeting Minutes [] Tax Receiver's Appt Scott Russell Voter [] [] [ [] [] [] Re~cinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-816 CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for FI Planning Board Member RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Fishers Island Planning Board member. [~ Adopted [] Supervisor's Appt Jill Doherty Voter [] Town Clerk's Appt Scott Russell Voter 2012-817 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint Marshall Henderson Smith Part Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby amends resolution TBR-795 adopted October 23, 2012 and ratifies and approves the resolution of the Fisher Island Ferry District adopted October 15,2012 that appointed Marshall Henderson Smith to the position of part time deckhand. ,t' Vote Record = Resolution RES-2012~817 [] Adopted I-- Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [3 [3 ' [] [] Defeated Christopher Talbot Mover [] [] [] ~ November 7, 2012 Page 9 Southold Town Board Meeting Minutes [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supemisor's Appt Louisa P. Evans Seconder [] [] I [] [] [] Tax Receiver's Appt Scott Russell Mover ~ Fl I1 [] [] [] Rescinded [] Town Clexk's Appt [] Supt Hgwys Appt [] No Action 2012-818 C.4TEGORY: DEPARTMENT: Budget Modification Town Clerk Establish 2012 Capital Budget for Record Restoration Financial Impact: 2012 Capital Budget to Restore Early Town Records RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2012 Capital Budget: Capital Project Name: Restore Earl,/Town Records Transfer from General Fund Whole Town Financing Method: Budget: Revenues: H.5031.36 Appropriations: H. 1460.2.400.200 Interfund Transfers Restore Early Town Records $5,500. Records Management Capital Outlay Contracted Services Restore Early Town Records $5,500. ~' Yore ReCord - Resolution RES-2012-818 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Mover [] [] [] [] [] Tax Receiver's Appt Albe~t Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evan~ Voter E] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ' ~ [] No Action November 7, 2012 Page 10 Southold Town Board Meeting Minutes 2012-819 CATEGOR~ DEPARTMENT: Re.nd PlanningBoard Return Fee Financial Impact: Resolved that the Town Board of the Town of Southold hereby refunds the Preliminary Plat subdivision application fee of $4,000 received by the Planning Board on September 13, 2012 to the a William Baxter. This previously. 1~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] [] [] [] [] Withdrawn Christopher Talbot Voter [] ~ [] [] ~ [] [] Supervisors Appt Jill Doherty Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] I-1 Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] ~ [] [] ~ [] Supt Hgwys Appt [] No Action 2012-820 CATEGORY: DEPARTMENT: Public Service Town Attorney Waive Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby waives building permits fees for any repairs or construction, that in the sole discretion of the Building Inspector, are determined to be related to Superstorm Sandy, until December 4, 2012 Vote Record - Resolution RE~.2012-82~ [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [3 Defeated William Ruland Voter [] [] [] [] [] Tabled Christopher Talbot Voter [] [] [] : [] [] Withdrawn Jill Doherly :Seconder : [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Mover [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] November 7, 2012 Page 11 Southold Town Board Meeting Minutes [] Town Clerk's Appt [] Sup~ Hgwys Appt [21 No Action Comments regarding resolution 820 COUNCILMAN KRUPSKI: I will vote aye and we were going to put a date on that to limit the amount of time that you would have that discretion and we failed to do so. I think maybe we can take it up in two weeks and talk to the building inspector and see how that is going, can we do that? COUNCILWOMAN DOHERTY: We had a date of December 4th we were going to put on there. SUPERVISOR RUSSELL'. Can we j'ust amend the resolution to include thatg. 2012-821 CATEGORY: DEPARTMENT: Public Service Town Attorney Waive TipFees RESOLVED that the Town Board of the Town of Southold hereby waives tipping fees for disposal of storm related yard, household and construction/demolition debris only, until December 4, 2012. ,r' ¥ot~ ReCOrd - Re~olution RE8-2012;8/i [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland : ~ote~ ~ [] E] [] [] Withdrawn Chr/stopher Talbot Seconder I'~l~ [] [] [] [] Super~isor's Appt Jill Doherty Voter [] [] 13 [] [] Tax Receiver's Appt Aibeit Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ ~ []~ [] [] Supt Hgwys Appt [] No Action 2012-822 CA TEGOR Y: Seqra DEPARTMENT: Town Attorney November 7, 2012 Page 12 Southold Town Board Meeting Minutes SEQRA LL: Amendments to Chapter 83 RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 83~ Animals, in connection with Pet and Livestock Waste" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. [] Adopted [] Adopted as Amended [] Defeated : Ye~/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Chhstopher Talbot Mover El [] [] [] [] Supervisor's Appt Jill Deherty Voter El [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] ~ :: F1 [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] i [] [] i [] [] Supt Hgwys Appt [] No Action 2012-823 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorize Supervisor to Sign Contract with Weston & Sampson CMR, Inc. for Maintenance qf Fl Pumpout Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Weston & Sampson CMR~ Inc. and the Town of Southold for the maintenance of the Fishers Island Pump Station for a total of two visits at a total contract price of $2,174.00 for 2013, subject to the approval of the Town Attorney. ~' Vote Ree0rd. Res01ati0n RES-2012-S23 : El Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Mover : [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] i [] Rescinded Scott Russell Voter [] [] [] [] , [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action November 7, 2012 Page 13 Southold Town Board Meeting Minutes L ] I 2012-824 CATEGORY: DEPARTMENT: Authorize Payment Town Attorney Authorize Payment to Lathem Sand & Gravel RESOLVED that the Town Board of the Town of Southold hereby authorizes a payment to Latham Sand & Gravel, Inc. in the sum of $2,767.50 in connection with grading of sand at Town Beach following Superstorm Sandy which was necessary to protect the beach and parking area fi.om further damage (to be a lesal charge to A. 1620.4.400.200). [] Adopted Albert Krupski Jr. Seconder [] [] [] [] 2012-825 CA TEGOR Y: DEPARTMENT: Employment - Town Public Works DPW Employee Resignation RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Michael Hubbard fi.om the position of Custodial Worker I in the Department of Public Works, effective November 7, 2012. · ~' Vote Record - Resolution RES-2012-825 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Christopher Talbot Voter [] FI [] [] [] Tabled Jill Dohefly Voter [] [] [] [] [] Withdrawn Albert Krapski Jr. Mover [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] t [] [] [] [] Tax Receiver's Appt Scott Russell Votm' [] [] ~ [] [] November 7, 2012 Page 14 Southold Town Board Meeting Minutes [] Rescinded [] Town Clerk's Appt [3 Supt Hgwys Appt [] No Action 2012-826 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL Re: Chapter 83 WHEREAS, there had bee~nthPresented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9 day of October, 2012, a Local Law entitled "A Local Law m relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" that reads as follows: LOCAL LAW NO. 13 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to protect the health, safety and welfare of the community and to clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock Waste November 7, 2012 Page 15 Southold Town Board Meeting Minutes §83-27. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter. Domestic pets include, but are not limited to, dogs, and cats. ~' ......... :-~ ~,l ....... ~ .~,~ DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock to soil, defile, or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach, park, preserve or any other public or Town-owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are removed by said person in a sanitary manner and then sealed and deposited in a garbage container or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ,r Vote Record - Resolution RES-2012-826 [] Adopted [ Yes/nye No/Nay Abstain Absent [] Adopted as Amended ~ William Ruland Seconder [] 13 Fl [] [ [] Detbated [ ChristopherTalbot Voter ~ [] F1 [] November 7, 2012 Page 16 Southold Town Board Meeting Minutes [] Supetwisor's Appt Louisa P. Evans Voter 1~ [] rl [] [] Tax Receiver's Appt Scott Russell Voter [] i FI [] Fl 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 at at 7:08 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell 11/7/12 PH ~ 7:02 PM LL/Pet & Livestock Waste COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of October, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of November, 2012, at 7:02 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to protect the health, safety and welfare of the community and to clarify the distinction between domestic pet (animal) and domestic livestock. This November 7, 2012 Page 17 Southold Town Board Meeting Minutes Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock Waste §83-27. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter. Domestic pets include, but are not limited to, dogs, and cats.., ~zr:ca, awine, ~.c:'&eys, an~ g.~ats. DOMESTIC LIVESTOCK - Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock to soil, defile, or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach, park, preserve or any other public or Town-owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container or disposed of in a manner consistent with the Town of Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. November 7, 2012 Page 18 Southold Town Board Meeting Minutes 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 October 25, 2012 in the Suffolk Times and it was posted on the Town Clerk's bulletin board on October 10, 2012. I have some correspondence here, one is from Donald Wilcenski, chairman of the Planning Board. "Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the adoption of this legislation." From Mark Terry, principal planner and LWRP coordinator, "The proposed action has been reviewed to the New York State Department of Environmental Conservation regulation 6 NYCCRR part 617 state environmental quality review and it is my determination that pursuant to part 617.5 C 27, the action as proposed is a type II action and therefore not subject to SEQRA review." I have a letter from Mark Terry, LWRP coordinator, "The proposed legislation has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold, LWRP policy standards. Based upon the information provided to this department as well as records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP." And from Chief Planner, Sara Lansdale Director of Planning and Andrew Freleng, Chief Planner Suffolk County, "Pursuant to the requirements of sections A 14-14 through A 14-25 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant county wide or inter-community impacts and a decision of local determination should not be construed as either an approval or a disapproval." That is it. SUPERVISOR RUSSELL: I am going to ask if there is anyone who would like to come up and address the Town Board on this particular local law? SAMANTHA PERRY: Samantha Perry, Southold. We have all been through this a bunch of different times and we are having a big issue with the wording, now the wording in there is you are requiring us to immediately remove any manure on any kind of public land including roadways, so that right there poses a huge safety risk for any of us riding. And I know you guys are bouncing back to the MS 4 requirement and I don't know and I can't find anywhere in there where it says that you need to require us to remove any kind of livestock manure. So if you can maybe tell me where that state it? I got correspondence from the EPA and they said yes, that it was up to the town to impose, "The town has the ability to decide what specific practices are necessary to meet the requirements of the permit" but I was wondering where within that whole document of permits says that livestock waste has to be removed anyway. Because I couldn't find it. SUPERVISOR RUSSELL: She wants to know what is compelling us under the MS 4 to even require removal of pet waste. MS. PERRY: Well, 1 understand pet waste .... November 7, 2012 Page 19 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We have an ongoing relationship with the DEC, the people who are in charge of.... MS. PERRY: I understand the pet waste because I found where it says pet waste but now it doesn't have any, now that we have established that horses are livestock. SUPERVISOR RUSSELL: That's really where we are going? MS. PERRY: Well .... SUPERVISOR RUSSELL: We just changed this code for you, despite the fact that we published... MS. PERRY: But now you are saying that we have to do it immediately. SUPERVISOR RUSSELL: But, no, no, no or disposed of in a manner consistent with the Town of Southold's management plan. We culled that out so you can go to Laurel Lake and if you look at the management plan, there are areas where you have no requirements to remove it at all. That's why there is the or in that. I am going to ask the Board to help clarify. I believe that, the genesis of this was to say that if you are on a trail that is not near that sensitive eco-system, there is no requirement to remove it at all. That is why we referred to the management plan. COUNCILMAN TALBOT: I am reading it here, it is underlined, this was added. "Or disposed of in a manner consistent with the Town of Southold's management plan for the particular publicly owned property." MS. PERRY: Okay, so we are riding down the road, what is the management plan for the public road? SUPERVISOR RUSSELL: Okay, that would be, that would require the removal. Now is the wording too draconian, in other words, is it the immediate, is that the concern? MS. PERRY: Yes. SUPERVISOR RUSSELL: Or the removal at all? MS. PERRY: Well, immediate is a problem. A big problem because it just doesn't work. You know, yeah. On a trail or on a road. SUPERVISOR RUSSELL: Can we change the language to simply say, unless all feces are removed in a timely fashion by said person in a sanitary manner? Would that suffice? MS. PERRY: That would help. Well .... November 7, 2012 Page 20 Southold Town Board Meeting Minutes TOWN ATTORNEY FINNEGAN: When would you propose to remove it? I mean, I guess that is the confusion here. SUPERVISOR RUSSELL: Timely seems to be ambiguous enough to give you, you know the word immediately would be stricken. MS. PERRY: Yes, that is a big issue. SUPERVISOR RUSSELL: Well, then I just tried to address it and I am not going to throw things in the dark here. You give me specific language that works then. If the timely removal doesn't work, what does? MS. PERRY: Anybody else have any ideas? I am good then. SUPERVISOR RUSSELL: Any other issues? VITO DIVELLO: Good evening. Rocky DiVello, Mattituck. I believe, our concerns are mostly safety concerns. The matter of dismounting as you are riding, it is much easier and safer to come back later on which we do, and clean up after ourselves. I have gone back an hour later and cleaned up with my pickup track. But to dismount on a public road and try to do this and then handle livestock and keep him tied safely and all of that, you can just visualize what kind of situation would arise. SUPERVISOR RUSSELL: Sure. MR. D1VELLO: That is my concern and I believe it is the concern of most of our group. COUNCILWOMAN DOHERTY: I think Supervisor Russell, excuse me for interrupting but I think when he said timely, you can ride and then come back. MR. DIVELLO: Yes, that kind of gives you a little leeway, when you are done riding to come back and cleanup. If you notice our group, we are very responsible in parades and everything, we always clean up after ourselves, even before it was a regulation. We have always done that, just being a good neighbor and trying to keep everybody happy pretty much. But that is really our, I believe, isn't that our concem? About safety, for everyone. TOWN ATTORNEY FINNEGAN: But I think the point has to be made the law isn't necessarily drafted to go chasing after people like your group who are responsible, it has to be... MR. DIVELLO: I understand, you can't paint everyone with one brush. TOWN ATTORNEY FINNEGAN: ...maybe are just going to ignore this problem and we are mandated under MS 4 and I can't quote you chapter and verse as I sit here but we are required to deal with this type of waste going into stormwater runoff. So there has to be a way to deal with it. certainly the intent of the law is not to compromise anyone's safety, it is to deal with waste. I November 7, 2012 Page 21 Southold Town Board Meeting Minutes know for myself where I live, people come through on Halloween and ride their horses through and they don't come back immediately or otherwise to pick up so it does occur where people .... MR. DIVELLO: I understand. TOWN ATTORNEY FINNEGAN: They could make a modification to the issue of the timeliness of it, I don't think is a major substantive change here that we would have to re-notice this for a third time because....but this is probably going to be it for the Town Board in terms of addressing this law because it has to be done. MR. DIVELLO: The other matter is, we do appreciate, 1 mean, how do you go three or four miles back in the woods and cleanup way back in the woods? In environmentally safe, sensitive areas I understand what you are saying. COUNCILMAN KRUPSKI: There might be places that are marked at some point in a preserve where it is really going to be a no discharge zone but for the most part, you would think most of the preserves would be a natural state and you wouldn't have to worry about it. MR. D1VELLO: I mean, I can see parking lots and roads and things like that, where people are. COUNCILMAN KRUPSKI: But as far as, how about if we just take 'immediately' out of it completely? Just be removed. COUNCILMAN TALBOT: It shall be a violation of this section unless all feces are removed by said person in a sanitary manner and then sealed and deposited in a garbage container. COUNCILMAN KRUPSKI: Right. COUNCILMAN TALBOT: It covers the same purpose here, it is being removed. It is not saying immediately and it would be right in line with what you are doing. SUPERVISOR RUSSELL: Can I get a consensus? If we just remove that. COUNCILMAN KRUPSKI: Just remove the word immediately. SUPERVISOR RUSSELL: Just remove the word immediately. MR. DIVELLO: Is that okay with everybody? COUNCILMAN TALBOT: It still says remove it. It is still addressing the problem. UNIDENTIFIED: Inaudible comments. COUNCILMAN KRUPSKI: No, no. it might not be an issue. It depends on the management plan for each town property. November 7, 2012 Page 22 Southold Town Board Meeting Minutes MR. DIVELLO: Likeifyou are near the lake or something like that. COUNCILMAN KRUPSKI: Right. You are in a gully by the lake, you don't want it washing right into it but if you are not .... MR. DIVELLO: I think that is fair. COUNCILMAN TALBOT: I think it will work and it addresses your concerns. UNIDENTIFIED: Inaudible comments from audience. COUNCILMAN TALBOT: Right, this will work. MR. DIVELLO: It works for me. My issue is the safety issue and just, I mean I just can't picture horses with giant diapers on, it just doesn't .... SUPERVISOR RUSSELL: We are not suggesting that, we are actually looking for the language that is going to meet your needs tonight. MR. DIVELLO: Okay. Well, that's my issue and .... SUPERVISOR RUSSELL: So we are striking the word immediately. Is there a consensus on that? MR. DIVELLO: Yes. That's it for me. SUPERVISOR RUSSELL: Would anybody else like to address us on this? Anymore before we close this? Because I just want to get through the rest of my term without talking about this issue at all. (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Before I go to the open mic portion. Clarification on the resolution that is waiving fees at the landfill. Would that have a retroactive effect for the people that have already paid? To be able to reimburse those people who have brought storm related debris to the landfill? TOWN ATTORNEY FINNEGAN: Not automatically but you could make it retroactive if you, I mean, make it effective the date of storm and it will. If you wanted to amend it... November 7, 2012 Page 23 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Well, the solid waste district has no ability to give refunds. They would have to come back to the Board anyway, so what I would ask people, what we did is we are trying to help the community as best we can after a very bad storm, so we have more or less waived fees at the landfill. The storm related debris, marine debris. For construction debris as a result of damage to your properties and for your personal effects that you might have lost in the flooding. So we are waiving those fees. I would just say for anybody that is out there, if you have already gone to the transfer station and you have been charged, you just need to come see me in my office so I can bring this back to the Town Board in two weeks so we can issue refunds to those people. I did talk to the solid waste district, it is not that many people. But for the few of you who are out there, I just want you to bring those invoices back to me so that we can do the paperwork that will be necessary in two weeks to issue refunds to those parties. And to all other people. Certainly the town stands ready to help you any way we can. Now, that being said, I would invite anybody to address the Town Board on any issue. Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. Since we last spoke two hours ago, the Sound has breached Mill Avenue in two spots. I will probably fix it tomorrow. It is not serious but there are two issues there. One is I am doing the armament and I am pretty comfortable in saying that over the past year, kind of everything I have predicted would happen has happened and we, I don't know if how many of you have been down there, we lost about 40 feet of dune with maybe 12-14 trees. So it is not just sand that holds it back, it is what holds the sand back. And that is gone, so the armament is even more important now and discussing it before, I can see how there is logic in bringing the stones there now and I know Mr. Harris is busy so he may not be able to get to his part of it, we'll just have to take our chances on that. but it is, it is serious. Without what is there, its just, and I think some real consideration ought to be made and the Board is going to need to talk to Jim McMahon and Jamie on grabbing back some of the high tide line that is now gone. I mean, the high tide line is, you could say it is the road and it is not. I mean the high tide goes back by legal terms, 16 years. And certainly we can go back 10 feet further away from the road, so it isn't washing over every time; there will still be storms that when they hit the stones, will come over the stones. And to have that be back 10 feet as opposed to right next to the blacktop would be much better for everything. COUNCILMAN KRUPSKI: Sure and then we can vegetate that area and hold it in place even better. MR. DUNN: In fact, I would be willing to take care of that. I will buy, 1 will install, I will maintain. I am retired, I am living here full-time now. I will take care of that for a year or so. SUPERVISOR RUSSELL: I do want to assure you that it is our intent to reclaim as much of that road as possible and here is only hoping that the Army Corp of Engineers doesn't watch channel 22. MR. DUNN: Not only the road but the shoulder, too. I am sorry? November 7, 2012 Page 24 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Here's hoping the Army Corps of Engineers doesn't watch channel 22 because we plan on expanding our ability under that permit as best we can, to reclaim as much of that road as we can. MR. DUNN: Well, much of it is the town fight of way. I mean, we spoke about the right of way one time. SUPERVISOR RUSSELL: Yes, yes. Absolutely. MR. DUNN: My monument is at the blacktop. The 50 feet goes into what is now in water. SUPERVISOR RUSSELL: Absolutely. I agree. MR. DUNN: I mean we have talked about when they built these roads, they kind of put them in the middle but they didn't necessarily get in the middle at all points. So part of the road is actually, part of the right of way rather .... SUPERVISOR RUSSELL: Yes, the road was laid very heavy to the westerly side there. MR. DUNN: Yes. At some points, at other points I don't believe it was but at some points it was right at the edge of the right of way. The second item is, you know, any time you have a conversation about Goldsmith's Inlet, there is the big elephant and that is the jetty. Having watched what went on there last week, I thought a lot about it, I mean, the jetty does cause a lot of stuff but it seems there's a lack of will or maybe a fear to address it and maybe we should start considering some alternatives. The people who like the jetty like the jetty for obvious reasons. They have got a couple of hundred feet in front of them and the people that don't like the jetty because they feel it is spoiling the pond and that is reasonable too. So maybe it is time to think seriously about some dredging. And dredging, I know dredging just make everybody fear because they think of millions of dollars and huge boats and it doesn't have to be that way. It could be an ongoing process, it could just go on forever with a small dredge and provisional people, part time people, seasonal people. They don't have to be permanent employees, it could even be interns that might volunteer to. And the pond could be, the pond itself not the inlet but the pond, could be dredged and returned to where it was and that sand could in fact be used to restore some of the beach and build a permanent berm on the land that is still there. Preventing the flooding, preventing the washouts, returning things to where they were perhaps 30 years ago. I don't really believe, I mean these machines go for as little as $12,000 and what you can do in 4 or 5 days or perhaps 3 days a week over a period and not all year, could make a big difference there long term. And I spoke before for times that will be here after I am gone and after you guys are gone from where you are and just a permanent kind of solution. Could be 30 days a year that some dredging go on. The big question mark there is what's on the bottom of the pond? If it is healthy to put it back on the ground. I think that that's a solution that should be considered and I am not saying do it right now, say yes or no but it is a dialogue that ought to be looked at for the longer term. But not just always the jetty and always $40,000 a year for dredging. The last thing is of course, the dredging. The dredging took about a day. It did. It took a day. November 7, 2012 Page 25 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: The last dredging we did. COUNCILMAN KRUPSKI: We took your suggestion. SUPERVISOR RUSSELL: We took your suggestion. MR. DUNN: One day. it was a fraction of what you expected to spend. COUNCILMAN KRUPSKI: We took your suggestion, as soon as we authorized then there was this forecast of the superstorm coming up the coast. MR. DUNN: Well, you know, I am going to arrange that every year. Because I did (inaudible) COUNCILMAN KRUPSKI: We were nervous about it as soon as .... MR. DUNN: She was happy to be away, too. She didn't have to deal with me. COUNCILMAN KRUPSKI: As soon as we authorized it, we thought it was going to be money that was going to be wasted and in the end, it worked out very well. And the inlet looked better than it .... MR. DUNN: I think you could end up saving $40,000 now. To be honest, a lot of people say they go down there and they look at it and they don't, I am there full time and I get a lot of time to look. That little spit is trying to come back. COUNCILMAN KRUPSKI: Sure. MR. DUNN: In fact, it might be back. And you may want to do, before the permit runs out for this year on January 15, it may be worth it to send someone down there again for one day and do the same thing and they you would, still less than 25% over what has been spent yearly and then it may be wise to look at it again next October and do the same kind of thing and one day here and one day there and that is it for the year. So we are talking about $4,000 as opposed to $40,000. COUNCILMAN KRUPSKI: Well, right, we are in the middle ora study now and it is called... MR. DUNN: I know about that one. COUNCILMAN KRUPSKI: Well, the level loggers and really what is going to be interesting is to see the data, the flushing data from before that dredging was done, when it was cutting into the east and cutting in to the, to see if the flushing rate changed from when it was opened up by the dredging and then further opened up by the storm. November 7, 2012 Page 26 Southold Town Board Meeting Minutes MR. DUNN: I don't know if they have even checked yet that all the level loggers are still there afler the storm. COUNCILMAN KRUPSKI: Well, if they are not, they will be replaced because... MR. DUNN: I know that a number of their marks are gone. COUNCILMAN KRUPSKI: Sure but I mean, at least we will have that data to see if the dredging helped the flushing rate. MR. DUNN: I can't imagine that, I mean, if they had any DNA sample to check I can't imagine that the flushing didn't change. I mean, the whole sound was in and out in a (inaudible) that hasn't been flushed like it was flushed the last weekend. COUNCILMAN KRUPSKI: No, but I mean now that it's .... MR. DUNN: With the constant, the constant one. COUNCILMAN KRUPSKI: Back to normal, yes. MR. DUNN: Thank you. Peter Partinella PETER PATINELLA: Good evening, my name is Peter Patinella. I own two properties out here and they were both affected by the storm. One is at 440 South Lane where my bulkhead was just blown out, it seemed like it was reasonably okay. I don't have much experience with bulkheads, I moved in here 4 years ago. So I started to inquire and I heard something about emergency permits being issued. I came to the Trustees and they did a search, there was no permit ever issued. And I found out that the gentleman that originally subdivided the area, his name is Francis Thorp, did it before 1957 and this thing has been patched up over the years. So I am stuck with the idea of having to go with a full permit. Is there any kind of provision for starting the work earlier? And this involves me and two of my neighbors adjoining my property. SUPERVISOR RUSSELL: We talked about that at work session today and I think it is the will or the wish of this Board to see the Trustees put a process in place. We recognize that many of the structures that are out there aren't what is referred to as permitted structures. It doesn't mean that they are not allowed, it just means that they were built prior to the Trustees taking jurisdiction over the bay in 1991 and that they hadn't gone through a review process. We just talked today and I know Jill and Albert had been discussing with the Trustees trying to put a process in place, so that these structures can be reviewed and that the work and the repair that needs to get done can get done as quickly and as expeditiously as possible. I don't know if you have had any input today since we have talked to the Trustees? COUNCILWOMAN DOHERTY: No, I haven't. November 7, 2012 Page 27 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: It is our hope to work with the Trustees to try to develop some process that is going to expedite the review so that these permits can get issued as quickly as possible. COUNCILWOMAN DOHERTY: Yes, I didn't get a chance to talk to them before tonight but they are having a special meeting tomorrow and also on Saturday for people with storm damage problems and you can come in and talk to them directly. Bring all your information with you, bring pictures, bring surveys. Bring what you have. I am not exactly sure what their plan is for bulkheads that don't have permits but they were going to discuss it today and they have a meeting set....Betty, is it here at town hall? The meeting? Do you know? TOWN CLERK NEVILLE: I believe it is. COUNCILMAN KRUPSKI: They had field inspections today? COUNCILWOMAN DOHERTY: They had field inspections today, so... COUNCILMAN KRUPSKI: Do you know if they looked at your site today? MR. PAT1NELLA: Not today, no. COUNCILMAN KRUPSKI: Did you lose the whole bulkhead or is there anything left? MR. PATINELLA: Only pillars but, hardly anything. COUNCILMAN KRUPSKI: Well, can you document it? Do you have it on a survey, do you have pictures? MR. PATINELLA: Absolutely. I have plenty of pictures. And also, I am not concerned about the bulkhead, that can be replaced anytime. It is the erosion, it took about 15 feet of my land .... COUNCILMAN KRUPSKI: Sure. MR. PAT1NELLA: And there is not that much left. COUNCILWOMAN DOHERTY: Well, right now under the, what the Trustees have done, if you lost fill, you can replace it right now without any permits. But you need to have the bulkhead in place to hold that fill. MR. PATINELLA: Otherwise I will just have to keep on replacing it. COUNCILMAN KRUPSKI: So you should go and talk to them, talk to them tomorrow and tell them that you need their help. They should be able to help you and expedite it. if you are losing land. MR. PATINELLA: Do you know the time of the meeting? November 7, 2012 Page 28 Southold Town Board Meeting Minutes COUNCILWOMAN DOHERTY: You know, I am not sure if it is 7:00. COUNCILMAN KRUPSKI: You can call their office. TOWN CLERK NEVILLE: If I may have your phone number, I will call you with it sir. COUNCILMAN TALBOT: We had the discussion today, like the Supervisor was saying, that if you had a property that had an un-permitted structure prior to 1991, that we think you should come in with a set of plans from whoever is going to build your bulkhead, with the replenishment that is needed with the fill and these guys hopefully can do a quick review of it, give you the okay, the verbal okay to go forward to protect your property. And then, if they wanted to go to a public hearing at a later date, then they could send it forward to a public heating at a later date but don't allow anybodies property to be further destroyed with the water. MR. PAT1NELLA: The question seems to be as to what you are allowed to and what not. Because contractors are very hesitant to do any work unless you have the proper .... COUNCILMAN TALBOT: And also, the IT department has on our website he showed me today, that he has created the permit for the Trustees. That you can go on the town website and you will be able to see the permit, they have the information on there. COUNCILWOMAN DOHERTY: Yes, they have a superstorm Sandy emergency permit and it tells you what they are asking you to bring in. COUNCILMAN TALBOT: This is the actual permit application that it shows the yards of fill that you need, the footage on your bulkhead. Everything is on there. It is a great... COUNCILMAN KRUPSKI: Do you have a contractor? MR. PATINELLA: We are negotiating but unless I have all the permits, you know, this guy is not going to... COUNCILMAN KRUPSKI: Generally for the permit anyway, you need a set of plans from a contractor to show exactly what you are going to reconstruct there. So the more information you can get to them, a set of plans would be really helpful. COUNCILWOMAN DOHERTY: You need a set of plans with the cross section... COUNCILMAN KRUPSKI: They will have the elevation, that sort of thing. You know. MR. PATINELLA: Maybe that can all be addressed at the meeting tomorrow. COUNCILMAN KRUPSKI: It should be. Yes. November 7, 2012 Page 29 Southold Town Board Meeting Minutes MR. PATINELLA: Okay. Second question I have is about another property I own on Rabbit Lane. I don't know if you heard what happened on Rabbit Lane.'? COUNCILWOMAN DOHERTY: That is more difficult to answer. MR. PATINELLA: The lake and the bay basically met, submerged everything and at this cottage I have about 2 feet of water. Now the first thing I want to do before fixing it is to raise it. so is there any kind of, again, emergency kind of permit for a situation like that? COUNCILMAN TALBOT: Well, in an instance like that, if you are going to raise the house up, are you going to put it on piles? MR. PAT1NELLA: I don't think it would need to go on piles but it should be raised at least 3 feet. So I don't know .... SUPERVISOR RUSSELL: Your first step, the first thing you should do is go to the building department with your intentions so that the building depa,tment can review it. because of the proximity to the water, I have to presume Trustees do have jurisdiction there, so there would need some review by the Trustees. If you have a bulkhead nearby .... MR. PATINELLA: No, that is across from me. I am on the lake side. SUPERVISOR RUSSELL: The building department can review it and they can tell you what would be involved in needing to elevate it. I just had a gentleman call me a little while ago with the same question, the idea was to just take what he has and just elevate it down in New Suffolk because that was another area that was very prone to flooding during the storm. I would encourage you to reach out to the building department, there is a building plans examiner that you would want to talk to, say this is what I want to do, what is involved in this process? It is 765-1802. MR. PATINELLA: And last but not least, on Rabbit Lane there is no power still. SUPERVISOR RUSSELL: I have discussed that with LIPA, I have conveyed to the building inspector that what he needs to do is he needs to go out and review the pamels and each house has to categorized based on one of three criteria. What they call zone red which would be homes that were considered demolished and uninhabitable. Then there is yellow zone, those are homes that are still structurally sound but are electrically damaged and they need to be reviewed by the electrical underwriter and the work needs to be done before they can be re-energized by LIPA. And then the third would be the green zone, which would be homes that were part of the flood situation but suffered no damage of any kind and the underwriter can clear all of the electric service as not needing any repair. LIPA needs that information before they will re- energize that area. So 1 am going to convey to the building inspector the need to go out there and inspect each of the homes so that LIPA knows, before LIPA re-energizes and restores that area, they need to know what they are looking at. They don't want the unintended consequences of fires because of thulty wiring or damaged wiring. November 7, 2012 Page 30 Southold Town Board Meeting Minntes MR. PATINELLA: And do they have a timeline for that? SUPERVISOR RUSSELL: I do not. I am going to ask the building inspector to put something in motion tomorrow. I know LIPA is in the process now of restoring other areas of the town. They still have a ways to go. There is a lot of damage down them. I certainly know LIPA wants to get there as quickly as they can based on tonight's storm, they might be even more delayed but I know that those real problem areas is those areas that they are going to hone in on next. Rabbit Lane being one of them. MR. PATINELLA: Thank you very much. COUNCILMAN KRUPSKI: Getting back to your second issue with raising the house, there are two ways to go and we saw a lot of this in the early 90'2. We had two major storms, a Halloween storm and a Christmas storm. Some people chose to elevate the house and bring fill in but then the Trustees have to review that because there are consequences to the neighbors because then you create, you change the drainage pattern. Some people chose to put their house on pilings, then all your infrastructure is up and then the house, you would never have a problem with flooding if you put it on pilings. So there are two .... MR. PAT1NELLA: I think right now it might be on cement blocks, so I am assuming if they are strong enough, they will just add more. COUNCILMAN KRUPSKI: That could work for you. COUNCILWOMAN DOHERTY: You would also have to go the DEC. They are giving emergency permits now. I don't know if that would qualify as part of their emergency review, you would have to ask them. MR. PATINELLA: I will start with the building department. Thank you very much for your time. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? COUNCILMAN TALBOT: Do you want to bring up the highway department cleanup? SUPERVISOR RUSSELL: Yes, the cleanup, because of the storm, the town is participating in a townwide all brush and leaf pickup. The brush pickup is underway. The highway superintendent is out picking up all the brush. The old rules apply, the brush needs to be neatly stacked in the right of way but not on the paved portion of the road, the branches, limbs etc. need to be cut to a certain size so they can handle it with the equipment that they have. All of that information is actually available on the town website. But there will be a town wide brush pickup this year. And then once that is completed, I believe the leaves would be picked up after that. November 7, 2012 Page 31 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: And I think people need to know that there is a tremendous amount out there, so the highway department is probably not going to be coming to your house tomorrow. That is why we made the amnesty period at the dump for brush goes on to the end of the year. So if you don't want to have it sitting in front of your house for who knows how long, you can take it to the dump for free and then get rid of it. SUPERVISOR RUSSELL: It is a transfer station, it is not a dump. COUNCILMAN KRUPSKI: Okay. I stand corrected. Supervisor Russell SUPERVISOR RUSSELL: Anybody else? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjoumed at 8:45P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Southold Town Clerk Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell