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HomeMy WebLinkAboutTB-04/09/2013 ELIZABETH A. NEVILLE ~9 3~FFpIt Town Hall, 53095 Main Road TOWN CLERK ~yq PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS F Fax (631) 765-6145 MARRIAGE OFFICER tgYpf ~ao~ Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING April 9, 2013 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 9, 2013 at the Meeting Hall, Southold, NY. Call to Order 7:30 PM Meeting called to order on April 9, 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 1. Reports 1. Special Projects Coordinator 2. Building Department 3. Justice Rudolph H. Bruer 4. Fishers Island Sewer District H. Public Notices 1. NYS Liquor License Renewal Page 1 April 9, 2013 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 A.M. - Mayor Nyce, Village of Greenport 2. 9:15 A.M. - Lillian Ball & Missy Weis 3. 9:30 A.M. - Mark Terry & Alan Kraus 4. 9:45 A.M. - Chief Flatley 5. 10:00 A.M. - Jim McMahon 6. 10:15 A.M. - Michael Collins & Jamie Richter 7. Code Enforcement Officer Update 8. Appointments for Various Committees Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:40 AM for the purpose of discussing the following matters: (1) The proposed acquisition, sale or lease of property which if disclosed would substantially affect the value thereof. (2) Strategy discussions regarding proposed, pending or current litigation on following matters:Henry Traendly, et al. vs ZBA; Nocro, Ltd. and the Heritage at Cutchogue, LLC v. Town of Southold, et al (3)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. (3)Collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law), relating to CSEA and PBA negotiations. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 9. 11:30 A.M. - Executive Session - Melissa Spiro 10. EXECUTIVE SESSION - Litigation April 9, 2013 3 Southold Town Board Meeting 11. EXECUTIVE SESSION - Labor Recusals from discussion The following persons recused themselves from further discussions and left the room at 1:46 PM: Supervisor Scott Russell; Town Attorney Martin Finnegan; Phillip Beltz; Lauren Standish; Michelle Tomaszewski. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 2:35PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell 12. 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 Board until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 13. Added Resolutions from Executive The following resolution(s) were added to the agenda as a result of this Executive Session: Resolution Number 2013-306 Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I am going to invite anybody that wants to comment on any of the agenda items to please feel free at this point. Any items on the agenda? (No response) Okay, we will get the business of the agenda done and then I will take open comment right after that. V. Resolutions 2013-285 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audit April 9, 2013 4 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 9 .2013. V Vote Record - Resolution RES-2013-285 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter El ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-286 CATEGORY.- Set Meeting DEPARTMENT.- Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 23, 2013 at the Southold Town Hall, Southold, New York at 4:30 P.M.. V Vote Record - Resolution RES-2013-286 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 Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-287 CATEGORY. Attend Seminar DEPARTMENT. Accounting Alternative Fuel Vehicle and Fueling Station Symposia April 9, 2013 5 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Councilman William Ruland, Deputy DPW Director Jeffrey Standish, Director of Human Services Karen McLaughlin and Town Comptroller John Cushman to attend a free alternative fuel vehicle and fueling station symposia at the Culinary Arts Center at Suffolk County Community College in Riverhead on Friday, April 26, 2013, travel to be with a Town vehicle. V Vote Record - Resolution RES-2013-287 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Ruland Voter ? ? 0 ? ? Supervisor's Appt Jill Doherty Voter 0 ? - ? ? ? Tax Receiver's App! Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-288 CATEGORY. Attend Seminar DEPARTMENT.- Human Resource Center Approval for Jacqueline Martinez, Senior Center Mgr to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby AMENDS resolution 2013- 261 adopted at the March 26, 2013 meeting to change the location and date to Hotel Pennsylvania, New York, N.Y. on Wednesday Aril 10, 2013 I Vote Record - Resolution RES-2013-288 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisor's App! Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter Rl ? ? ? ? Supt Hgwys Appi ? No Action 2013-289 April 9, 2013 6 Southold Town Board Meeting CATEGORY. Contracts, Lease & Agreements DEPARTMENT.. Accounting Execute the Amendment Between the Town of Southold and the New York State Department of Transportation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment between the Town of Southold and the New York State Department of Transportation in connection with a no-cost extension of time extending the term of Contract #C022403, PIN SB09.03.321 (North Fork Trail, Scenic Byway, Bay to Sound Project to Jul 31, 2013, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2013-289 ® Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? 0 ? Withdrawn William Ruland !Mover 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter El ? ? ? ? Rescinded Louisa P. Evans Seconder El ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-290 CATEGORY.. Attend Seminar DEPARTMENT. Town Clerk Amend Resolution No. 2013-250 to Change in Date of Training for BOAR RESOLVED the Town Board of the Town of Southold hereby AMENDS resolution No. 2013-250 adopted March 26, 2013 to reflect a change in the date of the training session from May 1, 2013 to April 30, 2013 as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jonathan Wiggins, Phyllis Atkinson, Cara Wells, Gerard Schultheis, Nicholas Planamento, (members of Southold Town Board of Assessment Review), to attend training at the Riverhead County Center on May 1, April 30, 2013. The expense for travel to be reimbursed from the Assessors 2013 budget. Vote Record - Resolution RES-2013-290 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William Ruland Voter 0 ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? April 9, 2013 7 Southold Town Board Meeting ? Supervisor's Appt Christopher Talbot Seconder 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Mover 0 ! ? ? ? ? Rescinded Scott Russell Vote : ? ? - ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-291 CATEGORY.• Attend Seminar DEPARTMENT: Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Inspector Gary Fish, Fire Inspector Robert Fisher, Electrical Inspector Roger Richert and Chief Building Inspector Michael Verity to attend a seminar on Fire and Structural Inspections for Public and Private Schools and Residential Decks and Pools in Quogue, New York, on April 11, 2013. All expenses for registration and travel to be a legal charge to the 2013Buildin Department budget (meetings and seminars). I Vote Record - Resolution RES-2013-291 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 Appt Jill Doherty Voter 0 ? ? - ? ? Tax Receiver's Appt Christopher Talbot Mover 0 ? ? - ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-292 CATEGORY: Budget Modification DEPARTMENT.• Public Works 2012 Budget Modification Financial Impact: To cover over expended line in 2012 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General April 9, 2013 8 Southold Town Board Meeting Fund Whole Town budget as follows: From: A. 1620.4.400.100 Buildings & Grounds Building Maintenance & Repair $4,316 To: A.1620.4.200.200 Buildings & Grounds $4,316 Light & Power ? Vote Record - Resolution RES-2013-292 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover a ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 13 ? ? ? Supt Hgwys App[ ? No Action 2013-293 CATEGORY. Attend Seminar DEPARTMENT: Highway Department CSEA Peer Trainer Refresher RESOLVED that the Town Board of the Town of Southold hereby grants permission to Thomas Skabry, CSEA president, to attend a CSEA Peer Trainer Refresher seminar, in Albany, New York on April 16 - 18, 2013. All expenses for seminar to be at the expense of the CSEA. ? Vote Record - Resolution RES-2013-293 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action April 9, 2013 9 Southold Town Board Meeting 2013-294 CATEGORY.' Authorize to Bid DEPARTMENT.• Police Dept Bid for Boat Motors PD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for Boat motors for the Police Department. Vote Record - Resolution RES-2013-294 -9 --Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland !Mover Rl ? ? ? ? Supervisor's APpt - Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Apia Christopher Talbot - Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-295 CATEGORY. Employment - Town DEPARTMENT.• Accounting Appoint PT Clerk Tax Receiver's Office RESOLVED that the Town Board of the Town of Southold hereby appoints Amy Maguire-Burns to the position of Part-Time Clerk in the Tax Receiver's Office effective April 15, 2013 at a rate of $12.92 per hour, position not to exceed 17.5 hours per week. V Vote Record - Resolution RES-2013-295 ? Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent 0 Tabled James Dinizio Jr Voter 0 ? 0 ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action Nest: 4/23/13 4:30 PM April 9, 2013 10 Southold Town Board Meeting 2013-296 CATEGORY.- Employment - FIFD DEPARTMENT. Accounting Rescind Resolution 2013-252 & Appoint Logan Glidewell PT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted April 1, 2013 that rescinds resolution number 2013-252 dated March 26, 2013 and appoints Logan Glidewell to the position of part- time Deckhand. V Vote Record - Resolution RES-2013-2% 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? 0 ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Apia Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-297 CATEGORY.- Contracts, Lease & Agreements DEPARTMENT. Town Attorney Execute the Agreement Between the Town of Southold and the County of Suffolk, Acting through Its Duly Constituted Sheriff's Office, in Connection with the NYS Office of Homeland Security Port Security Grant Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the County of Suffolk, acting through its duly constituted Sheriff's Office, in connection with the NYS Office of Homeland Security Port Security Grant Program regarding grant funds in the sum of $191,410.00 for the term commencing on May 31, 2013 and ending on May 31, 2014, with a one year renewal option, subject to the approval of the Town Attorney. r Vote Record - Resolution RES-2013-297 0 Adopted ? Adoptedas Amended Yes/Aye No/Nay Absstaff tain Absent April 9, 2013 I 1 Southold Town Board Meeting ? Defeated James Dinizio Jr Mover 0 ? ? ? ? Tabled William Ruland Seconder 0 ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisors Appt Christopher Talbot Voter 0 ! ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded - Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-298 CATEGORY.- Budget Modification DEPARTMENT: Fishers Island Ferry District 2012 Budget Modification - FIFD Financial Impact: to cover over expended line items 2012 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 1, 2013, as follows: RESOLVED that the Commissioners of the Fishers Island Ferry District hereby amend the 2012 Fishers Island Ferry District budget as follows: Increase Revenues SM.5990.00 Appropriated Fund Balance $ 5,113 Total $ 5,113 Increase Appropriations SM.1420.4.000.000 Legal Fees and Fines $ 2,663 SM.5710.4.000.000 Ferry Operations, Other $ 400 SM.5712.4.000.000 Commissioner Fees $ 2,050 Total $5,113 Vote Record - Resolution RES-2013-298 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter El ? ? ? ? Tabled William Roland Seconder 0 ? ? ? ? Withdrawn Jill Doherty Mover 0 ? ? ? ? Supervisor's Appt Christopher Talbot Voter 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Apin ? Supt Hgwys Appt April 9, 2013 12 Southold Town Board Meeting ? No Action 2013-299 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2013 Budget Modification - FIFD Financial Impact: cover Ferry dock expenses RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 1, 2013 as follows: RESOLVED that the Commissioners of the Fishers Island Ferry District hereby amend the 2013 Fishers Island Ferry District budget as follows: Decrease Appropriations SM.5709.2.000.000 Repairs, Other 12,300 Total $ 12,300 Increase Appropriations SM.5709.2.000.200 Repairs Docks & Terminals 12,300 Total $12,300 ? Vote Record - Resolution RES-2013-299 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Mover lZ ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-300 CATEGORY.- Trailer Permit DEPARTMENT: Town Clerk Manwaring Trailer Permit Renewal April 9, 2013 13 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby grants approval of the trailer permit renewal of Charles Manwaring dba Southold Fish Market, Southold, New York, for a period of three (3) months from March 10, 2013, to locate a trailer on the property at 64755 Route 25, Greenport, NY, SCTM # 1000-56-4-22 to be used as a temporary retail fish market. ? Vote Record - Resolution RES-2013-300 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr voter 0 ? ? ? ? Withdrawn William Ruland 7w El ? ? ? ? Supervisor's APpt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's APpt Christopher Talbot seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover El ? ? ? ? Town Clerk's App[ Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action Comment regarding resolution 300 COUNCILWOMAN DOHERTY: Scott, I have a correction on that. Do we want to stay extend? Because it says grants starting from March 10, 2012, it should say extend it.... COUNCILMAN TALBOT: It should be March 10, 2013. 2013-301 CATEGORY. Contracts, Lease & Agreements DEPARTMENT.• Town Attorney 2013 Letter of Intent WINYS EFCIPump-Out Boats RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, request for reimbursement form, and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance Program Operation & Maintenance Grant Program Annual Application for 2013, for grant funds up to the maximum amount of $5,000 per boat regarding the two pump-out boats owned and operated by the Town of Southold, utilized for the Town and Fishers Island, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-301 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter El ? ? ? ? Defeated William Ruland Voter 0 ? ? ? April 9, 2013 14 Southold Town Board Meeting ? Tabled Jill Doherty Voter ® ? ? ? ? Withdrawn Christopher Talbot Mover ® ? ? ? ? Supervisor's Appt Louisa P. Evans seconder ® ? ? ? ? Tax Receiver's Appt Scott Russell Voter ® ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action Comment regarding resolution 301 COUNCILWOMAN DOHERTY: Scott, may I just say something on this? I want to recognize Liz in the office of the Trustees. Because of her record keeping and her diligence in collecting the records from the employees, we get this, we usually get the full $5,000 every year and if we didn't have the records kept that we probably wouldn't. So I just wanted to say that we appreciate her due diligence with this. 2013-302 CATEGORY: Budget Modification DEPARTMENT.• Accounting Create Capital Budget for Exchange Server Upgrade Financial Impact: Formally create project in 2013 Capital Budget for the Exchange Server Upgaade WHEREAS the Town Board of the Town of Southold adopted a 2013 Capital Budget which includes a $70,000 appropriation for the Exchange Server Upgrade and WHEREAS the Town's Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2013 Capital Fund: Capital Project Name: Exchange Server Upgrade Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Interfund Transfers $70,000 Appropriations: H.1680.2.600.400 Central Data Processing Capital Outlay Exchange Server Upgrade $70,000 April 9, 2013 15 Southold Town Board Meeting ? Vote Record - Resolution RE3-2013-302 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr mover 0 ? ? ? ? Withdrawn -William Ruland Voter 0 ? ? ? ? Supervisor's APpt Jill Doherty Voter 0 ? ? : ? ? Tax Receiver's Appt Christopher Talbot Voter 0 0 ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-303 CATEGORY: Public Service DEPARTMENT: Police Dept Police Department - Job Shadow Day RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following students from the listed local High Schools to participate in a day of iob shadowing at the Southold Town Police Department on Friday, April 12, 2013: Greenport High School Austin Hooks Codey Fisher Jennifer Martinez Jasmine Luke Mattituck Hi School Desirae Hubbard Christian Montgomery Southold Hieh School Matt Stepnoski Justin Kirincic ? Vote Record - Resolution RES-2013-303 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William Ruland Seconder 0 ? ? ? ? Tabled Jill Doherty Mover 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Voter 0 ? ? ? ? Tax Receiver's Appt Scott Russell Voter 121 ? ? ? April 9, 2013 16 Southold Town Board Meeting ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-304 CATEGORY.• Attend Seminar DEPARTMENT. Human Resource Center Permission for Human Services Director to Attend Meeting on Emergency Preparedness for Seniors RESOLVED that the Town Board of the Town of Southold hereby grants permission to Karen McLaughlin, Town Human Services Director and Deputy Emergency Preparedness Coordinator to attend a multi-agency meeting for coordinating and enhancing efforts in emergency preparedness for vulnerable seniors at the EMS Division Office in Yaphank April 10, 2013 from 10:00am to 12:30. All expenses for travel to be a legal charge to the 2013 Programs for the Aging budget (meetings and seminars). V Vote Record - Resolution RES-2013-304 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? - ? ? ? Withdrawn William Ruland Mover 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-305 CATEGORY: Employment - Town DEPARTMENT. Accounting Acknowledges the Intent to Retire Darline Duffy RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Darline J. Duffy from the position of Board of Assessors Member for the Assessors De artment, effective as of the close of business May 31, 2013. V Vote Record - Resolution RES-2013-305 0 Adopted Ves/Aye No/Nay Abstain Absent April 9, 2013 17 Southold Town Board Meeting ? Adopted as Amended James Dinizio Jr Voter ® ? ? ? ? Defeated William Ruland Voter ® ? ? ? ? Tabled Jill Doherty Voter ® ? ? ? ? Withdrawn Christopher Talbot Seconder ® ? ? ? ? Supervisor's Appt Louisa P. Evans Mover ® ? ? ? ? Tax Receiver's Appt Scott Russell Voter - El ? ? [3 ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action Comments regarding resolution 305 COUNCILMAN TALBOT: We wish her well in retirement and thanks for her service, her long service. 2013-306 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set Public Hearing New Suff Land Co (PLT) Dev Rights Easement RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2013, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by New Suffolk Land Co. IV, LLC (Peconic Land Trust, Incorporated as Contract Vendee. Said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and situated on the easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 13.897± acres (subject to survey) of the 15.734± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.897± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 April 9, 2013 18 Southold Town Board Meeting Route 25, Southold, New York, and may be examined by any interested person during business hours. ? Vote Record - Resolution RES-2013-306 El Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter ® ? ? ? Withdrawn William Ruland Voter ® ? ? ? ? Supervisor's Appt Jill Doherty Voter ® ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover Ea ? ? ? ? Rescinded Louisa P. Evans ! Seconder ® ? ? ? - - ? Town Clerk's Appt Scott Russell Voter ® ? ? ? ? Supt Hgwys Appt ? No Action 2013-307 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Accounting Accept Proposal for a Trial of Vehicle Tracking Units RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Vehicle Tracking Solutions, LLC to supply and install 10 vehicle tracking units in Town vehicles with full access to VTS's Silent Passenger application at no cost or obligation to the Town of Southold fora period of two weeks, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2013-307 ® Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover El ? ? ? ? Withdrawn William Ruland Seconder ® ? ? ? ? Supervisors Appt Jill Doherty Voter 0 ? ? ? ? Tax Receivers Apia Christopher Talbot Voter ® ? ? ? ? Rescinded Louisa P. Evans Voter a ? ? ? ? Town Clerk's Appi Scott Russell Voter 21 ? ? ? ? Supt Hgwys Appt ? No Action 2013-308 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk April 9, 2013 19 Southold Town Board Meeting Re-Advertise Old Mill Rd Propery RESOLVED the Town Board of the Town of Southold authorizes and directs the Town Clerk to re-advertise the sale of certain real property described as follows: SCTM No. 1000-106-6-2, N/E Mill Road, Mattituck. ? Vote Record - Resolution RES-2013-308 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? - ? ? Withdrawn William Ruland Seconder 0 ' ? ? ' ? ? Supervisor's APpt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? 0 ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? - ? ? Supt H" Appt ? No Action 2013-309 CATEGORY.: Budget Modification DEPARTMENT: Community Development Downs Farm Preserve & Nature Center Improvements Financial Impact: Park & Playground Funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town Budget as follows: To Revenues: A.2025.00 Special Recreation Facility Park & Recreation $5,000 Appropriations: A.1620.2.500.830 Downs Farm Improvements $5,000 ? Vote Record - Resolution RES-2013-309 0 Adopted ?Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated James Dinizio Jr Voter 0 11 ? ? ? Def ? Tabled William Roland Mover 0 ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Seconder 0 ? ? ? ? Tax Receivers Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott Russell Voter 0 13 ? 13 April 9, 2013 20 Southold Town Board Meeting ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action Closina Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda of the Town Board, I would invite anybody that would like to address the Town Board at this time to feel free? Dan? Dan Catullo, Mattituck DAN CATULLO: Deja vu all over again. To start off with, I was talking with Jill before. This meeting, this community meeting we are supposed to have, is that set for April 25 you said? COUNCILWOMAN DOHERTY: Yes. MR. CATULLO: And you have a time on that? COUNCILWOMAN DOHERTY: You know, it was such a busy day. Philip Beltz is writing up the ads and it will go into next weeks paper. SUPERVISOR RUSSELL: We anticipate advertising the date and the time in next weeks, what we call Town Happenings, it is a half page ad we run as part of the reaching out to the community when things go on. MR. CATULLO: There is some time sensitivity to all of this. We can recognize that I am concerned about it because in exactly one month to the day, it will be a year, an anniversary day that I had that attack. And so it seems really unreasonable that this thing has stalled so long. This guy still walks the same beach, perhaps in the same footsteps with his unleashed dog, across my yard and without any sense of contrition, without, I mean, with total hubris. It is just not right and I am suffering with this and he is being rewarded with this, I mean, after that performance two weeks ago, it's disgraceful. And that is why I was, I was interested in having this meeting but that is going to be a stall out, so I have suggested something in addition to this community meeting. Which is of interest I think and may have some head scratching, but here's what I have. I would like to request and maybe more than request that the public be made aware of the property line at Bailie Beach, that is the eastern most border of the town's property itself. Made aware in the sense of a sign or signs that say private property beyond, to this effect, you can talk to Jeff Standish about the exact wording of this and no unleashed dogs, we will go back to that again, no unleashed dogs so I don't have to suffer what I have been suffering not only from the attack that was made but from the barrage that I get from all the, the flack I get from people that are opposed to this situation and the stance that I have taken. The sign should also and there should be a map. One of the women you had speaking here said something about a highlighted map. There is a lot of confusion about Bailie Beach. A lot of people in this town April 9, 2013 21 Southold Town Board Meeting have no idea what Bailie Beach is. They know it is somewhere near the inlet, they think it goes forever in every direction. Most of those speakers gave me the impression that this was like Kansas, you know, you just keep wandering if you want. So a highlighted map showing that rectangle, 50 feet, maybe 75, 80 however it goes back towards the water, into the water, at the water line, that should be obvious to anyone, a highlighted map. So that woman had the right idea on that. The sign to make people who are not, don't have that available map will outline the fact that this is private property over here. The park has the other side. The park has said no dogs there. This is private property. I said please, dogs okay but please on a leash. Hasn't, well it has happened but a lot of times it hasn't, as we can see from the example of last May, so this is the one thing and it should be as I say with due and deliberate speed because the anniversary is coming up. It should not be connected to the community meeting that we just talked about because I can see that going on, the meeting will be there, there will be more committees, there will be kicked around, the old kick the can down the road business. I don't see that, I would be happy to participate in any kind of community action that will bring about a compromise solution to that town wide dog problem. But this is something different. This is specific for this particular problem, that is why I am bringing it up now. It should precede any of those activities and there should be enforcement, I mean enforcement not this whatever has been going on since 1981. Two hundred dollar fine and escalated to who knows how for repeated abusers. I mean, these people just have no regard and the longer it goes on, like concrete hardening, it's going to be tougher to reverse this trend. I have been pretty lax on it until last May. My life was threatened and there are a lot of people out there that hate me because I was threatened with murder almost and that is the bizarre angle that I took from that meeting two weeks ago. So by having this enforced strictly, the question of the public trust doctrine again we didn't go into but by having the sign up there, there will be no availability for dogs in that area. It is open, the town can presumably enforce that the way they want. The public has the right to the open shores, to the fore shores but running dogs, unleashed dogs, that is ridiculous and if the town has any say, they should apply it to that specific situation because if for no other reason because of what I suffered and what my family can suffer. They don't go down to the beach anymore. I mean, that is ridiculous. This is my yard. It is about 1/10 of an acre, maybe between 1/10'h and 1/5 1h of an acre which is as much land that I lived on in Westchester before I moved here. That is the size of my yard in Westchester. That whole area. It is not a monstrous yard. It is not a medieval manor. I am not the lord, I don't pretend to be, I am not acting like a lord of the manor. As a matter of fact I mentioned that I have here, I have the newspaper article from the Suffolk Times, August 9`h, 2007. Scott, do you remember that day? Where's the beach headline here. That was us, you and I, my wife, my daughter and 30 other people marching for beach rights for people. We were in favor of beach rights. That is where I am at now. Beach rights to the sand, to the shore, to the sound water. So I don't want to be perceived as some elitist who's looking to have a domain of his own like certain people on the other side of the inlet do. We were there arguing with them. Yeah, I have support over there because we have been on the same page a lot. But the thing with dogs is something different again. And I mean free ranging dogs. There are a lot of good dog owners and they have leashed dog and they know how they behave and they pick up after their dog. We are talking about the bad out there and remember that a chain is as strong as its weakest link. And we have weak links, a lot of them around, breaking that chain of respectability which most dog owners have. Just remember that. Just to critique a few comments, I am not going to dwell a whole heck of a lot but there were a couple of comments April 9, 2013 22 Southold Town Board Meeting that were really pretty shaky in that meeting and a couple of them directed at me which I didn't appreciate. As fact, as far as I am concerned they were close to slander. Fellow Keller was the first speaker and he said no one should be in fear of being attacked by anyone's dog in town. Pardon? Oh, I am super sensitive to being interrupted as was two weeks ago. He also said that he, he claims that he understands there are fears concerning dogs. He also acknowledges the fact the court found for me in that court hearing that I had against Doherty and his dog. You wouldn't think so from that meeting but they found for me. And here is something that is not general knowledge, only by the people here at the end of that hearing, the judge looked at me and asked my after he found for my case, do you want this dog euthanized. I will repeat, the judge asked me, do you want this dog euthanized? I immediately and emphatically said no. and that dog is running around on the beach right now. If he had a leash it wouldn't bother me but the hubris of it all. And this guy got applause from that crowd. Pardon me, I am starting to get a little worked up just remembering what went on there. The battering that I took. At any rate, all these points are true that Mr. Keller made but he does go on to something that becomes shaky as is the case with a lot of these dog owners. He doesn't feel a leash should be in place at all times on public property as long as you have the leash with you, that is going to do it. that will solve the dog problem. it's as if this thing was a magic amulet, a talisman of some sort that is going to make everything right. Have it in your hand or in the car or whatever. I mean, this is, is this 2151 century reality. God, I can't believe it. that they should take a stance like this. Which is of interest is, the two people whose dog attacked me both had their leashes, nicely with them at the time. You can see how much help that was. So that is just a point to be made there about this a leash takes care of all things wherever it is. Nonsense. Alright, the second speaker, actually a subsequent speaker, one that followed me immediately at the podium here, he says he never, not once, `never, not once been accosted by any animal'. This happened immediately after I left the podium and immediately after I gave an impassioned description of what I suffered on that beach that day and that was really something, to have him come up and present that. By his happy circumstance, because of his happy circumstance, he doesn't feel that there needs to be any restrictive leash law. Really nice. A fellow town citizen, right? With the air still ringing with the description that I gave of that event and with the court action having been confirmed by Mr. Keller, who was the one that brought it up and redefined the fact that I had been found in favor of, this guy still comes out and claims that it is a phobia that is really propelling this thing forward. I am a phobic. All this stuff we went through, it maybe didn't happen. The court action? Well, maybe it didn't happen after all. I don't know how you come up with this kind of thinking. A phobia as you know being an excessive and irrational fear. Okay. all of the things that I have described would seem to be pretty rational, I don't know how you came up with the fact that I am driving this through an irrational fear and so is my family. By casting a wide net, he is having us all irrational into the bargain. It really offends me. Hyperbole really kicks in with this fellow. All the dog owners that he has met, `to a man are really, really nice people' that's two really's in there. I mean, and on it goes. They are all `extremely responsible' extremely. Responsible is not good enough. You have to really kick it up a notch, right? I mean, it's like this is a canonizing convention with all the apparent saints walking around town, I just, in fact, if they are saints they are a little faulty because they are all admittedly breaking the law by taking dogs to the beach in the first place. So we have to question that, too. This fellow who comes out from New York City, he seems to view this whole place as wide open terrain much like the Missouri territory of 1850, which is open to exploitation and trespass or maybe he April 9, 2013 23 Southold Town Board Meeting thinks of it as a Currier and Ives landscape where dogs don't bite and everyone, maybe phobics are excepted but everyone finds them warm, cute and fuzzy. Would that it were so. Would that it were so. We have all moved here, he moved here for a rural lifestyle, likes the farmland, likes the open land, likes to run his dog, fine. I moved here years before he did for a rural lifestyle but a pastoral one which includes a peaceful existence and a placid one and restful. And I can't find myself thinking of a restful existence when his dog or someone else's is racing at me over my yard and I don't know for what reason. We both have a commonality in them in the name, lifestyle. It has life in it both of our lifestyles. Well, no rocket science here, you have to be alive to appreciate your lifestyle and I don't see, I would like to have a life that is peaceful and I would like to have it in one piece. Pardon the hominine there. And every time I go to the beach it is like Russian roulette, I mean is this dog coming down, does he have bad designs? Is he going to be after me, after my throat? Or is he going to brush by benignly? And they will. A lot of them will. Or anything in between. And this guy that brushes by may just leave anxiety in his wake. It is still not a way to live. There was one bright spot, I think his name was Steve Feeney and he came up with a fact that was straight forward and simple and it was admirable, people come first. People come first. That is great. Really great. You know, someone, somewhere, somehow at some time for some reason saw some serious safety issues on the beach, free running dogs. Let's admire their prescience, let's act on it. Let's preserve life and limb. Don't yield to the cacophonous clamor for canine chaos. Let's leash the dogs. Thank you. SUPERVISOR RUSSELL: Okay, thank you Dan. I would invite anyone else who would like to address the Town Board on any issue? Yes, George. Feel free. George Lamoga, Mattituck GEORGE LOMAGA: Good evening, George Lomaga. I am representing Captain Kidd Estate civic association or community association. What I would like to do is, I just wonder if you guys had a discussion on the letter I sent you from our association? SUPERVISOR RUSSELL: Yes, we actually discussed the letter two weeks ago at work session. I don't know if it made it to the blog of the Suffolk Times website or the other paper but we did discuss the issue at work session. MR. LOMAGA: Okay. I did not happen to see it but can you tell me what transpired? SUPERVISOR RUSSELL: Just for anybody who is watching, the issues are, the questions: what is the updated status regarding free beach access for all residents. That, we are still governed by the public trust doctrine. There is no change to that, there is no amendment to that in any way. It is still the prevailing law of the land as dictated by the State of New York. Question number 2 is will the Town be taking any action regarding this issue as with close monitoring of shoreline access should it be needed. That is a good question, it is an ongoing conflict no doubt, the issues as to where the mean high water mark is and where it is not. We do the best we can on a case by case basis. There are certain flash points throughout the town without a doubt, we do the best we can to figure it out as those flashpoints erupt. MR. LOMAGA: Okay. April 9, 2013 24 Southold Town Board Meeting SUPERVISOR RUSSELL: Question number three, will the town be making a request to the State of New York or the federal government regarding rights to our beaches on the east end. This was a question that none of us could quite understand, we are not sure what the request would be, to what agency, what help would we be looking for? MR. LOMAGA: Okay, I can see your point. I will explain that. Inaudible. Oh, with regard to that Mr. Russell, what that meant is the fact that we would have free access to the beach and I would like you to look at the back of that, that happened to appear just a couple of weeks ago. I highlighted a couple of points there, which was sort of unique to see. It may be important for all the people to hear about it, I can read it myself. Okay, you want me to read it, Scott? Okay. I am just going to paraphrase it. What this is, this is an article that appeared in a Wading River paper, the title is `The ending of Wading River beach' and what I didn't know, it would be interesting to do a history on it, that we had a King James from Mattituck all the way over to Mount Sinai. Were you all aware of that? Everybody? I guess you are all aware. What struck me is the word forever, there should be free access along the beach forever and that was from Mattituck to Mount Sinai. To show you that particular situation, I thought I was ahead of the game or we were ahead of the game when we proposed this, the fence that goes up, goes up using I guess the DEC said April 1. This year it went up two days earlier. The next issue, at least on that particular fence, is that we are not looking for ourselves but we are looking for all the people, residents of Mattituck to be able to walk along the beach and what happened today, I bring in this for you so you guys can see, it shows the (inaudible) you can see there are questions on it, the weed line constantly moves and I don't think anybody has established what the mean high is. That was high tide today at noon. Inaudible, the fence length is about 8 feet. That was not on a windy day, it was a normal kind of high tides but when we do have super high tides, two more distances in that 8 foot stretch, that fence will be in the water again. From what I remember, what was granted, it was supposed to be 10 feet away from that weed line. So if you look at that weed line going east and west, it is a little bit to see from the waters edge but that fence will be back in the water again. So what I am contending is maybe you guys should take a look at it and see if that fence should be pushed back a little bit. I am also wondering where the property line ends? Is a person allowed to put fencing beyond the scope of their property line? I know there was some land added there. So I was wondering if people could check that for us? SUPERVISOR RUSSELL: The court decision relied heavily on what the court determined to be the intent of the deed. Apparently the judge believed the intent of the deed to deed the property to the mean high water mark which as you know has traveled somewhat northward with the accretion of sand there. So has the property grown in length as a result of the accretion? Yes, according to a judge, it had. Regarding the specific issues in the permitting and the fencing, I am going to defer to a Trustee, a former Trustee to answer that question. COUNCILWOMAN DOHERTY: Have you gone to the Trustees this season? Since the fence was put up? MR. LOMAGA: Not yet. April 9, 2013 25 Southold Town Board Meeting COUNCILWOMAN DOHERTY: That's what you should do because they need to inspect it and determine if further sections of fence need to be removed. MR. LOMAGA: Okay, so now I guess, the most important issue. Is there any way that we can check whether that was done in a fashion that was a proper fashion for that land to be turned over to the landowner? I mean, can't the town, that was the last issue, my point number 3. Can't you go back to the state and say to them, can we look at this again and say is this proper or not proper? SUPERVISOR RUSSELL: Okay, we had on several occasions made that request based on Mr. Cleary's request to us, the problem is the public trust doctrine is a state document it is not a town document. We need, we were hoping that the state would take the issue but we were unsuccessful. We can belabor this all we want but the reality is the state didn't come down and defend the issue when it was in a court of law and we are bound by a judge's decision. MR. LOMAGA: Now did the town itself ask for that to be done? SUPERVISOR RUSSELL: I believe we reached out to the New York State Department of State. MR. LOMAGA: Now, you said you believed.... SUPERVISOR RUSSELL: Yes, I am going to confirm with the attorney right now. MR. LOMAGA: To make sure that was done? TOWN ATTORNEY FINNEGAN: We made a request after all the inquiries last year to the DEC through their counsel and raised the issue and said that there were concerns about the placement of the high water mark and the determination of where it was and because the town, as you know, was not a party in the litigation, asked them to take whatever steps necessary to evaluate that and to analyze it and to get back to us and I don't believe, they said we will look into it and that is as far as we got. MR. LOMAGA: Okay, so you haven't got a response back from the state? TOWN ATTORNEY FINNEGAN: No response. I honestly don't recall, as I sit here right now exactly when we did that but I know we did that (inaudible) this discussion when we had the discussion last year. MR. LOMAGA: Two things come to my mind, number one, can that be asked have you been looking at it, can you go back to the state and say please try and look at it? TOWN ATTORNEY FINNEGAN: Sure. MR. LOMAGA: And then can you give us the response when it comes in? April 9, 2013 26 Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: If we get one. MR. LOMAGA: I would appreciate it. TOWN ATTORNEY FINNEGAN: We will certainly let you know. We would like a response as much as you would. MR. LOMAGA: I am not trying to be a pain in the butt, guys, all I am saying is that there should be free access along that waterway. And we don't know where that weed line is, it keeps moving. It would be happiness if we can get some spray paint and put a line along the beach, right? But we can't. We can't. And I think that sometimes what happens is, like I said, the fence went up two days earlier than it was supposed to and sometimes, as Dan was mentioning, sometimes it is in your face kind of thing and that sort of irks I think, people and (inaudible) should be upset about it as well. That's all. SUPERVISOR RUSSELL: The fence gets erected each year on an annual renewable permit by the Trustees, so the concerns with regards to whether the fence is appropriately located should all be brought immediately to the Town Trustees. MR. LOMAGA: Okay. Fine. That would be great. COUNCILWOMAN DOHERTY: And I believe the, if I recall correctly, it was written that it would be based on the spring high tide. So it would be once annually determined, the spring high tide. MR. LOMAGA: Okay. COUNCILWOMAN DOHERTY: So you should go to them as soon as possible so they can take a look. MR. LOMAGA: Thank you very much. I have one more thing to bring up, I would like to thank the town, especially Mr. Ruland after I mentioned to him, we had trailers that were piled up here for almost a year where a house was delivered. They were piled up along the roadside, I contacted the police for our association, not really successful with that but I guess all of sudden they did move because of good reason. So I would like to thank you for our association. And Bill, thanks. Okay, thank you. I don't know if anybody else from my group.... John Cleary, Mattituck JOHN CLEARY: I am a dog lover and I can sympathize, all the dogs that I have had, they were labs, they were wonderful dogs. I trust them with anybody and I didn't trust them with anybody. I personally don't think I can trust my dog, I don't have one. That is one issue. I think a dog should always be under control somewhat. Now as far as the beach access goes, I have spoken to you in the past about it, the surveyor himself of the court decision document Nathan Kerwin, I am going to request that everyone from the Board all the elected officials on the Board here, contact Nathan Kerwin and ask him what data he has to support the document that he has on the court record. I think that is fair enough. Now, Mr. Russell, I think you had an issue with the eastern boundary of the Rivera property and whose property borders the Rivera's? April 9, 2013 27 Southold Town Board Meeting SUPERVISOR RUSSELL: The property located right to the east of the Rivera property, along there would be town property. MR. CLEARY: Okay. SUPERVISOR RUSSELL: A town road taken through a road dedication. MR. CLEARY: Now the court decision according to Mr. Finnegan was against New York State, so all that property is not subject to the New York State action, it had to be a special town action to take that property, is that correct? SUPERVISOR RUSSELL: To take the property, the accreted property that is to the north? The court action spoke to the accreted sand. MR. CLEARY: Let me try to explain. In a newspaper article, Christine Rivera claimed over the years, her property accreted 17 feet to the east. Now the property to the east of the Rivera property is fixed by the Mattituck jetty. There hasn't been any accretion there in over 100 years. So I would like to understand how a New York State, decision against New York State allowed the Rivera's to accrete 17 feet of beach front when there is no accretion. Can't do it. Not even in their jurisdiction, it's town jurisdiction. The town should have been sued. Now I happened to go by that beach last summer, I like to walk the beach, I couldn't walk to the beach because all the people from Mattituck, our community, were crowded in there. Fifteen, twenty people deep. From the bird sanctuary to the Rivera fence. I don't think that is right. I think that area is protected by the coastal zone management act, it is part of the estuary for the Peconic bay. There is precedence that we have a right to that, you can't narrow it, you can't restrict it. And that court decision increasing the frontage to the east is not proper. Now as far as you're issue goes, who do you contact in the federal government regard to this? Now with United States law under the trust documents, the people have a right to walk and free access to the wet sand beach. That means all the beach designated below the mean high tide mark. There has never been a designation to a mean high tide mark by anybody at any time. They did have a property line that was a 1947 survey which was part of their deed. Mr. Kerwin said he never did any survey, in fact the mean high tide mark, in a personal one to one interview with Mr. Kerwin, he said that survey has absolutely nothing to do with the mean high tide mark. It is a one day evaluation for one tide, that is a weed line. Now it must be noted in fact, when we went to the Trustees meeting when Ms. Doherty was president, Mr. King said that he knows Eldridge. Now Eldridge is a book on tides. The book on tides Eldridge says, if you look it up today, you can look it up any time, the tide on Mattituck beach goes from 4.3 feet to 6.7 feet, that is almost 2 '/2 feet on a normal swing of tide in a month, so you can't take a one day weed line and call it a mean high tide line. Now as far as the people's right to walk on the beach, it is a constitutional right. It is covered under the 16'" amendment of the United States, we can freely walk on public land. All the public land we can walk on is below the designated mean high tide mark by someone that is familiar with the coastal processes. With that has been accumulated over a period of time. All the data for accretion has to exclude avulsive events on the beach. That means any time the sand is lost and it comes back in a couple of days, it doesn't count. That is the law. Now, go to the April 9, 2013 28 Southold Town Board Meeting United States Department of Justice and say the people have been excluded by this court decision from walking on the wet sand beach, it is a constitutional right to walk on public land, that's who you go to. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board at this time? Paul Calabro? Paul Calabro, Mattituck PAUL CALABRO: I walk the beach and I walk the road every morning, start on the road and I go up on the beach. Now if this neighbor of mine has his dog there, it must be a mean, mean dog. I never see him on a leash, he says, Paul, stop right there. I got the dog out. And me and my son freeze on the road until he is secured and he calls him, till he secures the dog. Is that the way it should be? I mean, there is nothing wrong by enforcing the law to say put the dog on the leash. This happens over and over again. If that dog is there during the summer, during the winter they are not there, and we are walking, I walk in that section but I look, see if I see any of the people there. Don't know their name or not but they see me, stop, Paul. Because he has got his dog out. He doesn't trust his dog. A lot of people that don't have a leash and they come, the dog runs to me, oh, don't worry about it. They always say don't worry about it, he is a good dog. How do I know he is a good dog? In the meantime, he scares the hell out of me. I mean, this is, you know, this is so clear cut things that you people should take care of it, the sooner the better. Thank you. SUPERVISOR RUSSELL: Let me just speak to some of the issues. First of all, the meeting we are having was the community meeting we probably should have had several months ago. I will discuss with the Department of Public Works tomorrow your proposal with regards to signage, that would be for the easterly boundary at Bailie Beach, regarding the issue you raised regarding maps, the young lady raised that night. That was a very good point, it was a point this Town Board heard. Jill Doherty has already taken it upon herself to create maps so there will be a GIS component to the meeting, so people understand where we are talking about. I think there is this misconception about what beaches are being regulated by this law and what are not being regulated by this law. But I am going to ask everybody, you and everybody in attendance that everybody is going to need to understand that if we are going to get anywhere we need to draw some reasonable compromises. It is not maybe necessarily a leash at all times or no leash at any time, there needs to be some reasonable understanding of where leashes are appropriate, where they are not appropriate. When and you know, what location at what times. Those are the issues we are going to work out in this formal community meeting. Dan Catullo MR. CATULLO: The fact of Bailie's and going back there, I know you say that Peconic or New Suffolk are greater concerns but if you outline that area, even if that can be made in to and I am willing, I am just 500 feet from that area but I am certainly happy with the idea, if people are really compelled to the idea of getting that dog in the water and giving a swim, there are several, Carpenter was one, and they need to swim this sort of thing. But if you can do that on a time basis, I am willing to go along with that. I am just down the block but that sign is important because then that negates that whole idea. They will be across and down and we are back to.... April 9, 2013 29 Southold Town Board Meeting SUPERVISOR RUSSELL: I agree. We discussed as a Board that if we moved the line to allow for dogs in certain instances under certain circumstances on town beaches, what are our responsibilities to make that happen? Signage, things like that. We understand all that. That is part of that meeting. If we are going to move the line at all, then we are assuming some responsibilities here to mitigate any of those impacts. We understand all that. The community meeting is to get everybody to understand that maybe an all or nothing approach isn't the best way to go about this legislation. Thank you, Dan. George Lamoga MR. LOMAGA: Inaudible. If you look at the pictures, you will see there is piles of reed there, the weed line. And what happened, they cleaned up the beach and they start burning it on the beach. I don't know who it was, it was just the fire department came down. People up on top of the hill called the fire department because the smoke was coming. So someone cleaned the beach and there is a pile there, that was today. I think that today and I asked the (inaudible) that was there, is that pile there purposely just to be washed back into the sound, is it going to be burnt on the 4`h of July? What was the reason to clean up all that and just to leave it there? And that is the property owner that doesn't want people coming across in the front there. So I leave that with you just so you can see that, I think part of that is also to avoid piping plover from being, the markers to be put up around the area because the piping plover prefer, right Jill, to have some debris. So that was all gone, it is all completely cleaned. And that is part of the in your face kind of thing that sometimes just perturbs people. COUNCILWOMAN DOHERTY: That is a recurring problem with that particular house, in that area. MR. LOMAGA: And that was done with (inaudible) COUNCILWOMAN DOHERTY: (Inaudible) in that area as well and unfortunately as many times as you might call the police station, it is hard unless the police actually see it themselves. By the time they got down there, it is all gone. MR. LOMAGA: I found that out a couple of times, since I have called on the quads and motorcycles that were down there. COUNCILWOMAN DOHERTY: I have even called,I have been on the beach at the end and called the police on the quads because they almost ran over my son when he was little one time. It has been going on for many years. MR. LOMAGA: And some of them, they are actually are taking the beach grass so they can play volleyball down there, so they clean the area. I have one last thing about dogs. I am on the opposite camp. I have two border collies and I love them. They are part of the family, I just lost one a year ago. So I am a guilty person. I take my dogs down to the beach and they love to go in the water, they love to pick up the floats. They love to go in there and I grew up in Mattituck, I have had dogs all my life. The bottom line, the bottom line is you know when your dog is bad. I mean, how many of us had dogs we know we are not going to let loose unless they have a leash. I know my dogs, they are in my yard, people walk down my yard, they walk down the April 9, 2013 30 Southold Town Board Meeting road to the beach, they go out there and their tails are doing what? Waving back and forth. Everybody wants to pet them and say hello to them when they come by. They are friendly. You know when a dog is bad. Don't tell me you don't. So when Dan had the trouble with a dog, somebody knows that dog is bad. There was a black lab down at the end of a beach, he was fenced in because he was bad. So, you know, we have all got to do it for everybody. You have got to have some areas where I think we can take our dogs and we should know our dogs. We are responsible, we should be responsible for our dogs. I certainly know if I have a bad dog, I wouldn't let her loose. But I certainly know I have loveable dogs and they should have the freedom to go in that water. I am going to get two more. They are 14 years ago, I am losing Clyde. Bonnie passed away already. But I want two more, on that beach. Thank you. SUPERVISOR RUSSELL: Who hasn't spoken yet that would like to speak? Shirley Catullo, Mattituck C14ARLENE CATULLO: Charlene Catullo, Mattituck. I will try and keep it brief. Depending on the time on April 25 h, I don't know if I will be there so I just wanted to say something. As far as my experience and dog walkers on the beach. Many a time where people talking about different time frames. I used to walk the dog, we would go for a walk early in the morning with my girlfriend and sometimes later in the day. I have had skin cancer so I can't be there during the bright hours of the day or when people say, you know, let people go there dogs there early in the morning, early in the evening. That is when I walk the beach. And I used to do it more frequently until the number of dogs you encounter, you stop, there is no longer an enjoyment. I understand the dog owners and they want to walk their dogs. No one is saying no dogs ever but the thing is, they are not proving themselves responsible even though they say they are because the fact of the matter is, they are breaking the law currently and they have a disregard for certain people. Living on Bailie beach, I like to technically utilize my front lawn. Thank god we have an upper deck that I can at least sit there in the evening when Dan and I did the other day when it started getting wanner. But you know, sometimes you just want to walk the beach and you don't want to encounter dogs that you don't know whether they are friendly or not and I think that people, the responsible dog owners as they say, should have a regard for the people walking the beach. If I am walking the beach without a dog, the chances are that maybe you should leash your dog. Because if I wanted my, if I wanted a dog roaming free, I might be there along with you letting my dog run free. But I happen to enjoy the beach for myself or for other people I may be with and not necessarily walking the dog. In all the years I have walked the beach, I think on two occasions, I did see someone leash their dog. I think his name was Keller, it could have been him, I don't know. But I do recall that it left the impression, okay, they leashed their dog, that is a nice thing. And it would be nice if all the people that claim to be responsible dog owners, leash their dog when they see someone without a dog walking the beach. That is just for starters. So when you are drawing up your rules and regulations, I think that the people that are on the other end, that are currently walking the dog without regard to the law, should realize that they need to make a compromise. For people that want to utilize the beach without a dog. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board at this time? April 9, 2013 31 Southold Town Board Meeting John Cleary MR. CLEARY: Just regarding a dog's leash. Now it has a physical leash, they also have the electronic leashes, so you don't have to chase the dog to put the leash on, you can just push a button and I used that for my lab. It was a field dog, it just made a little sound in his collar of course, you can give him a little bit more than the sound but it just made a buzz to come on back. Usually they listen to that. So I just wanted to say, my dog was in the water and at the beach, I trusted her with everybody, wouldn't hurt anybody. But did I trust her completely? No. But I knew I had that dog under control and that is the whole issue. Control the dog. SUPERVISOR RUSSELL: Okay. Robert Dunn, Peeonic ROBERT DUNN: Robert Dunn, Peconic. I actually can, you know, and I can sympathize, I have no dogs, I will never have dogs again. I will just make a comment because you just can't come to these meetings any more without talking about dogs. I looked out my window all winter and there is nobody on the beach except somebody walking or running their dog. And it's nice. It is part of the character, I think, that's out here. And at the same time, last summer there was some clown brought his dog to the beach on the leash, tied him to his car in the parking lot and let him bark for 8 hours. So I mean, if you have, you can have either side of that. What you and Ms. Doherty have pointed out is compromises need to be made. SUPERVISOR RUSSELL: Yes. MR. DUNN: And a lot of people said it, respect needs to be (inaudible) for everybody. But that is not what I came to talk about anyway. The armament, it's done. For myself and some other people in the community (inaudible), thank you. I would like to make a few points on it. After the, as you know there was some work done for about a week and they needed to get some more materials and you guys needed to say okay and thank you, you did. In that interim there, there was a story in the Suffolk Times about it and whether there was a misunderstanding or a mis, someone was misled or misquoted or whatever, they interviewed Jamie and then a story went out and it said that the budget had been $80,000 and you guys cut it, which I don't think was fair to you guys. Specifically yourself, Supervisor Russell. Jim McMahon and Jamie, with the help of Mr. Harris, found a way to make that $80,000 budget become less. So just (inaudible) saying we are going to buy a new dump truck and not get a motor and tires because we are going to cut it and make it cheaper. (inaudible). So to try to do this job just willy nilly for less money would have been foolish, wouldn't have gotten done. But everybody put their heads together and found a way with some previous unused material and Mr. Harris saying yes, he could use some of his men and his trucks and payloader to do the work and therefore it was brought in cheaper. So it wasn't just like you guys went cheaper, it was you guys being wise. I want to clear that up for anybody that might be listening here or there. The other thing I wanted to say about the people who did work there from the town. They worked hard and it was cold. The first, when they first, part of the job was very cold. There were rainy days, I saw guys just standing in cold water, I saw our town engineer Jamie working like a laborer. He is to be commended. He went way beyond what would be expected from an engineer. I come from a civil service background, so, engineers carry pencils. He was not your typical engineer, he was there every day, worked his April 9, 2013 32 Southold Town Board Meeting tail off. And then the last thing, well, I had two things. We had spoke about replanting, is there any thoughts on that? SUPERVISOR RUSSELL: I believe there is a planting plan in place. I would have to consult with Jamie tomorrow but my understanding was that that was part of the Army Corps permit, that there was going to be a native beach planting along there to help stabilize that area. MR. DUNN: Because, you actually did more work than I really thought from the plans that I had seen was going to be done. There is a lot of sand. I actually can't see the water now which is good, I see a lot more of the beach than I used to but the sand is probably as high as..... SUPERVISOR RUSSELL: See, those are DEC and Army Corps permits, we are not supposed to mention anything if we go outside the scale and scope of what we got a permit for. MR. DUNN: No, no. the job finished up very nicely. SUPERVISOR RUSSELL: I know. I am just joking. MR. DUNN: But the thing is, if it is not replanted soon, it will be in vain. SUPERVISOR RUSSELL: You know, to be perfectly candid, I think the town has a pretty good track record on replanting. It should coordinate very well with the local Scout troops and the local NJROTC program and others, to help us in the plantings, Eagle scout candidates have come in. my understanding was there was a funding process in place, I don't know when beach grass becomes available but I will check with Jamie tomorrow and we can get some clarification as to when this will take place. COUNCILWOMAN DOHERTY: We should clarify with him because right now, the materials have gone way up in price. And there is a shortage..... MR. DUNN: You can't find it. COUNCILWOMAN DOHERTY: And the later the season goes, the higher the price goes every year. So it might end up waiting till fall so we can get within the budget. Or if we get creative. MR. DUNN: Well, where I am going, I spoke to two people in the community and there are some people who think there might some interest very soon, volunteer (inaudible) there. SUPERVISOR RUSSELL: That is an area where we have always been very efficient at getting volunteers to step in and help with anything regarding Goldsmiths Inlet. That has always been, that community has been very, very good to work with along those issues. So we will look into that and I will get some clarification on the issue from Jamie tomorrow. MR. DUNN: Okay and the last thing is, there were some no parking signs that disappeared after Sandy. April 9, 2013 33 Southold Town Board Meeting SUPERVISOR RUSSELL: Okay, they will probably be up again very soon. I will look into that. I will make sure that that takes place. MR. DUNN: Alright, because people are going to drive up on it. SUPERVISOR RUSSELL: Yes, I understand. MR. DUNN: Okay, thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Robert. Who else would like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:34P.M. * * s ~ ~ E~ Eli eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell