HomeMy WebLinkAboutTB-06/04/2013 ELIZABETH A. NEVILLE ~~pptA,C Town Hall, 53095 Main Road
TOWN CLERK ,oo ~ PO Box 1179
Southold, NY 11971
REGISTRAR OF VITAL STATISTICS ~ ~ Fax (631) 765-6145
MARRIAGE OFFICER "y9pf ,~oo~' Telephone: (631) 765 - 1800
RECORDS MANAGEMENT OFFICER ~ southoldtown.northfork.net
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
SOUTHOLD TOWN BOARD
REGULAR MEETING
June 4, 2013
7:30 PM
A Regular Meeting of the Southold Town Boazd was held Tuesday, June 4, 2013 at the Meeting
Hall, Southold, NY.
Call to Order
7:30 PM Meeting called to order on June 4, 2013 at Meeting Hall, 53095 Route 25, Southold,
NY.
Attendee Name Organization Title Status Arrived
James Dinizio Jr Town of Southold Councilman Present
William Ruland Town of Southold Councilman Present
Jill Doherty Town of Southold Councilwoman Present
Christopher Talbot Town of Southold Councilman Present
Louisa P. Evans Town of Southold Justice Present
Scott Russell Town of Southold Supervisor Present
Elizabeth A. Neville Town of Southold Town Clerk Present
Martin D. Finnegan Town of Southold Town Attorney Present
I. Reports
II. Public Notice
III. Communications
IV. Discussion
1. 9:30 Am -John Cushman
2. 9:45 Am -Jeff Standish
3. 9:00 Am -Unsafe Building Public Hearing, General Wayne Inn
4. 10:00 Am -Jim Bunchuck
June 4, 2013 Page 2
Southold Town Board Meeting
5. LL/ Amendments of Chapter 205/Special Events
6. LL/ Removal of Parking Restrictions on Mill Road
7. LL/Amendments to Chapter 280-13, Use Regulations, in Connection with Wineries
8. Changes in Leash Law
9. Community Meeting to Discuss Road Use Policy
10. EXECUTIVE SESSION -Litigation
11. EXECUTIVE SESSION -Labor
12. Motion To: Motion to Enter Executive Session at 11:06 AM
RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session
at 11:06 AM for the purpose of discussing the following matters:
1) The employment history and performance of a particular person or persons and matters
leading to the appointment, employment, promotion, discipline, suspension, dismissal or
removal of a particular person or persons
2) Update on CSEA negotiations.
(3) Litigation: Strategy discussions regarding proposed, pending or current litigation on
following matters:
Nocro, Ltd. and Heritage at Cutchogue, LLC v. Town of Southold, et al
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
13. Motion To: Motion to Exit Executive Session at 1:00 PM
RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this
Executive Session at 1:OOPM.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
June 4, 2013 Page 3
Southold Town Board Meeting
14. Motion To: Recess 9:00 AM meeting
RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM
meeting of the Town Boazd until the Regulaz 7:30PM Meeting of the Southold Town Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
15. Motion To: Reconvenes 9:00 AM meeting
RESOLVED that the Town Boazd of the Town of Southold hereby reconvenes the 9:00 AM
meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town
Boazd.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER: James Dinizio Jr, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
Pledge to the Fla¢
Opening Comments
Supevisor Scott A. Russell
SUPERVISOR RUSSELL: Please rise and join in the Pledge to the Flag. Thank you. At this
point I am going to ask anybody that wants to comment on any of the agenda items to please feel
free. Now I know some of you are here to comment on the town's recently adopted policy with
special events and roads. We aze going to, right at the end of the meeting, take those comments.
Others are here to comment perhaps on the local law which would remove parking or no pazking
restrictions in a certain part of the town. We are going to have a separate public hearing for that.
So what we aze going to do in the meantime is just stick to the agenda items. If you want to
comment on any of the agenda items, please feel free.
Unidientified man in audience
UNIDENTIFIED: Inaudible comments
SUPERVISOR RUSSELL: What happens is, we will get the agenda items done and then one of
the Board members will make a motion to go into a special hearing, like a public hearing for that.
We just get the items on the agenda that we have to vote on and sort of get out of the way. Then
we have a regular public hearing, we set it up as a formal hearing. And that will be in a few
minutes, after we get this stuff done. Does anybody want to comment on any of the agenda
items? Go ahead.
UNIDENTIFIED: Can you just elaborate on the mercury issue? Is there any action that the
town needs to take (inaudible)
June 4, 2013 Page 4
Southold Town Boazd Meeting
SUPERVISOR RUSSELL: Oh, the mercury. That was a request today, I am trying to recall
who, Jim Bunchuck was before the Board to discuss the disposal of mercury. Apparently what is
happening is people aze casting their thermostats in the gazbage, not realizing that they contain
mercury. What we suggested to our solid waste coordinator today is that we really need is to put
more of an educational outreach to push out there because for many people it is incidental, they
don't know that there is mercury in those thermostats. So he agreed to help us get more of a
public, you know, education....
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: Okay. I didn't know that we had the resolution on. But we will get
to that in a minute. Yes, we will address it when we get to it. Alright, any other agenda items?
(No response)
V. Resolutions
2013-438
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
June 4 2013.
~ Vote Record -Resolution RES-2013438
® Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled
James Dinizio Jr .Voter ~ ? ? ?
? Withdrawn
William Ruland Voter 8 ? ? ?
? Supervisor's App[
? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ?
? Rescinded Christopher Talbot Seconder ~ ? ? ?
? Town Clerk's Appt Louisa P. Evans Mover D ? ? ?
? Sup[ Hgwys App[ Scutt Russell Voter ~ ? ? ?
? No Action
? Lost
2013-439
CATEGORY: Set Meeting
DEPARTMENT: Town Clerk
,Set Nex[ Regular Meeting
June 4, 2013 Page 5
Southold Town Board Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesda , June18, 2013 at Peconic Landin ,Green ort, New York, at 4:30 P.M..
~ Vote Record -Resolution RES2013-439
0 Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled -
James Dinizio Jr Voter (d ? ? ?
? Withdrawn
William Ruland Voter ' ? ? 0 ?
? Supervisor's Appt
? Tax Receivers Appt Jill Doherty Voter 0 ? ? ?
? Rescinded Christopher Talbot Seconder 0 ? ? ?
? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ?
? Supt Hgwys App[ Scott Russell Voter 0 ? ? ?
? No Action
? Los[
2013-440
C9TEGORY: Public Service
DEPARTMENT: Town Clerk
Appoint Caren Heacock as a Temporary Marriage Officer
RESOLVED the Town Board of the Town of Southold hereby appoints Cazen Heacock as a
Temporary Marriage Officer for the Town of Southold, on Saturday, June 15, 2013 only, to serve
at no com ensation.
~ Vote Record -Resolution RES2013-440
~ Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled
James Dinizio Jr Mover 8 ? ? ?
? Withdrawn William Ruland Voter D ? ? ?
? Supervisors Appt
? Tax Receiver's Appt LII Doherty Voter 8 ? ? ?
? Rescinded Christopher Talbot Voter ~ ? ? ?
? Town Clerk's App[ Louisa P. Evans Seconder D ? ? ?
? Supt Hgwys Appt Scot[ Russell Voter B ? ? ?
? No Action
? Lost
2013-441
C9TEGORY: Close/Use Town Roads
June 4, 2013 Page 6
Southold Town Board Meeting
DEPARTMENT: Town Clerk
Fleetsneck Property Owners SK Fun Run
Financiallmpact:
Total Police Cost for [he Event = $223.95
RESOLVED the Town Board of the Town of Southold hereby grants permission to
Fleetsneck Property Owners Association to hold a SK Fun Run in Fleetsneck. Cutchogue
on Saturday August 17, 2013, beginning at 9:00 AM, and to use the following route: begin at
Pequash Pazk, Pequash Avenue, Southern Cross Road, Holden Avenue, West Road, West Creek
Road, Old Pasture Road, First Street, Stillwater, Fleetwood Road, provided applicant meets all of
the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and
Town Roads. Support is For this yeaz only, as the Southold Town Boazd continues to evaluate
the use of town roads.
? Vote Record -Resolution RES-2013-041
0 Adopted
? Adopted as Amended
? Defeated yes/Aye No/Nay Abstain Absent
? Tabled
James Dinizio Jr .Voter ' 8 ? ? ' ?
? Withdrawn
William Ruland -Seconder ® ' ? ' ? ' ?
? Supervisor's Appt
? Tax Receiver's Appt Jill Doherty Mover ® ? ? ?
? Rescinded Christopher Talbot Voter 8 ' ? ? ?
? Town Clerk's Appt Louisa P. Evans Voter ' ® ? ? ?
? Sup[ Hgwys Appt Scott Russell Voter 0 ' ? ? ?
? No Action
? Los[
2013-442
CATEGORY.• Budget
DEPARTMENT: Planning Board
Budget Mod
Financial Impact:
The Town is reimbursed by the wireless carriers for 100% of the wireless consultant fees. Therefore, this
budget modification will not increase the Town's net expenditures.
Resolved, that the Town Board of the Town of Southold hereby modifies the 2013 Whole Town
Budget as follows:
TO•
Revenues
B.2115.40 Wireless Consultant Reimb $17,000.00
June 4, 2013 Page 7
Southold Town Board Meeting
TO•
Appropriations
B.8020.4.500.350 -Wireless Consultants $17,000.00
~ Vote Record -Resolution RES2013-442
0 Adopted
? Adopted as Amended
? Defeated Yes/Aye NoMay Abstain Absent
? Tabled
? Withdrawn James Dinizio Jr 'Voter 8 ? ? ?
? Supervisor's Appt William Ruland Mover ® ? ? ?
? Tax Receiver's Appt Jill Doherty Voter 0 ' ? ? ?
? Rescinded Christopher Talbot 'Voter ® ' ? ?
? Town Clerk's Appt Louisa P. Evans Sewnder ® ? ' ? ?
? Supt Hgwys Appt Scott Russell Mover ® ? ? ?
? No Action
? Lost
2013-443
CATEGORY.• Bid Acceptance
DEPARTMENT.• Police Dept
Accept Used Equipment PD Bids
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of William
Gaffga, III, in the amount of $95.00 for the Johnson Outboard motor and $80.00 for the Evinrude
Outboard motor, and be it further
RESOLVED that the Town Board accepts the bid of Kirsten Droskoski in the amount of 600.00
for the Quad.
~ Vote Record -Resolution RES-2013-443
0 Adopted
? Adopted as Amended
Yes/Aye No/Nay Abstain Absent
? Defeated
James Dinizio Jr Voter 0 ? ? ?
? Tabled
William Ruland Voter 8 ? ? ?
? Withdmwn
.Till Doherty Voter ~ ? ? ?
? Supervisors Appt
? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ?
? Rescinded Louisa P. Evans Mover ® ? ? ?
? Town Clerk's Appt Scott Russell Voter ~ ? ? ?
? Supt Hgwys Appt
? No Action
June 4, 2013 Page 8
Southold Town Boazd Meeting
? Lost
2013-444
CATEGORY.• Refund
DEPARTMENT: Town Clerk
Refund Disposal Sticker
RESOLVED that the Town Boazd of the Town of Southold hereby authorizes a refund to John
Severimi, 565 Gull Pond Lane, Greenport, Ny, in the amount of $15.00 as he purchased a dump
sticker twice for the same caz.
~ Vote Record - Resolu0ou RES2013-444
® Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled -
James Dinizio Jr Voter ' 0 ' ? ? ?
? Withdawn
William Ruland Voter 0 ? ? ?
? Supervisor's Appt
? Tax Receiver's Appt hll Doherty Voter 0 ? ' ? ?
? Rescinded Christopher Talbot Mover 0 ? ' ? ?
? Town Clerk's App[ Louisa P. Evans Seconder 0 ? ? ?
? Supt Hgwys App[ Scott Russell Voter 8 ? ? ?
? No Action
? Los[
2013-445
CATEGORY.• Committee Appointment
DEPART.NIENT.• Town Clerk
Appoint Sarah Benjamin to Youth Bureau Board
RESOLVED the Town Board of the Town of Southold hereby appoints Sarah Benjamin to the
Youth Bureau Boazd effective immediately through March 31, 2015.
~ Vote Record -Resolution RES2013-445
0 Adopted Yes/Aye ' No/Nay Abstain Absent
? Adopted as Amended James Dinizio Jr Mover 0 ? ? ?
? Defeated William Ruland Voter ? ? ~ ?
? Tabled Jill Doherty Seconder ~ ? ? ?
? Withdrawn Christopher Talbot Voter ~ ? ? ?
? Supervisor's Appt Louisa P. Evans Voer 8 ? ? ?
June 4, 2013 Page 9
Southold Town Board Meeting
? Tax Receiver's Appt Scott Russell Voter D ? ? ?
? Rescinded
? Town Clerk's Appt
? Sup[ Hgwys Appt
? No Action
? Lost
Comment regarding resolution 445
COUNCILMAN RULAND: Mr. Supervisor, I am going to recuse myself from this vote as you
may know, Ms. Benjamin is the director of CAST and my wife was recently appointed to the
Board of Directors for CAST.
2013-446
CATEGORY.• Contracts, Lease & Agreements
DEPARTMENT.• Accounting
Island Group 2013 Plan Administration
Financial Impact:
For administration of the Town's self-insured medical plan, including a rate of $23.00 per person per
month, up from $21.95 per person per month from the 2012 agreement. An increase to $24 per person
per month was included in the 2013 budget.
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an aereement with Island Group Administration,
Inc. for the administration of the Town of Southold Employee Health Plan for the 2013 calendar
year, said a reement sub~ect to the a royal of the Town Attorney.
~ Vote Record -Resolution RES-2013-446
0 Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled -
James Dinizio Jr Voter 0 ? ? ?
? Withdrawn -
William Ruland Voter 0 ? ? ?
? Supervisor's App[ -
?Tax Receiver's Appt Jill Doherty Mover 0 ? ? ?
? Rescinded Christopher Talbot Voter ~ ? ? ?
? Town Clerk's Appt Luuisa P. Evans Seconder D ? ? ?
? Supt Hgwys Appt Scott Russell Voter ~ ? ? ?
? No Action
? Lost
2013-447
June 4, 2013 Page ] 0
Southold Town Boazd Meeting
CATEGORY: Employment -Town
DEPARTMENT: Recreation
Hire Seasonal Summer Employees
RESOLVED that the Town Boazd of the Town of Southold hereby amends the resolution that
was approved at the May 21 meeting appointing the following summer seasonal employee for
the 2013 summer season, June 22 through September 2.
STILLWATER LIFEGUARD
Case Hamilton (2nd year) $12.44
(Case has informed the recreation department that she has found another job and is unable to
work this summer). and be it further
RESOLVED that the Town Boazd of the Town of Southold hereby appoints the following
individuals for the 2013 summer season, June 22 through September 2.
STILLWATER LIFEGUARDS HOURLY SALARY
MallaighNolan(lstyear) $12.17
SiobhanNolan(lstyear) $12.17
BEACH ATTENDANT
Jessica Rizzo (1st ear) $9.42
~ Vote Record -Resolution RES20/}447
0 Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled
James Dinizio Jr Voter 0 ? ? ?
? Withdrawn
William Ruland Mover 8 ? ? ?
? Supervisor's App[
? Tax Receiver's Appt 1111 Doherty Voter D ? ? ?
? Rescinded Christopher Talbot Voter ~ ? ? ?
? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ?
? Supt Hgwys App[ Scott Russell Voter ~ ? ? ?
? No Action
? Lost
2013-448
CATEGORY: Contracts, Lease & Agreements
DEPARTtY7ENT.• Town Attorney
Fishers Island Tennis Courts Lease Agreemen!
RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor
June 4, 2013 Pagel 1
Southold Town Board Meeting
Scott A. Russell to execute the Lease Agreement between the Town of Southold and the Fishers
Island School District in connection with maintenance of the tennis courts for a five year term at
a cost of $1.00 per year, subject to the filing with the Town Clerk of a One Million Dollar
Certificate of Insurance naming the Town of Southold as additional insured, and further subject
to the approval of the Town Attorney.
Vote Record -Resolution RES-2013-448
0 Adopted
? Adopted as Amended
? Defeated ' Yea/Aye No/Nay Abstain Absent
? Tabled
James Dinizio Jr Vo[er ' 0 ? ' ? ?
? Withdrawn
? Supervisor's Appt William Ruland Voter ' 0 ? ' ? ' ?
? Tax Receiver's App[ Jill Doheny Voter ' 0 ? ? ' ?
? Rescinded Christopher Talbot ' Seconder 0 ? ? ' ?
? Town Clerk's Appt Louisa P. Evans ' Mover - 0 ' ? ' ? ?
? Supt Hgwys Appt Swtt Russell ' Vo[er 0 ? ? ?
? No Ac[ion
? Lost
2013-449
CATEGORY.• Attend Seminar
DEPARTMENT: Engineering
Attend Long Lsland Green Infrastructure Conference and Expo
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michael
Collins, Jamie Richter and Sarah Cote to attend the Long Island Green Infrastructure Conference
and Expo in Brookhaven, NY, on June 12, 2013. All expenses for registration, travel to be a
le al char e to the 2013 bud et (meetin sand seminazs).
~ Vote Record -Resolution RES-2013-419
0 Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn James Dinizio Jr Voter D ? ? ?
William Ruland Voter 8 ? ? ?
? Supervisor's Appt
? Tax Receiver's Appt Jill Doherty Voter 8 ? ? ?
? Rescinded Christopher Talbo[ Mover B ? ? ?
? Town Clerk's App[ Louisa P. Evans Seconder 0 ? ? ?
? Supt Hgwys Appt Scott Russell Voter 0 ? ? ?
? No Action
? Lost
June 4, 2013 Page 12
Southold Town Boazd Meeting
2013-450
CATEGORY.• Budget Modification
DEPARTMENT: Trustees
DNA Testing of Town Creek Waters
Financiallmpact:
Budget transfer request is to enable and
fund monies for final agreement between Cornell Marine
Program and Town Shellfish Advisory Committee for DNA water testing for Town creeks including West
Creek, Wickham Creek and East (Eugene's) creek.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General
Fund Whole Town budget as follows:
From•
A.1440.4.500.200 MS4 Water Quality Testing $3,000.00
A.1990.4.100.100 Unallocated Contingencies $2,475.00
A.8090.4.600.100 Legal Notices 1 000.00
Total $6,475.00
To:
A.8090.4.100.650 Shellfish Advisory $6,475.00
~ Vote Record - Resolu[ioo RES-2013-050
0 Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn James Dinizio Jr Mover ~ ? ? ?
? Supervisor's Appt William Ruland Voter ® ' ? ? ?
? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ?
? Rescinded Christopher Talbot Voter 0 ? ? ?
? Town Clerk's Appt Louisa P. Evans Seconder 8 ? ? ?
? Supt Hgwys Appt Scott Russell Voter 0 ' ? ' ? ?
? No Action
? Los[
2013-451
CATEGORY.• Budget Modification
DEPARTMENT: Trustees
Funding for Board of Trustees Public Legal Notices
Financial Impact:
June 4, 2013 Page 13
Southold Town Board Meeting
For payment of monthly Public Legal Notices published in the local paper for Board of Trusdee Hearings.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General
Fund Whole Town budget as follows:
From•
A.1990.4.100.100 Unallocated Contingencies $1,000.00
To•
A.8090.4.600.100 Le al Notices $1,000.00
~ Vote Record - Resolufion RES-2013-451
8 Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Abseot
? Tabled - - -
? Wi[hdmwn James Dinizio Jr Voter 0 ? ? ?
? Supervisor's App[ WtOmm Ruland Seconder 8 ? ? ?
? Taz Receiver's App[ Jill DoherTy Mover ® ? ? ' ?
? Rescinded Christopher Talbot Voter ® ? ? ' ?
? Town Clerk's Appt Louisa P. Evans Voter ® ? ' ? ?
? Supt Hgwrys Appt Scott Russell Voter ' 8 ? ' ? ?
? No Action
? Lost
2013-452
CATEGORY: Budget Modification
DEPARTMENT: Accounting
Create Capital Budget for Dike Repair
Financial7mpact:
Create appropriation in the Capital Budget for Dike Repairs
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
establishment of the followin¢ Capital Proiect in the 2013 Capital Fund:
Capital Project Name: Emergency Watershed Protection Dike Repair
Financing Method: Grants from USDA- NRCS and HUD
Budget: Revenues:
H.4960.00 Fed Aid, Emergency Disaster Asst $ 463,075
H.4997.00 Fed Aid, Other Home & Community 1,528,147
Total $1,991,222
Appropriations:
June 4, 2013 Page 14
Southold Town Boazd Meeting
H.8745.2.000.100 Dike Re air $1,991,222
~ Vote Record -Resolution RES-2013-J52
0 Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn James Dinizio Jr Voter 0 ? ? ?
? Supervisor's Appt William Ruland Mover 8 ? ? ?
? Tax Receiver's Appt Jill Doherty I Voter 8 ? ? ?
? Rescinded Christopher Talbot ' Seconder 0 ? ? ' ?
? Town Clerk's Appt Louisa P. Evans :Voter 0 ' ? ? ' ?
? Supt Hgwys Appt Scott Russell Voter 8 ' ? ? ?
? No Action
? Los[
Comment regarding resolution 452
SUPERVISOR RUSSELL: Let me just explain, the town is merely the project's sponsor but
every penny of those figures that you heard, the $1.9 million is actually coming from two
separate sources. One is federal, called the Natural Resources Conservation Service, is for 70
percent of the cost and I believe 30 percent of the cost will come from the State of New York
through the Sandy relief aid, that was distributed to New York State. The Town is the budget
sponsor, we will be overseeing the work, working with those agencies to get the work done but
at the end of the day, no Southold tax payers will be paying for any of this. All of the work,
including the (inaudible) engineering, surveying, all this paid for by those agencies.
COUNCILMAN DINIZIO: And the dikes are protecting farms.
SUPERVISOR RUSSELL: The dikes are protecting historic farms in Southold Town. I believe
there are four farms in all that are dependant on those dikes to continue to grow.
2013-453
CATEGORY.• Legal
DF'PARTMF,NT: Town Clerk
Designation in Accordance with New York State Uniform Notice of Claim Act
WHEREAS, New York State has amended the General Municipal Law §53 and enacted the
Uniform Notice of Claim Act requiring all municipalities to file a Certificate with the Secretary
of State designating the Secretary of State as an agent for service of a Notice of Claim; and
WHEREAS, such Certificate shall designate the New York State Secretary of State as the
Town's agent for service of Notices of Claim in compliance with the newly enacted law; and
WHEREAS, General Municipal Law §53 requires the Certificate to include the applicable time
June 4, 2013 Page ] 5
Southold Town Board Meeting
limit for filing the Notice of Claim and the name, post office address and electronic mail address,
if available, of an officer/person, for the transmittal of notices of claim served upon the Secretary
as the Town's agent; and
RESOLVED that the Town Board of the Town of Southold hereby designates the New York
State Secretary of State as the Town's designated agent for service of any Notices of Claim
served upon the Secretary of State; and be it further
RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to
file the required Certificate evidencing such designation with the Secretary of State, together
with the name and address of the Town Clerk as the person to whom such Notices of Claim aze
to be transmitted in accordance with the new le islation on or before Jul 14, 2013.
~ Vote Record -Resolution RES-2013-053
0 Adopted
? Adopted as Amended
? Defeated Yes/Aye NoMay Abstain Absent
? Tabled
? Withdrawn lames Dinizio Jr -Voter 0 ' ? ? ?
? Supervisofs Appt William Ruland Voter ' 0 ' ? ' ? ?
? Tax Receiver's Appt Jill Doherty Voter 8 ? ' ? ?
? Rescinded Christopher Talbot Seconder 8 ? ? ?
? Town Clerk's Appt Louisa P. Evans Mover ® ' ? ? ?
? Supt Hgwys Appt Scott Russell Voter ' 0 ' ? ? ?
? No Action
? Los[
2013-454
CATEGORY: SupportMon-Support Resolution
DEPARTMENT: Solid Waste Management District
Support for NYS Product Stewardship Legislation on Mercury Thermostats
MEMORIALIZING RESOLUTION URGING STATE REPRESENTATIVES TO
ENACT PRODUCER RESPONSIBILITY LEGISLATION FOR MERCURY
THERMOSTATS SOLD IN NEW YORK STATE
WHEREAS, exposure to mercury leads to serious adverse health effects; and
WHEREAS, mercury-containing thermostats are a significant source of preventable mercury
pollution; the US EPA estimates that 2 million - 3 million mercury thermostats come out of
service in the US each year; and
June 4, 2013 Page 16
Southold Town Board Meeting
WHEREAS, each such thermostat contains four grams of mercury; about 800 times more
mercury than a compact fluorescent bulb; and
WHEREAS, over the last 15 yeazs, the use of mercury in US thermostat manufacturing has been
reduced from 13 - 21 tons annually, to less than one ton per year; attributed to state legislation
banning the sale of new mercury thermostats and the ending of mercury thermostat production
by Honeywell, White Rodgers, and General Electric; and
WHEREAS, millions of mercury thermostats containing several hundred tons of mercury aze
still in US homes and businesses; and
WHEREAS, an industry sponsored, voluntary recycling program, called the Thermostat
Recycling Corporation (TRC) has collected, according to the US EPA, less than 5% of the
mercury thermostats that came out of service; and
WHEREAS, TRC collected 3,774 themostats for all of NY State in 2008; about 1% of the
mercury containing thermostats that are discazded each year in NY; and
WHEREAS, nationally, as well as in New York State and on Long Island, almost all such
mercury thermostats aze tossed with the regulaz trash stream; and
WHEREAS, several states have enacted legislation to establish programs whereby
manufacturers of such mercury thermostat devices would be responsible for the collection,
recycling/reuse, or proper disposal of discazded mercury thermostat devices, which may include
using existing collecting and consolidation infrastructure or creating a new jointly managed
system with processors, reuse organizations, waste management public entities, retailers, and
others; and
WHEREAS, on February 27, 2013 the New York State Product Stewazdship Council (NYPSC)
and the New York State Association of Reduction, Reuse and Recycling (NYSAR3), through
Resolution strongly supported State legislation that mandates producer responsibility for mercury
thermostat devices,
NOW, THEREFORE BE IT RESOLVED that The Town Board Of The Town Of Southold
hereby urges the New York State Legislature to support legislation requiring producers of such
mercury thermostat devices to set up and fund programs to deal with their collection and proper
disposition through the passage of Senate Bill 5.1676, "The Mercury Thermostat Collection Act,"
and Assembly Bill A.1048, "An Act to amend the environmental conservation law, in relation to
the collection of mercury thermostats'; and
BE IT FURTHER RESOLVED that this resolution shall take effect immediately and that the
Town Clerk of the Town of Southold shall submit a certified copy of this resolution to State
Assemblyman Fred Thiele, State Senator Kenneth LaValle, and Governor Andrew Cuomo.
Voce Record -Resolution RES-2013-454
D Adopted
? Adopted as Amended Yes/Aye No/Nay Abstain Absent
June 4, 2013 Page 17
Southold Town Boazd Meeting
? Defeated James Dinizio Jr Voter 8 ? ? ?
? Tabled William Ruland Voter 0 ? ? ?
? Withdrawn Jill Doherty Voler 0 ? ' ? ?
? Supervisor's App[ Christopher Talbot Mover ' ® ' ? ' ? ?
? Tax Receiver's App[ Louisa P. Evans Seconder ® ? ' ? ?
? Rescinded Scott Russell Voter 0 ? ? ?
? Town Clerk's App[
? Supt Hgwys Appt
? No Action
? Los[
Comment regarding resolution 454
SUPERVISOR RUSSELL: Let me just clarify, that is actually modeled on similar law that was
passed a few yeazs ago to remove electronic waste from the waste stream. Disposing of
electronic waste is very costly, it was basically legislation passed at the state level that told the
producers of the e-waste, you need to be part of the solution here for the end result. Mercury
based thermostats are costly to dispose of properly. The idea is to have the retailers that aze
producing them to be part of the solution, to make sure that they aze being culled out from the
waste stream and that the costly expense of disposing of them properly is borne by these
companies. And what you see now down in our re-use center or transfer center is we have a
whole a-waste section there. We are able to take all your items for free. That is all actually
being funded partially by the retailers that produce those items to begin with.
2013-455
CATEGORY.• Bid Acceptance
DEPARTMENT: Highway Department
Accept Bid
for Road Treatment -Item #7
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Thomas H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified
Asphalt Pavement TyPe II Micro-Surfacing within the Town of Southold, all in accordance
with the bid specifications and Town Attorney, and as follows:
Type II Micro-Surfacing $ 2.42 per sq. yd.
Truin & Leveling (Type 5 -Shim) $180.00 per ton
? Vote Record -Resolution RES-2013-455
0 Adopted Yes/Aye No/Nay Abstain Absent
? Adopted as Amended James Dinizio Jr Mover ~ ? ? ?
? Deteated William Ruland Voter D ? ? ?
? Tabled Jill Doherty Voter B ? ? ?
? Withdrawn Christopher Talbot Voter 8 ? ? ?
? Supervisor's App[ Louisa P. Evans Seconder 8 ? ? ?
? Tax Receiver's Appt Scott Russell Voer 0 ? ? ?
June 4, 2013 Page 18
Southold Town Board Meeting
? Rescinded
? Town Clerk's Appt
? Supt Hgwys App[
? No Action
? Lost
2013-456
CATEGORY: Bid Acceptance
DEPARTMENT.• Town Clerk
Rejects Various Road Treatment Bids for the Calendar Year 2013 and Re-Advertise
RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids
received for the following Road Treatments:
Item # 2 Oil & Stone
Item # 5 Type 6 Top
Item # 8 Type 6 pick up
and be it further
RESOLVED that the Town Clerk is herebv authorized and directed to re-advertise for
various road treatment bids for the calendar ear 2013.
? Vote Record -Resolution RES-2013-456
8 Adopted
? Adopted as Amended
? Defeated
Yes/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn lames Dinizio Jr Voter ~ ? ? O
? Supervisor's Appt Wdham Ruland Seconder 0 ? ? ?
? Tax Receiver's Appt Jtll Doherty Mover 0 ? ? ?
? Rescinded Christopher Talbot Voter 0 ? ? ?
? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ?
? Supt Hgwys Appt Scott Russell Voter 8 ? ? ?
? No Action
? Lost
2013-457
CATEGORY: Public Service
DEPARTMENT: Town Attorney
Unsafe Building/.SCTM #1000-89-3-1. I
June 4, 2013 Page 19
Southold Town Board Meeting
WHEREAS, the Chief Building Inspector of the Town of Southold inspected the property
located at 1275 Cedar Beach Road, Southold, SCTM #1000-89-3-1.1 and prepazed a written
report of his findings in the form of a Notice dated April 29, 2013; and
WHEREAS, the Chief Building Inspector determined the structure to be unsafe and dangerous
due to inadequate maintenance, neglect, dilapidation and abandonment; and
WHEREAS, said Notice was sent certified mail to the interested parties, Hilco Real Estate and
JNL Funding, LLC; and
WHEREAS, the Notice advised that the property must be made safe, and if the owner failed to
comply, that a hearing would be held before the Southold Town Board on June 4, 2013; and
WHEREAS, the owner or agent failed to remediate the premises or demolish the structure prior
to said date; and
WHEREAS, the Southold Town Board held a hearing pursuant to Chapter 100 of the Southold
Town Code on June 4, 2013 at 9:00 a.m. The Southold Town Boazd heard testimony from
Michael Verity, Chief Building Inspector, and testimony from Michael Tsandilas, as Trustee of
TFC Liquidating Trust, successor in interest to JNL Funding, LLC, and reviewed documentary
evidence, including notice sent to the property owner and photographs of the premises; and
WHEREAS, the property is currently in foreclosure and by order of the Honorable Peter H.
Mayer, J.S.C., is to be sold at auction on or about July 16, 2013; now, therefore, be it
RESOLVED that, pursuant to the provisions of Chapter 100 of the Southold Town Code, the
Town Board of the Town of Southold hereby determines that the structure located at 1275
Cedar Beach Road Southold is unsafe and dan Brous to the ublic in its current state.
? Vote Record -Resolution RES-2013-457
8 Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn lames Dinizio Jr Voter D ? ? ?
? Supervisor's Appt William Ruland Mover D ? ? ?
? Tax Receiver's Appt Jdl Doherty Voter D ? ? ?
? Rescinded Christopher Talbo[ Voter D ? ? ?
? Town Clerk's Appt Louisa P. Evans Seconder ~ ? ? ?
? Supt Hgwys Appt Scott Russell Voter ? ? ~ ?
? No Action
? Lost
Comment regarding resolution 457
June 4, 2013 Page 20
Southold Town Board Meeting
SUPERVISOR RUSSELL: I will need to recuse myself, I was not present for the hearing this
morning. I was late.
2013-458
CATEGORY: Advertise
DEPARTMENT: Town Attorney
Advertise for Bids for Animal Shelter Solar
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bids for the design, purchase and installation of outdoor solar panels
for the purpose of providing shade for the animals and generating electricity at the Town's
Animal Shelter Facility, in accordance with specifications prepared by the Office of the Town
En ineer.
? Vote Record - Resoluton RES-201358
® Adopted
? Adopted as Amended
? Defeated Yes/Aye NoMay Abstain Absen[
? Tabled
? Withdrawn James Dinizio Jr Voter ' 0 ? ' ? ?
? Supervisor's Appt William Ruland ' Voter ® ' ? ' ? - ?
? Tax Receiver's Appt Jill Doherty 'Voter ® ? ? ?
? Rescinded Christopher Talbot Seconder ® ' ? ? ?
? Town Clerk's Appt Louisa P. Evans 'Mover ® ' ? ? ?
? Supt Hgwys Appt Scott Russell 'Voter 0 ? ? ?
? No Action
? Lost
2013-459
CATEGORY.• Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
FI Bay Patrol Agreement/Alex Williams
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Alex
Williams, Fishers Island, to perform services as a Fishers Island Bay Patrol, effective January 1,
2013 through December 31, 2013, at a compensation rate of $2,576.56, plus approved expenses,
subject to the a royal of the Town Attorney.
? Vote Record -Resolution RES-2013-459
D Adopted Yes/Aye No/Nay Abstain Absent
? Adopted as Amended James Dinizio Jr Voter ~ ? ? ?
? Defeated William Ruland Voter 8 ? ? ?
? Tabled Jill Doherty Voter 0 ? ? ?
June 4, 2013 Page 21
Southold Town Board Meeting
? Withdrawn Christopher Talbot Mover 8 ? ? ?
? Supervisor's Appt Louisa P. Evans Seconder 0 ? ? ?
? Tax Receiver's Appt Scott Russell Voter ' 0 ? ' ? ' ?
? Rescinded
? Town Clerk's Appt
? Supt Hgwys App[
? No Action
? Lost
VI. Public Hearin¢s
Motion To: Motion to recess to Public Hearing
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
6/4/13 PH @ 7:32 PM LL/Mill Road Parking
RESULT: CLOSED [UNANIMOUS)
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
Councilman Christopher Talbot
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 7th day of May, 2013,
a Local Law entitled "A Local Law in relation to the Removal of Parking Restrictions on
Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths
Inlet" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold, New York, on the 4th day of June, 2013, at 7:32 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 the Removal of Parkin¢
Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48
and Goldsmiths Inlet" reads as follows:
LOCAL LAW NO. 2013
June 4, 2013 Page 22
Southold Town Board Meeting
A Local Law entitled, "A Local Law in relation to the Removal of Parking Restrictions on
Inlet Road (a/Wa Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths
Inlet".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
Parking restrictions associated with Goldsmiths Inlet in the hamlet of Peconic has
resulted in excessive signage that negatively impacts the public's health, safety and
welfare in the surrounding community. Accordingly, it is necessary to remove the
parking restrictions from Soundview Avenue South to County Route 48 to reduce the
excessive signage on Mill Road.
II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§260-8. Parking prohibited at all times.
Name of Street Side Location
Inlet n a i n.i.. ~,r:tt r °«e~
n,.~~ °°c° ::n ~ rt,e .,~~t,~
T«h°.~....M:°« ..Fn « rnk° w..n.~ ti«°.v« n
r «°«4{.°nt. 4.. 4t..a n°..}t. °«tar :«4°nn°nti°n
Name of Street Side Location
Mill Road Both At Peconic, between from the
southerly intersection of a private
road known as Miami Avenue ,and
~~~~4a and Mill Road
southeasterly to the northwesterly
intersection of Soundview Avenue
and Mill Road
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 in the Suffolk Times on May 30, 2013 and that it was posted on
June 4, 2013 Page 23
Southold Town Board Meeting
the Town Clerk's bulletin board on May 24, 2013 and that is it.
Peter Terranova, Peconic
PETER TERRANOVA: Peter Terranova, Peconic. The reason why we are here is that there is
confusion as to what you want because according to, and I just printed this out from the Town of
Southold website....
COUNCILMAN TALBOT: Hold on a second there, Peter. Let me just read it right off of the
folder. (Reads Local Law again)
MR. TERRANOVA: That is absolutely fine but then it goes on to say as part of the amendment
is that the parking prohibited hours at all times from the northerly intersection of a private road
known as Miami and Inlet Road, Mill Lane, northerly to the southerly intersection of Second
Avenue. In other words, on one hand....
COUNCILMAN TALBOT: It reads as follows: Mill Road which is on both sides at Peconic
from the southerly intersection of a private road known as Miami Avenue and Mill Road
southeasterly to the north westerly intersection of Soundview Avenue and Mill Road. And that
is what was posted in the legal notice.
MR. TERRANOVA: You are absolutely right. In other words, if you take Mill Lane, let's call it
Mill Lane instead of all these aliases. Divide Mill Lane between Route 48 and Soundview
Avenue and Soundview Avenue goes off to Kenney's beach and Soundview Avenue down to the
inlet, so let's use that as the dividing lines, okay? Your first statement here, okay, as the purpose
is you want to remove the parking restrictions from Route 48 to Soundview Avenue. Nobody
has any problem with that. Then you go on to say okay, you aze going to remove the parking
restrictions from, in this case, from Soundview Avenue all the way down to Second Avenue. So
this is, I think people have got their norths and souths all confused.
SUPERVISOR RUSSELL: Okay. To be honest, I thought the intention was to remove the no
pazking from CR 48 down to Soundview. And then from there, because of the concerns with the
use of the beach, was to go by sticker only as we headed north towards the beach.
MR. TERRANOVA: I think you go by exactly the way it is now because what you enacted last
year, okay, has worked beautifully.
SUPERVISOR RUSSELL: Okay.
MR. TERRANOVA: It worked absolutely beautifully. And from, while not Soundview, you
can even go from Route 48, actually I talked to a number of the residents because there are a
number of them around the corner there where Mill Lane, you know, the homes along the pond,
okay, you can remove the pazking restrictions from Route 48 down to Miami Avenue. Okay?
Right? Isn't that, down to Miami Avenue. Then from Miami Avenue down to the water, Second
Avenue down to the end, just leave it the way it is. No, well, the people, in all honesty....
UNIDENTIFIED: Traffic going both ways.
June 4, 2013 Page 24
Southold Town Board Meeting
SUPERVISOR RUSSELL: Right.
UNIDENTIFIED: And there are no sidewalks.
SUPERVISOR RUSSELL: I know.
UNIDENTIFIED: Inaudible.
COUNCILMAN TALBOT: Ma'am, could you step up to the microphone?
SUPERVISOR RUSSELL: Yes, for the....
UNIDENTIFIED: I was here two years ago when we started the whole petition...
SUPERVISOR RUSSELL: Right.
UNIDENTIFIED: And it is all about the safety.
SUPERVISOR RUSSELL: Right.
UNIDENTIFIED: And if all of us and the other people that we didn't realize it was going on
until Sunday night, I am here to represent everybody. We have all had instances where we have
neazly been hit by a car, two or three times. Not once, more. And when you are coming down
Mill, there is that hill. There is that blindspot. There is no place to go.
SUPERVISOR RUSSELL: Right.
UNIDENTIFIED: You have cars, even if it is with permits, it is still a danger. You are opening
yourself up to accidents. People getting hurt. If it's from Soundview down to the inlet, we aze
good.
COUNCILMAN TALBOT: What are you saying?
UNIDENTIFIED: No, we are good with where the signs are now. You want to take the signs
out from Soundview up to Route 48, go right ahead. We weren't concerned about that in the
beginning anyway. We wanted it from Soundview down.
SUPERVISOR RUSSELL: Understood.
COUNCILMAN TALBOT: Wouldn't that leave in place no pazking from Soundview down to
wherever that is, Second Avenue?
UNIDENTIFIED: Goldsmiths inlet.
June 4, 20] 3 Page 25
Southold Town Board Meeting
COUNCILMAN TALBOT: No parking?
UNIDENTIFIED: No parking.
COUNCILMAN TALBOT: This is, a lot of the complaints about last summer when people were
having parties on the weekends or evenings and there were cars parked out there that the Traffic
Control Officers would go down there and write tickets.
UNIDENTIFIED: Well, we were told (inaudible) call the police department, let them know
when you were having a party, put signs in windshields and that would be fine. Inaudible.
SUPERVISOR RUSSELL: But what, I have to be candid with you, what had happened was
after we put the no parking in, we had so many requests that the police department said, look, we
need to know that we aze enforcing the law that you passed. So if you are going to keep creating
exclusions to the law, then why did you, so that is an issue, one of the mistakes I think I made in
the beginning is I sat down with a group of residents and tried to solve this issue and I didn't give
it to the Transportation Commission. The Transportation Commission is made up of the police
chief, the highway superintendent, all of the people that would be governing the use of the road.
Their concern is, you know, if you are going to put up no pazking, then you need to mean no
parking. Because you can't just keep giving people permission slips to no honor the no parking.
Otherwise, it is the unintended consequence of why did you pass the law to begin with? So, but
it....
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: I know, we have been doing it. We have been doing it. That is what
we have been doing but the chief of police has raised the issue, saying if you are going to have
no parking, then you need to mean no parking. So what I will do is take all the comment you
have and all your suggestions you have tonight and certainly suggest to the Board that we don't
pass anything tonight because we might need to just meet again informally and get it all down on
paper what everybody would like. But it was well intended at the time to try to address a
problem there.
TOWN CLERK NEVILLE: May we have your name please?
SUPERVISOR RUSSELL: Just for the record we need to have your name.
UNIDENTIFIED: Inaudible
George Aldcroft
GEORGE ALDCROFT: George Aldcroft, I just have to say, you know, by putting those signs
up it has made a tremendous difference on that street. The sad part is we had, for many yeazs we
didn't need them, then we seemed to have a large group of people that came down there with
dump stuff, we also had to worry about the people fishing, the fishing lines and everything like
that and I am one of the groups as a matter of fact, that June 15`n we aze going to be doing
another inlet cleanup. I don't mind cleaning up stuff that comes in but I don't want to clean up
June 4, 2013 Page 26
Southold Town Board Meeting
garbage that is left when people that have no respect for this area and that is why we wanted to
put the signs up at first. And actually it seems to me that if anybody wanted to, we could work
out something with the Chief of Police, whether it is pazking with permission because when we
do cleanups, I try to put signs in the caz. I want to have as many people as willing to work on
that inlet as possible. I have got ROTC helping, I have got a number of people coming down, if
we can take as much out of that inlet and help you clean, that is what we are trying to do. Keep
this azea as pristine as possible but I mean, obviously, if somebody wants a yard sale, who lives
there, we have got to find a way that they should be able to do that. If somebody like a next door
neighbor has a wedding, they ought to be able to have that. I don't see why that should present a
problem when we have something that we aze doing for the local people who live there...
SUPERVISOR RUSSELL: You just need to understand that local people that live there but that
is a public road that is maintained by the taxpayers of the town in its entirety, so if we just start
putting up no pazking signs and but no pazking for anybody but unless you live here....
MR. ALDCROFT: I know, it is like parking with permission, I mean, I don't know if you can
put the sign that way, you know, we have got to come up with some solution. If you take those
signs down, I azn afraid we aze going to go back to the word will get out again, on the Internet
etc. We aze going to have to go through the same crap that we went through before, with groups
of people coming out here, having no respect for the azea. That is what bothers us. Not the
people come out, it's that they have no respect for the azea. And that we have to somehow find a
way to prevent, so we continue to keep this place a wonderful place to live.
COUNCILMAN TALBOT: Let me just clarify something, this, you probably can't see this but
what is being proposed tonight that will change, this being Sound Avenue, from there to Route
48 is being changed to pazking with permit, not a no parking. The part from Sound Avenue
heading down to Goldsmiths Inlet, as it is now to Second Avenue is going to remain no pazking
and then the parking with permit from there on out as it is now. So the only part that is changing
now is from there to 48.
MR. ALDCROFT: Well, I have a town sticker, so 1 could be parked out there and I will be fine.
SUPERVISOR RUSSELL: Right.
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: Right.
COUNCILMAN TALBOT: Last summer there was a whole different group of people from that
area that came to complain that we put up all the no parking signs.
MR. ALDCROFT: Yeah. I can see from Sound Avenue all the way up....
SUPERVISOR RUSSELL: Just so you know, but I will take responsibility for that because I
have to tell you, our experiences in other communities as these beaches become discovered and
June 4, 2013 Page 27
Southold Town Board Meeting
used and abused, what happens is, it is amazing how far people are willing to walk and they
seem to pazk right where the no parking stops. So this was an effort not to create a problem up
the road from there but to try to solve the whole problem but to try to solve the whole problem
and perhaps was overreaching on my part. I met with a group of people and I will take full
responsibility for it but what we have proposed now will be basically what Councilman Talbot
just outlined, that is basically what the law is.
COUNCILMAN TALBOT: Yes, right now it is no parking from 48 all the way down until it
gets to 2"d Avenue.
SUPERVISOR RUSSELL: And what it will be is parking by permit only.
COUNCILMAN TALBOT: And now it is going to change just from 48 to Sound.
MR. ALDCROFT: Inaudible. To see the exact wording because like you just say....
COUNCILMAN TALBOT: Well, the second time, the pazaphrase that we had was just incorrect
but it stated....
MR. ALDCROFT: Okay, we will get a file and then we will be able to make an opinion based
upon that, too. Okay. Thank you.
Robert Dunn
ROBERT DUNN: Robert Dunn, Mill Lane. You say we have now no parking from where to
where?
COUNCILMAN TALBOT: From Second Avenue all the way up to 48.
MR. DUNN: And then we have from Second Avenue to Goldsmiths?
COUNCILMAN TALBOT: Pazking with permit only.
MR. DUNN: That supposedly is only on one side. If you park cars on both sides of that street
there....
COUNCILMAN TALBOT: That is right, because it is a tight turn on the inside.
MR. DUNN: You couldn't get a bicycle through. So that was the first mistake. That was when
we first put up, there were signs put on both sides of the road, parking by permit. Inaudible. But
now what we have is we have four houses and only four houses, the whole length of Mill Lane
that you can park on. That is not fair. That is just not fair. It is also confusing, it is not enough
parking in the parking lot, that would seem to apply to this busy beach. Because it is a busy
beach. Why don't we have garbage cans like the other three beaches nearby? I have already
made one trip to the dump. The second thing is you guys all voted just three months ago to
exclude Goldsmiths beach from the list of bathing beaches, so I don't know why we need the
overflow from the parking lot at all. And if in fact they do, there is a place that the town actually
June 4, 2013 Page 28
Southold Town Board Meeting
owns opposite Second Avenue, a little north and a little south of it, the town owns but there is a
shoulder that peo~le could pazk on with permits should the need arise on those rare occasions,
Memorial Day, 4` of July and Labor Day. Other than that, the pazking lot is never full, so there
is no need for that. If you wanted, as faz as the signs, if you are going to have parking by permit,
you are going to end up with as many signs as you have now. Up till Sandy, at7/10`s of a mile,
there were 77 signs, that's Bruckner Boulevard. So this really needs to be clarified, what you
said before about maybe a casual meeting on it, I think it would be appropriate (inaudible). Your
new change is not going to resolve the issue of the people who actually came to you last summer,
the smaller properties that aze adjacent to the inlet pond, between Miami Avenue and Sound
Avenue, they have nowhere to park. No offense to anyone but there is a lot of people who,
politicked for this no pazking. They don't live on Mill Lane. They live on adjacent properties,
with private roads that have big signs that say for residents and their guests only. The people
that live on Mill Lane that are affected by this no pazking, they have no where to (inaudible) .
The four houses that I spoke of that right now you made pazking by permit, we kind of worked it
out between ourselves, if we do have guests, we pazk in one another's driveways and it works. I
personally would like to see the pazking by permit gone from those four houses. To date, it
hasn't been a problem but as we get busier and things change and they will, I don't want to see a
point come that I or my family can't park in front of my house, while the parking lot is for
everybody else, especially when there is town property with a shoulder that sits unused, I mean,
there is plenty of room just a few feet down the road, at the point of my house and these four
houses on the street is the narrowest point of the road and that road actually becomes a sidewalk
as you said a little while ago, from probably Miami on down everybody walks, bicycles, baby
carriages and walking, I mean parking really isn't needed although it should be there because it
does create (inaudible).
COUNCILWOMAN DOHERTY: Just a suggestion, when we have our informal meeting,
maybe we should have it down at Goldsmiths?
UNIDENTIFIED: Inaudible.
MR. DUNN: No pazking.
UNIDENTIFIED: Inaudible.
MR. DUNN: No parking.
UNIDENTIFIED: Inaudible.
MR. DUNN: No parking.
COUNCILMAN TALBOT: Bob, the parking by permit only was in place all last summer, how
did that work out?
MR. DUNN: The parking by permit....
June 4, 2013 Page 29
Southold Town Board Meeting
COUNCILMAN TALBOT: By your house.
MR. DUNN: The parking by permit was put in place, it was put in place by mistake on both
sides of the road and we went back and forth (inaudible) and then it was just changed so you
could pazk on my side of the street with a permit. I was, if you were going to answer my wish, it
would be no pazking, just no pazking. Because if you want to have overflow parking for the
parking lot, there is an appropriate place that there is a grass shoulder on land that is owned by
the town and by the county a little south of me, it wouldn't impact anyone's home, it wouldn't
put any cazs on the blacktop....
SUPERVISOR RUSSELL: You are talking about the preserve that is around the block?
MR. DUNN: It is not a preserve, no, no. It is adjacent....
SUPERVISOR RUSSELL: Okay, the other piece.
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: Can I make a suggestion, this because it is a formal public meeting
on what is proposed, cleazly I don't think the Boazd at this point, I don't want to speak for them
but it is not likely we aze going to vote on this tonight and this needs to have a little bit more of
an informal discussion, only because you can see that we are getting you know, when it comes to
cleaning up the inlet at Goldsmiths, we will get together and clean up the place in a day but when
it comes to deciding on what parking should be there or not, I am getting five different and it is
getting confusing. We need to sit down with the people that would be, maybe the police chief
and some others that maybe can bring something to the conversation. So what we can do is we
will just table this tonight if the Board will consider that and then set something up so that we
can hear all these concerns because right now I am hearing some different concerns. The
intention of the no parking was to stop the overflow from the beach. We have ample parking
facilities at the beach and there is only so much a beach can hold. The idea of the no parking
was to say, you know what, this beach is full and you might need to find another beach.
MR. DUNN: 1 think the idea of the no parking was really because there was some people who
were abusing (inaudible)
SUPERVISOR RUSSELL: Absolutely.
MR. DUNN: Inaudible.
SUPERVISOR RUSSELL: Right.
MR. DUNN: It was really between Second Avenue and Miami, was being abused. It is a jungle
there.
SUPERVISOR RUSSELL: Yes.
June 4, 2013 Page 30
Southold Town Board Meeting
MR. DUNN: So it was really (inaudible) and dump their car and nobody was saying anything
because there were no laws.
SUPERVISOR RUSSELL: That is what we were trying to address.
MR. DUNN: And when they came home, when they went home at night, whatever they didn't
need to take with them, they left in front of these people's houses. No one wants to wake up to
that every morning. To be honest, that didn't happen in my house but I don't miss those people
not being there because on many occasions, they went fishing at 9:00 with a case of beer and left
the empty cans in front of her house but they hoot and howl in front of my house. So I don't
miss it. So I don't miss it. You know, the no parking is effective. It is effective and the fact that
it screws up, you know, being able to invite 20 people over my house, well, we get around that.
We get around that.
UNIDENTIFIED: Well, we all do. All of us don't have that much parking. Inaudible.
MR. DUNN: But if you are off (inaudible) as long as you are an owner.
UNIDENTIFIED: Inaudible.
MR. DUNN: Understood. Understood. But I am just saying once you get off....
SUPERVISOR RUSSELL: I am sorry....
MR. DUNN: Inaudible.
COUNCILMAN TALBOT: If we table it now, it is just going to remain as it is. No parking
from 48 all the way down to Second Avenue.
SUPERVISOR RUSSELL: Until we can have an informal discussion. But I do have to tell you,
from a legal perspective, it is very difficult to put a no parking designation in a town code and
say no parking for anybody but the people that live there. so we do have to think about that.
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: Understood. Understood. But I know we were issuing those special
passes last year as a stopgap measure because we saw the ramifications of the no parking but the
Chief is asking for something of a more permanent solution so we don't have to keep doing that.
And we will have him come, we will be able to work this out.
JUSTICE EVANS: It doesn't mean events like weddings you can't get parking....
SUPERVISOR RUSSELL: Right. Those one off events. Okay.
June 4, 2013 Page 3l
Southold Town Board Meeting
INAUDIBLE COMMENTS
SUPERVISOR RUSSELL: So what we will do is we will get all the neighbors and if you think
it will be, we can do this on a weekend or a weeknight. Whatever you think is convenient, to get
everybody in here to try to get this all resolved.
COUNCILWOMAN DOHERTY: Scott, maybe we can do this at the site so we can all see what
everybody is talking about, so there is less confusion.
MR. DUNK: That I think would be a big help (inaudible).
SUPERVISOR RUSSELL: Alright, well, we will work something out.
UNIDENTIFIED: Inaudible. We have got to get the terminology right. Soundview Avenue
runs from Mill Lane down to Kenney's beach. Soundview, Sound Avenue regazdless of what
the tax map says, Sound Avenue is at the end of Mill Lane and the private road running west.
Second Avenue is the next road south of (inaudible) that runs west. Inaudible. Words have
meaning, I know you all know that but if you throw out Sound, Soundview....
COUNCILMAN TALBOT: No, I think it was written that way. I had said Sound Avenue, it's
Soundview. So I messed it up on the pronunciation of it.
UNIDENTIFIED: You know, if you are not sure.....
COUNCILMANT TALBOT: I am sure, I am looking at a map, I see Sound Avenue, Huntington
Boulevard, Second Avenue. We have got it all. Fasbender. I make a motion to close this
hearing.
Supervisor Russell
SUPERVISOR RUSSELL: What we will do is set something up in the very near future. What I
am going to ask some of you to do is just, we are going to need point people to serve as
emissaries, so I can reach out to all of you. Perhaps I can have you sign and give to us email
addresses and cell phone numbers and we will get something moving forward on that.
Events
Community Meeting to Discuss Road Use Policy
Supervisor Russell
SUPERVISOR RUSSELL: Okay, that is all we have on that, I think that is all we have on the
official business of the Town Board. What we did was schedule an opportunity for the public to
be heard on recently adopted policy which governs the use of roads for special events, I would
ask anybody that would like to comment and address the Town Board on this particular issue to
please feel free. And I just want to remind you before you speak to mention your name and your
hamlet.
June 4, 2013 Page 32
Southold Town Board Meeting
Corey Roberts, Event Power L.I.
CORY ROBERTS: Good evening. My name is Cory Roberts, I work for Event Power Long
Island and we have produced many events on Long Island including the Mighty North Fork
Triathlon that happens at Cedaz Beach on I think it is the weekend after July 4`h. Happens at
Cedar Beach and that event is now 14 years, moving into its 14a' year this yeaz and I wanted to
come and talk a little bit about the new policy that is in place and see if it is possible by the end
of tonight that we could maybe leave with some kind of agreement that we would be an event
that you would grandfather in wouldn't hold us to this policy. A couple of reasons are: your
policy goes into a spin about a 501-3C or a not for profit, we aze not a not for profit, we are a for
profit company. And we aze very honest about that. We do come to a town to make some profit,
so there is about 5 employees, 5 full time employees and 60 part time employees that work the
event. We see a lot of it in not for profits that it becomes a certain kind of business model to
come to a town and put on an event. It is very easy for us to flip the switch and become a not for
profit and still make sure that maybe we give ourselves $100,000 each and at th e end of the day,
our not for profit only makes $500,000 profit, so we give that away. That's $500 profit and we
give that away. So we are very straightforward on that. We do work with town not for profits.
Why we are here. We service, we had our beneficiary, our main beneficiazy is CAST in the
Town of Southold, we also donate to the Southold Fire Department and we have (inaudible) the
marine, Cornell Cooperative Extension mazine division down at Cedar Beach, so we do do stuff
with the town. One of the things when I noticed that this policy was coming about, this policy
was coming about, I read a fair few articles and I noticed the decision was made to go to not for
profits, for certain reasons. Some of them were, people were concerned that we are just an event
that comes here for one day, we make all our money, we run and leave the town and it doesn't
benefit the town. So I wanted to clear that up. The Mighty North Fork Triathlon is actually a
two day event. Athletes have to come to the Town of Southold. We actually have those athletes
arrive anywhere between 12 and 5 PM on the Saturday before the event, where they have to
come in and pick up their bid number and their race packets, okay? People traveling out to the
Town of Southold in the middle of summer from Nassau County, Queens or New York City or
even Suffolk County, not many of them are going to turn around and drive back out of the town
on that weekend. It is busy to get here, it is hard to get here. So we bring 400 athletes plus
spectators into the town on Saturday. So they aze spending money and staying in the town and
creating jobs in your town. So that was one of the things that I noticed in the comment that I
wanted to address. Our event, you ask our event, or you state that the events are going to be
limited to 600 people, you can look at our past lists, we have our race down at Cedar Beach
which is not a huge property and our limit is about 515, 520 signatures for the day, so we do
meet the requirement of being under 600 person event. We are not going out there and storming
the beach with thousands and thousands of people.
COUNCILMAN TALBOT: So 500 finishers, how many starters?
MR. ROBERTS: About the same. It is a very short triathlon. That is another thing, a lot of it
was about the use of the roadways and congestion of traffic and everything like that. If anyone
knows anything about the Mighty North Fork Triathlon, we hit the water at 6:40 AM. We aze
done, finished and packed up and we leave Cedar Beach cleaner than what it was when we
amved, with our 60 employees cleaning and breaking down our equipment. And we are done,
out of there by 10:00 AM. We are actually off the road on our bike portion, we are off that road
June 4, 2013 Page 33
Southold Town Board Meeting
before 9:00 AM. The last bicyclist is off that road and then it is just the straggling runners
coming through to finish the race off. The last finisher crosses the finish line azound about 9:30.
So we don't see it that we are a huge impact to the town, we are 14 years this yeaz. We aze a par[
of the town and I noticed in the policy you had written that the Town Board reserves the right to
waive and modify any or all the above guidelines and conditions as deemed appropriate under
the circumstances presented. I want to present the circumstances to you, you know. From what I
have read, I believe that we are doing neazly everything in here. And we aze still donating to a
town not for profit. I was on the phone with CAST today talking to them about the event. We
have our permit for this year, so we are not really concerned about this year but we aze
concerned moving forward. We want our athletes to know. This is the first race on the Long
Island triathlon tour that sells out every year. That is something amazing that the Town of
Southold should be super proud o£ I have done events in the Hamptons and Montauk and all the
way from Nassau County. This event, the first event that sells out. Everyone wants to come to
Southold and be a part of what Southold has to offer. So that is something you should.....
COUNCILMAN TALBOT: May I ask how much you donate to the local charities?
MR. ROBERTS: I don't have it off the top of my head, I am not the financial guy at the end of
the day. We donate, what we encourage is our athletes, they have a click button when they are
registering on line that allows them to make an extra donation and then we make a donation on
top of that, as we work with CAST to ask them to bring volunteers to help us, we also pay them a
per person head rate, that they bring to the race. And on top of that, I am working with them on
things like, you know, a lot of it is not always about how much money we give to the not for
profits, a lot of the not for profit is very wanting to raise awareness of who they are, what they do
within the town. And on the phone today speaking with CAST, we were talking about how can
we do other things than just bring in cash? Can we do a food drive of some kind? Can we do
clothing drive of some kind with the athletes coming in? That is a really simple thing for myself,
being the marketing person, to put on our athletes and inspire them to do. So I am looking that
you look at our event as one of those exceptions. We do a great job in the town. We have done
for 14 years and we want to continue this.
COUNCILMAN TALBOT: You said that....
JUSTICE EVANS: Inaudible.
MR. ROBERTS: I couldn't tell you off the top of my head but I will tell you that this race is the
largest race that has family participation. Many of the people, if we go through the sign up list, it
is four or five people with the same last name all signing up under the same email address. I
couldn't give you off the top of my head how many participants are from the Town of Southold.
COUNCILMAN TALBOT: Have you gotten any restrictions put on you guys in other
municipalities at all?
MR. ROBERTS: Municipalities? No. most of the time our restrictions comes down to pazking,
parking is our biggest restriction because if we can't park the athletes safely and off the road or
and leave enough area for the transition area, then we can't really have a successful event. So
parking becomes that first thing. Some of the other restrictions I get kind of put on us is always
June 4, 2013 Page 34
Southold Town Board Meeting
our insurance, our insurance requirement seems to go up every single yeaz with every town but
our races are USA triathlon sanctioned. USA triathlon is the governing body of our sport within
the USA and basically they provide our insurance policy. And the reason why we sanction
always with the USAT is because their insurance policy is pretty much iron clad. It is very hazd
to go up against the USAT, they aze a very deep organization, so that is who we work with to get
our insurance policy. Also, the athletes have to be members of the USAT and we use their
waiver system and everything when we....
COUNCILMAN TALBOT: To me, personally, I think we are in a tough position here trying to
reign these things in because it has gotten, not just your own group but a lot of groups obviously
coming into Southold Town, riding, running, not always swimming but and you don't want to
discourage people from getting out there and having fun and exercising but....
MR. ROBERT: Absolutely. I read the article and I noticed I felt like it seemed to be addressing
more bike tours and bike rides that we are seeming to blow through the town with 4,000 people,
starting wherever, heading out and just riding through and causing chaos for a certain amount of
time. And that is one the things that our race doesn't do. Our race starts so eazly because our
goal is to get our athletes off that road as soon as possible. Not just for the convenience of the
residents that live out here but also it is a huge safety concern for us. There is nothing more we
want to do is get our athletes off those bikes before there is any chance of major traffic out on the
roads. Our roads also that we use aze secondazy use roads, they are not primary use roads. We
don't come, we start at Cedar Beach, we don't come down to 25, we stay within the community
there. So we don't come on to closing major roads, major congesting. And we do this again, at
6:30 in the morning. If your recommendation to me would be, Cory, we are going to let you
continue, start at 6:20, I will tell the athletes you are going to start at 6:20. As long as I have got
daylight to start the swim, then we start the swim, you know. And that is another thing, that is
another perfect example of why the athlete is actually staying in the town overnight, can you
imagine that you have got to get up at 2:30, 3:00 AM to be there for 6:30 AM race start? They
are not coming out on that day, it is impossible.
SUPERVISOR RUSSELL: Just so you know, the town is struggling with this huge demand for
use of town public assets like roads and beaches...
MR. ROBERTS: Absolutely.
SUPERVISOR RUSSELL: And you know, the sponge is full. There is only so much we can
absorb as a town. What we are trying to do is, and then there are all these home grown events, 5
K's sponsored by local PTA's and all these groups, we are trying to accommodate those groups.
There is only so much our community can absorb in all these different events in terms of the
policing, and the road closing. So we thought that the appropriate line of demarcation would be
look at the underlying purpose of the event and if it is to help a chazitable purpose, we would
allow that and if it wasn't, although there might be some beneficiary and certainly business
people that might benefit from your event, we scheduled this meeting so those people can come
to us and say I own a business and I benefit from this event so that....
MR. ROBERTS: Inaudible.
June 4, 2013 Page 35
Southold Town Board Meeting
SUPERVISOR RUSSELL: So that CAST can come and say, you know what? We are really
dependent on the money that we raise from that race. That is what we are looking for from the
community. But you know, we have to figure something out here because like I said, the sponge
is full and we need to wring it out a little so we can start accommodating some of these home
grown events.
MR. ROBERTS: Right. Do you want to run out a 14 yeaz old event that promotes the town?
And your local businesses. We are not a local SK. do you know what I mean? And again, are
you guys going to sit down and look at and judge every single not for profit and open their books
and see where all their money actually goes?
SUPERVISOR RUSSELL: We certainly reserve the right to.
MR. ROBERTS: Right.
SUPERVISOR RUSSELL: Absolutely do that. We understand that a not for profit isn't that
difficult to obtain at the federal level. But you know, this is a starting point. We aze trying to
bring some measure of policy to govern these events. You know, the thorough reviews and all of
that will start taking place as we live with this policy for some time, we will develop an art for
being able to implement it so that it is achieving its goals.
COUNCILMAN TALBOT: Scott, I did have a conversation with someone from CAST and they
were very supportive of what you guys do for them. Kind of in line with what I asked you
before, could you submit something to us in writing on the ballpark of what you submit to the
local charities?
MR. ROBERTS: I can absolutely (inaudible)
COUNCILMAN TALBOT: We don't need it here today but if you could, it would obviously
help your group possibly.
SUPERVISOR RUSSELL: You know, I talked to the organizations, you gave me a list a few
years ago and I talked to the organizations and I know what the donations were, I have that
information in my office but we need to look at those donations in the context of the gross
receipts, too. So if we are going to have a candid discussion on how much donated, well, what
are the gross receipts for the race. We are trying to accommodate an awful lot of demand out
there as best we can.
MR. ROBERTS: I understand that. It's just that, see that we are, you aze accommodating a
demand for maybe a SK or a bike ride or something like that, that seems to have just popped up
in the last two or three years or a mud run because that is hugely popular right now or all these
kind of different ultimate sports where we are a lifestyle sport and we have been a part of the
community for 14 years. You know, we are not just that one person.
UNIDENTIFIED: I have done the triathlon before, it brings in a lot of people, a lot of local
people. I know you asked about, there is a lot of people in Mattituck, Southold, all people
throughout the township who utilize it. [ am not sure what the issue is, why you want to stop
this, it starts at 6, it is over by 10, it's a 4 hour event, once a year which I think is good for
June 4, 2013 Page 36
Southold Town Board Meeting
Southold. Brings in people, they use the motels. And I think when you start talking about
bicycle tours, I live down Sound Avenue, I drive during the weekends and there are people
driving down the road on bicycles, sometimes there aze 50 or 100 of them and half of them seem
like they never even biked before. And that is a hazard to me. The people that aze attending this,
these 500 or 600 people, these aze people that train for this and additionally, as he stated and you
know, it is not held on the main roads, it is all held right along the bay and the back roads. I
think it is a 9 mile bike....
MR. ROBERTS: Yeah. A 9 mile bike, 3 mile run....
UNIDENTIFIED: I don't see what the issue is, I am just saying that I am in favor, I think it is
good for the town, I don't think it is causing any problems....
SUPERVISOR RUSSELL: You know, we weren't saying let's pass policy here so we can stop
the North Fork Triathlon. We are using some standard to say what can we proceed and allow to
take place and what can't, so we used the profit and not for profit basis. There aze lots and lots
of events that aze taking place and they aze growing each and every year. And there aze an awful
lot of worthy organizations that are, and then with the new events that aze coming on line with
the SK's and all that and I know your event is over very quickly, but we do close roads to a
community, a community that has some say there too. That, you know, we like to get out eazly
on a Saturday....
MR. ROBERTS: The roads are not closed.
SUPERVISOR RUSSELL: Oh, they aze not?
MR. ROBERTS: Absolutely not. Our roads are open to traffic. They are monitored but they are
open to traffic.
SUPERVISOR RUSSELL: Inaudible.
MR. ROBERTS: If 1 could close a road and have a race, I mean, that would be phenomenal.
There is not one race on Long Island where we can actually close roads, not one.
SUPERVISOR RUSSELL: I stand corrected on that but you know, the community is down
there and you know, you have got to think about the people that are trying to live there as well.
MR. ROBERTS: I am trying to balance this all out.
COUNCILWOMAN DOHERTY: Scott, I think we need to reiterate, this is policy, this is not
going to be town code, this is policy. And policy is meant to be reviewed, so you apply every
year, we review it. it doesn't mean that, because you don't meet some of these requirements
doesn't mean an automatic no.
MR. ROBERTS: Right.
COUNCILWOMAN DOHERTY: We might ask you more questions ?ike we are here tonight.
MR. ROBERTS: It'sjust like we traditionally open advance registration the day after the event.
June 4, 2013 Page 37
Southold Town Board Meeting
COUNCILWOMAN DOHERTY: So then you need to come to us then.
MR. ROBERTS: The day after the event? We open it, that way the athletes can all plan ahead.
The athletes can all plan to get accommodation, I mean, that's why we do it like that.
COUNCILWOMAN DOHERTY: Well, you need to get permission from us first then, before
you start planning for the next year.
MR. ROBERTS: Okay. Can I apply for it right now?
COUNCILMAN TALBOT: Get that information regarding the donations also, if you can get
some kind of number of how many local participants there aze and then we can take it under
consideration.
MR. ROBERTS: Okay.
TOWN CLERK NEVILLE: May we have the name of the gentleman who spoke from his seat
behind Mr. Aldcroft?
Doris McGreevy, Mattituck Park District
DORIS MCGREEVY: Doris McGreevy, Mattituck. I am a resident and as many residents of
Mattituck and Southold, this time of year the traffic increases. We have a lot of bikers, we have
runners and the roads get very crowded. So I am very happy that you aze taking this first step for
a policy because it becomes a safety issue. Many times it is unsafe with the bikers on the road
and people trying to drive and (inaudible). And it has become excessive, so I appreciate you
writing the policy. I have some comments about the policy and some additions maybe you
would like to consider when you look it over again. On number 3 where it says comply with
chapter 205 and won't take in effect more than, to notify neighbors in advance of the event, well,
when they aze biking it is not just neighbors to notify, so it is more to you know, to notify the
community that would be affected rather than the neighbors because it is not a special event like
putting up a tent, they are driving through the area so the area residents should be aware of that
and people in general who might not want to take that road or that route because of that. On
number 4 where it says coordinate traffic control upon notification of adoption of this resolution,
Captain Kruszeski, I wouldn't really put his name, I would put captain assigned so this way, it
just rolls over to whomever. I have some additions for you to think about. Number one, we
haven't had anything written in this policy about rest stops and bathrooms and as parks
commissioner, previous park commissioner of Mattituck Park district, we have been deluged
with people from bikers to different events and number one, they don't tell us, number two, they
trash the port-a-potties and septic system goes out at the beach, I am talking about Veteran's
Park, we can't accommodate this, we don't expect it, they just appear. And if you are writing
this, whoever is producing this bike-a-thon, they should give you the rest stops and at least ask
the pazk district. On occasion, like Maureen's Haven did one and they asked our permission and
then they designated it and we knew they were coming and we allowed them to come at that
time. But others, they just burst into the pazk and just trash it. I mean, it's really bad. So rest
stops are an important part of this. I mean, you are accommodating all of these people on the
June 4, 2013 Page 38
Southold Town Board Meeting
roads and they need to stop and rest and use the facilities but nowhere in here do they delineate
where...
SUPERVISOR RUSSELL: That is a very fair point.
COUNCILMAN TALBOT: We took that up, you brought that to my attention three yeazs ago
with that one group north of the city, yes, the Mattituck Pazk district for people that don't know
the different pazk districts in town, it's open for Mattituck and Laurel residents only. So just a
group that comes rolling in to town from somewhere else, they can't just choose to use your
place as a rest stop. And that is what they did with 5,000 bikers.
MS. MCGREEVY: Yes, and then that becomes....
COUNCILMAN TALBOT: We brought that to his attention that year and it has been an
ongoing issue with....
MS. MCGREEVY: And also the septic systems aren't made for that many people. We have
enough, by code, for the people who use the beach and the pazk in general, not for....
COUNCILMAN TALBOT: And you have a 15 year old kid at the gate who is not going to tell
these....
MS. MCGREEVY: Well, they walk in. They park and, it gets complicated. But that was an
important thing that I think we should consider. Now we had these bicycle riders that come but
the roads really are, they are a mixed variety. You will have a breakdown lane where it is wide,
then you will have a shoulder, narrow shoulder, then you will have no shoulder at all. So what
we find as a driver, driving along, for example take Sound Avenue when the dual lane goes into
the single lane, it is a very, very narrow shoulder there. a lot of traffic, we all know it, they are
coming both ways and in order to avoid the biker, we move over. And then we move over and
there is oncoming traffic, it is dangerous. So I think they should pick areas where there is at least
a shoulder. Now last weekend there was another bike ride and they came down the road by the
dumps, Cox Lane I think it is. There is no shoulder at all. And they were riding two abreast.
Now I understand that the code in New York State says they are allowed to do that if there is
room. Well, there wasn't room and they don't notice that cazs are there even half the time. I
mean, they have their helmets on and they are looking forwazd. But I think it is important that
they should choose roads when they are doing this that allows for at least a shoulder lane and
maybe you can suggest or think about having them only ride in single file.
SUPERVISOR RUSSELL: That is a fair point. Just so you know, for the permitted events,
events that will still be permitted under this policy, they submit a map for the route to the police
chief and the captain and they review that and if it doesn't make sense, they ask them to reroute
it. although we should probably specify that more in the policy so that it is understood. But you
point is well taken, in terms of there are some places where bike rides have been attempted that
there is just no shoulder and there is no ability to maintain safe passage for bikers or for car
drivers.
MS. MCGREEVY: Yes. And it becomes a difficult safety issue.
June 4, 2013 Page 39
Southold Town Board Meeting
COUNCILWOMAN DOHERTY: Also, if I could just interrupt, in discussions with this policy
the chief mentioned when he does review those routes, they aze going to specifically ask where
aze you people going to be pazking along the route. So maybe we can ask they to say where are
their rest stops as well.
MS. MCGREEVY: Yes. Okay. And as I said, that is awell-crafted document there. I think
another thing I would suggest is you have a no alcohol policy because now in wine country, we
do have commercial ones now, I will give you the packet, they are on the Internet now, where
they offer alcohol and some of them, well one is, they aze local. Pour and Peddle is the name of
them, it is booze and bikes. Right? So let's face it, if you are drinking, you may have an
inability to balance and then you get on the bike. And one of them offers 8 wine tastings, so,
another one, Vintage, I think it is Vintage Bicycle tours, they are in Mattituck, they have a place
in Mattituck. I went on their website and they have our Mattituck Park district logo on there.
COUNCILMAN TALBOT: Those are the ones I should ask the question, how many start and
how many finish?
MS. MCGREEVY: And they also put our pazk on their route without our knowledge. So that
wasn't such a good thing to see. And there is another one, Northville Century, they aze having
over 1,000 riders, so get ready, 1,000 plus. Their website says that children ride free and of
course, there is beer at the end of it. with some kind of food. The adults pay $100 and this is not,
and they stress it, not fund raising. It is not a fund raising event. And when you have 1,000 plus
riders coming in, where are they going to go? Where aze they going to rest stop? And it just gets
too complicated. It is too much, I think, for our town, with the police. I mean, how many, I
don't know how many police you would assign to all this, to try to keep any kind of order on this
property.
COUNCILMAN TALBOT: You know, that type of group also was proposing, they have done it
in the past, a midnight ride. And we denied it but, it's just, you can't make this stuff up.
MS. MCGREEVY: Unless they pay for the police escort...
COUNCILMAN TALBOT: The police don't want any part of it. Not to allocate manpower to
bicycle at midnight....
SUPERVISOR RUSSELL: I will call on you when she wraps up.
MS. MCGREEVY: I am almost finished. You know, after a while, as a resident, all these things
sound nice but it gets so excessive and then you get to feel we are preyed upon here. You know?
We came here, we are living here, we are not coming in for a quick bike tour and out again. And
we have to live with this and it maybe it's one time for one bike tour and only once for me and
only once for me, meanwhile, it's every day, every weekend for us, constantly.
COUNCILMAN TALBOT: We might have to strike a balance where it would be every other
year for some groups. Who knows? You know, we are lucky we have what we have out here
and able to attract as many people as we are but maybe that's every other year for some of the
groups instead of every year.
June 4, 2013 Page 40
Southold Town Board Meeting
MS. MCGREEVY: I know times you review these things more closely and as I said....
SUPERVISOR RUSSELL: I have to be candid, I know people have talked about the benefits of
local businesses but it is local businesses that are reaching out to us and saying, you know, these
are interfering with the traffic flow. This is traffic that is supposed to be coming to my winery or
my farmstand or my store. These aze business owners that aze saying you know, we need to get
a handle on this. So we are trying to balance a lot of interests here. I understand the gentleman
before with your comment about how good your event is but how do we carve out exceptions for
the good ones versus the not good ones in legislation?
Corey Roberts
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: But the cornerstone to that policy would be the motive of the event.
Is it for charitable purpose? And the answer there would be no.
MR. ROBERTS: But we do donate to chazity.
SUPERVISOR RUSSELL: Look, I don't want to have a public discussion with on what you
donate and what your gross receipts aze. We aze going to have that discussion when the cameras
aze off in my office when we are done here but what we aze trying to look for are events that are
organized specifically and primazily and principally for some sort of charitable purpose.
MR. ROBERTS: And you investigate each of those chazity's?
SUPERVISOR RUSSELL: We certainly plan on it.
MR. ROBERTS: Right. I would love to address on this. We don't have the....
SUPERVISOR RUSSELL: What I am going to do is let everybody that hasn't spoken speak,
you can always address....
MS. MCGREEVY: I am just going to give you the website.
SUPERVISOR RUSSELL: Sure. Thank you.
Glen Goldstein, owner of N.F. C entury
GLEN GOLDSTETN: My name is Glen Goldstein, I live in Narrowsburg, New York. I am the
owner and founder of the North Fork Century. Also the truck driver, head of marketing, janitor,
it is me. We had been here for nine or ten years, depending on how you count. We were
hurricane'd out one year and cancelled with hurricane Irene. We went off for eight years without
incident. We never had an accident, we never had a complaint from the town and then after our
8`h year we got the word that said have your filed for a permit? And we said we would be happy
to. Not all towns require permits, some do and some don't. Whenever we are asked, we are
happy to do a permit. And so we did the permit, pretty standard stuff. We were asked to cut back
the guys that were riding, which we did. I can't claim we were happy about it but we were
respectful of what the town (inaudible). We invited the Board to come take a look at (inaudible)
June 4, 2013 Page 41
Southold Town Boazd Meeting
because we are required we do go over all the rest stops, we pay permit fees For all locations we
go to, we pay for toilets where we go, we pay for pazaznedics wherever we go so that the local
town, we never had to use one but we want to take some of the burden off where we can. We aze
not a charity and we don't pretend to be a charity. We aze bus tour without the bus. We aze
business, we sell entertainment. I can't speak for you folks but when I go to a Yankee game or
to see the Mets, my first question is not which charity is getting the money, my question is, am I
having fun, am I paying a fair price for it and do they respect the neighbors. And that is what we
do. We try to chazge a fair price, we try to respect the neighbors. I make a very meager living
doing it although I am happy, I enjoy my work. And again for 8 years, there was one accident.
One of our own people fell of a truck (inaudible). And so we applied for a permit, last year we
did all the things we had a couple of questions after from the town, we got back our deposit, we
applied this year and we were denied a permit due to the new policy. What we do, we aze for
profit, we aze a company. We do our best to spend locally. The people who sell us our post ride
lunch is the Greenport Fire Department, which is not a donation. They work their tails off for it.
it is also a great fund raiser for them. Yes, we know caterers in New York and elsewhere, there
aze lots of people we could hire and there is a reason we pick them. First because they are great
guys and we want to spend the money for the community, it is on purpose. We spend about
$500 getting bagels. We spend $1,000 with the Soundview restaurant. We buy our food from
Harbes (inaudible), we buy our (inaudible) this is on purpose that we spend the money, we want
(inaudible) when we leave town, people, I don't know if they will love us but they will say those
guys were okay and left behind money when they left. They were respectful to neighbors, they
spent their money here, they didn't walk away with it all. The charity rides are funny, you know,
if I was going to open a bed and breakfast (inaudible), bed and breakfast Habitat for Humanity
gives away housing for free. Yes, they do, they aze wonderful (inaudible) of course, they aze
wonderful, we are not trying to compete, we don't pretend that we are them. I can tell you that
for the charity rides, they always pretty much hire somebody to run the rides for them. And that
is often me. I have been hired by the autism people, by the multiple sclerosis people and the fee
for someone like me to do their ride is somewhere between $25,000 and $30,000. So they are
taking some money whether it (inaudible). If I have a very good year, I work 365 days a yeaz, I
have no benefits, I have no insurance, if I get really lucky and I mean really lucky, I can make
$10,000 for a years work. And I am not embarrassed by that even a little bit. I am proud of the
hazd work I do, I am proud of what I bring to the community (inaudible) so I hope the Board will
look at (inaudible). There is really, love us, hate us, is the town better off that we were here or
worse off that we were here. You probably get a lot of opinions on that. I would like to think
that we were better off because when we leave town, the fire department, it made $5,000-$8,000
and yet they worked for it, that is not a donation. They worked hard for it. but they raised
$8,000 more than they had when they woke up in the moming. I will be here (inaudible) Friday
I will be at the school to give away $1,000 scholarship for this year. We are not required to do
that, we just do it. The goal for, if we get a permit, for next year is $6,000 scholarship. Is that a
bribe to you? I doubt you are bribable somehow. But the point is, well, what are you doing for
our town? You don't (inaudible) what are we getting out of it? and [think it is a pretty
legitimate question. And so that is what you are getting out of it, you are getting people coming
into town, they are staying at hotels, they eat in your restaurants (inaudible) I live in a tourist
town, I live in the Catskills and so 1 know a little bit of what it's like to live in a tourist town.
You love the tourist's, you hate the tourists. If you have a tourism business, it's great. The more
June 4, 2013 Page 42
Southold Town Board Meeting
the merrier, bring them in. if you are not in the tourism business, you are thinking what the heck.
My coffee shop is crowded, my parking is taken up. So I understand (inaudible). We pay
Greenport High School as our start line, (inaudible) they make money from doing it, we pay their
staff overtime. They make money from doing it. to answer your question of beer, we do use a
local sponsor, Greenport Hazbor Brewery. No alcohol is served during the riding. They a glass
of beer and that is provided if they are over 21 and can prove it. Inaudible. We pay the pazk
department for the use of their property. We pay the Southold recreation department a small fee
for using their property, as we should. And so I hope you will think about it. And ironically, last
week (inaudible) New York magazine (inaudible) as one of the best things you can do in the
summertime on the weekend is come out and do a North Fork Century. Inaudible. And so, you
know, we are not going to go if it is not approved, we are not going to break the law. But all I
can say is, the cyclists are coming anyway. This is a lovely place to ride a bike. They are
coming. You can approve it, you cannot approve it. They aze coming. Because we are here, we
want you to control it, we follow your rules. We can have no event and they aze still going to
show up on some weekend. Inaudible. We do not get (inaudible) because we don't ask for it, we
don't provide it, we don't spend that money on, we are fine with that. The night rides were
approved by the police department, we met them in advance.....
COUNCILMAN TALBOT: Last year?
MR. GOLDSTEIN: The year before. They approved, it was (inaudible)...
COUNCILMAN TALBOT: And they denied it last year?
MR. GOLDSTEIN: They certainly did. Absolutely. We weren't happy about it but we abided
by their decision. You know, it's....
COUNCILMAN TALBOT: How come you don't ride up in beautiful Narrowsburg?
MR. GOLDSTEIN: Too hilly. Inaudible.
COUNCILMAN TALBOT: One of the things that sticks in my craw about your group there,
with your website, the picture of the North Fork, how beautiful it is which is fantastic and how
the Hamptons used to be. Then you get 1,000 guys from upstate or wherever and they come
rolling azound and do what they want and you didn't get approval from the Mattituck Pazk
district to use their bathrooms there, there are only three park commissioners. I spoke to all three
of them and none of them....
MR. GOLDSTEIN: Inaudible.
COUNCILMAN TALBOT: Mattituck Park district, off Peconic Bay Boulevard. You said you
gave money to these guys but you didn't give any money, you didn't even get approval.
MR. GOLDSTEIN: Inaudible.
COUNCILMAN TALBOT: No, no, no. Mattituck Park district.
MR. GOLDSTEIN: New Suffolk beach, is that what you are talking about?
June 4, 2013 Page 43
Southold Town Board Meeting
COUNCILMAN TALBOT: No. The reason why this all came up two years ago, because you
guys were all rolling in there.
MR. GOLDSTEIN: I am sorry, I don't understand the location .
COUNCILMAN TALBOT: Forget it.
MR. GOLDSTEIN: We have a permit for Wildwood, we have a permit for Orient Point and the
third place to get a permit for is New Suffolk beach. Is that the one...
COUNCILMAN TALBOT: No, that is a town beach.
MR. GOLDSTEIN: Those aze the only places that we used. And there weren't any other places,
those were all the rest stops.
COUNCILMAN TALBOT: You actually had it on your website.
MR. GOLDSTEIN: Inaudible
COUNCILMAN TALBOT: You know everything but the answers that you can't answer.
MR. GOLDSTEIN: I don't know anything inaudible.
COUNCILMAN TALBOT: Veteran's Park on Peconic Bay Boulevard.
MR. GOLDSTEIN: Inaudible. Our rest stops aze Harbes farmstand, Wildwood, New Suffolk
beach and Orient. Those aze the places that we have (inaudible).
COUNCILMAN DINIZIO: I think you aze mischaracterizing our intention here because our,
this was recently brought out to us by our police chief, who is about 10 men down from what he
needs to have to run a police department. That means overtime, that means everything that's
included. Now, yes, I am a businessman myself and I want you to come and spend the money
and that is all well and good but I live on a corner that is the intersection of Route 25 and Route
48 which is in Greenport near the Shady Lady. Okay, I live up in the development. And I can
tell you that bikes, on a regular weekend, will not let cazs go by, come out of Main Street and
either go down to Orient or go west for sometimes a good 5 minutes. And I know that that's
something that you can't control and I know that's probably something that you would not
encourage your people do intentionally but that's what's happening. And if I ride down one
mile, if I go down on a Sunday morning to East Marion, a nice Greek restaurant I eat breakfast
at, I can tell you the last time I went down there two-three weeks ago, I nearly hit three people at
three different times from them pulling out into the road. Now those are not things that your
business can control or anything that you are making money on that you can help us with, okay,
but it is the chaos that we have to live with. Local or even the people that come here and they
pull their caz into Soundview Hotel or whatever, wherever they aze staying and they aze not
riding bicycles, okay, it is an added dimension that we as the Town Board and our police chief
have asked us to somehow control. Okay? We have events and most of the events that we aze
getting, Strawberry Festival, these little SK's by church groups and park districts that want to
have them, the local people that want to have them, only are almost inundated by you sir,
bringing your 1,000 people in here. Granted you have a nice thing with Harbers, Hazbes is a
June 4, 2013 Page 44
Southold Town Board Meeting
great place, good corn but we are trying to grapple with being down with the number of police
officers and trying to get by the summer without anybody getting seriously hurt and still being
able to move a little bit.
MR. GOLDSTEIN: If I may sir, if the town came to me and said, we need money for police, we
would pay it.
COUNCILMAN DINIZIO: I don't think it's that, sir. Okay? It is not that because we aze down
those officers not because we can't afford them but it's the nature of government. Okay? It has
to do with contracts and (inaudible), it is not that, okay? And that is not something that can be
easily fixed other than it is the reality that we live with.
MR. GOLDSTEIN: Inaudible. We do events when a town will say to us, we need to two
officers on the corner of Oak and Main and you need to pay for them and we say sure. Or we
need coverage over here and I understand what you aze saying (inaudible).
COUNCILMAN DINIZIO: Look, I would love to have a cop there stopping the bikes and
bringing (inaudible) in my intersection but there is probably 30 others between here and t he
places you aze riding that you would have to put cops out, in order to make it somehow not
chaotic. And that can't happen. That's impossible to happen. So we need to draw the line
somewhere and we are basically just said, look, people come in here that aze making a profit on
our roads and those things, that is where we are going to draw the line. Now I am all for
exceptions to that, okay, but those exceptions aze going to be few and far between. Now maybe
this gentleman is an exception but it is going to take more than just him standing up in this
meeting to convince me. It is going to be, you know, I am going to look and see how much of
our townspeople benefit from this. I am not talking about the Hazbes, I am talking about the
people that want to go and do this triathalon thing, okay. Bike riding, I ride a bike every day. I
know, yes, beautiful roads here, all nice and flat. All the way out to Orient, all the way back.
And I know the reason why you wouldn't ride in the Catskills. But then again, we need to draw
the line somewhere and it is not because we don't want you to make a profit, sir, it's just that we
need to draw the line and that is where we choose to draw the line.
MR. GOLDSTEIN: Inaudible. I appreciate that and I understand, (inaudible) we, let me ask you
a question, the Greenport Fire department and we....
COUNCILMAN DINIZIO: I am a member of the Greenport Fire department.
MR. GOLDSTEIN: Inaudible. Would the Board consider that?
COUNCILMAN DINIZIO: I don't know, they are the ones that are running it, ]don't know.
But you know, I am always looking for them to go out and hire someone, like you said, because I
don't of any of the organizations that we were thinking of, people that aze doing the SK's or the
4`h of July marches and the things, they are not hiring an event coordinator to do that...
MR. GOLDSTEIN: I understand (inaudible) if you are reading on my site, you know amateurs
are running it and when you have amateurs running it (inaudible) and so this is what I do for a
living (inaudible) I am pretty good at it.
June 4, 20l 3 Page 45
Southold Town Board Meeting
COUNCILMAN DINIZIO: Professionals will get you 1,000 bike riders, amateurs will get you
300.
MR. GOLDSTEIN: Inaudible. I azn not trying to argue. I understand what you aze saying,
thank you all for your time. I understand that you have other things going on. I just want to
bring, we (inaudible) we have got the fire department getting ready so we will follow your
recommendations. Thank you so much for your time, all of you.
Catherine Williamson, Laurel
CATHERINE WILLIAMSON: Good evening, my name is Catherine Williamson. We live in
Laurel and I am a triathlete. I addressed the Board briefly after your work session where your
policy was first discussed and I am not going to repeat myself, I know it is late. But one of the
things that nobody has mentioned, just that you briefly touched on it just now, is that it is not just
about how much money is this going to bring in or how much money is going to be donated, it is
also about exposing people to some, a lifestyle that is good for them. I am a triathlete now
because there was a Mighty North Fork and I could do it locally. Now I travel, I go up the
island, I have been to Connecticut to do these different things but I never would have done it if it
hadn't been for a local event. It is a healthy thing to have for people in this community. It is a
healthy thing for kids to be exposed to and I would hate to see this just, baby thrown out with the
bathwater when you have got a little bitty event that is once a yeaz for a few hours, it is over
before most people are up on a Sunday morning. I would also ask the Board to please take a
look at whatever law or regulation allows these winery tours that she was talking about. I azn
seeing these people on the weekends, most of them look like they have never been on a bike
before. Triathletes are training all year long for this, they know how to handle a bicycle. These
people aze getting on a rent a bike and drinking for hours and that is an okay, acceptable thing
that doesn't create a safety hazard? I can't see that. I think with that, whoever came up with that
idea and approved it, that needs to be taken, a second look....
SUPERVISOR RUSSELL: We have had several discussions with the police chief with regard to
enforcement, just because people are on bicycles, they are still required to honor certain aspects
of the law. He has assured us that they are going to bring attention to those issues.
MS. WILLIAMSON: Maybe biking while intoxicated or something. So, I just, I just think that
when this came up a few years ago about maybe not allowing the Mighty North Fork to take
place, there was some discussion about well, Southold town will have its own triathalon, so there
will be one out here because this is the only one. But the logistics have made that, it is just not
something that anon-profit group or a school can set up and do, these are events that take some
expertise to organize and to put on safely and I think that the north fork, this town should
encourage this kind of activity and I really hope that, the policy says that there will be a waiver
but there are no guidelines for what those waivers are going to be so perhaps if the Board wants
to enact a policy that sets out some guidelines for waivers, then the group could comply with
whatever needs to be done. As it is, it seems to be very broad, it says no non-profits but we will
have waivers, I am a lawyer, so I look at things like vagueness and over-breadth and this law,
this policy, I understand it is not a law, it is really broad and it is also really vague. You don't
know what you have to do to get the Board's approval. So if there could be some guidelines set
out like that, that would be helpful as well. Thank you.
June 4, 20] 3 Page 46
Southold Town Board Meeting
SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particulaz
issue of mutual interest? (No response) Okay, we are going to listen to everything everybody
has to say, we will carefully consider everything that has been said this evening. but with that, if
no one else wants to comment on public roads, I am sorry, do you want to speak on the road
policy or just general comments on other issues?
UNIDENTIFIED: Inaudible. Southold invited tourism, everyone wants to make money. We
need to get ahead of (inaudible). We aze very reactionary right now, my hat is off to you people,
god bless you, I couldn't do what you do. You have a lot on your plate, I get it. instead of being,
taking all these issues after (inaudible) try to jump ahead of it a little bit. It might save us a lot of
heartache and expense along the way. Why don't we have a YMCA at the Capitol One bank
building in Mattituck? Walking distance, drive, swim team for the kids, something to do after
school, right next to Laurel Links, the railroad tracks, bike path all the way out to Greenport,
they could catch a train back, nobody is on the road, you have just got to get some federal grant
money somewhere because it is (inaudible), they are doing something healthy. Just my two
cents. Pazking on the roads, my only other question I really wanted to ask, if somebody is
holding a special event and does not have a special event permit, who is in charge of keeping
track of that and who enforces that and what is the fine or whatever (inaudible). Who is
responsible for that in the town?
SUPERVISOR RUSSELL: Well, generally most of these events are taking place on weekends,
we would dispatch the police department.
UNIDENTIFIED: The police department?
SUPERVISOR RUSSELL: Yes.
UNIDENTIFIED: And is there any kind of fee schedule or anything like that? Without a special
event permit?
TOWN ATTORNEY FINNEGAN: There is a fine, as well, it results in a code violation that
goes here to justice court and it is up to the court but there is a maximum fine, I believe it is $500
for a first offense and there could be ongoing offenses. The actual fine would be set by the judge
who heazs the violation. Yes, there are fines.
UNIDENTIFIED: You just have so many thousands and thousands of people coming out here.
We are going to have to do something about our infrastructure. These small roads with no
shoulders and all of the bike riders, limo's, busses, they just can't handle it. Something has got
to be done. A lot of intersections are just so dangerous. You have to widen the roads, add stop
lights at every corner and we are going to lose our rural way of life. It is sad but if you want the
money, you are going to have all these people coming out here, you are going to have to
accommodate them safely. Thank you.
COUNCILMAN TALBOT: Thanks.
SUPERVISOR RUSSELL: Who else would like to address the Town Board at this point on any
issue? It doesn't have to be about special events, it could be about any issue, if you would ?ike to
address the Board?
June 4, 2013 Page 47
Southold Town Board Meeting
Bill Shipman, Cutchogue
BILL SHIPMAN: Bill Shipman. Horseshoe Drive, Cutchogue. I am here to discuss the
Planning Boazd meeting yesterday regarding Vineyard 48. Just so that I am secure in that you
are discussing this with the Planning Boazd, I did notify them, which I am sure they knew, the
two preliminary injunctions that aze in place regarding Vineyard 48. Obviously these are in place
because you disagree with their business plan. Correct?
SUPERVISOR RUSSELL: Yes.
MR. SHIPMAN: Okay. Since May 24, 2012 there have been 18 adjournments of those cases,
none opposed by the town which I understand the reasons, that was from the special counsel who
is also Mr. Isler, and I did notify them also that New York State Liquor Authority, they are
presently in litigation/hearings with the Vineyard. And I did notify them that as of right now,
Vineyazd 48 does not have the current liquor license, they aze operating under the State
administration protective act which allows them to operate as their prior license was issued.
With this pending litigation, I see extreme conflict. I know there are two attorneys sitting here, I
see a conflict of interest in approving this site plan amendment or building permit. Would I be
on base with that?
JUSTICE EVANS: We don't have anything to do with that.
MR. SHIPMAN: No, I know you don't.
SUPERVISOR RUSSELL: They are a separate discretionary board and we can't interfere with
their decision making but I will tell you that Board is very diligent about discussing their issues
with the town attorneys, so they should be aware of every aspect of the issues with regard to that
site. I am quite confident they are.
MR. SHIPMAN: I just feel that if they approve anything prior to the completion of any of this
litigation, that in and of itself is criminal. I think the Vineyard is actually going out of their way
to try to sneak approval in, so that if they do get disciplined by New York State liquor authority,
they can go to appeals court and they can say hey, the town approved this 40x100 permanent
structure for us to have these events in, they told us we couldn't have tents but now they aze
approving this structure. They told us we could only park 34 vehicles and by the way, the
parking lot they have on their plan is already in place, so that might be a good idea for the
building inspector to go take a look at that. The liquor license, obviously they are not supposed
to, part of the violations from the New York State liquor authority in violation of their license is
the cigar shop was never approved as a second business throughout this, so if they don't have a
current license and they are operating under the SAVA, how do you prove anything? how does a
separate entity from the Town Board, knowing that that's in place or that they are not advised
that that's in place, how do we approve that?
SUPERVISOR RUSSELL: I am quite confident in the Planning Board's ability to know all of
the facts before making any decision.
June 4, 2013 Page 48
Southold Town Board Meeting
MR. SHIPMAN: Okay. My concern here is that this is a business, there are three wealthy
families and another question is, how much have we spent, the taxpayers of Southold Town on
litigation with this vineyazd? $15,000-$20,000?
SUPERVISOR RUSSELL: The....
MR. SHIPMAN: The special counsel told me I could FOIL a request but I am pretty much tired
of red tape.
COUNCILMAN TALBOT: Whatever it is, it has been too much.
MR. SHIPMAN: Exactly.
SUPERVISOR RUSSELL: We spent, there has been a tremendous amount of town resources
allocated to the issue with regazd to weekend policing and everything else. So, Bill, we heaz
you, we understand what you are saying.
MR. SHIPMAN: I know you understand and I truly believe that but I am here to put it in a
public forum so that somebody, sitting home on their couch, sees what is going on, maybe will
try to help me push the issue. Because this is, you have the business, they aze making a ton of
money, they have a ton of money, they aze tormenting a neighborhood and they aze trying to
dictate to a Town Board, to a government, that they can pay an attorney to interpret anything the
way they want it interpreted and to bleed a government, a small town government, out of money.
SUPERVISOR RUSSELL: Well, we pay attorney's to interpret things the right way, so...
MR. SHIPMAN: I know that. Somebody is going to have to be held responsible for that amount
of money, I can't see how justice, for them to rip us off, just to find justice. And I want to
discuss one of the special events permits, a section.
SUPERVISOR RUSSELL: Yes.
MR. SHIPMAN: The one that states `outdoor events at a winery for profit at which the expected
attendance exceeds the maximum occupancy of the public area of the building' if a building,
hypothetically, has 450 people at their event or their location and their maximum occupancy is
125, are they in violation of this?
TOWN ATTORNEY FINNEGAN: They would be required to have a special event if they
expect that many people and the way it has been interpreted as if, they allow wineries that get,
you know, have a good day. And they are just having a regular wine tasting day and people
come and people go. There is a difference between that and actually planning and inviting a
large group of people. We have always taken the position that in that situation, under our current
code as it is right now, special events code, that that type of event would require a special event
permit. That type of activity would require a permit.
MR. SHIPMAN: Over the last three years now, would you agree with me that their Saturday
functions, even though it is hard to prove....
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Southold Town Board Meeting
TOWN ATTORNEY FINNEGAN: We can't really go into this, this is the subject of the
litigation and that's why we have the injunction in place, because we have already made those
azguments in court and the court has agreed with those arguments. So we are on it. Okay? We
understand the issues and we can't close them down but the court has constrained what they can
do significantly.
MR. SHIPMAN: Okay, June 151, approximately 450 people are at the vineyard. I called because
I feel that they are over occupancy. Nobody tells me if they even issued a violation or not.
Other times that I have called last year, when they say they are going to issue those violations,
none of them were ever issued.
TOWN ATTORNEY FINNEGAN: There have been numerous violations issued to them for not
having special events permits over the last two yeazs, I can tell you that.
MR. SHIPMAN: Okay, so what I am getting at, June 15`, I called. Told them they were having
an event, they had over 450 people at that location. They told me that I can get an FOIL report
and I don't get anywhere with that. Were they cited or were they not cited?
TOWN ATTORNEY FINNEGAN: I have no idea.
MR. SHIPMAN: Well, could somebody find out forme?
SUPERVISOR RUSSELL: You are always free to call me at the office and I can look into it for
you but I can't answer the question until I have the opportunity to discuss it with the police
department.
MR. SHIPMAN: Right. Which I totally understand. During these events, they also park their
limos and their busses down Commerce Drive. The industrial pazk. A half dozen, a dozen
busses. And they aze also parking their big tour busses on the property of Mattituck Sanitation.
So that is probably not an authorized use of that particular property. So I guess the point I am
trying to get at, this is going on three years, they are outmaneuvering or trying to outmaneuver
and out spend the town. So I think that something has to be done where you aze going to tell
them or somebody is going to tell them that if they are having that many people at that particular
location it is either a violation or it is not. Because if you are not going to have that violation,
why should I continue to call? You allow them to do it, why should I even bother? Why should
I get all twisted up because either you are going to do something or you are not going to do
something. So this is where the communication really isn't coming out. I was here three months
ago, four months ago anticipating the opening, so for the last couple of weeks they have been
quiet and all of a sudden they decide that since they had 300 people there, nobody called, and
then they bump it up to 450, 500 people. I am still having a problem with the limos doing the U-
turn in the same spot that I have been talking about for the last three years and I am not here to
be totally obnoxious but they are still making their money, they are still tormenting us and have
the audacity to say that they would like to discuss and come to an agreement with us. So for
201 I , 2012 all the managers and the owners are too busy to meet with us but now all of a sudden
they want to make things right. I think they are grasping at straws. Even though I am jumping
all over the place, back to the special events, if someone can tell me that it is going to be
enforced in a certain way so that they can forward that information to the police department,
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Southold Town Board Meeting
maybe I can get something in writing so when somebody tells me it is not enforced that way, I
can say yeah, it is supposed to be enforced this way. Dealing with five, six different officers that
come each time and there is no set response to this. I don't need an answer tonight, I don't need
an answer tomorrow, it is just questions that azen't answered. Thank you.
COUNCILMAN TALBOT: Thanks, Bill.
Laurie Helinski, Cutchogue
LAURIE HELINSKI: Being that I live on County Route 48, I realize it is a county road, it's just
(inaudible). Every weekend I am either, my kids or myself are damn near killed trying to get in
my driveway and they are parked on the shoulder (inaudible). Every weekend they aze parked
there. Inaudible. Is that under the town's purview or aze we just out of luck because it is a
county road?
TOWN ATTORNEY FINNEGAN: Well, right now they shouldn't be parking any cars on, we
don't have parking regulations on the county road obviously because we can't regulate, there are
no no pazking restrictions on the road but they are not allowed to have more vehicles on the site
right now than they are allowed under the site plan, which is 34 vehicles. They are not supposed
to have any vehicles other than on the site. Are you saying this happened recently.
MS. HELINSKI: This is what happens because you won't allow them to have them on their
site? They pazk in front of my yard. That's the only shady spot. And I azn out there, most of the
time I go to work on Saturday because I can't stand to be there anymore, at all, I can't go in and
out of my yazd because at least five or six times I have to go out there and ask the limo drivers to
move. Last Saturday I had a bus empty out 100 or so people out of the bus and walk over to the
vineyard. I don't know why, there is supposed to be communication, according to Pat Moore,
but they are not and they are not nice. And I am tired of the constant (inaudible) your running
vehicle because I don't really need to breathe your exhaust but I need to be able to pull in and out
of my driveway. They don't care, they are not nice and is there anything that you can do at all?
TOWN ATTORNEY FINNEGAN: Well, I think you should call the police if that happens.
They should be containing the vehicles.
MS. HELINSKI: So I should call the police and get the operator that says you again? Okay.
COUNCILMAN TALBOT: You know what? if you do that and you get that response, ask for
their name.
MS. HELINSKI: Oh, well, we have had the number of responses of well, the vineyard has been
there a long time.
COUNCILMAN TALBOT: That has nothing to do with it.
MS. HELINSKI: Well, my family has been here four or five generations, too.
COUNCILMAN TALBOT: You are guys aze enduring a living hell there and we don't want it
either, either they reign it in or we are going to try, obviously we are trying to work with them to
get this thing done...
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Southold Town Board Meeting
MS. HELINSKI: I know that the wheels of government just moves ever so slowly, especially
when they are going to drag it out and drag it out and drag it out.
COUNCILMAN TALBOT: That is the court system.
MS. HELINSKI: I understand that, it is not going to change any time soon which is why my for
sale sign is still out there.
COUNCILMAN TALBOT: Yeah, that's a shame that you guys have been in town your whole
life and you have got to move out because you have a crummy business next to you.
MS. HELINSKI: Our life has been ruined. Ruined. I could go on, you guys know. You have
heazd it before, it is just an ongoing issue for me and my family. You know, outside of the
(inaudible) that we have to fight with but it is just, I get very upset.
SUPERVISOR RUSSELL: We understand. Would anyone else like to comment on any
particulaz issue at this time?
George Aldreroft
MR. ALDCROFT: Inaudible.
SUPERVISOR RUSSELL: George, I am just going to have to ask you to go to the microphone
otherwise she won't be able to transcribe the minutes.
MR. ALDCROFT: I have had the privilege of living out here 30 plus years and we have a
beautiful place to live and I know you guys have been tremendously supportive of Goldsmiths
Inlet but I tell you something, if we don't somehow figure out what we do here to kind of protect
our azea, then I am afraid we aze going to hear somebody just like that gentleman said, oh, you
remember how the North Fork used to be? Well, come to see us over here. I don't want to see
that happen. This is a beautiful area, I am willing to volunteer as much time as I can and I think
there are a lot of other people around here, we are willing to work with you, do whatever we can
to help keep this town a beautiful place for all of us to live. So if you need any help from us, you
know you have got it. Thank you.
SUPERVISOR RUSSELL: Would anybody else like to comment on any issue?
UNIDENTIFIED: I am going to second what George just said, I hear this woman, I have heard
this gentleman a couple of times, this is scary. (Inaudible) And if this man came in here with a
shotgun and we read a horror story in the newspaper, it wouldn't surprise me. It's just, like they
said, we know that you are doing something, we know it but it is going too slow. I mean,
(inaudible) after the two and a half years 1 have heard it. I mean, (inaudible)
COUNCILMAN TALBOT: You know, too many people are going to....
UNIDENTIFIED: Inaudible.
COUNCILMAN TALBOT: Nobody wants this done more than us.
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Southold Town Board Meeting
SUPERVISOR RUSSELL: Right. Nobody wants this....
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: Would anybody else like to comment on any issue?
Mary, McTigue
MARY MCTIGUE: I am going to bring up the leash law again. Mary McTigue from Southold.
I need clarification on just the compromise you aze trying to sort out. When it comes to picnic
areas, is that just for beaches or is that for all of the parks?
COUNCILWOMAN DOHERTY: For town owned.
MS. MCTIGUE: Town owned property?
COUNCILWOMAN DOHERTY: Yes.
MS. MCTIGUE: Okay and the way I understand the compromise now, after 6:00 when the
lifeguards leave, the dogs can possibly be unleashed. Right?
SUPERVISOR RUSSELL: Yes. Actually there are only three or four beaches that actually have
life guazding, those are the beaches that we would not permit pets during the life guazd being on
duty but all beaches after 6:00 you would be allowed to take a dog to the beach and then have the
dog run without a leash.
MS. MCTIGUE: Okay. I am going to have to write a letter with my thoughts on it but can I just
ask, these aze town beaches, you can't smoke a cigarette on the beach, right?
SUPERVISOR RUSSELL: I don't know how the state regulates, I imagine the state takes a hazd
line stance...
MS. MCTIGUE: Can you smoke a cigarette on these beaches out here?
SUPERVISOR RUSSELL: We have not adopted any policy, to my knowledge, that addresses
smoking in outdoor spaces. Only within the buildings and within certain perimeter of the
buildings.
MS. MCTIGUE: And do you have an enforced, for lack of better phrasing, the pooper scooper
law? Do you enforce that now?
SUPERVISOR RUSSELL: We are certainly trying. It is a struggle, there is no doubt about it.
that is part of, every time you talk about leashing that issue comes up.
MS. MCTIGUE: Do you fine anyone for it now?
SUPERVISOR RUSSELL: We have been discussing any changes that we proposed with the
leash law, the enforcement side is part of the equation that we are still undertaking with the
police department. We had the work session discussion to discuss what we would like to see to
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Southold Town Board Meeting
revise and settle the issue but enforcement is going to be an issue no matter what law you talk
about, whether it is special events at wineries or whether it is picking up after your dog.
MS. MCTIGUE: I get mixed up with the public...
COUNCILWOMAN DOHERTY: Feel free to call me and I will sit and explain it to you.
MS. MCTIGUE: I just want to understand it. If dogs can run on the beach without the leash,
why, can they go to the public pazk and run the same, without the leash?
SUPERVISOR RUSSELL: Parks, town owned parks that are preserves are each regulated by
their own management plan.
MS. MCTIGUE: Peconic Lane park?
SUPERVISOR RUSSELL: Peconic Lane park, there is, those are recreational facilities that
require leashing.
MS. MCTIGUE: Why do they require leashes and not the beaches?
COUNCILMAN TALBOT: You mean Tasker or Cochran parks?
MS. MCTIGUE: Yeah.
COUNCILMAN TALBOT: Because they are recreation fields and they have the dog park just
500 feet to the south there where you can run a dog around there. they don't want them running
around on the playing fields. Simple as that.
SUPERVISOR RUSSELL: The thing with beaches is we have been able to cull out segments
during the day where most people are on the beach....
MS. MCTIGUE: No, I think that is where you are really wrong because people work 9 to 5, so
the people that come home at 5:00 lose their rights to enjoy the beach peacefully?
SUPERVISOR RUSSELL: That is a fair point.
MS. MCTIGUE: I know it is not done. I just don't know how we got past sanitazy reasons.
COUNCILMAN TALBOT: That was in place already....
SUPERVISOR RUSSELL: That is a separate law that is already part of the town code.
COUNCILWOMAN DOHERTY: That wasn't part of this review. It is already on the books.
MS. MCTIGUE: Because Riverhead will not accept change in their code, they do not allow
dogs. Southampton has a time frame, April 1 to October 1, no dogs. And they impose and
probably make a lot of money on the fines. They are $250 for a penalty. So I just think, again,
we are ahead of something that we need to evolve at a slower pace because we don't even do it
right as it is. That is all.
SUPERVISOR RUSSELL: Thank you.
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COUNCILMAN DINIZIO: Write that letter.
Supervisor Russell
SUPERVISOR RUSSELL: Would anybody else like to address the Town Boazd on any issue?
(No response)
Motion To: Adjourn Town Boazd Meeting
RESOLVED that this meeting of the Southold Town Boazd be and hereby is declazed adjourned
at 9:35 P.M.
+ * ~ * 1+
Eliz th A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell