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HomeMy WebLinkAboutTB-10/08/2013 ELIZABETH A. NEVILLE OgUFFO(f Town Hall, 53095 Main Road TOWN CLERK ~oo~ rod PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS y Fax (631) 765-6145 MARRIAGE OFFICER o'IOl yad Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER # southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING October 8, 2013 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 8, 2013 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on October 8, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. 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 A. 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. Recreation Department 2. Building Department Monthly Report 3. FISD Quarterly Report 4. Special Projects Coordinator 5. Town Clerk Reports II. Public Notices 1. NYSDEC Notice of Complete Application October 8, 2013 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am - John Cushman 2. 9:30 Am - Melissa Spiro, Alyxander Sabatino and Jamie Richter 3. 9:45 Am - Jeff Standish 4. 10:00 Am - Chief Martin Flatley 5. 10:15 Am - Michael Collins and John Sepenoski 6. 10:30 Am - Elizabeth Neville, Michael Collins, Jamie Richter, John Sepenoski 7. 10:45 Am - Elizabeth Neville, John Sepenoski 8. 11:00 Am - Phillip Beltz 9. 11:15 Am - Phillip Beltz 10. 11:30 Am - Phillip Beltz and Heather Lanza 11. LL/Second Street, New Suffolk Parking 12. EXECUTIVE SESSION - Labor 13. EXECUTIVE SESSION - Litigation 14. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:11 PM for the purpose of discussing the following matters: Matters involving employment of Particular Person/s Update on CSEA Negotiations John Abbott - ZBA RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 15. Motion To: Motion to Exit Executive October 8, 2013 Page 3 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:08PM. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Roland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 16. 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 at 1:08PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 17. Interviews for Housing Advisory Applicants Pledge to the Flag Opening Comments Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. If anyone would like to comment on any of the items on the agenda, please feel free to come up at this time. I know there is a group here who wants to discuss the public hearing that we are having, we will have the public hearing in a few minutes to take specific comments on that. This is the time for discussion on the general agenda items. Anybody? Unidentified Man in Audience UNIDENTIFIED: Inaudible comment from the audience. October 8, 2013 Page 4 Southold Town Board Meeting SUPERVISOR RUSSELL: If it is not on the agenda, what we can do is at the end we basically invite people to speak about any issue. Yes. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, Jul 30, 2013 Vote Record - Motion Yes/Aye No/Nay Abstain Absent James Dimzio Jr Voter 0 ? ? ? 0 Accepted William P. Roland Voter 0 ? ? ? ? Accepted as Amended Jill Doherty Voter 0 ? ? ? ? Tabled Christopher Talbot Seconder 0 ? ? ? Louisa P. Evans Mover El ? ? ? Scott A. Russell Voter 0 ? ? ? V. Resolutions 2013-717 CATEGORY. Audit DEPARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 8 2013. ? Vote Record - Resolution RES-2013-717 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter ? ? 0 ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-718 CATEGORY. Set Meeting DEPARTMENT.• Town Clerk Set Next Regular Meeting October 8, 2013 Page 5 Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 22, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ? Vote Record - Resolution RES-2013-718 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? Jill Doherty Voter 0 ? ? ? 's Appt ? Tax Receiver ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Sept Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-719 CATEGORY.- Sanitary Flow Credits DEPARTMENT. Supervisor Set Sanitary Flow Credit Prices 2013 RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank for the year 2013 to an applicant pursuant to the procedures set forth in Chapter 117 of the Town Code: $10,000 per credit to be used to create an accessory apartment $12,500 per credit to be used to create a single family home Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to an applicant in fractional amounts no smaller than a tenth of a credit. ? Vote Record - Resolution RES-2013-719 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's Appt William P. Roland Voter Rl ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appi Louisa P. Evans Seconder 0 0 ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost October 8, 2013 Page 6 Southold Town Board Meeting 2013-720 CATEGORY: Surplus Equip - Non Usable DEPARTMENT.• Police Dept Police Department-Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: 1988 20' Fiberglass Chincoteague Boat with a 140hp Johnson Outboard Motor (Minimum Bid of $100) Property is in `as is' condition and can be viewed at the Southold Town Police Headquarters in Peconic, NY. Contact person is Sergeant Henry Santacroce at 631-765-2708 Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2013-720 m Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled [I Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Seconder El ? ? ? ? Tax Receiver's Appt Jill Doherty Mover o ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 8 ? ? ? ? No Action ? Lost 2013-721 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Lions Club to Hold Its Annual Halloween Parade in Mattituck, on Thursday, October 31, 2013 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following roads for its Annual Halloween Parade in October 8, 2013 Page 7 Southold Town Board Meeting Mattituck, on Thursday, October 31, 2013 beginning at 6:00 PM: beginning at the Firehouse, west on Pike Street, South on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School, provided they closely adhere to the following five (5) conditions: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any temporary non-permanent road markings or signs for the event must be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees for this event shall be waived. -1 Vote Record - Resolution RES-2013-721 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Mover 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter Rl ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost Comment regarding resolution 721 COUNCILMAN RULAND: I would draw special attention to condition number 3 which continues to be a problem with many events that we have in that no objects of any kind be thrown to event spectators. 2013-722 CATEGORY: Committee Resignation DF.PARTMENT.• Town Clerk CAC Resignations and Advertise RESOLVED the Town Board of the Town of Southold hereby accepts, with regret, the resignations of Audrey Horton and Derek Bossen, from the Southold Town Conservation October 8, 2013 Page 8 Southold Town Board Meeting Advisory Council, effective immediately, and be it FURTHER RESOLVED the Town Board of the Town of Southold directs the Town Clerk to advertise for resumes to fill the vacancies created by the two resignations from the Conservation Advisory Council. ? Vote Record - Resolution RES-2013-722 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-723 CATEGORY.• Surplus Equipment DEPARTMENT.• Police Dept Asset 93668-Unusable Equipment WHEREAS the Town Board of the Town of Southold declared the following vehicle as surplus, 2008 Ford Crown VictoriaVIN # 2FAFP71V58X118783 Asset #3668 and WHEREAS the Town Clerk advertised for bids for said surplus and received none, now therefore be it RESOLVED that Asset #3668 is to be declared as unusable surplus equipment and disposed of for 'unk. ? Vote Record - Resolution RES-2013-723 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William P. Roland Voter 0 ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appi Christopher Talbot Mover 0 ? ? ? ? Tax Receivers Appt Louisa P. Evans Seconder 0 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt IJgwys App, October 8, 2013 Page 9 Southold Town Board Meeting ? No Action ? Lost Comment regarding resolution 723 COUNCILMAN RULAND: Discussion? SUPERVISOR RUSSELL: Yes. COUNCILMAN RULAND: Do we have the ability then to sell it for scrap? SUPERVISOR RUSSELL: Yes, we will transfer it to the transfer station and sell it as part of our, I think (inaudible) COUNCILMAN RULAND: So should we stipulate that? Disposed of is kind of fuzzy. COUNCILMAN TALBOT: Right. I would agree. 2013-724 CATEGORY.' Bid Acceptance DEPARTMENT.• Police Dept Accept Bid for PD Vehicle RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Chicago Motors for the surplus Police Department vehicle listed below in the amount of $2,207.00 ASSET # DESCRIPTION VIN# BID 3833 2009 Ford Crown Victoria 2FAHP71 V59X100214 $2,207.00 ? Vote Record - Resolution RES-2013-724 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's Appi William P. Roland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's App[ Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost October 8, 2013 Page 10 Southold Town Board Meeting 2013-725 CATEGORY. Surplus Equipment DEPARTMENT. Solid Waste Management District Solid Waste Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment from the Solid Waste Management District to be surplus equipment. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same at the minimum prices set forth below for three (3) weeks: ITEM ASSET # MINIMUM BID ACCEPTED 0 1979 Mack R600 Tractor 1615 $ 3,500 • 1984 STECO Push-Out steel trailer 79 $ 5,000 • 2005 Kenworth T800B Tractor; 237,285 miles; 3299 $40,000 10,841 Ins • 2004 STECO ST-AW04500 Walking Floor Trailer 3201 $30,000 • 1000 gallon above ground diesel fuel tank and 2624 $ 100 Containment, approx. 13 yrs old. • 1998 oil filter crusher, non-functioning 2397 $ 50 • 1987 Caterpillar 816-B landfill compactor 133 $25,000 • 1985 Caterpillar IT-12B Tool Carrier; needs torque 2181 $ 5,000 converter • 1987 40-cubic yard steel roll-off container 303 $ 250 2005 Meyer portable salt spreader for class 3 hitch 3431 $ 150 • 5HP Hi-Wheel lawnmower (6 yrs old); runs 1355 $ 25 2003 Diesel motor from 6500 watt Northstar 2396 $ 50 Generator (motor only) • 1994 (approx.) 9 hp Mi-Tim pressure washer $ 50 Working engine, needs pump • Goodyear Tire G-182, 1100-24.5 on rim (flat) $ 100 • Goodyear Tire G-244, 1100-24.5 on rim (bald) $ 100 • 2 Goodyear Tires G-159, 1100-22.5, Brand New, no rims $ 250 each • 1 Goodyear Tires G-661, 1100-22.5, Brand New, ON rims $ 350 each ? Vote Record - Resolution RES-2013-725 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William P. Roland Seconder 0 ? ? ? ? Tabled Jill Doherty Mover 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Voter 2 ? ? ? October 8, 2013 Page 11 Southold Town Board Meeting ? Tax Receiver's Appt Scott A. Russell Voter a ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2013-726 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Independent Auditing Financial Impact: Additional appropriation for additional auditing associated with the 2012 audit and Hurricane Sandy related Federal aid RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A.1310.4.400.600 Accounting, Equip. Maintenance & Repairs $ 3,000 A.1310.4.500.100 Accounting, Bond Counsel/Bond Fees 1,250 Totals $ 4,250 To: A.1320.4.500.300 Independent Auditing & Accounting $ 4,250 Totals $ 4,250 Vote Record - Resolution RES-2013-726 * Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter D ? ? ? ? Supervisor's Appt William P. Roland Mover D ? ? ? ? Tax Receiver's Appt Jill Doherty Seconder El ? ? ? ? Rescinded Christopher Talbot Voter D ? ? ? ? Town Clerk's Appi Louisa P. Evans Voter El ? ? ? ? Supt Hgwys Appi Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-727 October 8, 2013 Page 12 Southold Town Board Meeting CATEGORY: Refund DEPARTMENT: Town Clerk Authorize a Partial Refund in the Amount of $500 for Donadic Application to ZBA RESOLVED the Town Board of the Town of Southold hereby authorizes a partial refund in the amount of $500 for the Johnny Donadic Zoning Board of Appeals application for variance that was not required. Refund should be sent to applicant's agent: Suffolk Environmental Consulting, Inc., P O Box 2003, Brid eham ton NY 11932. I Vote Record - Resolution RES-2013-727 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appi Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-728 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Highway Fund Financial Impact: To appropriate federal funds for Soundview Road guardrail and provide appropriation for payment of accumulated leave accruals to two employees who retired in September RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Highway Fund Part Town budget as follows: Increase Revenues: DB.4960.50 Federal Aide, Transportation $ 7,472 Decrease Appropriations: DB.5110.1.100.100 General Repairs, FT Regular Earnings 48,021 Totals $55,493 Increase Appropriations: DB.5110.1.100.200 General Repairs, FT Overtime Earnings $ 250 DB.5110.1.100.300 General Repairs, FT Vacation Earnings 15,675 October 8, 2013 Page 13 Southold Town Board Meeting DB.5110.1.100.400 General Repairs, FT Sick Earnings 29,605 DB.5110.4.400.250 General Repairs, Storm Damage/Road Stab 9,963 Totals $55,493 Vote Record - Resolution RES-2013-728 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-729 CATEGORY. Surplus Equip - Non Usable DEPARTMENT. Information Technology Data Processing Surplus Equipment WHEREAS the Town Board of the Town of Southold hereby declared certain Used Computer Equipment to be surplus, and WHEREAS the Town Clerk received no bids for said equipment, now there for be it RESOLVED that the Data Processing Department be authorized to dispose of the computer equipment in the E-Waste located at the Southold Town Transfer Station. ? Vote Record - Resolution RES-2013-729 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisors Appt William P. Roland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appi Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost October 8, 2013 Page 14 Southold Town Board Meeting 2013-730 CATEGORY: Employment - Town DEPARTMENT: Accounting Create Position of Principal Clerk RESOLVED that the Town Board of the Town of Southold hereby creates the position of Principal Clerk for the Recreation Department and establishes a part-time pay rate of $16.56 per hour, said rate subject to change b a successor collective bargaining agreement with CSEA. ? Vote Record - Resolution RES-2013-730 2 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter D ? ? ? ? Supervisors Appt William P. Roland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover M ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter [ ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter D ? ? ? ? No Action ? Lost Comment regarding resolution 730 COUNCILWOMAN DOHERTY: This is a position for an existing employee, it is not for a new employee. It is to match what she is actually doing. 2013-731 CATEGORY.• Attend Seminar DEPARTMENT.• Human Resource Center Permission for HRC Staff to Attend Regional Training on Health Insurance for Seniors Financial Impact: This regional training hosted by the Suffolk County Office for the Aging provides comprehensive information on health insurance programs for seniors. HRC program staffprovide counseling to seniors on health insurance and related matters and therefore participation in the training is important for staff to remain properly informed. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Karen McLaughlin, Director of Human Services; Auristhela Reinert, Senior Citizen Aide II; and Phyllis Markopoulos, Caseworker, to attend the 2013 Health Insurance Counseling Assistance Program October 8, 2013 Page 15 Southold Town Board Meeting Regional Training for Suffolk County at the H. Lee Dennison Building in Hauppauge on Wednesday, October 9th, 2013 from 9am- lpm. Travel to and from seminar in a HRC vehicle will also be permitted. I Vote Record - Resolution RES-2013-731 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisors Appt William P. Roland Mover 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-732 CATEGORY.• Attend Seminar DEPARTMENT.• Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer William Brewer to attend a seminar on School Resource Officer Certification in East Hampton, NY, from Monday November 11 through Thursday November 14, 2013. All expenses for meals and travel to be a legal charge to the 2013 Juvenile Aid budget line A.3157.4.600.200. ? Vote Record - Resolution RES-2013-732 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? Supt Hgwys App( Scott A. Russell Voter 0 ? ? ? No Action ? Los( October 8, 2013 Page 16 Southold Town Board Meeting 2013-733 CATEGORY: Misc. Public Hearing DEPARTMENT.• Town Clerk Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESOLVED that the Town Board of the Town of Southold hereby sets 4:35 PM, Tuesday, November 19, 2013, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $98,385.00 in Community Development Block Grant funds the Town of Southold expects to receive in April 2014 and authorizes the Town Clerk to publish an "Announcement of Public Hearing Notice". ? Vote Record - Resolution RES-2013-733 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Apia Louisa P. Evans Seconder RI ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-734 CATEGORY. Surplus Equipment DEPARTMENT.• Police Dept Police Department-Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: 2008 Ford Expedition (Asset #3769) VIN# IFMFUI6548LA71098 -198,000 miles Vehicle is in "as is" condition. Contact person is Lt. H. William Sawicki (631) 765-2600. Minimum bid to be set at $500. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. October 8, 2013 Page 17 Southold Town Board Meeting ? Vote Record - Resolution RES-2013-734 a Adopted ? Adopted as Amended ? Defeated 13 Tabled Yes/Aye No/Nay Abstain Absent ? Withdrawn James Dinizio Jr Mover El ? ? ? ? Supervisor's Appt William P. Roland Voter p ? ? ? ? Tax Receiver's Appt Jill Doherty Seconder [ ? ? ? ? Rescinded Christopher Talbot Voter [a ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter [a ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-735 CATEGORY.• Budget Modification DEPARTMENT.' Supervisor 2013 Budget Modification - Supervisor Financial Impact: To cover an overexpended budget line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Whole Town, General Fund budget as follows: FROM: A.1990.4.100.100 Unallocated Contingencies $53.00 TO: A.1010.4.600.790 Deer Management $53.00 ? Vote Record - Resolution RES-2013-735 El Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? p... ? Supervisor's Appt William P. Roland Seconder Rl ? ? ? ? Tax Receivers Appt Jill Doherty Mover p ? ? ? ? Rescinded Christopher Talbot Voter p ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter p 13 ? 13 ? Supt Hgwys App[ Scott A. Russell Voter p ? ? ? No Action ? Lost October 8, 2013 Page 18 Southold Town Board Meeting 2013-736 CATEGORY.' Budget Modification DEPARTMENT.• Human Resource Center GPS and Postage Shortfall Financial Impact: Budget modification to transfer funds from Equipment Maintenance and Repairs to Vehicle GPS and Postage lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town budget as follows: From: Appropriations: Programs for the Aging A.6772.4.400.600 Contracted Services Equipment Maintenance and Repairs $1,750.00 To: Appropriations: Programs for the Aging A.6772.4.400.900 Contracted Services Vehicle GPS $1,650.00 A.6772.4.600.400 Miscellaneous Postage 100.00 Total: $1,750.00 ? Vote Record - Resolution RES-2013-736 0 Adopted ? Adopted as Amended ?Defeated Yes/Aye No/Nay Abstain '.Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? supervisor's Appt William P. Roland Mover 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter Rl ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appi Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-737 CATEGORY: Attend Seminar DEPARTMENT: Special Projects Coordinator Attend Seminar October 8, 2013 Page 19 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Special Projects Coordinator Phillip Beltz to attend the East End Youth Leadership Summit in Riverhead, New York, on October 18, 2013. All expenses for registration, travel to be a legal charge to the 2013 budget (meetings and seminars). ? Vote Record - Resolution RES-2013-737 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 13 ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-738 CATEGORY' Refund DEPARTMENT.• Solid Waste Management District Tip Fee Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the refund of a scale tip fee in the amount of $7.20 to Michael Drobny as it was inadvertently charged to his account. ? Vote Record - Resolution RES-2013-738 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appi William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appi Jill Doherty Voter 0 ? ? ? O Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost October 8, 2013 Page 20 Southold Town Board Meeting 2013-739 CATEGORY: Budget Modification DEPARTMENT.• Solid Waste Management District SWMD Budget Modification Financial Impact: Sick time liquidation, RCA Blend needed for compost site maintenance. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Solid Waste Management District budget as follows: From: SR 8160.1.200.100 (Part-Time Emp. Regular Earnings) $13,980 SR 8160.2.500.600 (Misc. Sanitation Equipment) $ 1,125 $15,105 To: SR 1490.1.100.600 (Admin. Sick Earnings) $13,980 SR 8160.4.100.609 (RCA Blend) $ 1,125 $15,105 Vote Record - Resolution RES-2013-739 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover Rl ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-740 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Amend Execution of a Lease Agreement for Electric Car RESOVED that the Town Board of the Town of Southold hereby amends Resolution No, 2013-380 as follows: October 8, 2013 Page 21 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Motor Vehicle lease agreement with Nissan Motor Acceptance Corporation in connection with a three-year lease for one Nissan Leaf for the Human Resource Center in an amount not to exceed $11,000 $12,000, which shall be a legal charge to A.6772.4.400.800 over the lease term, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2013-740 El Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Noy Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Seconder l ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter El ? ? O ? Town Clerk's Appt Louisa P. Evans Voter El ? ? ? ? Supt Hgwys Appi Scott A. Russell Voter ® ? ? ? ? No Action ? Lost Comment regarding resolution 740 COUNCILMAN RULAND: Discussion? If you may recall, this came out previously and I would just like to say why there is an increase. The increase has to do with the charging system or I should actually say the recharging system which was initially comes with the vehicle overnight versus you can recharge in 6 hours and the option was chosen to go that you could recharge it in 6 hours in case you needed to use it prior to the end of the day. 2013-741 CATEGORY.- Local Law Public Hearing DEPARTMENT.- Town Attorney 1116113 PH@ 7:05 PMLLIAmendments to Chapter 245 WHEREAS, there has been P resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8' day of October, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of November, 2013 at 7:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption" reads as follows: LOCAL LAW NO. 2013 October 8, 2013 Page 22 Southold Town Board Meeting A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Enact the Business Investment Exemption". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. New York State Real Property Tax Law §485-b establishes a framework for counties to work with other local governments to encourage economic development that is consistent with the master plans of their communities and crafted in conformity with the needs of their residents, businesses and environment. Suffolk County has created the Industrial Commercial Incentive Board to work with the Towns within the County to create a Strategic Industries Property Tax Abatement Plan, which includes the Industrial/Commercial Incentive Plan, Town of Southold, to attract and encourage business growth, allowing the Town to target tax incentives to businesses that make improvements to real property in areas identified by the Town. In accordance with the Strategic Industries Property Tax Abatement Plan, the Town is enacting this exemption to encourage targeted economic development, and the value of the exemption is justified by the need to provide employment opportunities and broaden the tax base in designated areas within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: ARTICLE II Targeted Business Investment Exemption §245 7. Exemption repealed. PursuapA to the autherii), of Subdivision 7 of § 4 85 b of the Real Property Twi Law, the partial exemption ffam taxation, speeial ad Valerem levies and sen,iee eharges provided by sueh § 4 8-5-- h is hereby repealed insofaf eh «tie would 1.....'. been li bl to eligible real property assessed for Town pt"eses, 4245-7. Exemption granted. A. Real property constructed altered installed or improved subsequent to the effective date of this Article for the purpose of commercial, business or industrial activities that are set forth in the Industrial/Commercial Incentive Plan. Town of Southold permitted uses pursuant to Chapter 280, Zoning and which are identified parcels in the Industrial/Commercial Incentive Plan, Town of Southold shall be eligible for an exemption from taxation and special ad valorem levies from each school district located within the area within which said exemption shall apply unless such school district by resolution shall determine that such exemptions shall not be applicable to its tax and ad valorem levies. For the purposes of this section, the terms "construction," "alteration,' "installation" and "improvement" shall not include ordinary maintenance and repair. B. This exemption shall only apply to those projects where the cost of such construction alteration, installation or improvements exceeds the sum of $50,000. The amount of the exemption shall be calculated by taking the increase in the assessed value of such real property attributable to such construction, alteration installation or improvement and reducing that increase in the assessed value of such real property, on a declining percentage basis, pursuant to the following accelerated strategic exemption schedule: Year of Exemption Percentage of Exemption 1 50% October 8, 2013 Page 23 Southold Town Board Meeting 2 50% 3 50% 4 40% 5 30% 6 20% 7 10% 8 10% 9 10% 10 5% C. No exemption shall be granted unless such construction alteration installation or improvement is completed as may be evidenced by a certificate of occupancy or other appropriate documentation as provided by the owner. D. Application: (1) Such exemption shall be granted only upon application by the owner of such real property on a form prescribed by the New York State Department of Taxation and Finance. Such application shall be filed with the Assessor of the Town having the power to assess property for taxation on or before the appropriate taxable status date of the Town or County and within one year from the date of completion of such construction, alteration installation or improvement (2) If the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this Article he or she shall approve the application and such real property shall thereafter be exempt from taxation and special ad valorem levies except for special ad valorem levies for school district purposes as herein provided commencing with the assessment roll prepared after the taxable status date of March 1 of each year. The assessed value of any exemption granted pursuant to this Article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column. E. In the event the real property granted an exemption pursuant to this Article ceases to be used primarily for eligible purposes as set forth in the Industrial/Commercial Incentive Plan, Town of Southold, the exemption granted shall cease 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. V Vote Record - Resolution RES-2013-741 El Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William P. Roland Mover a ? ? ? ? Withdrawn Jill Doherty Seconder o ? ? ? ? Supervisor's Appt Christopher Talbot Voter o ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter El ? ? ? ? Rescinded Scott A. Russell Voter o ? ? ? October 8, 2013 Page 24 Southold Town Board Meeting ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost Comment regarding resolution 741 COUNCILMAN RULAND: A question, the time. Is that the correct time? SUPERVISOR RUSSELL: Yes, it would be on 11/13. That is a 7:00 meeting. COUNCILMAN RULAND: That is a Wednesday. The day after Election Day. JUSTICE EVANS: That is when we have budget hearings. So that we have the meeting at 7:00 instead of 7:30. 2013-742 CATEGORY: Budget Modification DEPARTMENT.• Accounting Budget Modification for Highway Fund Financial Impact: Provide appropriation for Drainage replacement work completed on Stillwater Ave., Cutchogue, previously charged to the CHIPS appropriation; we have since determined that this drainage work is likely not appropriate for CHIPS reimbursement. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Highway Fund Part Town budget as follows: From: DB.5110.4.100.900 Resurfacing Projects $15,500 Total $15,500 To: DB.5110.4.400.300 Drainage Replacements $15,500 Total $15,500 V Vote Record - Resolution RES-2013-742 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William P. Ruland Voter 0 ? ? ? ? Tabled ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Seconder 0 ? ? Ell ? Tax Receiver's Appt Louisa P. Evans Mover 0 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? ? Town Clerk's Appt October 8, 2013 Page 25 Southold Town Board Meeting ? Supt Hgwys Appt ? No Action ? Lost 2013-743 CATEGORY: Contracts, Lease & Agreements DEPARTMENT. Town Attorney Amend Resolution 2013-604 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2013-604 dated August 13, 2013 to change the Contract Number to T1000259 in connection with the Town of Southold Watershed and Sewershed Mapping contract. ? Vote Record - Resolution RES-2013-743 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland ! Voter 0 ? - ? ? ? Tax Receiver's Appt Jill Doherty Voter 13 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-744 CATEGORY' Contracts, Lease & Agreements DEPARTMENT: Town Attorney MOU W/SC Office for the Aging - Computers for HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Memorandum of Understanding between the Suffolk County Office for the Aging and the Town of Southold for seventeen (17) personal computer tablets to be made available to Senior Citizens at the Human Resource Center, at no cost to the Town, subject to the approval of the Town Attorney. v' Vote Record -Resolution RES-2013-744 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Mover 9 ? ? ? October 8, 2013 Page 26 Southold Town Board Meeting ? Defeated William P. Roland Voter 0 ? ? ? ? Tabled Jill Doherty Voter 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder 0 ? ? ? ? Tax Receiver's Appt Scott A. Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2013-745 CATEGORY.• Local Law Public Hearing DEPARTMENT.• Town Clerk Enact LLISecond St. Parking/New Suffolk WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 101h day of September, 2013, a Local Law entitled "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Parking on Second Street in the hamlet of New Suffolk has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to prohibit parking in this area to protect the public and restrict the public's ability to block the ordinary flow of traffic. Accordingly, an Amendment to Chapter 260 is warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: $260-10. Parking prohibited during certain months. During Months of Name of Street Side (both inclusive) Location October 8, 2013 Page 27 Southold Town Board Meeting Second Street Both June to September At New Suffolk, from the southerly intersection of Main Street to the northerly Intersection of Jackson Street 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. V Vote Record - Resolution RES-2013-745 ? Adopted ? Adopted as Amended ? Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Seconder 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost Next: 10/22/13 7:30 PM VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:49PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 10/8/13 PH @ 4:32 PM LL/Second St. Parking/New Suffolk October 8, 2013 Page 28 Southold Town Board Meeting RESULT: CLOSED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Councilman Christopher M. 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 10th day of September, 2013, a Local Law entitled "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk" 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 8~h day of October, 2013, at 4:32 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 Parking on Second Street in the Hamlet of New Suffolk" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Parking on Second Street in the hamlet of New Suffolk has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to prohibit parking in this area to protect the public and restrict the public's ability to block the ordinary flow of traffic. Accordingly, an Amendment to Chapter 260 is warranted. 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 Second Street Both At all times At New Suffolk, from the southerly intersection of Main Street to the northerly intersection of Jackson Street. 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. October 8, 2013 Page 29 Southold Town Board Meeting I have a notice that it appeared in the Suffolk Times on September 26, 2013 and that it appeared on the Town Clerk's bulletin board on September 26, 2013. We have one correspondence from a resident in the area supporting the change. Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular local law to please come forward. Just remember to state your name and your hamlet for the record. Joe Polashock, New Suffolk JOE POLASHOCK: My name is Joe Polashock, I live in New Suffolk on Second Street. And we would like to, all the residents on that section of Second Street between Main and Jackson Street, we would like to thank you all for you quick and positive attention to this matter. In hindsight, we jumped kind of, I kind of jumped the gun on asking for no parking. No parking signs. We don't want to be that, you know, putting that much of a burden on the whole system, so as a whole, all the people involved would be very happy if we could end up having parking or no parking seasonally from June to September. As opposed to the full year if that would be alright with everyone. I have letters from all of the people not in attendance, from residents facing up on Second Street. Your attention in that matter would be greatly appreciated. We appreciate the fact that you did get on it as quickly as you did, it is a safety issue and a matter of inconvenience in that people park very tight along that street. They park out on the street. We could not possibly get a truck through there. Saturday morning between the ramp and the post office, impossible to move in there. and you know, people that do live there have a heck of a time backing out of your driveway. It's very, you know, a lot of inconsiderate people and a lot of congestion that we really don't need. So if you could do that seasonal no parking it would be a big help to all of us. SUPERVISOR RUSSELL: Just one question Joe, you say from June to September, it is October already and there is still a parking problem there. Are you sure that is going to.... MR. POLASHOCK: No, no. It basically seasonal. Basically from Memorial to Labor day but you know, June through September inclusive basically covers everything. I do have letter here if you want to.... SUPERVISOR RUSSELL: Sure. I will take them and give them to the Town Clerk as part of the record. Thank you. Who else would like to comment on this particular local law? Michael Simon, New Suffolk MICHAEL SIMON: Michael Simon, I also live on Second Street between Main and Jackson and we, there aren't very many residents (inaudible) but we have spoken and we have considered various alternatives and the proposal itself. And since we believe that in general for legislation, it is not a good idea to ask a town legislative board to legislate any more broadly than is necessary to achieve the purpose of the resolution. And this specifically concerns the seasonal, the summertime parking on that particular block because it actually goes directly into the town beach and so we also don't feel a need that it has to be 24 hours a day but that is a matter of October 8, 2013 Page 30 Southold Town Board Meeting enforcement perhaps not the matter of the writing of the law. So we have conversed among ourselves and reached a consensus which and I support what Joe Polashock says that this is what we all want and we think it is and it is no more than we can legitimately claim because of the specific purpose of the resolution. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Board? Margaret Brown, New Suffolk MARGARET BROWN: Margaret Brown. I am a resident of New Suffolk but I don't live on Second Street. However, when I saw the law proposed I realized it would be a handicap for me and probably anybody hoping to visit the Polashocks or the Simons or anybody else on Second Street if it was blanket no parking year round on both sides of the street because I need to park there sometimes and there are others, too. And so if you could amend the law to meet what Joe said, that seasonal no parking, it's probably the answer either Memorial Day to Labor Day or June to September or whatever works best for the way you like to word things. Would be a help to everybody. Thank you very much. SUPERVISOR RUSSELL: Thank you. Diane Harkoff, New Suffolk DIANE HARKOFF: Good evening. As a business owner in New Suffolk I am concerned about pushing more beach traffic up towards us and further restricting parking in New Suffolk. A few years ago the parking on the bottom of New Suffolk by the post office, on the bottom of First Street by the post office was restricted and then Jackson Street, then there was a limit on the number of cars and trailers allowed and I just feel like the walls are closing in and each time we are restricting more and more people and pushing more traffic up by us for the beach. And as a business owner, that concerns me. Shannon Simon, New Suffolk SHANNON SIMON: I am Shannon Simon and I live in New Suffolk on Second Street between Main and Jackson. I think our serious concern is not just the fact that it is convenient or inconvenient. This problem is safety. A number of times cars have difficulty maneuvering through the lane, the one lane that is left when cars are parked on both sides of the street. And they do park on both sides, they also have been interfering with people getting out of their driveways. One person actually said I didn't know this was a driveway and it's obviously a driveway that leads right to the persons house. It isjust not paved. That is their choice. But it is the safety concern. I don't think, we have all seen vehicles from emergency vehicles coming down the street starting to turn into Second Street and bypassing it to go around. If we need it, a vehicle of emergency style, we would be in really tough shape if they couldn't come down Second Street. So among other the mail truck uses Second Street and cannot in the summer because the road is too narrow. It just closes in. so it is a matter of safety. More than anything else. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to comment on this particular local law? October 8, 2013 Page 31 Southold Town Board Meeting COUNCILMAN TALBOT: Should we bring up the fact about that raised parking garage we were talking about? Over the community garden. We did talk about the need for parking down in New Suffolk though because half joking but it is serious because before you know it, there is going to be no parking because everybody is kind of isolating their areas and obviously we need for the beach down there, the boat ramp which is the only access to Peconic Bay west of Southold really. We are running out of room, we can't keep blocking everything off because you become an isolated community. I know some people may want that but.... SUPERVISOR RUSSELL: We were concerned that you were going to raise your own militia and secede from the town. Yes, Joe. COUNCILWOMAN DOHERTY: Would no parking on one side of the street work for you? And just have parking on one side and not on the other? Joe Polashock MR. POLASHOCK: No matter which way we do it, it's just (inaudible) COUNCILWOMAN DOHERTY: I am sorry, can you come up to the mic? Thank you. MR. POLASHOCK: You know, not to be elitist, snobby, all in our little private world but unfortunately most of the people you are dealing with are very inconsiderate. You know, we have numerous times where trailers park over there and you know, oh, no, there are no signs. There's signage all over. So we write that off and thankfully the police handle that right away. But if you made it one side, then they would be parking further out onto the street and the other issues that go along with this still exist. People, I mean, it's, I wouldn't want to mention some of the things we have had to pick up. From soiled diapers to beyond and we will leave it at that but you know, it's constant, all summer long. So if we could do it, just from end to end, both sides. You know, people are trying to plant further out to try and alleviate this and keep them out. I am not, I can't. And I don't want to. Like I say, I don't want to be like that but people push you into these situations and wants. If everybody was considerate about it, that's one thing. But they are not. SUPERVISOR RUSSELL: thanks, Joe. You know, you have one really huge problem in New Suffolk, you happen to have two of the town's nicest assets. The best ramp we have to offer, boat ramp and the best beach we have to offer and the demand on using them is tremendous. MR. POLASHOCK: You know, again, it's those demands. You go on the computer and it will steer you right to it. SUPERVISOR RUSSELL: And there is only so much capacity you can get from either of those assets. MR. POLASHOCK: Correct. Correct. But we don't have any enforcement as far as that ramp goes, as far as who is using it. people come down, nobody has stickers, they are in and out of there all the time and this is, you know, lost money. As far as that goes. October 8, 2013 Page 32 Southold Town Board Meeting SUPERVISOR RUSSELL: Okay. Thank you. Denis Harkoff, New Suffolk DENNIS HARKOFF: Hi, Dennis Harkof£ We have a business in New Suffolk, everybody knows. We also have a house on Second Street, on the other side. My concerns are, it is just going to move it down, it is going to go to Third Street, to Fourth Street everybody starts, like you said before. Now how many feet from the middle of the road to each side is the road. You know, is it 15 feet, 20 feet? SUPERVISOR RUSSELL: Under New York State law since 1906 whenever we take a road for public dedication, it need to be at least 50 feet or what the State law calls 3 rods. What gets paved is certainly far less than 50 feet. MR. HARKOFF: Right. SUPERVISOR RUSSELL: Presuming the road is in the middle of our 50 foot easement, then there would be a substantial amount on each side. However, the roads aren't likely to be located in the center of those easements. They could be heavy to the left, heavy to the right. It would take a survey to determine exactly where the public right of way ends and where private property starts. MR. HARKOFF: Because I know you have been down there, I think every road down there is pretty, every road in Southold Town is tight. You know when you get down into the back parts. And the other thing is the grass area down there that is never used, I never see anybody on it, why don't we in the two months in the summer put parking over there and you know, a little bit more parking for the beach. The beach is the problem. The beach is the whole problem but the beach isn't going anywhere. I mean, I just don't know what to do. You know, I don't know the answer but just making some suggestions. SUPERVISOR RUSSELL: Well, that is what we are here to listen to. MR. HARKOFF: Well.... COUNCILMAN TALBOT: The only big piece of property is obviously the garden area over there, there has been some parking picked up that is being used by, and also there is the school field which obviously you don't want to damage and there is some parking around the edges of the field, you know it is a tight area for parking. MR. HARKOFF: Well, I was talking about that field next to parking. COUNCILMAN TALBOT: Yeah, to the west side of the parking area down there. MR. HARKOFF: I am sure nobody is going to like that. COUNCILMAN TALBOT: I think the town owns that. Because there is I think only 7 slots for boat parking. October 8, 2013 Page 33 Southold Town Board Meeting MR. HARKOFF: I mean, that building that's there, what was that? Is that a ladies room? COUNCILWOMAN DOHERTY: Yes, it is a bathroom. That is the thing, we would have to see... MR. HARKOFF: Is it ever open? COUNCILWOMAN DOHERTY: Oh, yes. It is open when the lifeguards are on duty. They open it. MR. HARKOFF: Oh, alright. COUNCILWOMAN DOHERTY: And we would have to see where the septic is and the well and everything. MR. HARKOFF: Okay. COUNCILMAN TALBOT: You are right, if that is going to keep pushing up.... MR. HARKOFF: You know. We need a parking garage. COUNCILMAN TALBOT: A parking garage. MR. HARKOFF: Thank you. COUNCILMAN TALBOT: Graded, so the vegetables can still grow. SUPERVISOR RUSSELL: Would anybody else like to comment on this? Joe Polashock MR. POLASHOCK: I go along with what Dennis says and what you said numerous times about pushing on the balloon and all that. But a lot of this situation would go away real quick. People don't want to walk. If they have to walk further than that, they won't. You know, they will walk up First Street, they will walk up Second Street but if it is going to come to a three block, four block walk, a lot of them are going to lose interest real quick. COUNCILMAN TALBOT: You think back to when the IGA was still open down there and they had their parking lot open and you could have 25 cars in there. just south of the building, you pulled right in. MR. POLASHOCK: Inaudible comments from audience. COUNCILMAN TALBOT: It's all gone. SUPERVISOR RUSSELL: Margaret? October 8, 2013 Page 34 Southold Town Board Meeting Margaret Brown MS. BROWN: I was just thinking about the perspective. This is a little street, so in my mind I was trying to count up how many cars could actually park on it if it was completely parked on. Probably no more than 8? On both sides. Around between 8 and 10 cars, so to address the Harkoff s problem which I can certainly understand where they are coming from with the restaurant, if you were to grant this change to the proposed law, have it be no parking seasonal so it would only be those 3 months of the year or course, that is the busy time. We would be taking away 10 parking places. Maybe at the most from the available pool of parking and considering the safety factor of cramming that street full of cars so no, any vehicles can get through certainly not an emergency, it seems like a I don't know, it is not a good solution but at least it is, it is only a part time of the year solution. To make it be no parking and I think Joe is right, putting it only on one side of the street either is hard to enforce or maybe isn't even effective because some of the same problems will still be there. COUNCILMAN TALBOT: Margaret, you think being on the Transportation Commission that if we looked at it as maybe having Main Street where it heads down to the water, maybe making angled parking down there to pick up.... MS. BROWN: If it were wide enough. COUNCILMAN TALBOT: You know, because they are running east and west here.... MS. BROWN: It would be worth having a look at. Actually. COUNCILMAN TALBOT: Because the road.is pretty wide there as well and maybe if that foundation comes out of there that was there, you could pick up spaces. MS. BROWN: It would be interesting to see how many could fit in there. because they park parallel now and of course, you don't get as many. COUNCILMAN TALBOT: Yes. MS. BROWN: It's worth thinking about. Anyhow, thank you. COUNCILWOMAN DOHERTY: Can we have the town engineers look at maybe expanding the town parking lot there? SUPERVISOR RUSSELL: Sure, we can do that. Separate and distinct from this hearing. We can certainly do that. COUNCILMAN TALBOT: Do you want to do the potential for making it seasonal or table it for now? October 8, 2013 Page 35 Southold Town Board Meeting SUPERVISOR RUSSELL: Yes, I think we will table it for now. there are two issues that we would need to look at, first whether we even have the authority to establish seasonal no parking, the second issue would be to.... MR. POLASHOCK: Inaudible. SUPERVISOR RUSSELL: Okay. COUNCILWOMAN DOHERTY: It would be a different section of the code. Supervisor Russell SUPERVISOR RUSSELL: Then what we would need to do is probably re-notice the hearing. Yes, we will table it and see what we can do legally. Okay. We will take everything you had to say tonight and we will take it under advisement and we should hopefully have the decision within two weeks at the next Board meeting. Anybody else want to comment on this particular local law? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That is the local law that we had for tonight. At this time, I am going to ask anybody that would like to address the Town Board on any issue to please feel free? John Cleary, Mattituck JOHN CLEARY: My name is John Cleary, I live in Mattituck. I guess you know it might be about the beach here again. What was interesting to me the other day when I was looking at beach rights which had nothing to do with the town, just nationally, there is a site that came up and the Town Board minutes are on it. I will give it to you. Inaudible. I believe that was the April5th meeting at which time I asked the Town Board to call this Nathan Kerwin, the surveyor to ascertain what survey was used in the court document pertained to. Has anyone done that? SUPERVISOR RUSSELL: No. I think we directed you to the New York State Department of State on this issue. MR. CLEARY: I did, was in contact a while back. I didn't bring it with you but I would be glad to give it to your attorney's office. A statement from Mr. Fred Andrews from New York State Department of State that said New York State Department of State of New York State has absolutely nothing to do with these property line changes, it is all between the Town of Southold and the local judge. That is what Fred Andrews at the Department of State said. I have here a document that is a document from the Army Corps of Engineers that describes mean high tide mark. I would like to present that to you. Inaudible. One of the things about, I like it to be a team on it and provide the right to the people, one of the things that is unique about that beach is it is all part of the Mattituck Inlet estuary. It is all protected land. You are not allowed to ride motor vehicles on it, you are not allowed to disturb the ground like for the piping plover or the natural habitat, that means you can't rake the beach. You can't put fences up to block underwater lands in the State of New York, that is according to the court decision. so what I October 8, 2013 Page 36 Southold Town Board Meeting have h ere is a picture of the beach, they are all getting ready for a bonfire at night with a motor vehicle. I have another picture of the beach with the fence going across it, sitting abreast of two tidal berms, that means the fence was put up and the tidal berms came. That means all that beach that is affected in such a way is avulsive which is excluded from the accretion. Here is a big sign that says no property, private property no trespassing right on an end post of a fence that is right on top of a tidal berm. Here is a picture of a fence with the water circulating around it. When I took that picture I got wet feet because the water went all the way around me. Inaudible. Here is statement the United States law, it is section 329-13 geographic limits of shifting boundaries. It says any area will remain navigable by law when though no longer covered with water whenever the change has occurred suddenly or was caused by an artificial force intended to produce that change. For example, shifting sandbars when the river or estuary remain part of the navigable waters of the United States. I will show you late a picture of the whole land impacted by the jetty. Inaudible. Having a federal law regarding this property puts the case before Judge Elizabeth (inaudible), is federal law is superior to anything that she might be saying. Now in regards to Mr. Nathan Corwin of 186 Main Street Jamesport as I said before at the town meeting, I had a conversation with Mr. Corwin before I went to the Town Board of Trustees, I had the notes from the Town Board of Trustees meeting with Miss Doherty, and I could read them into the record. Mr. Corwin said at the time the survey had absolutely nothing to do nor was there any indication on the survey of any mean high tide mark. However, Mr. Corwin testified at the trial of Mr. Calabro that the line indicated on the map as an apparent high tide mark of October 12, 2006 was in fact a mean high tide mark. So I reported him to the licensing division for the survey. Inaudible. Now as far as when I came to the Town Board in the first place and I said the beach was blocked by a fence, I was referred to the Town Board of Trustees by the Town Board and Mr. Finnegan. What I was reporting was a fence obstructing our right to walk on the beach below a mean high tide mark. That this fence created a hazard and I was curious that Mr. Krupski said at the time that the Town Board was aware of this but no one had done anything so in October 2010, we went to the Town Board of Trustees and at that meeting Ms. Doherty said in reply to a question from me that no mean high tide mark established in the maps, Ms. Doherty said to me in a quote from my notes, we have our own way of doing things in this Town. Now James King stated we are not telling the truth when we said the fence was under the water but he recanted that a week later in a Suffolk Times article saying that the fence was under water many times. If you recall at the meeting in November, I said that the fence in itself was an indication that there was something wrong because the height of the fence went from less than 4 feet to almost 5 % feet high and the reason for that is the Town, the land under the fence had eroded. That erosion was called avulsion which is not part of the case for accretion. I will give you the copy that I have of my notes. On 11/19 reported to me that Jim King wanted to place a stake at the beach at the bottom of the fence. I replied that I didn't want to deal with somebody that said I was not telling the truth when I said the fence was in the water, however, the stake did show and that was presented to the Town Board that the fence was underwater 30 to 40 feet every day that it was there. That was on 11/19 at 8:45 in the morning. Here is a copy of my notes. Now because town didn't seem to be (inaudible) and after the meeting with the Town Board of Trustees, I called Judge Emersons office and I asked a question. Jim king told me that Judge Emerson gave the Rivera's all that property and the property preceded into the water where the fence was. Jim King told me at the meeting that the people have the right to fence off their private property even if the fence goes in the water. Now in response to that, I don't know who I October 8, 2013 Page 37 Southold Town Board Meeting spoke to in Judge Emerson's office but I said, when I identified myself and I presumed it was some Judge Emerson because she answered the phone `chambers' I asked about this case with Judge Emerson and Judge Emerson said to me and when she looked it up, I asked where can I find the line that is referred to as the mean high tide mark. And she told me get a lawyer. So now Judge Emerson is telling the people if they want to walk the beaches in accordance with the law, that they have to have a lawyer. That (inaudible). So I wrote a letter to H. Patrick Lays III, Suffolk County Administrative office and I said several things, the original petition to the court, the property the plaintiffs misrepresented. The fact that they included (inaudible) specific metes and bounds as they pertain to the mean high water line of the Long Island Sound as shown on a map of Captain Kidd Estates filed January 19, 1949. That is important because it describes all the property and I can get a copy of all those deeds from the court record that has all fixed metes and bounds. It also mentions Nathan Corwin and several other things. I will give you a copy of that letter. Inaudible. Mr. Russell, you were sitting next to our Congressman Bishop when I showed him a picture of the area in question and I was informing him that nobody from the State of New York or the United States Army Corps of Engineers authorized this change on the beach, in fact, this change was only authorized by a Jack Sherwood I think his name was, acting on behalf of the Town of Southold which the Town of Southold in a FOIL request, I will give you that information later, said they had no knowledge of how he did anything like that. This is the document that I handed Mr. Bishop, he looked at it and left it at the table when he left, so I put it in this plastic so his fingerprints would remain undisturbed. I have another copy of a document that the Department of the State of New York, entire area within the coastal boundary, right, it identifies (inaudible) or the area in question around the, called the Mattituck Inlet estuary. Inaudible. Now the Town of Southold through the Town Board of Trustees, Ms. Doherty in particular, was asked several times to provide the mean high tide mark that was documented over the 18.6 years as required by the town code also required by the State of New York. I have not received that yet. In fact, I was not able to find any documentation that pertained to the court records or the change in property said mean high tide mark. However, I was able to come up with a survey from September 2001 which showed the illegal extension of the Rivera property that was rescinded after this. Now on this survey (inaudible) there is an area down on the beach all because of the jetty. One thing unique about the jetty the government says any land created because of the jetty remains the property of the United States. This is, now if you go down Breakwater Road towards the jetty and after you pass the Naugles Road, the road takes a big dip and it goes down, it collects water there whenever it rains. Now according to old records in the Town of Southold, part of the inlet extended along that dip out to the natural beach which is west of the houses that are there. So I have indicated that with two pink lines on it. Now there is a yellow line on it. That would indicate about where the town owns the land under the Andros Patent, as claimed by the Town Board of Trustees. In addition to that, there is another indication of what they call paper road which is opposite Sound Beach which has been taken over by two houses that live there, that are in existence there and going back to what was said about the tightness of parking for the beach area, this is a town road, it should be opened up for the beach people. It is adjacent to the Mattituck Park District. In regard to the Mattituck Park District, they are the only ones that currently have an opportunity to allow people to get to the beach. The beach was closed off between the town fence and the Rivera fence which excluded people the right to access the beach according to the coastal zone management act. October 8, 2013 Page 38 Southold Town Board Meeting COUNCILMAN TALBOT: What are you talking about now? I mean, the cast side of the road by Rivera's house where the sidewalk is? MR. CLEARY: Inaudible. COUNCILMAN TALBOT: When was that closed off? SUPERVISOR RUSSELL: I can tell you, several years ago there was a guardrail was put up and rock revetment was put up because of people accessing that with 4 wheel drive. But to the east of that there is a sidewalk that takes you right to the beach. MR. CLEARY: That used to belong to the Mattituck Estates, Captain Kidd Estate civic association. Those three houses, those three plots, they were given to the Mattituck Park District in the very beginning for open space (inaudible). SUPERVISOR RUSSELL: That falls within our dedicated area though, that is part of the town right of way there. MR. CLEARY: Well, not if it goes across (inaudible) if you had to go off into the Mattituck Park District (inaudible)..... SUPERVISOR RUSSELL: No. MR. CLEARY: You really don't have access to the beach (inaudible) COUNCILMAN TALBOT: No but that sidewalk is still there on the east side of the road.... SUPERVISOR RUSSELL: Yes it is. COUNCILMAN TALBOT: That sidewalk hasn't gone anywhere. MR. CLEARY: Inaudible. COUNCILMAN TALBOT: You are talking about just because of the blown sand that comes up there. It is not blocked off by anything. MR. CLEARY: What I am really getting at that wherever the line is on the Rivera property, there used to be an entrance to the beach there. I would like to see that reopened. I have another letter here from the limits of jurisdiction from the Army Corps of Engineers which clearly defines the wetlands. Here is another letter from the Department of State identifying the property in question, the tidal flats of Captain Kidd Estates. Inaudible. I have a copy of an email to Chief Flatley asking him to investigate these things in particular, a scheme to defraud under section in New York penal law 190-65. Chief Flatley says see the Town Supervisor and the Town Attorney don't bother me. Inaudible. Now in regards to some of the questions I had, I had a meeting with Deputy Town Attorney Lori Hulse on 4/22 at 11:15 in the morning requesting her to evaluate all the things I just gave you. Especially responding to a letter from this H. Patrick October 8, 2013 Page 39 Southold Town Board Meeting Lays that I gave you and according Judge Heinreich does not (inaudible) but it is strongly recommended that you consult with an attorney who can best advise you regarding the substantive and procedural issues raised in your correspondence. Well, it is not my job, it is the town job so I saw Ms. Hulse and the date and the time is stapled to this. Inaudible. COUNCILMAN TALBOT: And yours. Is this, are we still talking about the fence being out into the.... MR. CLEARY: Well, we are really talking about.... COUNCILMAN TALBOT: But if this section.... MR. CLEARY: I don't want to do this anymore. So really what I am doing is I am giving you the ball, see if you can go with it. Now regarding the trial itself, in the letter of H. Patrick Lays is the fact that the Mattituck beach association hired the Parkside Group, a lobbying effort, to interfere with Cuomo, target Cuomo on local legislation, legislative issues. Inaudible. SUPERVISOR RUSSELL: But you see that the attorney general had a responsibility to go and argue this case. Would you agree with me? MR. CLEARY: I do. SUPERVISOR RUSSELL: And he didn't. it is more or less a default of judgment because they didn't participate in the case. MR. CLEARY: I will cover that now. SUPERVISOR RUSSELL: Well, let's wait a second. Because you were saying that was a town, Mr. Anders told you this was a town responsibility. I think Mr. Anders is incorrect. I think it was the attorney general's responsibility and he abdicated that responsibility. Also there is the issue of the fence itself. That is an annual permit issued by the Trustees. I think the Trustee's should remove the eastern most sections of the fence. However, I would suggest that if your decision making of the Trustee's is in question, then you need to pursue that and challenge that with the Trustees. MR. CLEARY: Okay. In regards to what you just said, I have here a copy of a document in the court record, it is a subpoena by the attorney general of the State of New York asking that the Town of Southold and the Southold Town Board of Trustees appear at a trial. Here is a copy. It appears in the court record. So Mr. Frank Isler, Esquire was served the date and time of service is on here. I don't see anything in there when Mr. Isler said the survey had nothing to do with the mean high tide mark, the survey indicates extension into town property. The property sought is the property of the Town of Southold under the Trustees Andros Patent, right, and the property itself is affected by, this is not mentioned in the court document, the property itself is affected in there because of the Mattituck jetty. Once you put a jetty into it, a local court doesn't have any jurisdiction anymore. So here is a copy, this is in the court document.... October 8, 2013 Page 40 Southold Town Board Meeting SUPERVISOR RUSSELL: Who would have the jurisdiction? MR. CLEARY: The federal government. SUPERVISOR RUSSELL: Then it would be the Army Corps of Engineers that should, I mean, is it state land, is it federal land? What land is it? Certainly not town land. Whoever the agent is that has taken possession of the accreted sand needs to assert their authority and their ownership of that. None have done that. MR. CLEARY: The state land, if the jetty wasn't there, it would be state land. The only decision the state has to make on that land is normal accreted land. Any land that is accreted by the jetty, Army Corps of Engineers. It is as simple as that. Now as far as the survey goes, I would like it to become part of the town record, the first survey is the subdivision survey and I want you to note on this, this is a 1949 survey. I got this from the county records department and it indicates the high water mark with the latitude and longitude on it. Doesn't say anything about a mean high tide mark. The second survey I have it the certified copy from the court documents, as Mr. Corwin said, he said it has no indication of a mean high tide mark on it. in fact, I brought it to the attention to the Town Board, it is kind of hard to see, so I had it blown up. It says, apparent high water mark of October 12, 2006. Inaudible. Now in and about October 24, 2011 1 asked for a letter from the Town Board to Mr. Spota and Mr. Finnegan wrote a letter mentioning me that I was concerned about the accuracy of these documents, indicated on Suffolk County tax map 1000-99-1-16 index to court records 06-23850, now Mr. Parson responded on behalf of Mr. Spota alright, to this identified document, which says in so far as the survey in question was done and filed in 2003 such criminal charges (inaudible) 2003 and it is a 2006 survey. Inaudible. I have another letter here from the United States law, 329-13 it says however, any area will remain navigable by law even though no longer covered by water whenever the change has occurred suddenly or is caused by artificial forces intended to produce that change. For example, shifting sand logs within a river, estuary (inaudible), this is United States law 329-13. Now in regards to previous submitted items including letter with H. Francis Lays, you will see some indications on there of numbers. Number 6 would be this hiring of a professional lobbyist, a good friend of Cuomo's. Number 4 would be the Mattituck Inlet wetlands and included in that was the picture that the town has. Indicated on there was the fence underwater but most importantly, the bottom rail of the fence was in the water, it goes down to the water, up over the tidal berm and down into the surf where Mr. King says that is a legal fence. Number 2 in the letter to Mr. Lays, Judge Lays is the high tide mark on official documents. Here it is indicated the high tide mark makes a right turn. A ninety degree turn on a high tide mark. In addition to that, over the years I pointed out the last time I was here, the high tide by federal records without weather goes from 4.2 feet to 6.7 feet over the course of the year. That is a 2 %2 foot variation. One day isn't qualifying. Now the Supreme Court of the United States indicating that land because of a jetty is avulsed land not subject to the laws of accretion. And here is a copy of a FOIL request I made on November 21, 2011 on Jack Sherwood. He is listed on the town payroll department record as a part time consultant, I asked any documentation authorizing a change in the property line at 250 Sound Beach Drive West and there is no indication of any documents as required by court (inaudible) included documentation under written, well, I got an answer, they have no records of Mr. Sherwood (inaudible) now in the October 8, 2013 Page 41 Southold Town Board Meeting judgment part of it, there is a couple of notes that I have in here that would indicate some reflection questions but the most important thing would be that the northern boundary specified it never to be on a mean high tide mark by Judge Emerson. Now I will also give an application as far as the judgment goes that she is referring to a document that has no bearing on any mean high tide mark, it also says it won't affect anybody. How about 350 million people in the United States and in fact I will give you a survey that indicates there were several lots in there that weren't part of the suit. Now as I said, I called Judge Elizabeth Hazlet Emerson and I when I was told to get a lawyer, I looked up her on the internet too and I got citizen dan dot com, Long Island corruption in judges. It is an article quoting Robin Topping and Cathy Thomas, staff writers for Newsday, from November 19, 2000. It might be interesting reading. Now I don't know if I mentioned it but the attorney representing the plaintiff's Jonathan (inaudible) is married to Judge Emily Pine-(inaudible), Judge Emily Pine (inaudible) shares an office and staff with Judge Emerson. I don't think that's, I think that relationship is a little too close to make a decision. I have here a small copy of the survey of Sound Beach Drive indicating on it four red circles on four lots that weren't participating in that suit. Thank you for your time. I have a lot more documented evidence that I would like to present to the United States attorney once you contact him and ask him to look into this stuff. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Don Stewart DON STEWART: Don Stewart I am from the Eastern Reform North Fork Deer Management Alliance and we just are kind of here to check up on how things are moving with the deer issue? We were all very heartened by the meeting the other night, it sounded like there was a lot of consensus and forward motion and resolution to move forward on the whole deer matter so I am just here trying to check in. I think there has been $25,000 earmarked for the sharpshooter program? SUPERVISOR RUSSELL: Right. The budget I proposed for the Town Board is $75,000 earmark for deer eradication. Of the $75,000, $25,000 would be used to contribute to the East End Initiative being sponsored by the Long Island Farm Bureau. MR. STEWART: The $40,000 that they would put towards our.... SUPERVISOR RUSSELL: Well, $25,000 from each town is what they are looking for and I would hope this Board commits to contributing this year. There is other funds available to do a town wide mailer and send an application to all homeowners who are willing to waive the setback rule and if we can put enough property owners together in these blocks we can create new hunting ground and we can take all the responses and GIS them so that we have a good master of understanding of you know, where can we open up new land. There is of course involved manpower to not only support the current USDA effort on Nassau Point, our effort on town lands and also the hunt itself, if the USDA becomes a contract vendee of the Long Island Farm Bureau. That was also going to be covered by that money. We also have a proposal on the table to reimburse farmers, at least partially, farmers, hunters, at least partially for the cost incurred in participating in town hunts and that is estimated at $14,900. October 8, 2013 Page 42 Southold Town Board Meeting MR. STEWART: Inaudible. Obviously this is a multi-faceted problem and you have to (inaudible) but it would seem to me that the sharpshooter program is the one thing that has kind of the most muscle and it is going to achieve results quickly. Hunters, you think of in the longer term way that is something that once the operation is locked down, they can help stabilize it etc. etc. So is the $25,000 my question is, is that going to be enough, I mean, if you just do a quick back of the envelope, $25,000 added to the say $40,000 that we get from the Farm Bureau, say $65,000.... SUPERVISOR RUSSELL: I think the numbers are low. Actually the Long Island Farm deal, if each town contributes $25,000 I believe that based on the grants they receive and the contributions from each of the towns and villages, would be closer to $500,000. Alright, this is far more substantial amount of money that you had just quoted. Also, you need to remember that the USDA is not a panacea, they are not going to come into a town and (inaudible) a herd overnight. I would remind you that the USDA has already been under contract with the Nassau Point property owners association. In their first year I believe they only took 5 or 6 deer. They got much more successful in the second year and took many more. It is a growing program. If you go under contract with the USDA, you are going to have to be in it for a long term commitment. It is not going to happen in one year, it is not going to happen quickly. You need to be in for a long term commitment. COUNCILWOMAN DOHERTY: And I believe the gentleman that was represented at the meeting, went into a little bit of detail, it is a long process. They don't just come out and shoot, they send several people out over several weeks.... SUPERVISOR RUSSELL: A great deal of community building. COUNCILWOMAN DOHERTY: Yes, community building. So it is not the quick, easy thing that it sounds like. MR. STEWART: My impression and I thought I read it carefully, is that the grant that they are getting is for about $500,000 but that would be for the 5 towns, so if you divide that among the 5 towns that would give us one fifth. SUPERVISOR RUSSELL: I believe their grant was, I thought it was $200,000 and if each town pays what was you would call for lack of a better term an informal levy, that the Long Island Farm Bureau or a grant that they are asking from each town, when you combine the assets from the town contributions with their assets that would give you close to $500,000 as an east end initiative. But again, you know, spending more money isn't going to get more USDA guys on the ground and take more deer, it just, it's a complicated process. MR. STEWART: Wouldn't it be (inaudible) spending more money get more USDA people... SUPERVISOR RUSSELL: There is only so much the USDA can do. You know, they have limited resources as well. So, they are not a bottomless pit. You can't just spend more money and expected more USDA guys to show up. There is only so much they can do. And I think we October 8, 2013 Page 43 Southold Town Board Meeting need to set realistic expectations. Are they going to be the solution? No. Are they going to be part of the solution? Yes. MR. STEWART: When we look forward to February which is when this would take place, are we very confident, somewhat confident or is there a possibility that February can come and go and there would not have been a substantial sharpshooter cull in Southold township? SUPERVISOR RUSSELL: I am cautiously optimistic. That is the best answer I can give you tonight. I don't know how successful they will be their first year out. MR. STEWART: But I mean, by all rights we should have something like this season, something in the neighborhood of $50,000 or $60,000 in this immediate area in the township committed in the sharpshooter program. Is that a realistic expectation? SUPERVISOR RUSSELL: We are committing $25,000 to the sharpshooter program. We have an additional $50,000 to support that program and other programs that are being undertaken now. Also to support the town program. Also, again, a town-wide mailer which is probably in my view, offer far more potential at reducing the herd than the USDA would because it would considerably open up, if we can get enough homeowners clustered together, to waive the setback rules, you can open up those fringe areas. That is where the deer flourish the most. Those are those fringe environments where the houses are, where the plantings are. They don't like the woods, they don't like the open fields. They like those fringe environments. And that is also where they go to seek shelter from the hunting that is taking place on open lands. We need to be able to access those sites if we can get enough people to waive that right, we can maybe create these little blocks of hunting. MR. STEWART: I won't take up too much more of your time but I just, if one looks at this numerically, if you know you want to basically cull 2,500 deer, if it is not going to be done in one year, we are hoping that that could be done in two years. Isn't that going to substantially come from a sharpshooter program? Isn't that where the lions share will to have to come from? COUNCILMAN TALBOT: Not necessarily. Where do you live? MR. STEWART: I live in Cutchogue. COUNCILMAN TALBOT: Well, I mean, it is a collaboration of all of it. This is being discussed, this is, one of the many things that the Supervisor is saying, about opening up more space.... MR. STEWART: No, I understand this. COUNCILMAN TALBOT: But also getting more hunters on the ground. Do you hunt? MR. STEWART: I am not a hunter. October 8, 2013 Page 44 Southold Town Board Meeting COUNCILMAN TALBOT: We are trying to get even more hunters on the ground. One of the things with buying the refrigerator truck, is so these guys, they hunt more than they can possibly take and.... MR. STEWART: They are terrific programs and you have done a great job.... COUNCILMAN TALBOT: But the sharpshooter program like was mentioned, they scoped that area out in Nassau Point for months and got I think it was 6 or 7 deer at the most. It was almost like a joke to tell you the truth. So is it going to be just the sharpshooters, that it may increase and they may get better but I would say no, it is not going to be just the sharpshooters. MR. STEWART: That was a very small scale program, there have been others areas.... COUNCILMAN TALBOT: You ever see how many deer are on Nassau Point? COUNCILWOMAN DOHERTY: It also depends on the weather. That was a very warm winter and it.... COUNCILMAN TALBOT: You could trap 6 in your yard in one night. MR. STEWART: Other areas that they use sharpshooters.... SUPERVISOR RUSSELL: We understand the important role that the USDA is going to play here but again, it is not a panacea. This notion of the USDA showing up, if we just give them more money, they can take more deer, it just isn't true. they have to put a lot of effort, they have to do a census, they have to do a lot of things to make sure they have successful hunt. The first year of the program undertaken on Nassau Point, which is a huge population of deer, again was 5 to 7 deer. The second year they were more successful, I think they took 40 to 50 deer. It is a process that will grow over time and quite frankly, maybe our contributions to it need to grow over time. But there is only so much they can get accomplished in their first year. And to throw more money at it, to presuppose we are going to get more results just is frankly, naWe. MR. STEWART: Let me just leave with this question, since as a citizen action group whose only power really is just to kind of try to keep on top of things and monitor things and see whether they are moving forward, what should we expect, when, when will we know that at least some kind of pilot program will be going forward in the fall, in February, that something is going to happen? SUPERVISOR RUSSELL: We will certainly confer with Joe Gergela and report back to this community. The USDA is going to be reaching out to this community. It is a community effort, the USDA looks for the support of the local community so if this is up and running by February, the USDA will already have been out here engaging the public in community meetings. MR. STEWART: so we don't know that Joe Gergela's grant, funding has actually come through. October 8, 2013 Page 45 Southold Town Board Meeting SUPERVISOR RUSSELL: His funding has come through. It is sitting in an account. Absolutely. His commitment has already been made and he has already secured the funding. Absolutely. MR. STEWART: And so USDA could start the activities as soon as November, December? SUPERVISOR RUSSELL: I would suspect they would need to because they need a couple of months to prepare for the hunt itself. They don't just come in and start shooting up the place, they have got to do a census, they have got to do a lot of things. It is quite a complicated process. They went through that with the Nassau Point property owners. It is a much smaller area, ironically with a huge population of deer. And you saw the results the first year. They got much better at it the second year. That is how we are going to grow a program. MR. STEWART: Yes. So the Farm Bureau may be the best way to track.... SUPERVISOR RUSSELL: Absolutely. They are spearheading the effort, we are merely contributing to that effort. Mr. Dunn? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. Two things. SUPERVISOR RUSSELL: If it has to do with parking at Goldsmiths, we are not interested. I am just joking. MR. DUNN: I just wanted to, it does. The street name on that bill is wrong. SUPERVISOR RUSSELL: Okay. MR. DUNN: Okay, we came to the last meeting and you know, there was a rather large presence here and I just didn't want to step on their parade or get in the middle of that but some of the tax bills say Sound Avenue. COUNCILMAN TALBOT: The reference was, it was on the Suffolk county tax map. MR. DUNN: I don't know what is on the Suffolk County tax map but Pete Terranova was here and he had his tax bill and it is Sound Avenue. The road that is in Peconic Shores is Sound Avenue. COUNCILMAN TALBOT: I think everybody knows, we are all talking about the same road, right? MR. DUNN: There is no question about.... COUNCILMAN TALBOT: We are splitting hairs here though. I mean it's the same... MR. DUNN: It's just, what's written on the bill. October 8, 2013 Page 46 Southold Town Board Meeting COUNCILMAN DINIZIO: Whatever we referenced in the law is what it is going to be. SUPERVISOR RUSSELL: Right. COUNCILMAN TALBOT: Essentially the most northerly road. MR. DUNN: Okay but that's, it says north to Soundview Avenue. It is north to Sound Avenue. TOWN ATTORNEY FINNEGAN: Inaudible. MR. DUNN: I'm sorry? TOWN ATTORNEY FINNEGAN: Inaudible. MR. DUNN: Okay. Then we are going to move on to the (inaudible). There was, it was told to me here in this room that there should be no cherry picking when I mentioned something about some of the road ends might not be appropriate for swimming and it was mentioned that there shouldn't be any cherry picking which I actually agree with and if you are going to get rid of signs, you should get rid of them everywhere. I did a small survey, there is only one sign on Goldsmiths. So I am not comfortable with that answer. COUNCILMAN TALBOT: You mean there is only one cherry out there? MR. DUNN: There is only one cherry, yeah. The box is empty, you went to the store and when you got home, there was only one cherry in the box. SUPERVISOR RUSSELL: That site was specifically cited by our risk management company and we did discuss the prospect of swim at your own risk sign, that was rejected and as a matter of fact, that was more problematic than no sign at all because it looked like we were inviting swimming just merely at their own risk. It is a prohibited activity. The code is clear on that. It is a prohibited activity, if it is not allowed in the code it is presumed to be prohibited. All that sign does is indicate what the code has said all along. There is no swimming allowed. We did the math on establishing the public beach here, you were at that work session... MR. DUNN: And I agree with the decision there. No question about it. It just doesn't work. It doesn't work from the Board of Health standards and it doesn't work, I don't think it would work financially. It would be a foolish effort. But to single out one beach as in need of a sign, that is not what I was led to believe from all the previous discussions that have gone on. It was.... COUNCILWOMAN DOHERTY: Scott, I believe, correct me if I am wrong, that was singled out in our report for our insurance, that particular beach. That is why we put a sign there.... SUPERVISOR RUSSELL: They highlighted that particular parcel but I do think they referenced some, what's called casual beaches, road ends. I don't know if the status is to put signs up or I October 8, 2013 Page 47 Southold Town Board Meeting can certainly check with the safety committee but I, you know, from my recollection that was highlighted. MR. DUNN: Pequash, Bay Home, Pipes Neck, Bailie Beach, Town Harbor Lane. SUPERVISOR RUSSELL: Bailie Beach is... MR. DUNN: That is a road end. And every name I have given you so far is where we put garbage cans. So we know it is being used.... SUPERVISOR RUSSELL: Being used as a beach, we are certainly not presuming that people are swimming there because it is a prohibited activity by town code. Long before that sign went up. MR. DUNN: I am sorry? SUPERVISOR RUSSELL: It is a prohibited activity by town code.... MR. DUNN: What is a prohibited activity? SUPERVISOR RUSSELL: Swimming. MR. DUNN: Swimming. Okay. But it is not prohibited at the other beaches? SUPERVISOR RUSSELL: Yes, I believe it is. MR. DUNN: So by then by putting a sign up at one beach... SUPERVISOR RUSSELL: Well, maybe we will have to do that and maybe that's very, pretty much what DPW is working on. I don't know, I will have to check with them. COUNCILMAN TALBOT: Yeah, it's probably going to say NOT a designated swimming beach. You know, because the other ones are designated swimming beaches. SUPERVISOR RUSSELL: Right. MR. DUNN: Inaudible. COUNCILMAN TALBOT: Then the other ones, if it is going down the path that you are talking about, we'll say not a designated swimming beach. SUPERVISOR RUSSELL: Is it problematic that there is a sign there? That simply states what the code all along has, is that problematic that we have a no swimming sign at a beach where swimming has never been permitted? I mean, we have to think about the underlying issue here October 8, 2013 Page 48 Southold Town Board Meeting and the liability to the taxpayers of this town. I mean, that is really why we hire these companies. To keep our insurance rates lower and to also limit our risk to claims. MR. DUNN: The problem in my mind is what comes next? You know, first the sign and then it's someone saying get off the beach and then it's, you know, I mean where does it stop? COUNCILMAN DINIZIO: Well, I don't think anybody is saying.... SUPERVISOR RUSSELL: It stops at a sign that says no swimming allowed. That's where it stops. I don't think the beaches are in danger of over regulation, quite the opposite. I think the beaches are some of the most overused assets in Southold Town. MR. DUNN: I will be honest with you, I have heard a number of people say well, rip the sign down. I don't do that. No. not this guy. I don't condone it, I don't approve of it. SUPERVISOR RUSSELL: Well, I am sorry. MR. DUNN: Then what was the cherry picking thing? SUPERVISOR RUSSELL: It was my understanding that they highlighted several beaches. I don't know why signs are not up but I will certainly check with DPW and find out for you. Goldsmiths was singled out as one of the biggest risks to our liability but they did mention other beaches and I will certainly find out what the status of those signs are. MR. DUNN: Okay. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board? COUNCILMAN DINIZIO: Mr. Dunn, could you give us the list? SUPERVISOR RUSSELL: Mr. Dunn, Jim Dinizio is asking for the list, for the quick survey you did, for the list of beaches. He would very much like to have that. MR. DUNN: Inaudible. There was a discussion that night, a comment that night that at the legitimate beaches, that swimming is only allowed during periods when lifeguards were on duty. And that there was signage for that. I went to four town beaches, there was only one sign for that. That's on that list, too. As a matter of fact, one of the town beaches still had the rope ring out with floats. SUPERVISOR RUSSELL: We leave them out for the season. COUNCILWOMAN DOHERTY: They are being taken out of the water now. SUPERVISOR RUSSELL: We leave them in for the season. October 8, 2013 Page 49 Southold Town Board Meeting MR. DUNN: When did the lifeguards stop? SUPERVISOR RUSSELL: Probably shortly after Labor Day. COUNCILWOMAN DOHERTY: Yes, Labor Day weekend. SUPERVISOR RUSSELL: It's a task that needs to get done with manpower and it's not possible to get everything done so quickly. MR. DUNN: But if we are talking about liability and liability doesn't care, liability is, you know, if you have a liability, liability is very (inaudible) SUPERVISOR RUSSELL: I don't think those nets are going to invite any more or any less swimming than a nice beach would. I, leaving those out doesn't invite swimming. I mean, I just think that's factually incorrect. Having those floats there isn't going to invite someone to be more inclined to swim or not swim. If they are going to swim, they are going to swim. MR. DUNN: I would beg to differ with you there because as a matter of fact, the one beach (inaudible) beautiful beach, New Suffolk, that's the only place I saw them. To be honest. There's two 4x4's in the ground that says swim beyond this point. Indicating where the lifeguard (inaudible). SUPERVISOR RUSSELL: Okay. Fair point, fair point. MR. DUNN: So while those buoys are still out there, in the daytime, in the nighttime, after Labor Day while the buoys are still out there, we have got a liability. I mean, if we are concerned about liability and here's, I guess I didn't get around to saying it, here's where I am really going, in the Port Washington band, kids can take footballs to school this week. It is crazy where we are going to go with this liability and I know you guys are protecting and I respect you, I think you are doing a good job trying to save us money.... COUNCILMAN TALBOT: But you think it's lunacy? MR. DUNN: I think it's lunacy and maybe we need a hearing on this, to just get the town's opinion. Maybe they want to swim and maybe they want to swim legitimately and maybe they don't want to walk past signs that say now swimming here. And maybe they are willing to accept that liability. We pave roads so people can drive cars on them... COUNCILMAN TALBOT: I think the world is getting overregulated. MR. DUNN: Absolutely. SUPERVISOR RUSSELL: We just passed legislation that actually eased restrictions with the dogs on the beach, although I don't really want to visit that. October 8, 2013 Page 50 Southold Town Board Meeting MR. DUNN: No, I am not, don't get me wrong. SUPERVISOR RUSSELL: I am sorry. MR. DUNN: I am not faulting you, I think you are doing a good job. COUNCILMAN TALBOT: It's the regulation, that's all it is. We tend to get overregulated, you can't deny it. SUPERVISOR RUSSELL: It is a shame that insurance, Chris, his point is well taken. It is a shame that insurance companies are dictating some of the actions of the town. But in this day and age, this litigious society unfortunately you know, we have to do things that might not be pleasant, they might not be popular but they are necessary to protect the underlying, at the end of the day, it's not my money, it's the taxpayers money and I need to protect it as best I can. MR. DUNN: We have tons of liability in this town. SUPERVISOR RUSSELL: And we are going to try to correct them one at a time. MR. DUNN: And some of them, you have to live with them. COUNCILMAN TALBOT: I agree. They refer to Long Island when you go to the Association of Town meetings, they refer to Long Island as the area litigation, it is ridiculous. I don't know where you go from here, I mean it's, I am more in agreement with you on it. Wholeheartedly. SUPERVISOR RUSSELL: Thank you, Mr. Dunn. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz, Cutchogue. How are you doing? Speaking of ridiculous, I was thinking maybe you could pass a leash law for the deer. COUNCILMAN TALBOT: You have got to leash them. MR. SCHWARTZ: But seriously I am concerned about the deer and what the town is doing about the deer and I was quoted in the paper this week saying that I am hearing that maybe the government is part of the problem, is the problem. I think I was misquoted. I never felt that way, if I said something like that it was half of what I said. The other half was the government should be doing more but the government should be doing the right things and should not be doing the wrong things. So I don't know if you want to talk about what you are doing about deer, try to summarize it so that someone simple like me could understand.... COUNCILMAN TALBOT: There was a gentleman that was here just before you got here, I think you were walking in when he was walking out. We just had a discussion on it. MR. SCHWARTZ: I was working today but I got here as soon as I could. I, you know, somebody asked me the other day where are the deer? And I went to that deer meeting and I was October 8, 2013 Page 51 Southold Town Board Meeting told, we were told at the meeting, the public was informed that the public informational meeting that there are a lot of deer in Suffolk County. To me that wasn't too helpful. That there are a lot of deer in Southold Town. I knew that. I think everybody knows that but people want to know exactly where the deer are. We might not be able to know exactly where each deer is at each time but we have had a deer management committee I think they are called, for four years and I don't know what public information they have put out there, I know they have been working on hunting and while I appreciate that they are having a lot of fun and possibly doing some good, it is also very possible that they are doing some harm by.... COUNCILMAN TALBOT: In what ways? MR. SCHWARTZ: Well, for example, the scientific studies on the subject show that if you reduce the herd by a percentage of less than I don't know the exact percentage and it probably varies depending on which herd and what location etc., but somewhere around 50%. If the reduction is less than 50% that decreases the pressure, it increases the food supply for each animal and they have more babies and it actually increases the population the next year or a couple of years down the road. It increases the rate of growth of the population. Now taking out a couple of deer is not going to solve the problem. Does anybody have plans to kill all the deer? No. SUPERVISOR RUSSELL: Well, that is certainly a goal that would be very attractive to me at this point. But unrealistic. MR. SCHWARTZ: To kill all the deer? SUPERVISOR RUSSELL: No, to cull the herd so that it is no less than 60% of what its current numbers are. And to cull the herd at a rate this year.... MR. SCHWARTZ: No less though.... SUPERVISOR RUSSELL: I didn't interrupt you. MR. SCHWARTZ: I am trying to understand what you are saying. SUPERVISOR RUSSELL: I didn't interrupt you. And to cull the herd on an annual basis that would exceed their rate of reproduction. That is really what we need but it is going to take time to get there, Benja, there is no simple solution here. MR. SCHWARTZ: It's not that simple. What you just said, to no less than 60%.... SUPERVISOR RUSSELL: Unfortunately, there was a study done out of England, the professor there determined that you would need to reduce the numbers by 60% to get it to a manageable level where you could basically cull the herd on an annual basis at a rate that would exceed the reproduction process. That's really (inaudible) but that's balance. October 8, 2013 Page 52 Southold Town Board Meeting MR. SCHWARTZ: So a minimum 60%. SUPERVISOR RUSSELL: That's balance. MR. SCHWARTZ: At least 60%. Not no less than. SUPERVISOR RUSSELL: It will take time to get there. You can't do it overnight. MR. SCHWARTZ: Well, how much is 60%? I mean, and I don't know if it is meaningful even to talk about all of the deer in the Town of Southold. SUPERVISOR RUSSELL: Instead of telling us what we are doing wrong, why don't you give us a suggestion as to what we should do. MR. SCHWARTZ: Okay. Well, you know, we have, there is information. The town has information, in possession of the town as to where the deer accidents have been occurring and where the reported deer accidents are. I would like to see that on a map. Know where the problems are, where the conflicts are occurring between the deer and the people. Also perhaps we could start a program similar to the Audubon Society's, I am sure people would participate. Could be something done on-line. SUPERVISOR RUSSELL: To get a census of the deer? MR. SCHWARTZ: Exactly. To get a census and a location of where the deer are and which ones are doing the, doing harm. COUNCILWOMAN DOHERTY: You know, Benja, at that meeting what I took away from that question that you have is the deer are, the herds are constantly moving because their food source is constantly changing. So where you might say in the last three months there has been a lot of accidents in this area so the deer must be here. The next month it is going to change. It all changes with the weather and the food source. And they adapt to the different foods. They used to not eat a certain type of plant and now they do because the other type that they used to eat is not there anymore. So it is, the deer are constantly changing so we have to constantly change our efforts and broaden our efforts and that is what we are trying to do and what Scott says, it is not going to happen overnight. And we are looking into several different ways and working on several different ways and paths. SUPERVISOR RUSSELL: And we are just simply taking a census. We are just counting them one at a time as we put them on a refrigerator truck. MR. SCHWARTZ: You can joke about it. SUPERVISOR RUSSELL: I am not joking, it is a serious issue. But what I would like you to do is give us a specific example of how we can reduce the numbers. Taking a census of the deer October 8, 2013 Page 53 Southold Town Board Meeting is not going to reduce the numbers. How can we reduce the numbers? If we are doing thing wrong, that's fine, I am all ears. Tell us what we need to do right. MR. SCHWARTZ: Well, reducing the number of accidents is one thing that... SUPERVISOR RUSSELL: We discussed that at the meeting. MR. SCHWARTZ: Concerns me. I would like to see where the accidents have been occurring. If there are no patterns, if we cannot discern a pattern, then it would be a futile effort. But to not even try, to not put that together, that indicates to me that government is taking action without intelligence. Without knowledge. SUPERVISOR RUSSELL: Accidents or MVA's are only one small portion of the problem that is basically an epidemic proportion of white tail deer. MVA's are one of the issues. There are public health concerns, the spread of tick borne illness, crop damage. All those issues come to play too and I can assure you those are spread out fairly evenly throughout the town. All of the farmers, you see the fencing going up. You see the problem town wide, so the MVA's will give you a window of insight into one aspect of the over-population but it doesn't address the larger issues and there are plenty of them out there. Economic, environmental, health all of those things are issues that need to be addressed. The devastation of our eco-systems by deer that consume too much. All of that needs to be addressed and that is happening throughout Southold Town. I think that's a conclusion that has already been reached. COUNCILWOMAN DOHERTY: And plus I believe a lot of the MVA's are not reported, so we wouldn't have a record of that. MR. SCHWARTZ: Right. So then if you don't want to try then, you are not going to do anything.... SUPERVISOR RUSSELL: We are trying very hard. MR. SCHWARTZ: Could I just, my point is from what I gathered and I have been focused on this for a while, I have been paying a lot of attention to the deer and the tick problems and it seems to be that the town is currently doing basically three things, is hunting, they are planning the sharpshooters and what was the third thing that you are doing? You know, I don't feel like you are really interested in, the third thing that is happening is the fencing. I think that was federal government money that came in there that put up a lot of the fences. Private people. Anyway, those three things all have repercussions, side effects, more, they don't just you know, work. There are many, many ways to approach this problem. I would not like to take up, I would like to go home too. I just would like to make the point that at the meeting I was impressed that somebody recommended a book. I went and I got the book. And I have been reading it and it is a good book but it doesn't have a solution. It just describes the problem. The book is called Nature Wars. The thing is though, there is an implied solution in that book that we can fight nature and win, just like they say, you can't fight City Hall or Town Hall. I have learned that. I don't believe we can fight nature. I am one of those, I don't think the way the October 8, 2013 Page 54 Southold Town Board Meeting book describes it the environmentalists caused most of the current problems. Do any of you believe that? SUPERVISOR RUSSELL: I don't? I haven't read the book but I think (inaudible) the problem to environmentalists is not very.... MR. SCHWARTZ: Well, you could blame the hunters. The book was recommended, I believe it was a member of the deer committee that recommended that book and it has got a lot of research in it. some of the things in there describe how the hunters who probably primarily responsible for increasing the number of deer and essentially, if I was a hunter, the more deer there were, the happier I would be. So I don't know about the town's being led by the hunters and deer management, I am not sure they are the right group. Of course, you have got the farmers in there too and they have their interests. The environmentalist groups have been heard also. I think we need to keep a broader perspective and not think there is going to be any one easy solution but really understand the problem. I think the best way to manage the deer is to understand them. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment at this time? COUNCILMAN DINIZIO: I would just like to say that I would be willing to go and talk to the police chief and see how far back you can get those accident reports. SUPERVISOR RUSSELL: I have accident reports going back to 2001. What I don't have is location. That is probably a time consuming process but you can go down and talk to his staff to see if it's possible. COUNCILMAN DINIZIO: Do you want me to try? Benja, I will certainly give it... MR. SCHWARTZ: If you need a volunteer to go through the reports and put them on a map or in a timeline or something, I would be willing to volunteer to help out. COUNCILMAN DINIZIO: Let me see what kind of information I can get for you, okay? MR. SCHWARTZ: Thank you very much. I appreciate it. COUNCILMAN TALBOT: Benja, you know one thing, obviously I wasn't at this past meeting but the one prior to that, I was very surprised that there was only one person that was against culling the herd. And obviously with fencing off most of the farms it has obviously pushed the deer out of the different areas that they were allowed to go before, but they are all obviously a hell of a lot more deer around here right now than when I was a kid. Probably the same with anybody you talk to but to think that the vast majority of the community is not into doing something about the deer, I don't know about understanding the deer but trying to eliminate the problems that we are having with the deer is bizarre. I think that the Board and the deer committee are doing, working towards doing something instead of doing nothing. You know, we October 8, 2013 Page 55 Southold Town Board Meeting can talk to (inaudible) but if you want to participate and help out more instead of keep going with discussion, then jump on board. MR. SCHWARTZ: Well, you know, I don't, if the town is interested... COUNCILMAN TALBOT: We are interested in doing everything that we can. MR. SCHWARTZ: Okay. Then I will be in touch. One point about killing all the deer and the tick problem, deer don't get Lyme's disease. And ticks don't get Lyme's disease from the deer. If the ticks can't find deer, they might choose other hosts and there may even be less ticks but there may be more Lyme's disease. SUPERVISOR RUSSELL: The white tail deer, every scientist agrees the white tail deer is essential to the reproduction of the tick because, every scientist agrees with that. The larvae will feed off mice and rodents but they need to attach to a white tail deer for the reproduction. They need to attach to a large animal and deer are what they have. But it is an essential component to their reproductive cycle. I would strongly recommend that you read the DEC website that discusses this very thoroughly. MR. SCHWARTZ: I have read the DEC website. I am actually getting my information from a man who wrote a book, I think it is the ecology of Lyme Disease I think is the name of the book but it more than just about Lyme disease. He was recently interviewed by national public television with the director of the program from the CDC, from the US CDC. These are top level authorities and they do not agree. They have written that it is not true that the ticks must have deer. There are, ticks are not host specialists on one animal. Any one animal. Even deer. We could eliminate all the deer and you could still have black legged ticks. Erroneously or the layman call them deer ticks. That is not a scientific name and it is misleading. They are not wedded to the deer. If you believe that they are, then you have been misled. SUPERVISOR RUSSELL: I am relying on scientists, I am sorry for that. MR. SCHWARTZ: You are relying on scientists, well.... SUPERVISOR RUSSELL: Biologists and people who do that for a living. MR. SCHWARTZ: Would you like to read the up to date, latest scientific reports? I can provide you with the name and the title. SUPERVISOR RUSSELL: Frankly think I am. MR. SCHWARTZ: You think you know it all. SUPERVISOR RUSSELL: No, I don't know it all. But I certainly have spent a lot of time investigating this issue. It is one of the largest priorities of the town. October 8, 2013 Page 56 Southold Town Board Meeting MR. SCHWARTZ: Alright. Well, I... SUPERVISOR RUSSELL: I have availed myself of all the information that is out there. I haven't read one book, I have to admit I haven't read that particular book but I have certainly read an awful lot of information, I have talked directly to biologists who do this for a living. I think we have a pretty good understanding of what the problem is and why the deer need to be reduced and their relationship to tick borne illness that (inaudible) I am not going to disagree with the scientists that are guiding us. MR. SCHWARTZ: I am not disagreeing that we need to reduce the deer population. I am just pointing out that in many ways the two strategies that are currently being pursued by the town are conflicting. The hunting and sharpshooting. To do one or the other might make more sense. I am not sure but you read the Suffolk Times? SUPERVISOR RUSSELL: Yes, from time to time I do. MR. SCHWARTZ: Okay. Well, next week I have got a letter that will be in there that will have reference to this book, so maybe you will read that. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Anyone else? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:20P.M. Eli eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell