Loading...
HomeMy WebLinkAboutTB-01/29/2013ELIZABETH 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 January 29, 2013 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 29, 2013 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on January 29, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. William Ruland Town of Southold Councilman Christopher Talbot Town of Southold Councilman Jill Doher[Y Town of Southold Councilwoman Albert Krupski Jr. Town of Southold Councilman Louisa P. Evans Town of Southold Justice Scott Russell Town of Southo!d Supervisor EiiZabeth Al i~l~Viiie Town of Southold Town Clerk Martin Di Finnegan 5~n 0f ~t~;iCi T;Wr~ ~;rney Present present Present Absent Present Present Present Present I. Reports 1. Island Group - Employee Health Care Plan 2. Department of Solid Waste Monthly Reports 3. North Fork Animal Welfare League Il. Public Notices 1. NYS DOT - Proposed Work on NY Route 25 from CR 58 to Tuckers Lane 2. NYS DEC Notice of Complete Application January 29, 2013 Page 2 Southold Town Board Meeting Minutes IlL Communications IV. Discussion 1. 9:00 A. M. - Laura Klahre 2. 9:15 A. M. - Laura Klahre 3. 9:30 A. M. - Lloyd Reisenberg 4. 9:45 A.M. - Jim McMahon, Jeff Standish, Jamie Richter, Michael Collins and Lloyd Reisenberg 5. 10:00 A.M. - Lloyd Reisenberg 10:07AM Coffee Break 6. 10:15 A.M. - Jim McMahon, Jeff Standish and Tim Abrams 7. Consider Resolution to Support NYS Assembly Foreclosure Bills 8. Geothermal Heat Systems, Per Councilman Christopher Talbot 9. Permit & Tipping Fee Waivers from Superstorm Sandy (Building, Trustees & Landfill) (Currently Expire 2/1/13) 10. Code Enforcement- Update on Joint Meeting I 1. Consider Adoption of Employee Confidentiality Policy 12. Small Wind Turbines and Growing Complaints on Noise and Vibration - How to Qualify and Rectify 13. LL/Dogs on Beaches (PH This Afternoon) 14. LL/LIO & L1 (PH This Afternoon) 15. Long lsland Sound Dredge Spoil Sites Motion To: Motion to ENTER Executive Sesison ~ 11:29 AM On motion by Councilwoman Jill Doherty, seconded by Justice Louisa Evans, it was RESOLVED that the Southold Town Board hereby ENTERS into Executive Session at 11:29AM for the purpose of discussing the following matters: January 29, 2013 Page 3 Southold Town Board Meeting Minutes 16. 17. 1) Employment history and performance of a particular person or persons or matters leading to the appointment, employment, promotion, discipline, or removal ora particular person or persons. (2) PBA & CSEA contract negotiations. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Evans, Russell ABSENT: Albert Krupski Jr. Executive Session - Labor Executive Session - Litigation Motion To: Motion to EXIT Executive Session at 2:18PM On motion by Justice Louisa Evans, seconded by Councilman William Ruland, it was RESOLVED that the Town Board of the Town of Southold hereby EXITS from this Executive Session at 2:18 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Evans, Russell ABSENT: Albert Krupski Jr. No resolutions were added to the agenda as a result of this executive session. Pledge to the Flag Special Presentation Proclamation Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. I am going to ask Mr. James McMahon to come forward please. This an awkward irony, Jim has probably handed out more proclamations in 32 years in town government than any of us and it is time that he finally receives one, I suppose. I am going to read this: "Whereas the Town Board of the Town of Southold wishes to recognize James McMahon, a most dedicated employee, as he retires from his position of Executive Assistant after 32 years of service to Southold Town and whereas James began his career as the Director of the Southold Town Delinquency Diversion and Prevention Program on February 9, 1981, (1 was in high school, how was I not assigned to him?) was appointed as the Youth Coordinator/Community Development January 29, 2013 Page 4 Southold Town Board Meeting Minutes Director in 1982, became the Director of Program Evaluation/Program Coordinator in 1991, served as the administrator of the Affordable Housing Program in 1992 and promoted to the position of Executive Assistant on November 29, 1994 and whereas in addition to his many accomplishments James has served on countless committees within the Town, is a hard-working and loving father and grandfather and has generously volunteered his time in all parts of his community and whereas James has provided faithful service to the residents of the Town of Southold with his wealth of institutional knowledge and kindhearted spirit, has served as the memory and storyteller and is a fine example of leadership and whereas James has become part of the fabric of Southold Town government and his dedication to the Town deserves the sincere gratitude of those with whom and for whom he served, now therefore be it Resolved that the Town Board of the Town of Southold hereby extends their sincere appreciation and wishes James C. McMahon a healthy, happy and prosperous retirement." Jim, from the deepest sincerity of my heart and the heart of the entire Town Board, I want to thank you for everything you have done. JIM MCMAHON: Thank you. The Town Board's that I have worked with, the 7 supervisors, the countless (inaudible) and the people that are up on the dais today are probably in that group, one of the best. So, I thank you. SUPERVISOR RUSSELL: I do want to say a couple of things, first of all, as supervisor in 2005 when I was newly elected, I came to appreciate, I worked alongside of Jim every day for many years as an Assessor, I really came to truly appreciate just how much Jim knows about every issue under the sun. I don't think I will fully understand it until he walks out those doors as a retired man and we don't have that information available to us each and every day. Jim, thank you, you have been there for everything we have asked for and you have always known who to go to, where to go, what to do, when to do it. 1 want to thank you for the guidance you have provided for me as supervisor of this Town. Thank you. We are going to go on with the regular business of the Town Board. I would ask anybody that would like to comment on any of the agenda items to please feel free and comment at this time? John Beschh Southold JOHN BETSCH: John Betsch, Southold. I just have a question I guess about resolution 2013-90 to due with Chapter 111. The last public hearing two weeks ago, I had asked a simple question of why? And at that time, Bob Ghosio representing the Trustees stood over there and said the houses on North Sea Drive are so large they cast shadows on everybody and take out the sun. subsequently to that, he recanted that statement in the Suffolk Times saying 'I made an error. I was actually talking about Leeton Drive.' Well, the houses on Leeton Drive do not fall within the jurisdiction of chapter 111. They have no, there is apples and oranges, there is no effect at all. So I am not sure why that has come to be. So it leads me back again as you are talking about this, to chapter 111, why? And if one steps back and thinks before you do anything, you should have a (inaudible) requirements definition. What are you trying to accomplish with a change? And if you look at what was explained of the exponential growth of houses to what this change is, it doesn't accomplish it. it really doesn't, you should step back and look at it and think about what you are trying to accomplish before you do that. and I would suggest that it goes back to the code committee to rethink exactly, if you think of the purpose of what you are tTying to do, this change doesn't do it. but if you don't believe that, if you don't agree with that, if you do January 29, 2013 Page 5 Southold Town Board Meeting Minutes vote on it tonight, I would respectfully ask that you take a roll vote so it goes on the record of who voted for what. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on any of the agenda items? Please. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: We are going to have a separate, we are going to call for public heatings after we get the business of the agenda done. Any of the other agenda items. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: If it is on the agenda, you can comment on it. If it is any issue that is not on the agenda, we will have public comment after we close the regular business of the agenda and the public hearings. Is it an agenda item? COUNCILMAN TALBOT: What is it regarding, ma'am? UNIDENTIFIED: The code for dogs on beaches. SUPERVISOR RUSSELL: There will be a hearing for that shortly. We are going to get some of the agenda items done and then we will set up for a public heating. UNIDENTIFIED: I saw on the work session agenda today that there was some sort of discussion about turbines, wind turbines? And I wondered if you were going to .... Supervisor Russell SUPERVISOR RUSSELL: Yes, I will just clarify, i needed to bring to the attention of the Town Board what, unfortunately what has been happening is I am getting a growing list of complaints from neighbors who live near small wind turbine machines and I wanted the Town Board to be aware that we passed legislations that permitted wind turbines on bona fide agricultural operations. In no way are we suggesting that we are going to do away with that law, what I just wanted the Board to be aware of is that it is a growing concern and I think that the first thing we are going to do is go the Alternative and Renewable Energy Committee and have them talk to the installers, talk to the contractors. This may very well simply be an issue of maintenance and management of the turbine itself but there are a few turbines in town that are creating quite a few complaints. So again, we are going to go to the contractor to see if there is a way that perhaps this is just a maintenance issue. Anybody else? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, January 02, 2013 [] Accepted Abstain [] Accepted as Amended [] Tabled [] William Ruland Qoter Yes/Aye No/Nay January 29, 2013 Page 6 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, December 18, 2012 VOte Re~ord - Motion Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Christopher Talbot Second [] [] [] O er [313 TabledAcceptedas Amended ji!!~h~rt~ [] ~ Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans Mover [] [] [2] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, January 02, 2013 Vote Record'- Motion Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] F1 [] Accepted Christopher Talbot Second [] [] [] [] [] Accepted as Amended er [] Tabled J!!! Dohe~y Vp~ 0 [] [] FI Albefl Kmpski Jr. : Voter [] [] [] g'l Louisa P. Evans Mover [] [] [] [] Scott Russell Voter [] [] [] [] V. Resolutions 2013-87 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 29~ 2013. Vote Record - Resolution RES-2013-87 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Christopher Talbot Second [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Mover [] [] [] [] [] Rescinded January 29, 2013 Page 7 Southold Town Board Meeting Minutes [] Tom Clerk's Appt Scott Russell Voter [] [] [] [] El Supt Hgwys Appt [] No Action 2013-88 CATEGOR~ DEPARTMEN~ Set Meeting Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 12, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ~ V~ R~,or~l * Re~lution RES-2013-88 [] Adopted [] Adopted as Atnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~l [] [] [] [] Withdrawn Christopher Talbot Second [] [] [] 13 [] Supervisor's Appt Jill Deheay Voter [] 12] [] [] [] Tax Receiver's Appt ~ [] Rescinded Albert Krupski Jr. Voter [] [] [] : [] Louisa P. Evans Mover [] Fl [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action 2013-89 Tab[ed 1/2/2013 11:00 AM, 1/15/2013 7:30 PM CA TEGOR Y: Organizational DEPARTMENT: Town Clerk Appointment to the Sottthold Town Planning Board Member RESOLVED that the Town Board of the Town of Southold hereby appoints Pierce Rafferty, Fishers Island, to the Southold Town Planning Board effective fi.om February 13,2013 through December 31, 2017. Vote Record - Resolution RES-2013-89 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Mover [] [] [] D [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] January 29, 2013 Page 8 Southold Town Board Meeting Minutes [] Supervisor's Appt Louisa P. Evans Second [] [] [] [] [] Tax Receiver's Appt er [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt No Action [] Next: 1/12/13 7:30 PM 2013-90 Tabled 1/15/2013 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Re: Amendments to Chapter 111 and Chapter 275 WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline" 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 will be 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 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline" that reads as follows: LOCAL LAW NO. 1 of 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111~ Coastal Erosion Hazard Areas and Further Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Soutbold as follows: I. Purpose. The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal January 29, 2013 Page 9 Southold Town Board Meeting Minutes flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also fall within the regulations of Stormwater Management. II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Definitions. ADMINISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA -- All spaces within the exterior walls ora dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION -- An addition to a sin:crate principal building resulting in a twenty-five- percent or greater increase in the ~q~mgmeea~e,~m~ building footprint of the principal building other than an erosion protection structure or a pier, dock or wharf. The increase will be calculated as the proposed li able floo area grcu d ......... including any additions to the principal building ~":~"~ ...... pr ....... j constructed under a cca~ta! ma~at~a~p~m~ as of the enactment date of this chapter, divided by the li bl fl fth ' · g .....· ......,~c.~ :~ ,,~:o.:~- ~,~,~ .......~- ....pr/ ip 1 building. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved January 29, 2013 Page 10 Southold Town Board Meeting Minutes maintenance program; set up and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas.-A~yq~eposi6o~ and wi!! requires a coastal erosion management permit. §111-12. Beach area. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-14. Bluff area. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. The following activities are prohibited on bluffs: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-25. Appeal to Board of Review. January 29, 2013 Page 11 Southold Town Board Meeting Minutes The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The roles and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. A.B~. Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. B.C._.:. All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Enviromnental Conservation for his information. C=.D._~. All appeals must refer to the specific provisions of this chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. §111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire olqe~e~ two years from the date of issuance. §111-29. Powers and duties of Administrator. The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: Designate the Southold Town Police Department, Bay Constables, and/or the Office of Code Enforcement to enforce ............................. wolanons of this Chapter and notice of violations t~-a~ainst property owners or to other responsible persons. III. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations January 29, 2013 Page 12 Southold Town Board Meeting Minutes to environmentally accepted practice. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (10) Installation of new or replacement windows, roof shingles, solar panels, siding; or doors, on existing upland structures and second story additions that are made .............. w~thln the ......... t~ footpnnt of an existing and arc ma~,~ t~ upland, ...~,t ~,~ .... .......... ~. .......... structure. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than 5:3 100 square feet. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided ~y law. Vote Reeord- Re~olutlon RES-2013-90 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] [] [] [] [] Withdrawn Chrislopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohe~y Second [] [3 [] [] [] Tax Receiver's Appt [] Rescinded Albe~l Krupski Jr Voter [] [] [] [] Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt [] Supl Hgwys Appt Scott Russell Voter [] [] ----[] [] [] No Action Comments regarding resolution 90 COUNCILMAN RULAND: I am going to say befbre I cast my ballot, them has been a significant amount of material that has been submitted to us subsequent to the hearing which I believe was what we had asked for and the issue is a complex one, while some of the questions are rather simplistic in nature and some of the suggestions are that it is far over-reaching, 1 January 29, 2013 Page 13 Southold Town Board Meeting Minutes would conclude that no matter what you do there is going to be some degree of questioning the motive. But I do believe that to enact it is the proper thing to do so I am going to vote yes but I also have taken in to account some of the comments that have been made of suggestions that might, no, not might, that should immediately let us start to consider things that have been brought up that perhaps the code may need some additional, additional tweaking based on what we find in the number of applications that come forward. So again, I am going to say that my vote is yes but I am open-minded enough to see that some of the suggestions may hold validity and I think we should pursue that. COUNCILMAN TALBOT: I think I am going to relate back to one of the things that somebody brought up, I think it was Bob Dunn regarding the dog law. I am a little, deal with this coastal erosion stuff just about everyday with work and coastal erosion permits that have to be issued, they have to go through a very extensive review. We had one of the members who helped write this law who had themselves some concerns today, I think it might be a time to kick this thing back until maybe we get as Bob was referring to, more residents here who are here during the summer months and not now, so at this time I am not prepared to vote as it is, so I am going to say no. COUNCILWOMAN DOHERTY: I have worked on this with the Trustees on the Board for the past five years and this is the best that we have come up with to clarify the intent of the State. With that being said, I am as Bill is liking, I am open minded that we, I think that we need to enact this and if it needs tweaking or changing, I am open minded to always make something better but for now I think we need to move ahead with this and I vote yes. JUSTICE EVANS: I vote yes and the reason is because I think that mostly what this law does as pertaining to chapter 111, is it clarifies definitions so it is consistent with the intent of the regulation and it codifies definitions, commonly used terms but most importantly it is codifying the existing policies and practices so people know what to expect, it is what is being applied right now. So I vote yes. 2013-91 CATEGORY: DEPARTMENT: Property Usage Public Works Collegiate Baseball 2013 Financial ]mpact: Use of Cochran Park Baseball Field fbr 2013 season subject to approval of the Town Board, scheduling c~f the Southold Town Recreation Department and.filing Qf insurance certificate. RESOLVED that the Town Board of the Town of Southold hereby Igrants permission to Hampton Collegiate Baseball to use the baseball field at Cochran Park for the 2013 baseball season~ subject to scheduling by the Southold Recreation Department and the applicant filing a One Million Dollar Certificate of Insurance, with the Town Clerk, naming to Town of Southold as additional insured, all in accordance with the approval of the Town Attorney. ,t' Vote Record - Resolution REs-2013~91 Adopted ] Yes/Aye No/Nay Abstain Absent January 29, 2013 Page 14 Southold Town Board Meeting Minutes 13 Adopted as Amended William Ruland Voter [] Withdrawn Jill Doherty Voter 2013-92 CA TEGOR Y: DEPARTMENT: Public Service Town Clerk Appoint William P. Stengel as a Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints William P. Stengel as a Temporary Marriage Officer for the Town of Southold, on Saturday, May 25, 2013 only, to serve at no compensation. ~ Vote R~ord - Resolution [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpsk Jr Voter [] [] [] [] [] Rescinded : Louisa P. Evans Second [] [] [] [] [] Town Clerk's Appt er [] Supt Hgwys Appt Scott Russell ~V°ter [] [] [] [] [] No Action 2013-93 CA TE GO R Y: DEPARTMENT: Budget Modification Accounting Establish Capital Budget for 2 Hybrid Automobiles Financial Impact: Provide appropriation.[hr two hybrid Ford Fusions included in the 2013 Capita] Budget January 29, 2013 Page 15 Southold Town Board Meeting Minutes WHEREAS the Town Board of the Town of Southold adopted a 2013 Capital Budget which includes a $28,000 appropriation for a Central Garage hybrid automobile and a $28,000 appropriation for a Human Services Department hybrid automobile, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2013 Capital Fund: Capital Project Name: Automobiles Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.85 Interfund Transfers $56,000 Total $56,000 Appropriations: H. 1640.2.300.200 Central Garage Capital Outlay Automobiles $28,000 H.6772.2.300.200 Programs for the Aging Capital Outlay Automobiles 28,000 Total $56,000 v' Vote Reeord- Re~olution RES-2013-93 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Second [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherly Mover [] [] [] [] [] Tax Receiver's Appl [] Rescinded Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action Comment regarding resolution 93 COUNCILMAN RULAND: Discussion? SUPERVISOR RUSSELL: Yes. January 29, 2013 Page 16 Southold Town Board Meeting Minutes COUNCILMAN RULAND: It is really a comment, the fleet management committee as well as the comptroller spent time looking at this. We are elated that we have actually chosen two vehicles that are the same, which is a part of our on-going, long term goal to standardize the fleet to something that is at least many of a kind just for the scale of efficiencies. And even in the toughest of times we are finding a way that we have vehicles that need to be replaced and we are doing our homework, we are able to do it within the budget and accomplish several goals, all of wh!ch not only bene~t ~he town but benefit the environment a~ wel!~ 2013-94 CA TEGOR Y: DEPARTMENT: Committee Appointment Town Clerk Committee Members RESOLVED that the Town Board of the Town of Southold hereby appoints the following members to the Committee On Health Issues And Services For The Elderly, on the recommendation of Karen McLaughlin, Chairperson: 2013 Appointees: Paul Connor, CEO Eastern Long Island Hospital Holly Rhodes-Teague, Director of the Suftblk County Office for the Aging Juliet Frodella, Director of the Senior Options and Solutions Program ELIH Jacqueline Martinez, Senior Citizens Center Manager, Town of Southold Jean DeLorme, Adult Day Care Program Supervisor, Town of Southold Phyllis Markopolous, Caseworker, Town of Southold Senior Services Lynne Richards, Developmental Disabilities Program Director Vote Record - Resolution RES-2013-94 I~ Adopted [] Adopted asAmended Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Mover 1~ 13 12] } [] 2013-95 CATEGOR~ DEPARTMENT: Employment - Town Accounting Accepts Resignation qf Amy D. Maguire-Burns January 29, 2013 Page 17 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Amy D. Maguire-Bums from the position of Clerk in the Tax Receiver's Office, effective January 30, 2013. / ¥0te Reeord 'r Res~l~on RE~'2013,95 [] Adopted [] Adopted as Amended Yes/Aye No~ay Abstain Absent 2013-96 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Modify 2013 Fishers Island Sewer District Budget Financial Impact: Reallocate Fishers island Sewer District Budget RESOLVED that the Town Board of the Town of Southold hereby increases and modifies the 2013 Fishers Island Sewer District as follows: Increase Revenues: SS2.5990.00 APPROPRIATED FUND BALANCE $ 3,400 Increase Appropriations: SS2.8120.4.200.200 SS2.8120.4.200.300 SS2.8120.4.400.100 SS2.8120.4.400.200 SS2.8120.4.400.300 SS2.8120.4.600.700 ELECTRICITY PROPANE SEPTIC TANK INSPECTIONS SERVICE CONTRACTS SYSTEM MAINTENANCE/REPAIR PERMITS TOTAL $ 250 5OO 2,000 5,000 19,800 350 $ 27,900 Decrease Appropriations: SS2.1440.4.000.000 ENGINEER SS2.8160.4.000.000 REFUSE & GARBAGE, C.E. TOTAL $ 12,000 12,500 $ 24,500 January 29, 2013 Page 18 Southold Town Board Meeting Minutes Vote Re~ord - Resolgtion RES-2013-96 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland Voter ~ [] [] [] [] Tabled ~ [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doherty Second [] [] [] [] el' [] Tax Receiver's Appt Aibert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 96 COUNCILMAN RULAND: I would like to draw credit to the Town Engineer, that his expertise in this matter of something that is extremely important to not only the people of the Town of Southold specifically the residents of the Fishers Island sewer district in just being able to get a handle on the operation of the system and its budgetary requirements, certainly is noted by me and I am sure the rest of my colleagues as well because it is very difficult when we are here and that is there and there have been issues that needed to be addressed and he has brought a great deal of expertise to the table and I am certainly thankful for it. JUSTICE EVANS: He has allowed us not to have to hire professional engineers, he has been able to do much of the work himself which is great. COUNCILMAN TALBOT: I agree. 2013-97 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Hire PT Minibus Driver - Gary Rempel RESOLVED that the Town Board of the Town of Southold hereby appoints Gary D. Rempel to the position of a Part-Time Mini Bus Driver for the Human Resource Center, effective February 4, 2013 at a rate of $16.93 per hour, not to exceed 17.5 hours per week. Vote Record - Resolution RES-2013-97 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended Second William Ruland [] [] [] [] [] Deli:at ed er [] Tabk'd Christopher Talbot Vot-'-~ [] uI FI 13 [] Withdrawn Jill Doherty Mover [] [] [] [] [] Supervisor's Appt Albert Knlpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Votes- [] [] [] [] January 29, 2013 Page 19 Southold Town Board Meeting Minutes [] Rescinded Scott Russell Voter [] [] -- [] [] [] Town Cl~rk's Appt [] Supt Hgwys Appt [] No Action 2013-98 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department Financial Impact: Reallocation offunds to cover overexpended budget lines in the 2012 budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Whole Town budget as follows: From: A.3120.2.500.775 A.3120.2.500.875 Police, Other Equipment In Car Video/Computer/RAD Police, Equipment Other Vehicle Equipment TOTAL $12,000.00 $ 1,941.00 $13,941.00 To-' A.3120.1.300.100 Police, Season/Temp Employees Regular Earnings $13,900.00 A.3120.4.100.550 Police, C.E. Flares, Oxygen, Ammunition 10.00 A.3130.1.100.300 Bay Constable, P.S. Vacation Earnings 5.00 A.3130.1.100.400 Bay Constable, P.S. Sick Earnings 13.00 A.3130.4.400.650 Bay Constable, Contracted Services Vehicle Maintenance & Repairs 13.00 TOTAL $13,941.00 Vote Record - Resolution RES-2013-98 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Mover [] [] [] [] [] Defeated [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] SupetMsor's Appt Albert Krupski Jr. Voter [] F1 [] [] January 29, 2013 Page 20 Southold Town Board Meeting Minutes 13 Tax Receiver's Appt Louisa P. Evans Second [] [] [] [] 2013-99 CATEGORY: DEPARTMENT: Budget Modification Justice Court 2012 Budget Modification - dustice Financial Impact: to cover over-expended appropriation lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund, Whole Town budget as follows: TO: A.1110.1.100.100 Full Time Employees $154.00 Regular Earnings FROM: A.1110.4.100.100 Supplies & Materials $154.00 Office Supplies/Stationary Vote Record - Resolution RES-2013-99 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated ; Wdliam Ruland Voter [] [] [] [] Second [] Withdrawn Christopher Talbot er [] [] [] [] 13 Supervisor's Appt Jill Doherty Voter [] [] Tax Receiver's Appt Alberi Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Mover [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-100 CA TEGOR Y: DEPARTMENT: Budget Modification Recreation Budget Modification - Recreation Department January 29, 2013 Page 21 Southold Town Board Meeting Minutes Financial Impact: to cover funding for the 2013 summer concert series that was inadvertently omitted from the recreation department's budget. RESOLVED the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town to cover funding for the 2013 summer concert series as follows From: Youth Program Instructors A7020.4.500.420 $3,900 To: Summer Concert Series A7020.4.600.400 $3,900 ~' Vot~ ReeOrd' Resolution ~2013-100 [] Adopted [] Adopt~ as ~n~d~ YeqAye No/Nay Abstain Absent D ~f~t~ ~ Tabl~ William Ruled Vot~ ~ ~ ; ~ ~ ~ Wi~ C~stoph~ Talbot Mov~ ~ ~ ~ ~ ~ Sup~isoes Appt Jill Doh~y Vot~ ~ ~ ~ ~ Tax R~v~'s Appt Alb~ ~pski Jr. Voter ~ ~ ~ ~ ~ R~c~d~ ~uisa P. Evans S~ond ~ ~ ~ ~ ~ Town Cl~k's Appt ~ ~ ~ Supt Hgw~ Appt Sgott Russell Vot~ ~ ~~ ~ ~ No Action 2013-101 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Grant FMLA Leave to a Town Employee WHEREAS Employee #4749 has been out of work due to non-work related condition since January 11, 2013, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the PBA, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of absence for up to 12 weeks to Employee #4749 effective January 11, 2013. Vote Record 7 Resolution RES~2013q01 1[] Adopted [] Adoptedas Amended Willialn Ruland [] Defeated __ [] Tabled Christopher Talbot Yes/Aye No/Nay Abstain Absent [] [] [] [] Second Voter [] ~] [] [] January 29, 2013 Page 22 Southold Town Board Meeting Minutes [] Withdrawn Jill Doherty Mover [] Supervisor's Appt Albert Krupski Jr. Voter [] Tax Receiver's Appt Louisa P. Evans Voter [] Rescinded Scoil Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt Fl No Action 2013-102 CATEGORY: DEPARTMENT: Employment - Town Accounting Accepts the Resignation of Albert .t Krupski RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Albert J. Krupski from the position of Town Board Council Member for the Town Board effective January 23,2013. · " ~Ote Record - Re~°iuti0,, R~S'20i3;i02 [] Adopt~ ~ Adopt~ as Am~d~ Yes/Aye : No/Nay Abstain Absent ~ Defeat~ D Tabl~ William Ruled Mover ~ ~ ~ ~ ~ Withdrawn C~stopher Taint Vot~ ~ ~ ~ ~ ~ Sup~isor's Appt Jill Doh~y Vot~ ~ ~ ~ : D D Tax Rec~v~'s Appt Alb~ Kmpski Jr. Vot~ ~ ~ ~ ~ ~ Rescind~ ~uisa P. Evans Second ~ ~ ~ ~ ~ Tom Clerk's Appt Scott Russell Voter ~ ~ D ~ ~ Supt Hgwys Appt ~ ~ No Action Comments regarding resolution 102 COUNCILMAN RULAND: I would say personally with sincerest thanks for his many years of service. SUPERVISOR RUSSELL: I am going to also say, we plan on having him come back to say a proper good-bye. We look forward to that when his schedule will allow and it is probably going to be a lot less polite than the way we said good-bye to Jim because we are going to roast him. We are looking forward to it and we wish him the best of luck. 2013-103 CATEGORY: Contracts, Lease & Agreements January 29, 2013 Page 23 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney No Cost Time Extension/Contract C303426 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment to State Assistance Contract Form between the Town of Southold and the New York State Department of Environmental Conservation in connection with a no-cost extension of time extending the term of Contract #C303426 (Peconic Bay Estuary Program) to March 31, 2014, subject to the approval of the Town Attorney. Vote Record - Re~olntion RES-2013-103 [] Adopted [] Adopted as Amended Yes/Aye : No/Nay Abstain Absent Jill Doherty Voter [] [] [] [] 2013-104 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney 1MA W/Greenport Village Records' Management RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Village of Greenport in connection with the Town's Records Management System and coordinated assessment services, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2013-104 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Del~aled William Ruland Voter [] [] [] [] [] Tabled Christopher lalbot Mover [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [3 Supervisor% Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Second Louisa P. Evans [] [] [] [] [] Rescinded er [] Town Clerk's Appt Scott RusSell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action January 29, 2013 Page 24 Southold Town Board Meeting Minutes I 2013-105 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney No Cost Time Extension/Contract C006975 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 a no-cost extension of time extending the term of Contract #C006975 (Developing Priority Impaired Waterbody and SGA Subwatershed Management Plans) to April 20, 2014, subject to the approval of the Town Attorney. ,r ¥oto~d - R~oluflon RES-2013-I05 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated · - , [] Tabled William Ruland Second [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher~y Mover [] [] [] [] [] Tax Receiver's Appt · [] Rescinded Albert Kmpski Jr. Voter [] [] [] [] Louisa P. Evans Voter [] ' ~ [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-106 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Solid Waste Management District Sandy Storm Debris IMA WHEREAS the Town of Southold has been able to utilize capacity at the Brookhaven Landfill through arrangements made through the Suffolk County Office of Emergency Management and the Federal Emergency Management Agency (FEMA) for the disposal of debris resulting fi.om Hurricane Sandy; and WHEREAS the Town of Southold is permitted to pass tip fee and other charges relating to such disposal directly to FEMA under the rules allowed by the federal disaster declaration issued in response to Sandy, as opposed to seeking reimbursement later; and January 29, 2013 Page 25 Southold Town Board Meeting Minutes WHEREAS a formal agreement between the Town of Southold and Town of Brookhaven is necessary to authorize Brookhaven to submit charges incurred relating to disposal of Southold debris to FEMA; it is hereby RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an intermunicipal agreement (IMA) with the Town of Brookhaven such that Brookhaven can submit Sandy debris disposal charges to F£MA on behalf of the Town of Southold, all in accordance with the approval of the Town Attorney. Vote Record * Resolution RES-2013-106 [] Adopted [2] Adopted as Amended Yes/Aye No/Nay Abstain Absent ~ Defeated [] Tabled William Ruland ~ ~ 0 [] [] [] Withdrawn Christopher Talbot Voter [] [] ~ [] [] [] Supe~isor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] r3 Rescinded Louisa P. Evans Second [] [] 12] [] [2] Town Clerk's Appt er [] Supt Hgwys Appt scott Russell Voter [] [] [] [] [] No Action 2013-107 CATEGORY: DEPARTMENT: Budget Modification Public Works DPW Building & Grounds Budget Mod Financial Impact: Budget modification to cover shortfall in several budget lines RESOLVED that the Town Board of the Town of Southotd hereby modifies the 2012 Building & Grounds Whole Town budget as follows: From: A.1620.1.100.100 Regular Earnings $11,910 Total $11,910 To: A.t 620.1.100.200 Overtime Earnings $ 5,400 A. 1620.1.100.300 Vacation Earnings 4,818 A. 1620.1.100.400 Sick Earnings 248 A. 1490.1.100.100 Public Works Administration 2 A.1620.4.600.200 Refuse Disposal 194 A.1620.4.600.400 Travel 1,232 January 29, 2013 Page 26 Southold Town Board Meeting Minutes A.5182.1.100.200 Overtime Earnings 16 Total $ 11,910 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent Jili D°herty Voter Wl U E] 1~ Louisa P. Evans Mover [] ~ ~ ~ 2013-108 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission for the Event Power to Hold It's "15Th Annual Mighty North Fork Triathlon" Financial Impact: Total police Department Cost for Event = $607.60 RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Event Power to hold it's "15tb Annual Mighty North Fork Triathlon", at Cedar Beach Park, Southold, New York, on Sunday, July 14~ 2013 using the following roads: Cedar Beach Road Jacobs Lane Harbor Light Road Dayton Road Baywater Avenue Nokomis Road Watersedge Way Paradise Point Road N. Bayview Road Windjammer Drive North Parish Drive South Harbor Minnihaha Blvd. Rambler Road Main Bayview Road Brigantine Drive Anchor Lane Pine Neck Road Hiawathas Path Longview Lane Provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $100 filing fee; a remuneration tee of $610.00 for traffic control; $500.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department); 2. Make every eflbrt to control noise; 3. Comply with Chapter 205 of the Southold Town Code to notify neighbors in advance of event; 4. Secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park facility. January 29, 2013 Page 27 Southold Town Board Meeting Minutes 5. Coordinate traffic control upon notification of the adoption of this resolution with Chief Flatley 6. No permanent markings be placed on town, county or state roads or property for the event; 7. 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. Vote Ree0rd - Reaolution RE8-2013-108 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] 0 [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doher~y Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Second [] [] [] [] [] Town Clerk's Appt er Scott Russell Voter ~ [] Fa [] [] Supt Hgwys Appt [] No Action 2013-109 CATEGORY: DEPARTMENT: Trailer Permit Town Attorney Set Trailer Permit Fees Effective 1/1/13 RESOLVED that the Town Board of the Town of Southold hereby sets the following fees for the Town Clerk's Office, effective January 1, 2013: Permits for trailers on land used in Agricultural production $200.00 annually Vote Record - Resolution RES-2013~109 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Second [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohe~iy Mover [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Kmpski Jr. Voter [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action January 29, 2013 Page 28 Southotd Town Board Meeting Minutes 2013-110 CATEGORY: DEPARTMENT: Refund Solid Waste Management District Tip Fee Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a tip fee refund to Daniel Petrie in the amount of $51.60 fur Hurricane Sandy storm debris inadvertently charged as non-storm debris on January 7, 2013. ~' ¥otg R~rd - Resolution RES-2013-110 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent I-I Tabled William Ruland Mover ga [] [] : [] [] Withdrawn Chhstopher Talbot Voter [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] ~ [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [2] Rescinded Louisa P. Evans Second [] : [] [] [] [] Town Clerk's Appt er Scott Russell : Voter [] Supt Hgwys Appt [] No Action 2013-111 CATEGOR~ DEPARTMEN~ Public Service Town Attorney Waive Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby waives Trustees' permit fees for any repairs or construction, that in the sole discretion of the Board of Trustees, are determined to be related to Superstorm Sandy, until March 1,2013. Vote Record - Resolution RES-2013-111 [~1 Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [~ [] [] [] [] Defeated . [] Tabled Christopher Talbot Second [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [3 Supervisor's Appt Albe~l Kmpski Jr. Voter [] [] [] -- [] [] Tax Receiver's Appt Louisa P. Evans Mover [~ [] [] [] [] Rescinded Scot~ Russell Voter [] ' [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt January 29, 2013 Page 29 Southold Town Board Meeting Minutes [] No Action 2013-112 CA TEGOR Y: DEPARTMENT: Public Service Town Attorney Waive Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby waives building permit fees for any repairs or construction, that in the sole discretion of the Building Inspector, are determined to be related to Superstorm Sandy, until March 1,2013. ~' Vot~ ~ - Resolution RgS-2013-11~ [] Adopted [] Adopted as Am~ded Yes/Aye No/Nay Abstain Absent 2013-113 CA TE GO R Y: DEPARTMENT: Public Service Town Attorney Waive Tip Fees 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 March 1, 2013. Vote Record - Resolution RES=2013-113 fi] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended Second William Ruland [] [] [] [] [] Defeated er [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Mover [~ [] ~ ~ [] [] Supervisor's Appt Albe~ Kmpski Jr Voter [] [] [] [] [] Tax Receiver's Appl Louisa P. Evans Voter [] [] [] [] January 29, 2013 Page 30 Southold Town Board Meeting Minutes [] Rescinded Scott Russell Votec [] [] [] [] [] Town Clerk*s Appt [] Supt Hgwys Appt [] No Action 2013-114 CA TE GO R Y: DEPARTMENT: Budget Modification Human Resource Center Modification pf ADC Donations to DPW for Improvements/Repairs to Katinka House Entry Financial Impact: Modification of donations to ADC to DPW Buildings and Grounds for needed improvements/repairs to entrance enclosure and door of Katinka House. RESOLVED that the Town Board of the Town of Southold hereby increases the 2013 General Fund Whole Town budget as follows: Revenues: A.2705.50 Adult Day Care Donations $2,200 Appropriations: A.1620.4.400.100 Buildings Maintenance & Repairs $2,200 / V0i~ R~ard .~ ResotUti0n ~10 i~i i,t [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Second [] [] [] [] ef [] Tax Receiver's Appt Aibe~ Krupski ~rl voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-115 CA TE GO R Y: DEPARTMENT: Budget Modification Accounting Create Capital Budget for Computers', Laptops, Printers Financial Impact: Formally create project in 2013 Capital Budget.[br personal computers, laptops and printers January 29, 2013 Page 31 Southold Town Board Meeting Minutes WHEREAS the Town Board of the Town of Southold adopted a 2013 Capital Budget which includes a $38,000 appropriation for Personal Computers, Laptops and Printers and WHEREAS the Town's Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2013 Capital Fund: Capital Proiect Name: Personal Computers Financing Method: Budget: Revenues: H.5031.35 Appropriations: H. 1680.2.600.100 Transfer from General Fund Whole Town Interfund Transfers Central Data Processing Capital Outlay Workstations & Printers $38,000 $38,000 Vote Record - ReSOlution RES-2013-i15 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated [] Tabled William Ruland Voter [] [3 [3 [3 [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Second [] [] FI [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Voter [] [] [] ~ I~1 Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] U] [] Supt Hgwys Appt [] No Action 2013-116 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement W/SC O/ffice./br Aging/lllC Nutrition Programs RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Consultant/Personal Services Contract between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs, for the period January 1, 2013 through December 31, 2013, for congregate and home delivered meals fbr the elderly, at no cost to the Town, subject to the approval of the Town Attorney. January 29, 2013 Page 32 Southold Town Board Meeting Minutes Vote Retord - Resolution RES-2013-116 [] Adopted [] Adopted as Araended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] " [] [] Supervisor's Appt Jill Doherty Voter ~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [~] [] Rescinded Louisa P. Evans Second [] [] [] [] [] Town Clerk's Appt ' Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-117 CATEGORY: DEPARTMENT: Support/Non-Support Resolution Town Attorney Support NYS Regarding Proposed Laws Concerning Contact In formation for Vacant Structures WHEREAS, vacant, abandoned and foreclosed homes and structures have proliferated throughout New York State over the last five years with many existing in the Town of Southold; and WHEREAS, vacant structures that are not maintained for months at a time degrade and depreciate the value of the vacant structure as well as the value of surrounding properties; and WHEREAS, lending institutions that hold mortgages on said vacant structures do not always provide the contact information of a responsible party; and WHEREAS, Assembly Bill A.88 and Assembly Bill A.824, currently pending, would make it mandatory for lending institutions to provide contact information of responsible parties regarding vacant structures; and require good faith in obtaining a foreclosure; and WHEREAS, the Town of Southold Town Board supports the passage of said Bills. NOW THEREFORE, BE iT RESOLVED that the Town of Southold hereby supports the passage of said Bills and respectfully requests that the State Representatives who represents constituents in the Town of Southold support the passage of said Bills. Copies of this resolution to be forwarded to Senator LeValle, Assemblyman Losquadro, and Assemblyman Keams, sponsor of these Bills. Vote Record - Resolution RES-2013-117 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent January 29, 2013 Page 33 Southold Town Board Meeting Minutes [] Defeated Second William Ruland [] [] [] [] 2013-118 CATEGOR~ DEPARTMEN~ Public Service Town Attorney US EPA SEIS Comments for Evaluating Potential Designation qf One or More Ocean Dredged Material Disposal Sites (ODMDS) RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to submit comments on behalf of the Town Board to the U.S. Environmental Protection Agency (New England Region) regarding the Notice of Intent to Prepare a Supplemental Environmental lmpact Statement (SEIS) for the purpose of evaluating the potential designation of one or more Ocean Dredged Material Disposal Sites (ODMDS) to serve the Eastern Long Island Sound Region, including New York, Connecticut and Rhode Island, subject to the approval of the Town Attorney. 4' Yore R~rd - Resolution RESt2013-118 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] [] [] [] [] Withdrawn Christopher Talbot Voter ~ F1 [] [] [] Supervisor's Appt Jill Doherty Second [] [] [] [] er [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr Voter [] [] [] [] Louisa P. Evans Voter [] [] [] ~ [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action 2013-119 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting January 29, 2013 Page 34 Southold Town Board Meeting Minutes Appoint .lames McMahon PT Land Management Specialist H RESOLVED that the Town Board of the Town of Southold hereby appoints James McMahon to the position of a Part-Time Land Management Specialist II for the Land Preservation Department, effective January 31, 2013, at a rate of $28.1540 per hour, not to exceed 17.5 hours ,er weeK. ~ Vote ReCOrd - Re~olUfl0n RE~.2013-119 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~ ' 13 Iq lq [] Withdrawn Christopher Talbot Voter [] [] [] [3 [] Supervisor's Appt Jill Deheity Second [] [] : [] [] er [] Tax Receivel's Appt Albert Krupski J~. Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover El [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell Voter [] [] ~ [] [] [] No Action 2013-120 CA TEGOR Y: Seqra DEPARTMENT: Town Attorney LL?Dogs on Beaches SEQRA 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 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas" 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. Vote Record - Resolution RES-2013-120 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Move~ [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [3 [] [] El [] Rescinded Louisa P. Evans Second [] [] [] [] [] Town Clerk's Appt er Scott Russell Voter [] lq D [] [] Supt Hgwys Appt ~ [] No Action January 29, 2013 Page 35 Southold Town Board Meeting Minutes 2013-121 cA TEGOR Y: DEPARTMENT: Seqra Town Attorney LL/LiO & LI Use Regulations SEQRA 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 280~ Zoning~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park {LIt} District and Light Industrial (LI} District and Retail Sales" is classified as a Type II action pursuant to SEQRA roles 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. Vote R~ord - Rr~olutton RES-2013~121 ' [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent Second [] Tabled William Ruland [] [] [] 13 [3 Withdrawn Christopher Talb0t ~ [] [] [] [] [] Supervisor's Appt Jill Doherty Mover [] [] [] [] [] Tax Receiver's Appt [3 Rescinded Albert Krupski Jr. Voter [] [] [] ' [] Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ~ Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-122 CA TE GO R Y: DEPARTMENT: Enact Local Law Town Clerk Enact Chapter 193 Dogs TO BE WITHDRAWN WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of January, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas", and January 29, 2013 Page 36 Southold Town Board Meeting Minutes WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of residents using Town recreational areas by enacting regulations pertaining to dogs and other domestic animals on Town-owned recreational areas, beaches, children's play areas, picnic areas and athletic fields. II. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: §193-3.1. Regulations concerning dogs or domestic animals. A. Prohibition. No person shall bring a dog or other domestic animal onto: 1. recreation areas, picnic areas, children's pla,/areas and/or athletic fields that are posted with signage indicating "No Dogs or Domestic Animals Allowed" or "Dogs or Domestic Animals Prohibited"; 2. bathing beaches during such times that a lifeguard is on duty; 3. an area that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species. B. Dogs or other domestic animals are permitted on all other recreational areas unless specifically prohibited in § 193-3.1 (A), subject to the following: 1. All dogs or domestic animals shall be under immediate supervision and control of the owner or other responsible person (the owner or responsible person has the ability to leash the dog or other animal immediately). 2. All dogs or domestic animals brought onto children's play areas, picnic areas or athletic fields shall be leashed at all times. C. All dog or domestic animal waste shall be removed in accordance with §83- 28(B). D. The Superintendent may, in his or her discretion, promulgate additional roles and regulations as necessary. January 29, 2013 Page 37 Southold Town Board Meeting Minutes 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. ~Vote Reeord- Reaolution RES-2013-122 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Second William Ruland [] [] [] [] [] Withdrawn er [] Supervisor's Appt ~si0pfier Talbot Voter [] [] 0 [] Tax Receiver's Appt Jill Doherty Mover [] [] [] [] [] Rescinded Albert Krupski Jr. Voter [] [] [] [] [] Town Cl~k's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] No Action [] Next: 2/12/13 7:30 PM 2013-123 CA TE G OR Y: DEPARTMENT: Enact Local Law Town Clerk Enact Chapter 280, LIO & L1 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of January, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning, in connection with Use Regulations within the Light Industrial Park/Planned Office Park (LIO) District and Light Industrial (LI) District and Retail Sales" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park (LIO) District and Light Industrial (LI) District and Retail Sales" reads as follows: January 29, 2013 Page 38 Southold Town Board Meeting Minutes LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park (LIO) District and Light Industrial (LI) District and Retail Sales". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. It is the intent and purpose of this law to allow retail sales areas within bonafide Light Industrial Park uses and Light Industrial uses to further the viability and stability of such uses in the Town of Southold if certain requirements are met. It is also the intent of this law to preserve property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XIV Light Industrial Park/Planned Office Park (LIO) District §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (9) Retail sale of items manufactured, assembled, processed and produced on site, subiect to the following conditions: (a)The premises is located within a designated Hamlet Locus (HALO) zone; (b) Retail floor area shall be no more than 15% of the gross floor area of the building, including all areas having public access, not to exceed 2,000 square feet. (c) Adequate on-site parking must be available for the retail sales area as determined by the Planning Board and as set forth in §280-78; (d)Resale of items produced off site is prohibited; (e) Should a site contain multiple LIO uses, such uses may utilize a single retail sales area. In such instances, the single retail floor area shall be no more than 15% of the total combined gross floor area of all such uses, including all areas having public access (not to exceed 2,000 square feet). (t)Outdoor storage and display of retail items is prohibited. ARTICLE XV Light Industrial (LI) District §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and January 29, 2013 Page 39 Southold Town Board Meeting Minutes subject to site plan approval by the Planning Board: (9) Retail sale of items manufactured, assembled, processed and produced on site, subject to the following conditions: (a)The premises is located within a designated Hamlet Locus (HALO) zone; (b) Retail floor area shall be no more than 15% of the gross floor area of the building, including all areas having public access, not to exceed 2,000 square feet; (c) Adequate on-site parking must be available for the retail sales area as determined by the Planning Board and as set forth in §280-78; (d)Resale of items produced off site is prohibited; (e) Should a site contain multiple LI uses, such uses may utilize a single retail sales area. In such instances, the single retail floor area shall be no more than 15% of the total combined ~oss floor area of all such uses, including all areas having public access (not to exceed 2,000 square feet). (fl Outdoor storage and display of retail items 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2013~123 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Second William Ruland [] [3 [] [] [] Wilhdrawn er [] Supervisor's Appt Christopher lalbot Voter [] [] ~ [] [] Tax Receiver's Appt Jill Doherty Mover [] [] [] [] [] Rescinded Albert Krupski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] No Action [] Next: 2/12/13 7:30 PM 2013-124 CA TEGOR Y: DEPARTMENT: Property Acquisition Purchase Land Preservation January 29, 2013 Page 40 Southold Town Board Meeting Minutes Mayne Open Space Property Acquisition WHEREAS, the Town Board of the Town of Southold held a public hearing on the 29th day of January, 2013 on the question of adding a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for purchasing fee title to said parcel for open space purposes, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-68.-4-11 and 2732 Soundview Avenue, Peconic, New York, and is located between the southerly side of Soundview Avenue and northerly side of CR48 in Peconic in the R-80 zoning district; and WHEREAS, the open space acquisition is for fee title of 2.5075 acres, as per a survey dated January 31, 2003 by Peconic Surveyors, P.C. The purchase price is $12,537.50 (twelve thousand five hundred thirty-seven dollars and fifty cents) based on an accepted offer of $5,000.00 (five thousand dollars) per acre. The seller may claim a bargain sale; and WHEREAS, the subject property will be added to the Community Preservation Project Plan Eligible Parcel List and its purchase will be funded by the Community Preservation Fund as the purpose of the acquisition is for the preservation of open space, aquifer recharge and wetland protection. The property will remain in its undisturbed natural state; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property tbr the purpose of the preservation of open space, aquifer recharge and wetlands protection, and to allow the property to remain in its undisturbed natural state; and January 29, 2013 Page 41 Southold Town Board Meeting Minutes WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the subject property is hereby added to the Community Preservation Project Plan Eligible Parcel List and a copy of the plan shall be filed with the Commissioner of Environmental Conservation, the Commissioner of Agriculture and Markets, and the Commissioner of the Office of Parks, Recreation and Historic Preservation; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to property owned by Frederick H. Mayne, identified as SCTM //1000-68.-4-11. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. The Town Board has reviewed the acquisition and has determined that sanitary flow credits will not be transferred from this property. ~ V6te Ree0~d - Resolutlog, RE8-2013-124 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent ~ Defeated Second [] Tabled William Ruland [] [] [] [] er [] Withdrawn Christopher Talbot : Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Mover [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [3 Town Clerk's Appt VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. January 29, 2013 Page 42 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: Scott Russell, Supervisor AYES: Ruland, Talbot, Doherty, Evans, Russell ABSENT: Albert Kmpski Jr. PH 1/29/13 ~ 4:32 PM LL Dogs on Beaches 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 2nd day of January, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas", 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the th 29 day of January, 2013, at 4:32 p.m. at which time all interested persons will be g/ven an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of residents using Town recreational areas by enacting regulations pertaining to dogs and other domestic animals on Town-owned recreational areas, beaches, children's play areas, picnic areas and athletic fields. II. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: §193-3.1. Regulations concerning dogs or domestic animals. A. Prohibition. No person shall bring a dog or other domestic animal onto: 1. recreation areas, picnic areas, children's play areas and/or athletic fields that are posted with signage indicating "No Dogs or Domestic Animals Allowed" or "Dogs or Domestic Animals Prohibited"; 2. bathing beaches during such times that a lifeguard is on duty; 3. an area that is within 50 feet of an,/recreation area that is posted tbr January 29, 2013 Page 43 Southold Town Board Meeting Minutes protection of piping plovers and other endangered species. Dogs or other domestic animals are permitted on all other recreational areas unless specifically prohibited in § 193-3.1 (A), subject to the following: 1. All dogs or domestic animals shall be under immediate supervision and control of the owner or other responsible person (the owner or responsible person has the ability to leash the dog or other animal immediately). 2. All dogs or domestic animals brought onto children's play areas, picnic areas or athletic fields shall be leashed at all times. All dog or domestic animal waste shall be removed in accordance with §83- 28(B). The Superintendent may, in his or her discretion, promulgate additional rules and regulations as necessary. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the January 17, 2013 in the Suffolk Times and a notice that it was posted January 9, 2013 on the Town Clerk's bulletin board. We have a letter from Suffolk County, "Pursuant to the requirements of 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 for local determination as there is no apparent significant county-wide or inter-community impacts and a decision of local determination should not be considered as either an approval or a disapproval." I have a letter from LWRP coordinator and Principal Planner Mark Terry which as stated before is consistent with the LWRP policy standards and it is a type II action, SEQRA regulations. We had quite a bit of communication on this, from the Audubon of New York "On behalf of Audubon New York, the state program of the National Audubon Society representing 50,000 members, I would like to offer the following comments regarding the proposed amendments to chapter 193 of town code, a local law entitled a local law in relation to amendments to chapter 193, parks and recreation areas, in connection with dogs or domestic animals on town recreational areas. The mission of Audubon New York is to conserve and restore natural ecosystems, focusing on birds, other wildlife and their habitats tbr the benefit of humanity and the earth's biological diversity. Coastal environments support some of the worlds' highest diversities of birds as well as some of its largest migratory and breeding congregations. Audubon New York is committed to the protection of these habitats and coastal bird species and its Long Island Bird Conservation program directly addresses the conservation needs of those species. Of particular concern on Long Island are the piping plovers (state endangered and federally threatened) and the least tern (state threatened). These ground nesting species are vulnerable to disturbances and predators- including pets. Dogs not only have the potential to crush or eat eggs if they enter fenced nesting January 29, 2013 Page 44 Southold Town Board Meeting Minutes areas but also pose a risk to flightless chicks that use unfenced areas to forage. The presence of both leashed and unleashed dogs, even outside of fenced areas causes adult birds to flush from their nests and chicks, and unattended eggs or chicks are vulnerable to predation and extreme temperatures. The beaches in the Town of Southold provide critical nesting habitat for piping plovers and least terns. Eight beaches owned by the Town of Southold are surveyed annually during the New York State Department of Environmental Conservation's Long Island colonial waterbird survey for beach nesting bird species. These sites have historically supported nesting piping plovers and or least terns and contain suitable habitat for these species. Of those eight sites, four regularly support nesting piping plovers and least terns. To help ensure successful nesting of these species on Town of Southold beaches we recommend that dogs are prohibited from the following sites from April Ist and August 31st each year: Kenney's Beach, Southold; McCabe's Beach, Southold; Gull Pond, Greenport; Little Creek, Cutchogue. In addition, all potential nesting sites should be monitored annually for the presence of nesting piping plovers and least terns and if these species are nesting at additional sites, the town should prohibit dogs on those beaches for the duration of the breeding season, April 1st through August 31st. Through many years of overseeing beach nesting bird stewardship at these sites, our local chapter, North Fork Audubon Society, has the expertise necessary to assess these beaches and advise the town if additional sites are found to be active. Piping plovers are a federally threatened and state endangered species and as such are protected under the endangered species act of 1973. Intentional or unintentional take, defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect or to attempt to engage in any such conduct of this species is prohibited and landowners assume the responsibility if take occurs on a property. Prohibiting dogs from beaches with nesting piping plovers not only benefits the birds but also benefits the town by eliminating the possibility that dogs would lead to an unintentional take. We appreciate your consideration of this important conservation issue and are happy to speak with you about it further if you have any questions. Sincerely, Kerri Dikun Long Island bird conservation coordinator." And there was numerous other letters that came into the town as well as emails and they will be on record in the Town Clerk's office if anyone would like to them all. That is it. COUNCILWOMAN DOHERTY: Scott, before you invite other people to talk, in speaking with people and ongoing research, I find that in the proposal being made, it is really unclear with our other specs in chapter 83 and I would like to propose to add to the proposal that we have tonight, a purpose and I will read as follows: 'the purpose of these amendments is to protect the health, safety and well-being of residents using town recreational areas by enacting regulations pertaining to dogs and other domestic animals on town owned recreational areas: bathing beaches, children's play areas, picnic areas and athletic fields. Nothing herein is intended to supersede, replace, invalidate or rescind the provisions of sections 83-6 of the town code governing dogs running at large in all other areas.' I just wanted to make that clear that in doing this proposed code, it does not supersede our other code. SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this local law? I just want to remind everybody that before you speak we need your name and the hamlet you reside in for the record. January 29, 2013 Page 45 Southold Town Board Meeting Minutes NICHOLAS MORTENSEN: Thank you Supervisor Russell and members of the council for letting me speak. My name is Nicholas Mortensen, I own property at 1560 Bailie Beach Road in Mattituck. It is approximately 500 feet fi.om Long Island Sound. My family has owned that property since 1979. As far as, I would like to address the leashing of dogs on beaches in general and waste pickup. On sub paragraph B, section 1 it says the responsible person should have the ability to leash the dog and be in control of the dog immediately. It is my observation over the last 30 some odd years, that the people that bring their dogs to the beach always say they are in control of their dogs. In control of your dog, when you say that, you leave a wide gap of what somebody could do. Somebody could be in control of their dog, their dog could be 100 feet away. Another dog could be five feet away and not in control. If it was that they had to be leashed at all times, that is a different story. I walk my dog down on Bailie Beach quite often, he is always leashed. In the last two years he has been attacked twice by other dogs. Once by a Rottweiler that the woman was standing right next to him. And another one where the owners of the dog was 100 feet away shouting at his dogs to stop. Both times I had to use a piece of driftwood to protect my dog. So I believe that if dogs are going to be on the beach at all, they should be leashed at all times. The second is, the pickup of waste. I have noticed that most of the people that bring these dogs to the beach don't want to pickup the waste. That is why they bring them to the beach. They allow their dogs to go and I have seen dogs go down to the water, they think that the Long Island Sound, not the dog, the person, thinks the Long Island Sound is the flushing toilet and they just let the dog to its business fight on the beach and it just goes out to the sea and people go in swimming fight after that. there are people, they do cover it over with a little sand. But most don't. And I notice that the people that cover it over with a little sand are usually because they are being watched, they do this. I have seen parents bring their child down to dig in the sand after that. And they dig up dog dirt. That is pretty disgusting. I would just like to say, if the intent of this is to have a beach like a dog park and to have dogs exercise and run in the water, that is fine and dandy. But to have every beach in the Town of Southold to be a dog park, I think would be a little too much. Thank you. SUPERVISOR RUSSELL: Dan? DAN CUTULLO: Dan Catullo, Mattituck. That guy is right on track, in fact, he stole some of my thunder here but as a matter of point, on this control issue. Animal control is so vague, the very definition is nebulous and it is not concise. In actual application it is ambiguous, ambivalent and arbitrary. And as the fellow just said, everyone has a different take. Different people with a different agenda at a different time will think of control in a different manner. Some will just deny it entirely, some will accept it as I have when I have seen people with dogs 100, 200 feet away hidden in the sand dunes claiming they have control which is bizarre and against all logic and it insults our intelligence for that. but they claim and they persists in this claim. So I am trying to prove, no, they don't have control, what am I doing, 1 am trying to prove a negative. Philosophically, that is a tough stance to take, as you know. It is an exercise in futility if nothing else. You need a palpable, a tangible element or a real solid something to really give you the idea that there is something restraining this animal. And a notion that you have control is not going to affect real, solid control. Thc word control, it is everywhere. It is in the blurb I got from the clerk's office here, 'all dogs shall be under immediate supervision and control'. It is in our laws, it is on our discussions and it's, as the other fellow said it is so vague January 29, 2013 Page 46 Southold Town Board Meeting Minutes that we really can interpret it any way we want, in any given time. You can't test the temperament of these animals. Some people will say well, their dog is particularly obedient, particularly well trained. Now, even a circus dog or a dog who is trained for a show, show dog, these animals are going to be, break down, have a break down in their discipline somewhere along the line. The examples that come to mind that are particularly horrific are the two white tigers several years ago that were trained from when they were little cubs, when they became adults they were well trained but one of them turned and almost killed one of their trainers, it was very close to killing him. Or a year or two ago in Miami or somewhere in Florida where that killer whale, he lived up to his name and actually killed his trainer, actually killed it there and it was supposedly well trained, trustworthy animal. You can't test, you can't really know the temperament of these animals. You can't tell when, where or why they are going to change or turn on you. in essence, there is no true control without real physical restraint, period. And that is an element that again, I agree with that fellow that just spoke. Another point, another fellow, I think it was this fellow here that spoke at the January 2n°meeting, brought up the point that if you close certain areas and certain beaches to dogs, you are going to channel them through a funnel to elsewhere. Unfortunately, one of those elsewhere's is my property and the adjacent beach, Bailie's beach as a matter of fact. So in essence, that is defeating its own purpose by just transporting a problem from one place to another. What is wrong with the dog park? ! mean, it's an area you have confinement so the animals can't get afield and create mischief, you have them running unfettered so that they can socialize with each other and in fact, the owners can socialize, too. That was brought up at a meeting last year, that it was important to a particular dog owner that he be able to socialize with fellow dog owners. You will get some people that contend that there is nothing like the ocean for the animal, that a dog park just won't do. They will say, look how happy he appears, his tail is wagging, he is in the surfi he deserves and needs this recreation. You know, this is anthropocentric, this is projecting human values and sensibilities into these animals. It is like the people that will put up a quarter million dollar mausoleum or palace with pool and air-conditioner for their animals. That is an extension of this mindset, to the extreme admittedly but and so on. Our country itself is 3,000 miles wide, we have a lot of animals in there. Millions and millions of dogs. If you were to assume that all of these dogs are somehow deprived of this trip to the beach, that they are seriously encumbered with a lack of a real experience that some of these dog owners will propose, then you would have to say, the dog owners themselves in all these spaces between the two shores of the United States, all these dogs that will never see an ocean shore are being deprived by these owners and in fact, that the owners are abusing them, not letting them have the opportunity to plow into the surf. So it is a ridiculous argument but again, if you take the attitude of some of these people that there is such a necessity to let the dog roam free into the ocean, that's where you go with it. the unique part getting offthe dog park issue, the unique part of a beach is the mean high water. We have had any number of arguments here about mean high water, what it is, where it is, etc., I won't go into that now but mean water where 1 am around Bailie Beach is the differentiating line between private beach property and the public domain, the public doctrine area where you have ability for access to the Sound or the ocean, salt water. It is somewhat nebulous and how are you going to expect a dog to respect that? A free ranging dog without a leash is not going to know what the mean high water line is, he is not going to know where it is and he won't have any concept of private property or what trespassing is either. It is not reasonable to think that way, so, do you run fi'ee, he will go and do what dogs will do, he will, well, what might they do? 1 January 29, 2013 Page 47 Southold Town Board Meeting Minutes have observed dogs on the beach for 50 years, I have been here for 50 years. And what they might do is the following and what they might do, they have done actually; they will run up over the beach, someone is sunbathing, they will kick some sand around, bark loudly, disturbingly, they will perhaps in friendship lick a little of the bare skin of one of those sunbathers, sniff around areas that he probably shouldn't and in fact, if he were a human being be arrested for all these activities. But I have observed all these things. He will take personal objects and run off with them, my brother-in-law from way upstate, Orange county, came down, one of his shoes was taken by a dog and even with the help of the owner, took us about half an hour to retrieve this shoe. These aren't major tragedies but they are major nuisances. And taken in the aggregate, they add up like Chinese water torture or death from a thousand cuts. They will add up to a bad result and a decline in quality of life. You don't have to, realize now these are all friendly dogs, all these incidents such as they, as unpleasant as they may be, are all friendly dogs. God help you if you were having a bad day and your luck runs out the way mine did that bad day last May when I was attacked by two dogs and you don't have to be on your own beach either. You can be traveling along the property line that is public domain and as such, you may see a dog coming from the opposite direction, bounding well ahead of it's owner, 200 or 300 feet ahead perhaps ahead, certainly out of what might be considered reasonable control. What is the intent of this animal? Is he coming after me or at me for purposes of satisfying his curiosity or is it out of malice? It is hard to tell but from my experiences, my perception of this is that if it looks like an attack dog, sounds like an attack dog and it is charging me as an attack dog, then it is an attack dog. Until proven otherwise. Meanwhile, a peaceful, pleasant walk on the beach has been tainted with a tint of terror and it has just not the way to live. Alright and the last point I want to make is, whether admitted or not by dog owners, dogs do bite. Case in point, I have a copy of (inaudible) paper article headline, dog bites account for more than one third of homeowners insurance claims. Over one third, it is not a rare occurrence. And more recently and locally, Riverhead animal control officer mauled by dog at shelter. Rushed to PBMC for treatment. Now these are, these are not rare things and these people that are at these shelters are experts. These are pros, they should know how to handle these animals. But you can't always tell about the temperament of them. Now the general consensus of the people that were at this place, this was supposedly a safe, quote safe, dog. And as I said, you can't always tell about temperament. So my opinion is we need a real strict leash law, no way to get around it and we are in trouble because about the time of my attack, up Port Washington it was, just about the time of my attack last May, within two weeks of my attack, there was a $30 million lawsuit filed and it was because a young boy lost an ear to a dog attack. Well, it was approximate enough in geography and in time to my own event to be a sobering enough food for thought. So just hope that we give serious consideration of what we are doing as far as the leash law goes and in support of what that fellow was saying as well. Thanks. SUPERVISOR RUSSELL: Thank you. who else would like to address the Town Board on this issue? ROBERT DUNN: Robert Dunn, Peconic. This kind of came to fruition last summer and I believe it was the gentleman who was just before me. This kind of came to a head last summer at a meeting here and I believe it kind of happened because it was the gentleman here that was speaking about Bailie Beach becoming a dog beach because the Mattituck beaches in the park January 29, 2013 Page 48 Southold Town Board Meeting Minutes district didn't allow dogs and in fact were coming, that's my biggest problem with this and I said it earlier, is making just certain areas not allow dogs and other areas have no (inaudible). In fact, as the way this ruling is going to lead, the result of that attack on Bailie Beach is going to leave Bailie Beach with less protection than it had then because as I remember, it was you Ms. Neville, went out and brought in the laws and you were surprised that there was a law that said no animals on beach at all. Period. Now in fact we are not only going to allow them but we are going to make them go to certain places because they are prohibited from other places. Now you can just shut me down if you, you were talking this morning Ms. Doherty, that maybe this needs to be tweaked a bit and if the prohibition is going to be everywhere and I might agree and I don't agree with a prohibition, I will get to that in a minute but I just don't think it should be, I think the term now is bathing beaches. You established that at the last board meeting when you recognized certain beaches as bathing beaches, so everywhere else is okay, including some of the nature areas. If dogs are allowed to run in the nature areas, they are just going to go wherever they want and no one is going to chase a dog into the bush or go into the bush to pick up after him. So some of our conservation areas, they will just be free to do what they want to do and if it is not on a leash, it is not on a leash. I kind of, living across the street from the beach, I kind of like seeing the dogs at the beach, I think it adds to the character we have out here on the north fork. Mr. Ruland and I and another gentleman from Newsday had a discussion in that first meeting in January and Mr. Ruland had mentioned how when he was growing up, there were dogs everywhere. And kids even brought them to school and they sat outside in the yard and that just to me is one of the nice things about the north fork. So I am not for banning dogs but I do think it might be appropriate that they be leashed at a time during a season, perhaps it is May until the end of September, perhaps it is only in the daytime and then the people who are intimidated by the dogs are aware of that and they have to adjust too. Because the people who own dogs and want to bring the dogs have just as much right as the people who don't want to be subjected to the dogs, to use the beach and enjoy the beach and quite frankly, the dogs are fun. Seeing a big floppy eared dog running around in the water is fun. You can get those big long leashes that go out 25, 30 feet and you are still in control. That is when there are people on the beach. Today, you could have gone to any beach in this town and you wouldn't have bothered anybody. You could have let your dog run forever, wouldn't have cared. And somebody brought up a point at the work session this morning that that dog run is really not a run, so I mean, the idea of having, letting dogs run on the beach is kind of nice, too. The other thing about just having dogs not allowed on the town beaches or the bathing beaches might set up a legal problem because if you are doing that you are identifying that dogs are a problem, well, if you go to one of the other town beaches, not bathing beaches, and someone is hurt, then you could say well wait a minute, then you have established that and this would be something for you to talk to Mr. Finnegan about. You have established that dogs could be a problem yet you don't do it here, so there could be a liability. I think this, whatever needs to be done here, whatever is going to be done, needs to be thought about more. There is just too many questions, 1 think it is evident just by the number of people in this room. I come to these meetings quite often and we have six people, so there is some turmoil and then of course, the big thing that I raised last time and I will raise it again, 1 don't think anything should be done until some of the summer people get time to respond. I mean, you can't wait forever for them but i mean to do it when we just had six degree weather, they are not out here and you are only going to have people back here in the middle of next summer complaining one way or the other. January 29, 2013 Page 49 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Thank you. Jeff'?. JEFF SMITH: Jeff Smith, Cutchogue. I am chairman of the Cutchogue-New Suffolk park district and my biggest concern on this law is item number 2 under prohibition, where it says the bathing beaches at such times when a lifeguard is on duty. Both of my beaches have areas that are part of Southold town beach but they do not have lifeguards. That is where the people bring their dogs. Now my beach down on Pequash is just this one small area. The people come down at the end of Pequash, they run their dogs. Now tell me how that dog, as this gentleman said, differentiate between here is my line and here is the town line. It doesn't work. If they are going to run them down on those beaches, they have to be leashed. The same thing at Nassau Point, you go all the way down Skunk Lane, that's town property but from the bath house over, is the park district. Now you bring a dog down there, he is going to go, he is going either way. They have got to be leashed if they are on the beaches. I mean, I don't have a problem with them in the mornings, I am an early riser, I go down to the end of Pequash. The people who live in Fleets Neck, they walk their dogs and they pick up after their dogs, continuously. The barrel is there, god knows what is in that barrel at the end of the day when the people are done. You know, I would say the majority of the people that walk their dogs there do pick up after them but when those beaches are being used, those dogs run fi'ee. And they really should be leashed. COUNCILMAN TALBOT: Jeff', do you have a regulation that the park district, no dogs on the beach at all? MR. SMITH: No dogs on the beach. Yup. And that is where we run into a problem because right now, they can go on the Southold Town beach .... SUPERVISOR RUSSELL: That would be similar to the Bailie Beach which is .... MR. SMITH: Yeah, exactly the same thing. SUPERVISOR RUSSELL: But right next door is the park district. MR. SMITH: Right. Right next door and like you said, how does a dog dift~erentiate? To be honest with you, most of the people don't pay attention to it either, so you can't just blame the dogs. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? CHARLENE CATULLO: Charlene Catullo, Mattituck. I was just concerned with the wording that you have on the law because once again, it is a matter of control. And unless you can define control and number one, if you are going to impose a fine or how do you police it? you know, if it is ambiguous and you can't police it, it is not a law. You know, so those are things. As far as, I mean, I utilize Bailie Beach and use to more in the past but I have encountered dogs, they will come running up to you, I will stop in my tracks because I don't know whether it is a friendly dog or not a friendly dog. So you know, I will call to someone and say can you call your dog January 29, 2013 Page 50 Southold Town Board Meeting Minutes and even one fellow said well, he is a friendly dog and 1 simply said, well listen, you know I am not really fond of dogs. I had a dog growing up but maybe it is a fear that came later in life and when I was in my 20's, my girlfriends dog while talking to her, just leaped at my neck. Whether it was a hand gesture that triggered it, I don't know but I would call her and I would say listen, I am not going in your house unless you lock the dog up. Because you don't know when a dog will mm. I don't know what caused the dog to do that to me and maybe that instilled my fear of a dog when they are loose. So I would prefer to see dogs on a leash especially if you can't impose a law. How are you going to impose it? Am I supposed to take a video camera down to the beach to show a dog is not in control of their master, does he have to call the dog one, two or three times? So, I mean I just think that you need to sit back and recognize it. as far as utilizing the beach at other times, you know, technically the beach is my front yard. I would like to go out and into my front yard without having to decide whether a dog know where mean high tide is. You know, to ~it on my beach or something like that. and unless you leash them because no one has ever said anything about allowing the dogs to walk on the beach leashed, it is when you talk about control. I have encountered many a dog, you know, it is where I say they come running up to me. Thank god no bites. My sister-in-law was bit by a pit bull and has stitches up her ann. She was walking her dog. So you don't know, as I say, what a dog is going to do. So I don't think really you should invite you know, any accidents to occur by allowing dogs to run free. Thank you. SUPERVISOR RUSSELL: Thank you. Lillian? LILLIAN BALL: Hi, Lillian Ball, Southold town. As many of you know, I am a dog lover. ! have a dog and I walk on the beach quite often with my dog. I walk with other people walking with their dogs and I think it is one of the nice aspects of Southold town. But I am also extremely concerned about water quality and as is usually the case, it is not the dog, it is the dog owner that is the problem. So I would like to reinforce that plea for enforcement if you are making decisions based on these issues, you have to enforce it. I mean, I know how tireless I am in telling people, I pick up other dogs poop. 1 have my bag, you know, I am walking with people that are environmentally sensitive, they don't do it. people don't do it and so if the dog is leashed, you at least have some control over where they are leaving their business. And if dogs are going to be on the beach, there has to be some way to enforce cleanup because water quality is really essential in our town and dog poop is poop. I don't have to spell it out any more clearly. I don't envy you guys for having to make a law about this, it is a very difficult issue and I know myself just how many people I beg, please, please pick it up. Don't ruin it for the rest of the dog owners who are out here, trying very hard to have their dogs obey. And if they are leashed, you can at least keep track of what the waste is. The second issue that I wanted to make is Goldsmiths Inlet also have piping plovers. They have been found there on that beach several times. If you are going to be considering piping plovers, I would add Goldsmiths Inlet beach to the list from the Audubon Society because we have had exclosures there and it is definitely a place where there is an issue with piping plovers. So I don't envy you this project but I would like to figure out some way enforcement can work, I don't know whether there could be neighborhood captains perhaps? Neighborhood people who are aware, there are places in Florida I am told, housing developments where they have the DNA of the dog on file so when somebody leaves poop, that is very....1 was just shocked that there would be such follow January 29, 2013 Page 51 Southold Town Board Meeting Minutes through, such enforcement. So they know whose dog it is. I don't know that that is something for Southold Town but I do know that water quality is the basis of our economy and our pleasure in our neighborhood and we have to make sure that there is someway people will follow through and take care of their dog waste. Thank you. COUNCILMAN RULAND: Lillian, I would say that to the contrary of what you might think, your input and everyone who offers their input is what makes it easier for us to make the decision. Because it doesn't really matter what you propose until you hear what people usually that have had a first hand experience can tell you, you really don't really know. And part of it is not so much the factual presentation of a fact versus the personal presentation where you can see in the face of the person that they have had an adverse situation that probably affected them and might affect them for a long time in the future. So the input is valuable. I mean, sometimes people laugh at why do you have a public hearing? Well, it is obvious, that is why you have a public heating. To hear what the public has to say. MS. BALL: And I also do think that the more of us that participate in the public heatings and give you our feedback, the better our town works. So, I would invite everybody to put in their two cents worth. Thank you. SUPERVISOR RUSSELL: Let me just say, Dan, before you speak again, I usually nm a policy, I like to have everyone comment at least once before I go for the second time, so if anyone who hasn't been heard yet would like to, please? STEVE HUSAK: Steve Husak, Laurel. I have been here as a summer kid, now as an adult. Had dogs all my life. Had water breeds who were petrified of the water and dogs who shouldn't have swum, water swum to Connecticut. Leash the dogs. We just went to Montauk last week to see the seals. I took a 25 foot piece of rope with me, put a clip on the end of it. put the dog on the end of the 25 foot rope. He ran all over the beach. He got close to where people were, unclipped that rope, put a regular leash back on him. Plain and simple. I mean, if we are going to put a law on, who is going to enforce these laws? We are not enforcing little laws. We are not enforcing short fish laws. Who is going to enforce these laws? Are you going to call 801 down, 805 down off of patrols in town to walk the beach to write tickets for dogs on beach? I don't think so. I don't think the cops want to do it. watched an interesting show the other night, 3:30 in the morning. About Montana. Out there you are caught leaving litter in the woods, caught breaking any of their laws, you never get a hunting license, you never get a fishing license, you never get a parking pass ever again. One time. Done. Maybe it is time we do it here. Maybe it is time we do it here. But if we are going to make laws, let's make laws we can enforce. And every day we open them up, the federal government is furcing laws on us. The state is forcing laws on us. They are passing them in the middle of the night. Nobody is thinking about, nobody is thinking what it is, how we are going to enforce it and how it is going to affect our quality of life. You know, I love dogs. I don't want to be attacked by a dog. I can't go to the dog park. My kids can't go to the dog park, it has become a bully pulpit there. People bring their dogs, throw them in the dog park and then go back and sit in their cars. I heard a story and I would like a clarification of it, that there was two Rottweiler's attacked a dog last month at the dog January 29, 2013 Page 52 Southold Town Board Meeting Minutes park and then the owner of the Rottweiler and the other dog got into a fight and from what I understand, the Rottweiler was stabbed. True or false? SUPERVISOR RUSSELL: No one has reported that to the Town Board. MR. HUSAK: Well, that was the story. My daughter is petrified to go to the dog park now. We are not enforcing dog laws at the dog park, we are going to enforce dog laws on the beach. Really, I commend you guys for, and ladies, sorry' Jill, for thinking it out and listening to everybody but please, don't be New York State, don't be the federal government, passing laws in the middle of the night that we can't enforce and we can't justify. COUNCILMAN TALBOT: Steve, where do you, you are saying leash the dogs but are you saying also, let the dogs go on the beach .... MR. HUSAK: Let the dogs go on the beach. COUNCILMAN TALBOT: Because there are a couple of different things, the dog waste thing is already a law. MR. HUSAK: If you are not decent enough to pick up your dog's waste, then really, what kind of a person are you? COUNCILMAN TALBOT: But that is not part of this public hearing. MR. HUSAK: It really comes down to what kind of a person are you? You know? A dog takes a poop on the beach, have some courtesy. COUNCILMAN TALBOT: I agree with you. you can't get everybody to do it obviously, because of.... MR. HUSAK: I had a husky growing up, that dog would swim to Connecticut ifI let her. I had a 75 tbot piece of rope and she would literally swim across Mattituck inlet. From what we used to call tar tank beach, down there. COUNCILMAN TALBOT: Tar docks. MR. HUSAK: All the across to the back side of Bailie beach. Give her a tug or two and she would get back in the water and swim back across. My dog, after the Montauk trip, she came home, passed out in front of the wood stove. Believe me, more than enough room and energy for a dog to run on a 50 foot piece of rope. So, just let's think about it and maybe time, the owners .... COUNCILMAN TALBOT: Seems like that is the biggest thing, its all coming back to the owners. MR. HUSAK: Inaudible. January 29, 2013 Page 53 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: I did hear something about that, my wife was down there at the dog park there and said there was a fight between the dogs but I didn't hear anything about anybody getting stabbed. MR. HUSAK: There's an example, it is a town owned piece of property for dogs and we are not enforcing any laws there. People are being bullied there. COUNCILMAN TALBOT: It is generally handled with the owners, I have got to say I sat up here when it was talked about the dog park and I said I have never been to a dog park and I don't think I will ever go. And I was there. MR. HUSAK: Truthfully, you will never see me at the dog park. You know I am in the middle ora mid-life career change, I am in New York City more than I am here. COUNCILMAN TALBOT: But the issues down there are generally addressed by the owners and kind of well, as everybody has been mentioning tonight, it comes down a lot of it to the owners. Obviously. COUNCILWOMAN DOHERTY: I just want to mention, if everybody was courtesy and picked up after their dogs, we wouldn't have to have a code here. This code is not for dogs, it is for people. MR. HUSAK: Absolutely. 1 agree with you. I agree with you. I go down surf fishing most of the time I leave with more than I ever brought in. COUNCILWOMAN DOHERTY: It is unfortunate that we have to. MR. HUSAK: And I have to get yelled at and chased at by homeowners because of the people that are allowed to come in and do it and most of the time it is non residents. So maybe the Montana, if we can't do it to ourselves, maybe we can do it to the out of town residents whose parking permits are pieces of paper on dash boards. You know, you come up the beach and you left all the trash there, yank the parking pass, right then and there. SUPERVISOR RUSSELL: Thank you. MR. HUSAK: Good luck. CECILIA MORTENSEN: My name is Cecilia Mortensen, Bailie beach patron. The one aspect I don't think anyone has brought up yet is children. Our grandchildren that I bring down to Bailie beach maybe two years old, one is five, one is three, one is four. When these big dogs are running loose on that beach, I am petrified. I own two dogs myself, it is not that I am a dog hater, I love dogs. But when you have children and you cannot, a person is not controlling which is our main issue here is control, control that dog. When there is children on the beach, you can't, I won't even leave my dog alone with my grandchildren. It is a big goofy lab, golden retriever lab. Why? Because 1 don't trust a dog, I just don't and I love my dog. Twelve years I January 29, 2013 Page 54 Southold Town Board Meeting Minutes have had him. And 1 won't leave him alone with my kids, my grandchildren 1 mean. And I think that is a very important aspect that no one has brought up. There is children on that beach, alright, maybe not 24/7 but when they are, I want to feel safe and not have these big animals running around like my own dog which is always on a leash, always. Even at one time with a rope like this gentleman said, got wrapped around my leg, I had it infected from my dog because he was on a rope and ran around and ripped my leg open but he was on a rope. We never let him run loose. Control. Period. That is all I have got to say. SUPERVISOR RUSSELL: Thank you. Has anybody not spoken yet that would like to be heard? Ma'am. ANITA BUSBY: My name is Anita Busby and I live in Peconic very close to Goldsmith beach. And some of the, you know, my dog is free on the beach whenever I take her for a walk, however, I live there so I am very close by, I can go down to the beach before 8:00 in the morning and t here is no one on the beach and I am home before there is any people on the beach. And the same in the evening, I go after sunset, I walk her then. So I am listening to all these comments and I totally understand people's fear of the dogs running and getting into your picnic basket, as my dog would do easily or kissing small children and knocking them flat, she has totally done all of that but at my house. My family. But what I am suggesting is the timing, maybe we can work out something where this is timing. Now, I am not talking about going to Goldsmiths beach, I am talking about the general area there. But maybe if on the other beaches if there is a time period where it would be allowed for you to walk the dogs and other people would be aware of those times, then maybe it would be a good time not to be there with small children. It is just a suggestion. And the other thing I know you are not talking about pooper scooper laws or any of those things but one of our problems at Goldsmiths is we don't have a garbage pail there most of the time. Sorry, I have got a scratchy throat. Usually it doesn't show up until the 4th of July and it is usually gone by Labor Day and I think it would be very helpful if there was garbage pails on most of the beaches for those of us who are fairly diligent about cleaning up after our dogs. Okay? MARY MCTIGUE: I am Mary McTigue and I live in Southold. I wanted to, everything I wanted to say was pretty much covered although we covered safety but we really didn't touch much on the sanitary conditions of the beaches. I went down to Kenney's beach right before coming here and there is lots of bundles. I photographed if you ever wanted to be curious what goes on off season but the beach is might filled with dog waste as it is now and we are the full time residents that supposedly care more than the part timers. So if the condition of the beaches remains the way it was today, the summer is only going to get worse. So, I just, I wanted to say something because if you relax this code, that all of a sudden became outdated, in my opinion the code was written to protect the safety and sanitary conditions of the beaches. I don't know when that became outdated. Those two things can't go away. And I understand what everybody said here about leashes and 25 tbot long and 30 feet long, all I can envision is crossing ropes and how is this going to work? So 1 would just like to suggest the alternative of creating better dog parks. The one we have in Peconic I am not familiar with it but from other dog owners I have heard it is too small, it is not clean and it is not a friendly atmosphere for the dog and its owners. So maybe to take some of the town property and enhance it, to make it dog parks on 5 acre January 29, 2013 Page 55 Southold Town Board Meeting Minutes pieces, not just in Peconic but in other towns with water sprinkler systems or whatever needed to happen to make it an enjoyable experience. I can't envision relaxing the code at this point for a lot of the reasons the residents just mentioned. It would change my experience, the way I use the beach which is after 5:00. I don't go at high noon, I don't need to work on my tan. I like to go at night and at night at my beach in particular, it has just become more traffic by dogs and I understand everybody means well with their dogs, I am not trying to deny anybody that experience but I am afraid for my nieces and nephews that come down there with me and for myself sometimes. You are very vulnerable if you are not used to being around dogs ordinarily. So I guess that is all. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Has anybody not been heard yet? NANCY SAWASTYNOWICZ: Good evening, I am Nancy Sawastynowicz and I live in Cutchogue. I am sorry all that has happened at Bailie beach. Our little beach at the end of Pequash, we never have a problem, we always pick up and I never go in the summer because it is too hot and I always control my three pugs. I have a letter to read and a few questions and suggestions. On the proposed changes of Southold Town law on dogs and recreational areas. Thank you for recognizing that dogs do belong in recreational areas. The current law which might be understood as prohibiting dogs from beaches should be changed. Most of the people I know that have dogs do control their dogs. ! mean, the north fork as most of us know is part of a beach, most of the north fork is a beach. I am the fourth generation and I can't stand when people say I have been here for 50 years blah blah blah. I noticed 50 years ago they started trying to keep people off the beach. So that is just a point. It doesn't matter how long you are here, we have to work together and I am very happy that you are examining this law, it is very important. And the woman that was attacked by the pit bull in Riverhead at the shelter, that dog was left in a crate on the side of the road and they didn't know the dogs behavior, it was an accident. That wasn't something that just happened. Even in the areas where dogs are prohibited, there should be exceptions to permit service dogs and therapy dogs, that hasn't been mentioned. You know, 1 think it should be put in there because there are seeing eye dogs that need to go into parks and recreational areas. Are you going to think about that particular subject? SUPERVISOR RUSSELL: We will certainly take all the recommendations that are being supplied tonight and include that in the discussion. MS. SAWASTYNOWICZ: Okay, thank you. Okay, paragraph should be clarified or it should be eliminated. What kind of additional rules and regulations do you expect to be made? SUPERVISOR RUSSELL: Again, that is a good question. I think one of the issues that the town is trying to address is what are the needs? We put this for public hearing so we can get this input. I think we recognize prior to the meeting tonight that this law is far from perfect, so we are getting all that input from the public. What you are hearing tonight is what I have been getting via emails and phone calls. People on both sides of the issue, people looking for more January 29, 2013 Page 56 Southold Town Board Meeting Minutes stringent standards, people looking for more relaxed standards. That is what we are trying to get from the public. MS. SAWASTYNOWICZ: Balance. Okay, so in that paragraph D, it refers to the superintendent. Who would that be? Would that be the Town Board? SUPERVISOR RUSSELL: Historically it has been recognized as the superintendent of the department of public works. MS. SAWASTYNOWICZ: Okay. And will additional rules and regulations be changed on this proposal? SUPERVISOR RUSSELL: That was a catch all phrase that was designed to intend that if new law needed to be, he would have the authority or she would have the authority to put new rules in place. MS. SAWASTYNOWICZ: And if that happens, will the changes be made public? SUPERVISOR RUSSELL: Absolutely. MS. SAWASTYNOWlCZ: Okay. How will the proposed law be enforced? SUPERVISOR RUSSELL: Like any new law, as best as we can. MS. SAWASTYNOWICZ: Will there be penalties for the violations? SUPERVISOR RUSSELL: Adjudicated as part of the court process. Those fines would be up to a judge. MS. SAWASTYNOWICZ: Okay. Will the warrants be put on file? SUPERVISOR RUSSELL: The warrants? MS. SAWASTYNOWICZ: If they are violated. If the person is violated in the law that .... COUNCILWOMAN DOHERTY: Just like any other violation in the town, same process. MS. SAWASTYNOWICZ: Because I would like to suggest, if they do cause a violation with a dog and the owner, really, is the person in charge, they should get a warning and then the second time they are not allowed on the beach. I don't know who is going to enfbrce that but I have never had a problem on our little beach, we pick up, everybody picks up and ifI don't, I mean if somebody doesn't pick up not only the dog poop but also glass and any garbage we find and I am glad that you are really listening to the town's people on this and there are good dog people out there. Thank you. January 29, 2013 Page 57 Southold Town Board Meeting Minutes BENJA SCHWARTZ: Good evening. 1 have reviewed this law and I am appreciative that the Town Board has taken up the issue. I am going to try to be, give some constructive criticism here. I do feel like I need to mention one thing regarding the, or a couple of things in the purpose statement of the law. And this is something that is an issue that is very general but it is also very specific here. This law says that the purpose of it is to protect the health, safety and well being of residents. And that sounds fine except if you have a legal background and you know that residents are only a subset of the public and why are we protecting residents and not protecting their guests? Or even just a tourist or other people who are in town. ! think that should be changed instead of for the well being of residents, the public. Residents are part of the public. And that is the purpose of government and the purpose of this law, should be to protect the public health safety and welfare. Not just the health safety and welfare of residents. Another thing is the reference to domestic animals. In looking up domestic animals, I find that sheeps and goats are, you know, this man over here apparently saw a tiger on the beach. I have never seen a tiger on the beach, with or without a leash. And I certainly think any tigers that are on the beach should be on a leash. But in this law, I would direct the law and title the law and talk about in the law companion animals, rather than domestic animals. I think that would be more specific. I am not sure why it is only talking about bathing beaches, I think it came from pieces of other laws that are on the books. And children's play areas, I don't know exactly what that is but I think you meant playgrounds. I don't quite understand, my understanding was that this law was a replacement or a modification of section 193-9 b under behavior and conduct for recreational areas that basically said no dogs except in the parking lots and I thought that is why this was, this whole law was raised, this issue was raised. I am surprised I don't see anything in the proposed changes to change that law. I mean, chapter 86 is something else but section, I don't understand why this is being proposed as section 193-3.1. 193-3 is regulation about motor vehicles in the recreational areas of the town, so I don't, this doesn't seem to belong there. In looking around other sections of chapter 193, I did note very curious, it doesn't have too much to do with this law but fishing is not allowed on any beach in the Town of Southold unless it is posted as a fishing beach. I have never seen a beach posted as a fishing beach. So that means that all the fishermen who fish off the beach are breaking the law also. So I am glad that you are thinking about changing this law and I would like to see it done consistently and you know with, the other parts of the law, I think before you consider adopting a new law, it would be important to identity the areas that you are talking about, where dogs will be allowed and the areas where dogs won't be allowed. For what it is worth, I took some time today and I rewrote the law so that sections A, B and 3 are more logical. Basically the general rule as I see should be that dogs and other companion animals are permitted on all recreational areas subject to certain conditions and prohibitions which are specifically included in sections B and C. Now, I mean, I know there's people here who have little dogs and I used to have a little dog who would not hurt a baby if she, you know, I have a little dog now that it loves people so it will run up to people. But I know how to control it, I have a leash with me, I use it when I need it and there is absolutely no reason. You know, we have a lot of terrible car accidents. Does that mean we are going to outlaw cars? No. We have to think about specific dogs and the problem as I see it is basically in this case is the aggressive dogs. So I would just like to quickly read the revised two paragraphs that I revised. Every companion animal on a recreational area must be under the supervision and control of the owner or other person in possession of the animal. Supervision means the person in possession of the animal is aware of where the animal is and what the animal is doing. January 29, 2013 Page 58 Southold Town Board Meeting Minutes Control means that the person in possession of the animal is capable of restraining the animal from any aggressive behavior towards and any uninvited contact with any person. So I looked around to try to find a law I could use as a model, I couldn't find one. I wrote that one out of my head. I hope it helps you. ! will give you a copy of it but I thought about including something about leashes and I decided against it probably primarily because of an experience I had a couple of years ago when I had this most wonderful dog and somebody who was parked on the side of the road, their dog came and started attacking my dog and I had to attack the dog back and kick it and get rid of it. And they came running over and said oh, oh, oh, we have a leash, I am sorry, we have a leash fight here. Well, fine you have a leash but if the dog is attacking someone, I probably in retrospect, should have called the police. And I think it is to some degree, alright, I will give you a copy of that. the other thing that I just feel hasn't been mentioned and should be mentioned, is the related issue. You know, this is related to the law that was passed regulating, prohibiting people from letting their dogs leave their poop all over town, not just on beaches. Now, on the one hand I think that should be a separate law, shouldn't be mentioned as a part of this law as it is, there is a paragraph in this law referring to that other section that's inconsistent with the rest of the town code and I didn't like that but on the other hand, I think that the poop law as we have been calling it, has not been enforced and is not enforceable as it stands. And I don't see anything funny about the companies and the experts who have devised ways to do DNA analysis of feces. There is a clinic under the auspices of the University of Califomia that has a program called dog pile ID and you can get samples for, in some case, in a lot of cases they will do the testing free for dog owners if they want to eliminate their dog but you know, that is not only the only way to enforce that law but the experience of many communities and living, like apartment buildings and all that have started to implement some forms of DNA testing. And the experience has been that the problems have disappeared. Even if we don't test every dog and every poop on the beach, just having that mechanism in place might go a long way towards alleviating the need for regulation. COUNCILMAN TALBOT: And I say, what the heck is this world coming to if we are going to be doing DNA testing, hey, bring your dog in Mr. Talbot, we have a report that your dog left something on the beach and we are going to do a DNA test on it. MR. SCHWARTZ: Well, that is why 1 don't think we should require every dog to do DNA test. But I think if we, if someone is going to go around and find a little tiny poop on the side of the beach and test that and then go and chase after a little dog that didn't, I am not saying that we shouldn't pick up little dogs poops, I do, they are a lot easier but the ones that really bother me are the big ones and they are a lot harder to pick up. 1 am lucky I don't have a big dog but you know, if you see the same type poop all the time in the neighborhood, I don't see why you couldn't get the dog control officer to come and take a sample, do a test on it and then if you can identify which dog it might be, do a comparison. COUNCILMAN TALBOT: This isn't part of this public hearing anyway, right? SUPERVISOR RUSSELL: You know, this is a town that can't enforce a one yard sale a year rule, I mean, now we are going to do a DNA, you need a database for all that, you need money, January 29, 2013 Page 59 Southold Town Board Meeting Minutes you need resources, you need personnel. I think we need to stay more focused on the specifics here which is simply controlling dogs when and where and how. MR. SCHWARTZ: Well, I am looking at the wider picture and I am looking around seeing what is happening in the Hamptons and in other communities around the country and around the world and I think you know, we are affected by that and I think the idea that this law is only for residents or only to protect and serve residents .... COUNCILMAN TALBOT: I think that is a good point. SUPERVISOR RUSSELL: No, that was a good point. MR. SCHWARTZ: Is reflective of a lack of broader view. COUNCILMAN TALBOT: The general public. MR. SCHWARTZ: May I provide you with a copy? Inaudible. If you put a leash on your dog, that means that the person on the other end has to be on a leash too. And not all dogs, some dogs you can control, you can supervise them without a leash. Thank you. SUPERVISOR RUSSELL: Would anybody else like to be heard that hasn't been heard yet? Please? RICHARD JORDAN: Hello, my name is Richard Jordan, I live in Cutchogue. This is the first time I have ever been here. I have owned the house here since 1985 and I have lived here since 2008. And like Jeff says, we all pick up after our dogs and we walk the beach and pick up all kinds of debris. I think we shouldn't overlook the fact that it isn't just the benefit of the dog, that it isn't just the dog that benefits when you take a dog down to the beach and I always leash my dog. But the companionship of an animal is very positive for the people, for the residents and for the public. And I don't think it is appropriate that those who would bring a leashed dog are restricted from bringing a leashed dog to the bathing beach when a life guard is on duty. I don't understand what's being protected by that. and as far as the other provisions of this, I think the leash, the definition of control is pretty good but I think you should also define the length of the leash. When I heard someone say 25 foot leash, as someone who has four kids 1 would be little bit concerned about some aggressive dogs in that respect. And lastly, you do have reference to the animal waste provision and I assume that the superintendent could promulgate additional rules to that? SUPERVISOR RUSSELL: Well, actually that is a requirement of federal and state law, the MS 4. You are talking about the pooper scooper law? MR. JORDAN: No, i am talking about C, all dogs or domestic animal waste shall be removed in accordance with, and then D is superintendent may, in his discretion promulgate additional rules. SUPERVISOR RUSSELL: Regarding... January 29, 2013 Page 60 Southold Town Board Meeting Minutes MR. JORDAN: That is my question, could it be regarding waste removal? SUPERVISOR RUSSELL: I don't believe he has the authority. COUNCILMAN TALBOT: It was more regards to different parks, like say we have the Mill Lane park in Mattituck that is just a walk in park, a wooded walk in park and if we found that there some issues or complaints in the area .... COUNCILWOMAN DOHERTY: It was more for the signage of areas; that the superintendent can put a sign saying no dogs or dogs have to be leashed. MR. JORDAN: So he has the authority to determine what will be signed or what won't be signed? Yes? SUPERVISOR RUSSELL: Yes. COUNCILMAN TALBOT: But it was something other than beach signage. MR. JORDAN: Because I read this and I thought it meant, are posted, meaning today. And if it is not posted today and if the sign doesn't say no dogs or domestic animals allowed, quote, it is quoted, it is not restricted. COUNCILWOMAN DOHERTY: There are a lot of areas that aren't posted today and we didn't want to have to do a resolution each time a section had to be posted. We wanted to be able to have that department post the areas of the town, without getting a resolution every single time. MR. JORDAN: So the intention is that many areas that residents feel we can take the dogs to may no longer be available? That is what you anticipate? COUNCILWOMAN DOHERTY: No, I am just saying that there are a lot of areas that, of town property that don't have any signs at all. And we need to put signage up and we are just saying that the person, the superintendent can do his job without coming for a resolution for every little sign that he is going to put up. Regardless of what the sign says. MR. JORDAN: So every area could have a sign in town? COUNCILMAN TALBOT: I can't see that happening, [ mean we would definitely hear it and hopefully the residents would, when something comes up like this they are not afraid to come out and speak, which you shouldn't be but MR. JORDAN: But he will have the authority, there won't be a hearing then. He can issue the .... January 29, 2013 Page 61 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: Well, it is a good point that you are bringing up because it looks tike we can then paint the broad stroke across the whole town and block animals off many things. COUNCILWOMAN DOHERTY: That is not our intention. Our intention is say you want a sign at the end of Pequash and your whole community comes and says we want the sign to say this and what have you, then you can go fight to that department and make a sign and put it there. Without having to go through a big public hearing for just that one little sign. MR. JORDAN: Without a big public hearing? Well, that is exactly what I, so it could be (inaudible) .... COUNCILWOMAN DOHERTY: What I am saying is .... MR. JORDAN: I heard what you said. COUNCILWOMAN DOHERTY: Yeah, I know. And if turns out that .... SUPERVISOR RUSSELL: It's language that should be struck from the legislation. MR. JORDAN: Okay, thank you. SUPERVISOR RUSSELL: Anybody that hasn't spoken yet? Ma'am, did you want to speak? MARGARET KNOWLDEN: I am Margaret Knowlden and at the age of 7 1 was bitten in the face by a dog. I lived my whole life in fear of dogs. As an adult, I finally was able to get past it. I raised two children that have no fear of dogs, however, I was at the beach, Founders Landing, last summer and someone came, they could have been a summer person and they just let their dog loose. It could have had the leash on it but I think the point I am going to make tonight is, when you have a fear of animals, any animals, you emit like a I guess a chemical and the animal knows, they know you are afraid of them. And the other thing is, if a child, you know, is afraid of an animal like this not everyone takes care of their animal the same. Not everybody gets their animals shots or just cares for them in general. So I just that it would be, also, I should tell you this, I had a family picnic and a woman showed up with a dog and one of the children that were at the picnic was injured. All he did was run away the dog didn't bite him but the fact is, it created quite a stir with everybody that was at the picnic, so I just think that, it, you know, I don't think that it is fair for dogs not to have a place to go but in the same token, are our beaches here for the dogs or are they here for the people? And their children. So I just hope that you would take into consideration. Also, I have a very good friend that works for the Smithtown Guide Dog foundation. Guide dogs are working dogs. And usually you are not afraid of them because they have been trained and they have been trained very strictly, so and they are issued to people and even in those cases if the person is abusive to the dog, the dog is taken away from them. I am talking about the blind person. And they are not allowed loose on beaches ever. So that is all I have to say. I hope it helps. SUPERVISOR RUSSELL: Thank you. January 29, 2013 Page 62 Southold Town Board Meeting Minutes BOB GHOSIO: Bob Ghosio, I am from Greenport. I think I have somewhat of a unique perspective I think on this in the sense that as a Trustee, I have seen some of the issues that have been raised, say from Lillian Ball for example. Where the quality of our water and our waterways is very important and we have seen waste from pets entering the waterways, particularly at road ends, not so much from beaches. So it does occur. So that is one concern that we have. On the other hand as just a regular person, I have been attacked by dogs twice in my fail, once was by a Doberman pinscher when I was a teenager and once as an adult, going to a job interview I was attacked by a pack of feral dogs in Lake Ronkonkoma. So I know from the time I was about 13 years old until the experience as an adult what the fear of, you know, the fear that people can have of dogs. To this day, ifI am approached by a dog that I don't know. In the same token, I have had dogs my entire life. I currently have a pug and I have a boston terrier. Granted they are small dogs and they are very friendly dogs but I have had dogs all my life. I think that what we are doing today or what the Board is doing is very honorable in the sense that we have a situation where we live in a place where the romantic notion of having you know, a boy and his dog frolicking in the surf is a noble vision in one's mind. It is part of what makes our town unique. One of the things that we want to hang onto is that romantic notion that we can continue to live as a society where you can have that and maybe not have to worry about some of these other issues like public safety. However, as a government entity, you do have to take that into a situation. We have people on both sides of the argument, people that want to make sure that they are protected and people on the other hand that would like to enjoy some of the beauty that we have out here. As having a perspective from both sides of that argument, I want to say that I would like to cling to the notion that we can have, work our way through this and have a way in which we can enjoy that unique scenario that we have where we can have people and their dogs in a recreational atmosphere enjoying the waterways with their pets. I don't know exactly how to do it but I just wanted to say I support it. And with that, thank you. SUPERVISOR RUSSELL: Thank you. Actually, Scott, do you want to go? SCOTT BOGER: My name is Scott Boger. I feel like I have got to stick up for the dogs, just a little bit. 1 mean, 1 feel bad for everybody at Bailie beach because it obviously sounds like it was a bad experience, I am hearing Doberman's, I am hearing rottweilers. It can be any dog. I have three labs. Somebody might have seen me at Founders, I let my dogs out at the ramp, they run right in and they go after the ball and when they are all done, they jump in the back of my truck. I confess, they are not on a leash. They are friendly, do I trust them 100 percent? But I know, they are an animal but like somebody said, we can't, if somebody gets in a car accident, we can't lock that guy up, you know. One car accident isn't going to ruin it for every motorist on the road. The dog poop, if a dog turd, I don't want to say the wrong thing and I don't want to be disrespectful to anybody .... SUPERVISOR RUSSELL: Please feel free to say what you like. MR. BOGER: Ifa dog turd washes up on the beach, I mean, come on, there's all kinds of turds washing up on the beach. It is not just, do the dogs go swimming and take a turd and it comes floating on the beach? The overflowing garbage cans with, at least people are picking up the dog January 29, 2013 Page 63 Southold Town Board Meeting Minutes turd and putting it in a bag because I live up on, off of Soundview Avenue and I go to Kenney's beach and there is a thing where, there is a thing where there is a bag and you pick it up and you pick up your turd but I mean, people that come out on the weekends, I am picking on the people that live up west, alright, I have been out here for 40 years, it is beautiful out here. I don't live in Montana, I am hitting on a lot of people, I don't live in Montana, I chose to live on the north fork where the water is and my dogs love it. it is like you can't just, I don't know, I am losing all my train of thought, I just want to stick up for the dogs. It is not just, one bad person, I don't trust any of those dogs like anybody is mentioning and a lot of my friends have them and I don't care what they say, I don't trust them. They are bred bad, whatever. It can be anybody but it would be nice to make you know, oh, I know. The garbage cans are overflowing with their diapers, too and the seagulls comes and dumps it on the beach. You think that is not hurting the water? I mean, that is a poor excuse. A dog turd is not polluting the water out here. It has got nothing to do with it. SUPERVISOR RUSSELL: Can I, can we just, I am just going to ask everybody, everybody should direct comments to the Town Board. Can everybody direct comments to the Town Board? Scott, I just ask you all to direct your comments to the Town Board. MR. BOGER: Alright. But my point, brown tide, I have never heard in any of the articles I have read that it is because the dogs are pooping in the water. I would just like to see the beach, alright you have got the lifeguards, we should, like Bob said, if we could find a way to work something out. The person should be 100 percent liable for his animal, 100 percent. It is not the dog's fault. They don't know. You should go there, if we can provide, and they are, they are at the beaches. They are not at the beach I like to go, I live right by the town beach and I was told I had to leave last year and I left. Not happily but we have attendants, like we wonder how can we police the beach? You take the town beach, there is always two people sitting in a chair at the little stand. Well, maybe one person could sit so she could see the sticker and the other person can get up and walk and monitor the beach. I mean, we could work for, I am now being mean, we can work for our money a little bit. We don't just have to sit in a chair. We can police it. A police officer shouldn't be down there patrolling the beaches, not at all. SUPERVISOR RUSSELL: Just understand something, that the bathing beaches where we have beach attendants are very few. Most of the beaches in Southold town are informal road ends, they are not big swimming beaches with a lot of sand. The reality is, we don't have attendants there during the winter at all, what we tried to do with this legislation was to balance what we viewed as a very strident, existing law which basically said, to our surprise, no dogs are allowed anywhere at any time on recreational areas including beaches. We said we need to reel that in, balance that out and allow for some limited access to dogs on beaches, to dogs in public parks. Obviously we didn't do it well, and we need to take another look at it. but that is exactly what Bob had talked about, that is the essence of why we are here. It is because we are trying to balance out some of these somewhat competing interests. MR. BOGER: But give the dogs a chance. The tiger, whoever saw a tiger on the beach .... COUNCILMAN TALBOT: He was referring to the one in Las Vegas. January 29, 2013 Page 64 Southold Town Board Meeting Minutes MR. BOGER: But whatever. Thank you. SUPERVISOR RUSSELL: I am going to let Dan go. If everybody that hasn't spoken yet, round two, now we will go with Dan. MR. CATULLO: Alright, I just wanted, right offthe bat I want to clear up this tiger business. I brought that up because it was in all the papers. As they say of World War II. This was in the papers and it was rather dramatic and these little animals were trained up to become monsters and the fact is they were trained and they turned and almost killed their trainer. And I brought it up because at the same time I brought up that Florida incident with the killer whale. So there was nothing on the beach, I wasn't hallucinating or prospecting that. I wanted to make a statement, I think Bob had said, this thing about leasing time on the beach or spreading it around so that you have, it is good to have the dog at a certain time and then it is not another and I just made some notes here, I said it is inappropriate, improper or down right irresponsible behavior that won't change its nature at the tick of a clock or the flip of a calendar page. And the safe area becomes a version of the old wild west. If it is bad, it is bad not to be altered by the passage of time or season. And it seems to me, where you are getting into a real, talk about slippery slopes, you are getting into a situation where hey, when is the dog going to be allowed on the beach and not if we are not strictly restricting them to leashes or preventing them from going on beaches in the first place, is it going to be in the evening, someone mentioned walking at night. I love to walk in the evening at sunset, I have a beautiful view of the sunsets from my beach. Or is during the heat of the day when the people are out bathing and that is the safe time for the dogs to be, everybody has their own impression of when they want to go. I wouldn't be caught dead on the beach at high noon on a summer day when everybody else is loving it when they come out from the city. But on the other hand, i like autumn walks on the beach. Who is going to define when I should give my, give in to the free running dogs because somebody has their own notion of when it is appropriate and that is a point I really wanted to emphasize with this thing. That rationing out time at the beach and making it an arbitrary designation where this is a good time for you and you will like it then and you will enjoy it in the autumn or you will enjoy it at noon and the dogs will have sway the rest of the time. That's the slippery slope you are going to get into when you start dividing up times and it, as I said, if it is bad, it is bad. If it is inappropriate, it is inappropriate. If it is dangerous to people, some people mentioning with the children etc, it is going to be dangerous at 8:00 at night or 5 in the afternoon or in the autumn or spring. Okay. Thanks. SUPERVISOR RUSSELL: Thank you. MR. SMITH: I just need to address what Scott said earlier about the attendants down at the beach, maybe one checking stickers and the other one checking, 1 had an incident at the Nassau Point beach where the attendants ending up calling me because we had a service dog come down with the thmily that they were letting run all over the place. She tried to talk to them, they told her basically where she could go. They couldn't have cared less. She called me, I went down, this woman gave me, I mean, holy mackerel, up one side of me, down the other. I finally ended up calling the police. This woman basically said this is my beach, 1 pay taxes, I can go what I January 29, 2013 Page 65 Southold Town Board Meeting Minutes damn well please. So that is what you run into, so don't look for the poor kids to have to do something like this. MR. BOGER: Then the police should enforce it. MR. SMITH: But that is the problem. The enforcement. We don't have enough people in this town to do the enforcement. I don't know how you guys are going to take care of this whole thing. Because now you have got to look into the service dogs. Somebody said as far as leashing all the dogs on the beach which I had mentioned before. Don't get me wrong, I love dogs. We have had dogs all our lives. I just adopted a dog from the shelter for Christmas. So, I have got two dogs now. But something has to be done with the dogs. They have to be, what's the word 1 want? Enforced. If you are going to put the laws in, somebody has got to do the enforcement. I don't know how you are going to do that. That's your job. That's what you get the big bucks for. SUPERVISOR RUSSELL: Nancy and then you, Steve. MS. SAWASTYNOWICZ: As the president of save Cutchogue.com, Dana Albert emailed me this and asked me to read it tonight. Our dogs love the park at the end of Pequash Avenue, as many dogs do in the Fleet Neck area. We all pick up after our animals, whether in the park or on the street. Do not prevent our dogs, ourselves, this little bit of pleasure. After all, if we can't enjoy this little bit of fun, why do we live here? Certainly not for the stable weather conditions. Please read this letter at the town meeting. Thank you. MR. HUSAK: Alright, the other half of this law says domestic animals. I don't see take your chicken to the beach day or walk your sheep on the beach day. what about horses? Is it going to affect horses? I mean, there are a lot of people who like to take the horses swimming in 95 degree weather in the summertime, cool them off. What is it going, how are you going to address that? SUPERVISOR RUSSELL: We just clarified that with another law. But I haven't had one incident of complaint regarding horses and we are working with the equine association for access tbr equine animals on town preserves, such as Marratooka etc. We work very well with that organization and we incorporate that as part of our management stewardship plan for our open space preserves. MR. HUSAK: Alright. The other thing with the leashes. I mean, common sense says if you got 50 dogs on the beach, you short leash your dog. If you got no dogs on the beach, it would be a beautiful place to let your dog run free. If you got two dogs on the beach, yeah, you long leash your dog. But unfortunate, you can't legislate common sense. It isn't going to happen. You know. Do I envision 100 dogs with leashes, 50 foot ropes intertwined? No. I brought up the Montana law just as an example of a law, not saying that we live in Montana, just tike we don't have tigers walking on the beach. Thanks. January 29, 2013 Page 66 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board on this particular local law? COUNCILWOMAN DOHERTY: I would like to say something before we close the hearing. Everybody knows how this came up over a year ago and this was a place to start. We needed a whole new law on this and what I tried to do is emulate what was going on already in this town to try to balance both sides. And I have listened to a lot of people and I am continuing to listen to a lot of people. And 1 think that I am really happy that a lot of people came out for this and are speaking now because I have tried to reach out to people, I am glad they are out and I think we have a lot more work on this and you know, we need to tighten certain things up and it's a start and we are here to, for the people of the town and this is what this law is for. So I appreciate everybody coming out and speaking their mind on this. RESULT: CLOSED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Evans, Russell ABSENT: Albert Krupski Jr. Ph 1/29/13 ~ 4:34 Pm LI/Lio & Li 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 2nd day of January, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zonln~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park (LIO) District and Light Industrial (LI) District and Retail Sales" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 29th day of January, 2013, at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park (LIO) District and Light Industrial (LI) District and Retail Sales" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park {LIO) District and Light Industrial {LI) District and Retail Sales". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. It is the intent and purpose of this law to allow retail sales areas within bonafide Light January 29, 2013 Page 67 Southold Town Board Meeting Minutes Industrial Park uses and Light Industrial uses to further the viability and stability of such uses in the Town of Southold if certain requirements are met. It is also the intent of this law to preserve property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE X1V Light Industrial Park/Planned Office Park (LIO) District {}280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (9) Retail sale of items manufactured, assembled, processed and produced on site, subject to the following conditions: (a)The premises is located within a designated Hamlet Locus (HALO) zone; (b) Retail floor area shall be no more than 15% of the gross floor area of the building, including all areas having public access, not to exceed 2,000 square feet. (c) Adequate on-site parking must be available for the retail sales area as determined by the Planning Board and as set forth in §280-78; (d)Resale of items produced off site is prohibited; (e) Should a site contain multiple LIO uses, such uses may utilize a single retail sales area. In such instances, the single retail floor area shall be no more than 15% of the total combined gross floor area of all such uses, including all areas having public access (not to exceed 2,000 square feet). (f)Outdoor storage and display of retail items is prohibited. ARTICLE XV Light Industrial (LI) District §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (9) Retail sale of items manufactured, assembled, processed and produced on site, subject to the following conditions: (a) The premises is located within a designated Hamlet Locus (HALO) zone; (b) Retail floor area shall be no more than 15% of the gross floor area of the building, including alt areas having public access, not to exceed 2,000 square feet; (c) Adequate on-site parking must be available for the retail sales area as determined by the Planning Board and as set forth in §280-78; January 29, 2013 Page 68 Southold Town Board Meeting Minutes (d) Resale of items produced off site is prohibited; (e) Should a site contain multiple LI uses, such uses may utilize a single retail sales area. In such instances, the single retail floor area shall be no more than 15% of the total combined gross floor area of all such uses, including all areas having public access (not to exceed 2,000 square feet). (0 Outdoor storage and display of retail items 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. I have a notice that it was posted in the Suffolk Times on January 17, 2013, that it was posted on the Town Clerk's bulletin board on January 9, 2013. I have got a letter from LWRP coordinator Mark Terry "The proposed action has been reviewed to the New York State Environmental Conservation regulation part 617 state environmental quality review and it is my determination that pursuant to part 617.5C 27 the action as proposed is a type II action and therefore is not subject to SEQRA review." And also from Principal Planner and LWRP coordinator Mark Terry, that the action is consistent with the LWRP policy standards and therefore consistent with the LWRP. I have a letter from Donald Wilcenski, who is the chairman of the Southold Planning Board. "Thank you for the opportunity to provide comments on the amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the changes." And from Suffolk County Planning Commission, that it is a matter of local determination according to sections A 14-14 to A 14-25. A local determination shall not be considered either an approval or a disapproval. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? COUNCILMAN TALBOT: I would just like to make a comment. We have quite a, some industrial areas in and around the downtown hamlet zones, across town and some of these areas are not being utilized, so in order to, some things came up to the Supervisor a year or two ago about food sales potential, that's grown and processed here on the north fork and some other uses that we felt would better serve the public and the properties that we already have in place to try to get these things up and running and people being able to provide their business services to the community. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? COUNCILMAN RULAND: I think when we talked about adaptive reuse of commercial property and the benefits not only to the town as a whole but to the hamlets in which they would January 29, 2013 Page 69 Southold Town Board Meeting Minutes fall, there is great potential because there have been ideas as the Supervisor has related to us in the past, that have basically been stymied at the door because the zoning would prohibit what they wanted to do, certainly as not only moving forward with the master plan that deals with areas like economic development and the creation of jobs, where a person has a vision for a use in a zone that could be encouraged and actually come to fruition with a change of zoning like this, I think it is incumbent that we would seriously consider it because there is much more benefit than there is detriment. COUNCILMAN TALBOT: Great. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? COUNCILMAN TALBOT: Just one last thing in regards to that, we had a wine maker in town that was looking to do something different and it wasn't adaptable to the zone that they were looking to do it in and it was discussed at the Board level and everyone was in conjunction with going forward with something, so this is an example of something that doesn't work, we are trying to make it work and make it better for the people but if you have something that you have been told it is not allowed, a particular use in a particular zone, don't be afraid to bring something to the town board or the planning department to try to make amendments to what we have in place. RESULT: CLOSED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: William Ruland, Christopher Talbot, Jill Doherty, Scott Russell ABSENT: Albert Krupski Jr., Louisa P. Evans Set P.H. Mayne Property Acquisition COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ January. 29~ 2013~ at 4:36 p.m, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purpose of adding a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for the purpose of purchasing the fee title to said parcel for open space purposes. Said parcel is identified as SCTM # 1000-68.-4- 11. The address is 2732 Soundview Avenue, Peconic, New York, located between the southerly side of Soundview Avenue and the northerly side of CR48 in Peconic in the R-80 zoning district. The proposed acquisition is for fee title of 2.5075 acres, as per a survey dated January 31, 2003 by Peconic Surveyors, P.C. The property is important for purposes of open space, aquifer recharge and wetland protection, similar to the criteria listed for the properties adjacent to and in the vicinity of the subject property, which are on the current Eligible Parcel List. The property has been offered for sale to the Town of Southold as open space. The purchase price is $12,537.50 (twelve thousand five hundred thirty-seven dollars and fifty cents) based on January 29, 2013 Page 70 Southold Town Board Meeting Minutes an accepted offer of $5,000.00 (five thousand dollars) per acre. The seller may claim a bargain sale. The property is being added to the Community Preservation Plan and the purchase will be funded by the Community Preservation Fund. The purpose of the acquisition is for the preservation of open space, aquifer recharge and wetland protection. The property will remain in its undisturbed natural state. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a short environmental assessment form, no further action will be taken on that. It was posted in the Suffolk Times on January 24, 2013 and it was posted on the Town Clerk's bulletin board on January 22, 2013 and that is it. SUPERVISOR RUSSELL: Thank you. Would anybody like to be heard on this particular land acquisition? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. As Chris Talbot mentioned, this heating has two purposes. The first is for the purposed of adding the Mayne property to the town's community preservation plan eligible parcel list. The current list includes the larger properties adjacent to and in the vicinity to the Mayne property. These properties are listed as important for open space aquifer recharge and protection of freshwater wetland purposes. The Mayne property is similar in nature to the properties surrounding it and it would have been included the original list had it not been for its size. The original list was based on a computer generated list, starting with parcels over 10 acres. Over the years, we have added many smaller parcels which we missed during the original preparation of the list. The land preservation committee and I all recommend that this property be added to the list of eligible parcels tbr the same purposes as the properties surrounding it. the second purpose of the heating is for the purpose of acquiring the property. As 1 noted, the property is significant in nature. It contains pristine, freshwater wetlands and it is part of a larger area of freshwater wetland, expanding from Goldsmiths Inlet south. The purpose of the purchase is to protect the property from any future residential development which can impact the environmentally sensitive nature of the area. As it stands now, the property is difficult to develop due to access issues, however, if the property were to be acquired by an adjacent landowner, the access issues would be eliminated and the property would have the potential for development. At this time, the town doesn't own any property in the immediate area, however, should the town acquire land in the vicinity in the future, the Mayne property would become part January 29, 2013 Page 71 Southold Town Board Meeting Minutes of that overall preserved area and may perhaps be incorporated into a potential future trail system if such is proposed in the management plan for the area. The landowner offered the land to the town at a minimal purchase price, the committee reviewed the offer in accordance with the policy that we have called the small lot policy and the committee and I both recommend that the Town Board proceed with the purchase. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody like to comment on this particular acquisition? (No response) RESULT: CLOSED IUNANIMOUSI MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: William Ruland, Christopher Talbot, Jill Doherty, Scott Russell ABSENT: Albert Krupski Jr., Louisa P. Evans Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Okay, would anybody like to comment on any issue? I would invite you to come up to the microphone now. Mr. Tillman. Art Tillman ART TILLMAN: Art Tillman, Mattituck. replacement of Al Krupski? Has the Board come to a decision as to the SUPERVISOR RUSSELL: We are actually considering all interested applicants. People are certainly very efficient at getting a hold of me to let me know that they are interested in being appointed. We will be vetting all of the names and I have to presume I am making an appointment in the next two weeks. I mean, two weeks from tonight. MR. TILLMAN: Okay. I would like to title this an appeal to fairness, if you will. Al Krupski, a Democrat, was always elected with the support of a substantial number of Republicans and Independent voters. It was Al placing Southold Town ahead of politics that gave him bipartisan and independent appeal. His was an historic and overwhelming victory to the Suffulk County legislature. This is a time in history where we are witnessing the negation of the common good in our country resulting from extreme partisanship. Locally, letters to the editor in the Suffolk Time reflect this extreme partisanship weekly. The public is well aware of the destructive effects of partisanship. It has resulted in stalemates and delays and in some cases, suffering. I point to the delays in hurricane Sandy relief, resulting in partisanship in Congress. Some on Long Island are still without electricity and heat months later even in this recent period of extreme cold. The presence of a loyal minority on any legislative body benefits all. An absolute majority does not serve the interests of the people well. A bipartisan spirit gets things done for the good of all. Compromise should always be a part of the democratic process. Supervisor Walter in his debate with Al Krupski stated that ifA1 were elected the Suffolk County Legislature would have a 13 to 5 Democratic veto proof majority. He made a good point but better did A1 Krupski when he replied that you do not know me well and I have always put the good of our town above partisan January 29, 2013 Page 72 Southold Town Board Meeting Minutes politics. I am asking the Town Board to proceed in the spirit of good govemment, act in a fair manner and not appoint a replacement for A1 Krupski who is one of your party. To appoint one of your own will result in the perception, if not the fact, that you are acting in the interests of your party and not above bipartisan politics. The Southold Town Board currently has a 5-0 Republican party majority, the percentage of Republican voters registered in Southold Town constitutes 39.3% of the electorate. You have been elected with the support of those registered in other parties and the non-affiliated. Asking fairness is not only in the town's interests but also your own. In consideration to the 60.7 % of those registered in other parties and independents, I ask you to proceed in the manner of A1 Krupski and what he always exemplified and not appoint a member of your own party to his unexpired term and giving yourselves a 6~0 Republican majority. Thank you. SUPERVISOR RUSSELL: Thank you, Art. Let me just say for the record publicly, as a few months ago I had expressed to you and actually some others that with an election in November that perhaps the seat shouldn't be filled. November doesn't seem that far away. In reviewing town law, it has become abundantly clear that the intent of the law is that the town must appoint someone to the vacancy, that the electorate is entitled to a full body, a full legislative body. Also, the town has a dubious distinction of being a six member town board, which means that we need four votes to pass anything. As you can see fi.om the absence of Louisa, it is difficult to get five here present at one meeting much less six. So, again, in reviewing town law section 51, I have come to conclude that if we were not to appoint someone, we would be subject to either an article 78 proceeding or an executive declaration fi.om the governor. The intent of the law is for us to appoint that person. We will do the best we can to find the most qualified person for that position and I said this to you and I said to the local papers, this position does not belong to the Democratic party, it does not belong to the Republican party, the Conservative party or the Independence party. It belongs to the people of Southold Town. They have entrusted us with making decisions that are in t heir best interests, I trust that we will. MR. TILLMAN: Then again, I ask you to consider some of the qualified Democrats that will come before you. Bill Edwards for one, an experienced former councilmember. He has offered to fill the unexpired term and there are some others out there. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Bill Shipman BILL SHIPMAN: Ladies, gentlemen. Bill Shipman, Cutchogue. Obviously we all know why I am here. Fifty to sixty days now is going to be the start to Vineyard 48's season and I was just wondering if you have discussed anything on how you are going to attempt to approach it this year, due to the tact that the litigation really isn't moving forward, it has been adjourned nine times since May 24th I believe it was? Besides the two times that they heard your motions. COUNCILMAN TALBOT: Bill, currently they are in front of the Planning Board for site plan review. MR. SHIPMAN: Okay. Meaning? January 29, 2013 Page 73 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: You can go and attend those meetings and make comments at those meetings in front of the Planning Board pertaining to what they are going to get approved or not approved as far as their site plan goes. MR. SHIPMAN: Okay. I was just looking for a little more help here because we are working on two and a half to three years. SUPERVISOR RUSSELL: I assure you, we are doing everything we can. MR. SHIPMAN: Well, I had a couple of suggestions that I might .... TOWN ATTORNEY FINNEGAN: Can I just .... MR. SHIPMAN: Sure. TOWN ATTORNEY FINNEGAN: For the record, I just want to be clear... MR. SHIPMAN: Any information I can get. TOWN ATTORNEY FINNEGAN: The litigation is not at a standstill, the injunctions that the town has or obtained through the litigation process are in place and will remain in place .... MR. SHIPMAN: Right but they violated all last year. TOWN ATTORNEY FINNEGAN: The adjournment doesn't take away the injunctions, so we have all those restraints in place and will continue to be place. The matter is being briefed to the court and we will get a decision on the future of an injunction. As the meantime, as Councilman Talbot indicated, Vineyard 48 is in the process of submitting a site plan application to the Planning Board and it is the hope and intention of the town that the issues that have come from this site will be addressed in that process, through the site plan process. And that the Planning Board will hear from both Vineyard 48 and members of the public as to the issues that have to be addressed. MR. SHIPMAN: Okay but the injunctions that are in place they violated last year anyway and continued to pretty much do what they wanted to do and not what your town codes and or what they site plan determined. So I was just wondering if 1 could get a little help with that and even the hazardous traffic conditions if you want to put them at that. last year channel 12 News came out, they interviewed Scott, they interviewed a couple of people in the neighborhood. 1 have been in touch with them and I am going to be issuing them the video documentation. So if this continues next year, you are going to be putting me, not particularly you, this whole situation is going to be put on me where why should I have to obtain my own legal attorney representation to defend, not defend but to defend my quality of life, when technically that there is a boardy barn type, put them in your commercial zone, make them have their parties there. COUNCILMAN TALBOT: We are hoping all that stuff gets addressed before the season starts. January 29, 2013 Page 74 S6hthold Town Board Meeting Minutes MR. SHIPMAN: Well, when am I going to get relied They are making money... COUNCILMAN TALBOT: We are well aware and I mean, it is pretty sad to me that you have got one of the neighbors selling his house. He has been a resident of this town his whole life and he is selling his house to get the heck out of there because he can't stand it anymore. MR. SHIPMAN: Well, that is another thing. My house is being taxed at $576,000 value as of recently. So if the town wants to buy my house, I have several other places that I can go and buy another home, that I am in a position to do if I can sell my house. But I don't think I am going to be selling my house at that appraised value with this condition every weekend. SUPERVISOR RUSSELL: Bill, I think you know that this is not an unsympathetic Board. We are with you every step of the way... MR. SHIPMAN: I totally understand that. SUPERVISOR RUSSELL: We are exploring every legal option we can. Some maybe not discussed publicly but we are doing everything we can. MR. SHIPMAN: Somebody is going to have to step forward. First, do you have to issue them the tent permits which increases their .... SUPERVISOR RUSSELL: It is my understanding there are no tent permits in place at this point. MR. SHIPMAN: No, not at this time but they are going to get them in March when they go to open, they are going to be applying for th~m. TOWN ATTORNEY FINNEGAN: Sir, all the issues are going to be dealt with in the site plan process which is commencing right now and I can't get into specifics but I can assure you that every one of the complaints that have been made in the past will be part of that record and obviously, you will be invited as a member of the public to participate in the process before the Planning Board and make your concerns known to the Planning Board so that they can find ways to mitigate those issues through the site plan process. MR. SHIPMAN: Okay, because I know you are running in the same, actually more dilemmas than I am running into. You are running into the legal dilemmas where they are taking their right to farm and saying that you are picking on them and I am getting nothing, no relief. If they want to be a regular business, that would be fine. I don't have problems with the vineyards, I don't have problems with anybody making money but with the traffic conditions that do exist, somebody is going to get killed. Mr. Talbot, you said you stopped by and saw what their weekend entailed, yes? COUNCILMAN TALBOT: Yes. Several times. January 29, 2013 Page 75 Southold Town Board Meeting Minutes MR. SHIPMAN: And if this begins next year, I want to know, will you come over and take a look? SUPERVISOR RUSSELL: I have been there many times. I can attest to that, that is why we worked with the Chief of Police to put extra patrols on site, not just in front of the property but to put officers inside the building during those events to try to reel in and we wrote many disorderly conduct charges and all of those things. We have written MVA tickets for the illegal u-tums and that same presence, if need be we will be there again but we are hoping that it doesn't get that far this time now, now that it is part of a site plan process. MR. SHIPMAN: At the end of October, before the hurricane, you had said that that was going to happen. That weekend it did happen, the next weekend but the following weekend, complaints were made and they told me they knew nothing about any other special detail that was supposed to be assigned and that was October 20th. When I did complain, they came down, they did the traffic enforcement. Change of shift comes, these are problems that I mn into and you have already heard it but, the shift change comes, they leave. Nobody comes back. So now I call again, they don't show up until 5:15, 5:30 after I have called 4:15. You know what the reasoning was? There was a possible fight at the football game in Greenport. So they had multiple cars there. But this issue is continual and I hate to beat it to death, it was a long night with the leash law but I just need to know that you are still there, that it has got to end. COUNCILMAN TALBOT: I am hopeful that we will get it reigned in before the season starts hopefully. COUNCILMAN RULAND: At the expense of having the Town Attorney throw his shoe at me, traffic and the management of it is part of the site plan process as well and the process in general is that the parties sometime are going to have to agree to that plan and once that plan is and the process is completely transparent as Mr. Finnegan said, the public has every right to participate in that process and offer input and there is a time also for public comment in hearing situations such as this and I am sure that there are many more people just as interested as you to comment on something like that. and I would encourage that to happen. And I find it frustrating because from a legal standpoint, our hands are tied in some ways because we have to follow every role and it hurts my heart to hear you tell me that some people don't follow any of the roles even though they are in place. And what is available to us is only the law to apply and to go through the process and I agree with Councilman Talbot that we, hopefully, through this process that this will finally result in an operation at a site that is probably what is in keeping with the neighborhood. MR. SHIPMAN: And that is fine to me, leaning back on the traffic issue, because if you have seen the stretch limousine .... COUNCILMAN RULAND: I have. January 29, 2013 Page 76 Southold Town Board Meeting Minutes MR. SHIPMAN: Across the eastbound lanes of 48 and other cars almost crashing into it or busses, the 60 foot busses parked on the right hand lane or the west bound lane and then do the whole u-turn across the four lanes. Now this isn't 1, 2, 3, 4 times, this is week in, week out. The music issue, noise ordinance is practically not enforceable because it doesn't result in the base beat that is played here, that is a constant thumping noise. So if something is not supposed to be at this particular location, you know, the little guy needs help here. Not the business and I know the business has a ton of money behind it and that is what they are doing to the town and the taxpayers, by making you go through this litigation of retaining and going to court nine times and it being adjourned. I know you are not adjouming it but enough on my thing, as long as I know you are there to try to help me, I am going to leave you alone. I am not going to beat you up like the leash law and I am going to go home. Thank you very much. COUNCILMAN TALBOT: Thanks, Bill. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on any issue? Steve? Steve Husak STEVE HUSAK: Well, I guess after tonight we can talk about respect and common sense in this town and lack of it. I mean, I feel bad for Billy, a friend of mine. I wouldn't want to live where he has to live. If you can fill me in on a few things because lately my nose is either spent in a paramedic text book or traveling back and forth to rotations and stuff, how many bay constables do we have in this town now? SUPERVISOR RUSSELL: Right now we have three. The third was just recently hired, so he is going through the academy. He should be available to us probably in the late spring. We have hired back the retired senior bay constable to work part time to fill that void until that new hire is done with the academy. MR. HUSAK: Can somebody, we have had this conversation before, can somebody explain to me the principle of having a full time bay constable year round whose only job seems to be to park in the beach parking lots in the middle of winter and read their newspapers all day? SUPERVISOR RUSSELL: Actually, the bay constable is a more than full time job year round, they are not just responsible for patrolling the wetlands and the waterways, they also issue all the violations that the Trustees notice when they go out on field inspections, construction in wetland areas, encroachments on setbacks. The Trustees work with the bay constables to issue all of those violations. That includes not just writing the violation but testifying in court etc. COUNCILWOMAN DOHERTY: And the bay constables also do the shellfish program on a, daily rainfall checks. There is a lot of different things, there are grants that they get year round, they make sure the applications for the buoy systems in town, they maintain the buoys when they take them out of the water, they do the maintenance on them in the winter. There is a lot that they do. January 29, 2013 Page 77 Southold Town Board Meeting Minutes MR. HUSAK: Don't get me wrong, I like the guys. I talk to them all the time. I think we need a lot more of them but I think it could be a seasonal position and we need a lot more. I mean, obviously you see people complaining about dogs on the beaches and we talk about how we are going to enforce this. And we have got to empower another group of people, our beaches are being Mined. We have got no respect for the environment, I mean, I love mother nature, I think everything we have witnessed as much as destruction and people being still without electricity, it is still a fascinating place we live in, this planet. You know. I just found out this afternoon, there is a great white shark of Shinnecock right now, it has got a tag on it, and you can go online and you can watch this shark and see everywhere she has swam. In the last week, she has come all the way up here from Florida but we have got to do something about the quality of life out here and the quality of our beaches and our environment and maximize the number of people we are putting out for enfomement and keep this place clean. As much as I love the excitement and Chris, you can understand this, the excitement of working in the city and the volume and calls and stuff, I love coming home. I mean, I brought up the horses before because after working 12 straight hours in the city and fighting traffic and people on top of each other, I drove down my block and here come three of my friends down the block on their horses. And I am like, this is why I live here. So I really hope that we can keep this place what we have and not let it turn into the Hamptons, not let it mm into the city. And just maximize the enforcement, maximize our tax dollars to get the best return on them as we can, so that our kids have a place to live and we will have respect and common sense for each other. And with that, I am going back to work. SUPERVISOR RUSSELL: Thank you. COUNCILMAN TALBOT: Good luck. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment 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 7:07 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Christopher Talbot, Councilman AYES: William Ruland, Christopher Talbot, Jill Doherty, Scott Russell ABSENT: Albert Krupski Jr., Louisa P. Evans