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HomeMy WebLinkAboutTB-03/26/2013 ELIZABETH A. NEVILLE gpFFO(K Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS F Fax (631) 765-6145 MARRIAGE OFFICER yapf 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 March 26, 2013 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, March 26, 2013 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on March 26, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Christopher Talbot Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Jennifer Andaloro Town of Southold Assistant Town Attorney Present 1. Reports 1. Planning Board 2. Recreation Dept Monthly Report 3. Dept of Public Works Monthly Report 4. Island Group Employee Health Care Plan 5. Board of Town Trustees 6. Justice William H. Price Jr. 7. Justice Louisa P. Evans Page 1 March 26, 2013 2 Southold Town Board Meeting II. Public Notices III. Communications 1. Letter of Recognition for Officer Greg Simmons by Ms. Simons IV. Discussion 1. 9:00 Am - Vincent Orlando, Jeff Standish & Ken Reeves 2. 9:15 Am - Chris Baiz, Doug Cooper & Karen Rivera of the Ag. Advisory Committee 3. 9:30 Am - Jim Bunchuck 4. 9:45 Am - Chief Flatley 5. 10:00 Am - Leslie Wesiman, Chairperson of the ZBA, and ATA Jennifer Andaloro 6. Request for Discussion on Beach Access to Residents 7. 10:30 Am - Lloyd Reisenberg 8. Fishers Island Building and Code Contact Person 9. Extend Trustees & Building Permit & Certain Tipping Fee WAivers (Waivers Expire 4/1/13) 10. LL/Dogs on Beaches (PH This Evening) 11. LL/Plum Island and Marine II Zoning (To be Set of PH) 12. EXECUTIVE SESSION - Litigation: Nocro Ltd. and the Heritage at cutchogue, LLC vs. Town of Southold, et al.; The employment history and performance of a particular person or persons or matters leading to the appointment, employment, promotion, discipline, suspension, dismissal or removal of a particular person or persons Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:22 PM for the purpose of discussing the following matters: Litigation relating to Nocro Ltd. and The Heritage at Cutchogue, LLC v. Town of Southold; The employment history and performance of a particular person or persons or matters leading to the appointment, employment, promotion, discipline, suspension, dismissal or removal of a particular person or persons. March 26, 2013 3 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 2:10 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell No Resolutions were added as a result of this exectuive session. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Opening Statements Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. If anybody would like to comment on any of the agenda items, please free to comment now. Let me just mention, some of you are here for a couple of public hearings. One with regard to dogs and leashes, we will have a separate hearing for that when we are done with the regular agenda. So for the time being, if anyone would like to comment on any of the agenda items, they should feel free to comment now. (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 12, 2013 Vote Record - Motion Yes/Aye No/Nay Abstain Absent James Dinizio Jr Voter 0 ? ? ? 0 Accepted William Ruland Voter 0 ? ? ? ? Accepted as Amended Jill Doherty Voter ® ? ? ? ? Tabled Christopher Talbot Seconder 0 ? ? ? Louisa P. Evans Mover 0 ? ? ? Scott Russell Voter 0 ? ? ? RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 26, 2013 March 26, 2013 4 Southold Town Board Meeting * Vote Record - Motion Ves/Aye No/Noy Abstain Absent James Dinizio Jr Voter 0 ? ? ? 0 Accepted William Ruland Voter 0 ? ? ? ? Accepted as Amended Jill Doherty Voter 0 ? ? ? ? Tabled Christopher Talbot Seconder 0 ? ? ? Louisa P. Evans Mover 0 ? ? ? Scott Russell Voter 0 ? ? ? RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, Jul 17, 2012 Vote Record - Motion Ves/Aye No/Nay Abstain Absent James Dinizio Jr Voter 0 ? ? ? 0 Accepted William Roland Voter 0 ? ? ? ? Accepted as Amended Jill Doherty Voter 0 ? ? ? ? Tabled Christopher Talbot Seconder 0 ? ? ? Louisa P. Evans Mover 0 ? ? ? Scott Russell Voter 0 ? ? ? V. Resolutions 2013-238 CATEGORY. Audit DEPARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 26 2013. V Vote Record - Resolution RES-2013-235 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter ? ? EI 0 ? Supervisor's Appi Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover ? ? 0 ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-239 CATEGORY. Set Meeting DEPARTMENT: Town Clerk March 26, 2013 5 Southold Town Board Meeting Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 9, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ? Vote Record - Resolution RES-2013-239 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-236 Tabled 311212013 7.•30 PM CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Enact LL Stop Sign Bayview WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12lh day of February 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety". BE IT ENACTED by the Town Board of the Town of Southold as follows: March 26, 2013 6 Southold Town Board Meeting 1. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare by replacing the yield sign with a stop sign at the intersection of Baywater Avenue and Bayview Road in Southold. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Baywater Avenue East Bayview Road Southold §260-6. Yield intersections. At Intersection Location Yield Sign on Direction of Travel With (Hamlet) j-diu? xer ArE:nH° $s ? D......:eN" ?hel,] c vat-rr- D icvud III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2013-236 ? Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? 0 Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover El ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appi Scott Russell Voter 21 ? ? ? ? Supt Hgwys Appi ? No Action Comments regarding resolution 236 March 26, 2013 7 Southold Town Board Meeting COUNCILWOMAN DOHERTY: After hearing all the information and looking at all the facts, I propose to withdraw this local law as I feel speed is more of a problem down there and I don't think the stop sign will solve that. We talked to the Chief of Police and he is going to step up patrols in that area and I would like to withdraw this at this time and see if that resolves the issue there. 2013-240 CATEGORY: Attend Seminar DEPARTMENT.- Police Dept Police Department-EMD CPR Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Public Safety Dispatchers Aimiar, Boken, Fannon, Fliss, Grattan, Jacobs, Kumiian, Lane, VanHoy. B. Weingart, H. Weingart, & Zaleski to attend Emergency Medical Dispatch CPR Training on April 121 & 19t , 2013, at the Southold Town Police Headquarters in Peconic NY. All expenses for registration to be a legal charge to the 2013 Public Safety Communications bud et line A.3020.4.600.400 I Vote Record - Resolution RES-2013-240 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover o ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder a ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-241 CATEGORY. Close/Use Town Roads DEPARTMENT.- Town Clerk Waive Parking Regs for Salty Flyrodders RESOLVED that the Town Board of the Town of Southold hereby grants permission to Salty Flyrodders of New York to park vehicles of participating fishermen, to use town beaches on June 7, 2012 through June 9, 2013 day and night for the purpose of fly fishing, and these vehicles shall be exempt from Southold Town parking fees for those days provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; March 26, 2013 8 Southold Town Board Meeting 2. Participants must display a club card visible in the car; 3. applicant contact Captain Kruszeski of the Southold Police Department with a sample of cards and instructions for proper placement of the cards Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2013-241 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Mover to ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-242 CATEGORY. Refund DEPARTMENT. Planning Board Unused Consultant Fee Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review of MetroPCS at Junge, 21855 CR 48, Cutchogue, SCTM#1000-96-1-19.1, totaling $5,450.00 be refunded to the applicant, MetroPCS New York, LLC. ? Vote Record - Resolution RES-2013-242 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appi Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt - - - - ? No Action March 26, 2013 9 Southold Town Board Meeting 2013-243 CATEGORY.• Attend Seminar DEPARTMENT: Planning Board Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, to attend a seminar on 2013 Complete Streets Summit in East Farmingdale, on April 11, 2013. All expenses for registration and travel to be a legal charge to the 2013 budget (meetings and seminars). Vote Record - Resolution RES-2013-243 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-244 CATEGORY: Budget Modification DEPARTMENT.• Accounting Budget Modification for Goldsmiths Inlet Rock Revetment Financial Impact: Increase appropriation for additional materials and disposal fees for Goldsmiths Inlet Rock Revetment RESOLVED that the Town Board of the Town of Southold hereby modules the 2013 budget for the Goldsmith's Rock Revetment project as follows: Highway Fund From: DB.9710.6.000.000 Serial Bond Principal $10,000 To: DB.9901.9.000.100 Transfers to Capital Fund $10,000 Capital Fund Increase Revenues: H.5031.75 Interfund Transfers $10,000 Increase Appropriations: March 26, 2013 10 Southold Town Board Meeting H.5110.2.500.350 Goldsmiths Rock Revetment $10,000 V Vote Record - Resolution RES-2013-244 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Seconder 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-245 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the 2013 Southold Town Youth Services Agreement with the County of Suffolk and the Family Service League, in the Amount of $9,527. 00, for the Term January 1, 2013 through December 31, 2013 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2013 Southold Town Youth Services Agreement with the County of Suffolk and the Family Service League, in the amount of $9,527.00, for the term January 1, 2013 through December 31, 2013, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2013-245 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Seconder ? ? 0 ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-246 CATEGORY: Budget Modification March 26, 2013 11 Southold Town Board Meeting DEPARTMENT. Assessors 2013 Budget Modification - Assessors Financial Impact: This budget modification is necessary to purchase headsets as recommended by Roger Cuva from NYMWCA. RESOLVED that the Town Board of the Town of Southold hereby modifies the Board of Assessors 2013 budget in the General Fund Whole Town as follows: From: A1355.4.500.200 Appraisals $1300 To: A1355.2.200.500 Office Equipment $1300 -1 Vote Record - Resolution RES-2013-246 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? 0 ? Withdrawn William Ruland Mover 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Apia Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-247 CATEGORY.• Authorize to Bid DEPARTMENT: Town Clerk Re-Advertise for Lubricant Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for bids for supplying Lubricants for a period from March 1 2013 to Februat-V 28, 2014. V Vote Record - Resolution RES-2013-247 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? 11 ? Defeated ? Tabled William Ruland Voter 0 ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? 0 ? Supervisor's Appi Christopher Talbot Seconder 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Mover 0 ? ? ? ? Rescinded Scott Russell Voter 21 ? ? ? March 26, 2013 12 Southold Town Board Meeting ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-248 CATEGORY.• Employment - Town DEPARTMENT. Accounting Accepts Resignation of Anne Bialeski RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Anne Bialeski from the position of Tax Cashier in the Tax Receiver's Office, effective February 26, 2013. ? Vote Record - Resolution RES-2013-248 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter El ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Seconder 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover El ? ? ? ? Rescinded Louisa P. Evans Voter El ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-249 CATEGORY.' Refund DEPARTMENT.- Planning Board Return Fee Resolved, that the Town Board of the Town of Southold hereby refunds the site plan application fee of $500 received by the Planning Board on October 31, 2012 to the applicant, Southold Fish Market. The application was returned to the applicant by the Planning Board. ? Vote Record - Resolution RES-2013-249 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Mover Rl ? ? ? ? Defeated William Roland Voter 0 ? ? ? ? Tabled Jill Doherty Voter 0 ? ? ? ? Withdrawn Christopher Talbot Voter 2 ? ? ? March 26, 2013 13 Southold Town Board Meeting ? Supervisor's Appt Louisa P. Evans Seconder D ? ? ? ? Tax Receiver's Apid Scott Russell Voter ? ? ? ? Rescinded ? Town Clerk's Apia ? Supt Hgwys Appt ? No Action 2013-250 CATEGORY.• Attend Seminar DE'PARTMENT.• Assessors BOAR Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jonathan Wiggins, Phyllis Atkinson, Cara Wells, Gerard Schultheis, Nicholas Planamento, (members of Southold Town Board of Assessment Review), to attend training at the Riverhead County Center on May 1, 2013. The expense for travel to be reimbursed from the Assessors 2013 budget. ? Vote Record - Resolution RES-2013-250 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-251 CATEGORY. Employment - FIFD DEPARTMENT: Accounting Appoint Scott Fenton PT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted March 18, 2013 that appointed Scott Fenton to the position of part time deckhand. March 26, 2013 14 Southold Town Board Meeting V Vote Record - Resolution RES-2013-251 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Mover 0 ? ? ? ? Supervisor's Appl Jill Doherty Voter 0 ? ? ? ? Tax Receivers Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appl ? No Action 2013-252 CATEGORY: Employment - FIFD DEPARTMENT.• Accounting Accept Resignation Logal Glidewell FT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted March 18, 2013 that acknowledges the resignation of Logan Glidewell from the position of FT Deckhand. V Vote Record - Resolution RES-2013-252 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder El ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-253 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Accept Resignation Angela Moore PT Deckhand March 26, 2013 15 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted March 18, 2013 that acknowledges the resi nation of Angela Moore from the position of PT Deckhand. ? Vote Record - Resolution RES-2013-253 121 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appl Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-254 CATEGORY. Employment - FIFD DEPARTMENT.- Accounting Appoint Robert Craft Part Time Captain RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted March 18, 2013 that appoints Robert Craft to the position of Part Time Captain, in addition to his Part Time Deckhand position. ? Vote Record - Resolution RES-2013-254 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Roland Seconder [a ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tae Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter El ? ? ? ? Supt Hgwys Appt ? No Action 2013-255 CATEGORY. Attend Seminar DEPARTMLNT.• Town Clerk March 26, 2013 16 Southold Town Board Meeting 2013 New York StateTown Clerk Associatton Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville to attend the 2013 Annual Conference of the New York State Town Clerks Association, in Buffalo, New York, on April 27ththrough May 1st, 2013. All expenses for registration, travel to be a legal charge to the 2013 budget (meetings and seminars A. 1410.4.600.200 & 300). I Vote Record - Resolution RES-2013-255 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Apia Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt - ? No Action 2013-256 CATEGORY: Affordable Housing DEPARTMENT.• Town Attorney 72-H Orient Parcel as Affordable Housing Unit WHEREAS, Suffolk County has, pursuant to Section 72-H of the General Municipal Law, offered the Town of Southold a property in the hamlet of Orient that could possibly be developed as an affordable housing unit; and WHEREAS, the Town Board has previously expressed an interest in obtaining title to the property by way of Resolution 2013-228 adopted on March 12, 2013; and WHEREAS, the Suffolk County Department of Affordable Housing has requested confirmation from the Town Board of its intent to accept title to the property and to pursue its development as an affordable housing unit; and WHEREAS, Habitat for Humanity of Suffolk has been identified by the Town Board as a prospective developer of the property based on their experience working with Suffolk County in the design and development of affordable housing units through the 72-H Program; now, therefore, be it RESOLVED that the Town Board intends to accept title to the property known as SCTM March 26, 2013 17 Southold Town Board Meeting #1000-015.00-02.00-014.000, located at 550 Greenway, Orient, if conveyed by Suffolk County and hereby authorizes Supervisor Scott A. Russell to enter into an Agreement with Habitat for Humanity of Suffolk to develop a preliminary concept plan for the development of the site for one affordable housing unit that will include a title search, environmental analysis, design, and implementation plan, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2013-256 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? 0 ? ? Withdrawn William Ruland Mover 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-257 CATEGORY.• Employment - Town DEPARTMENT: Accounting Appoint Mark Tweedie Program Aide I RESOLVED that the Town Board of the Town of Southold hereby appoints Mark Tweedie to the position of a Program Aide I for the Landmark Preservation Commissison, effective April 1, 2013 through July 1, 2013 at a rate of $12.98 per hour. V Vote Record - Resolution RES-2013-257 0 Adopted ? Adopted as Amended ? Defeated Ves/Ayc No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-258 March 26, 2013 18 Southold Town Board Meeting CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2012 Budget Modificaiton - FIFD Financial Impact: Management in consultation with the Town of Southold's Comptroller presented the 2012 Budget line item modifications as there have been lines in excess the originally budgeted. It is expected that these adjustments will bring the Ferry District into alignment. A copy of the effected line items will be attached to the minutes. RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated March 18, 2013, as follows: RESOLVED that the Commissioners of the Fishers Island Ferry District hereby amend the 2012 Fishers Island Ferry District budget as follows: Decrease Appropriations Total: $ 40,750 Increase Revenues Total: $ 86,110 Increase Appropriations Total: $126,860 Vote Record - Resolution RES-2013-255 m Adopted ? Adopted as Amended ? Defeated Yes/Aye No /Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 121 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receivers Appt Christopher Talbot Mover El ? ? ? ? Rescinded Louisa P. Evans Seconder Rl ? ? ? ? Town Clerk's Appt Scott Russell Voter Rl ? ? ? ? Supt Hgwys Appt ? No Action 2013-259 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar Financial Impact: Ms. Sabatino won the 2013 Arthur Kunz Memorial Scholarship from the American Planning Association (APA) Long Island Section awarded to new planners to assist with the costs of attending the 2013 National Conference. The scholarship will cover 65% of the costs to attend the conference including registration, air travel and part of the lodging. March 26, 2013 19 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Alyxandra Sabatino, Planner, to attend the American Planning Association National Planning Conference in Chicago, IL from April 13-17, 2013. Certain expenses for lodging and meals to be a legal charge to the 2013 budget (meetings and seminars). V Vote Record - Resolution RES-2013-259 * Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover El ? ? ? ? Withdrawn William Roland Voter El ? ? ? ? Supervisor's Appt Jill Doherty Seconder El ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter a ? ? ? ? Rescinded Louisa P. Evans Voter Rl ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-260 CATEGORY. Affordable Housing DEPARTMENT.• Town Attorney Prepossession Agreement for 720 Cottage Way, Mattituck RESOLVED the Town Board of the Town of Southold hereby extends the approval of the short- term prepossession agreement between the buyer and seller of the property located at 720 Cottage Way, Mattituck, pending the scheduled closing within the next 30 days. V Vote Record - Resolution RES-2013-260 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter p ? ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? "fax Receiver's Appt Christopher Talbot Voter 21 ? ? ? ? Rescinded Louisa P. Evans Voter Id ? ? ? ? Town Clerk's Appt Scott Russell Voter El ? ? ? ? Supt Hgwys Appi ? No Action 2013-261 CATEGORY. Attend Seminar March 26, 2013 20 Southold Town Board Meeting DEPARTMENT.- Human Resource Center Approval for Jacqueline Martinez, Senior Center Mgr to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jacqueline Martinez, Senior Citizens Center Manager, to attend a training on Effective Management Techniques that Result in Positive Performance in Hauppauge, N.Y. on Tuesday April 9, 2013 from 8:30am to 4pm. All expenses for registration and travel to be a legal charge to the 2013 General Fund Whole Town budget Programs for the Aging seminars and training. ? Vote Record - Resolution RES-2013-261 * Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Mover 0 ? ? ? ? Supervisors Appt Jill Doherty Voter ® ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter El ? ? ? ? Rescinded Louisa P. Evans Seconder m ? ? ? ? Town Clerk's Appt Scott Russell Voter m ? ? ? ? Supt Hgwys Appt ? No Action 2013-262 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT. Town Clerk Rates FIFD Resolution Accepting the Resignation of Commissioner Robert R. Brooks H RESOLVED the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated March 18, 2013 accepting the resignation of Robert R. Brooks II as a Commissioner of the Fishers Island Ferry District. ? Vote Record - Resolution RES-2013-262 Rl Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter D ? ? p ? Tabled William Roland Voter ? ? ? ? Withdrawn ? Supervisor's Appl Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder ID ? ? ? ? Rescinded Louisa P. Evans Mover o ? ? ? ? Town Clerk's Appt Scott Russell Voter El ? ? ? ? Sept Hgwys Appt ? No Action March 26, 2013 21 Southold Town Board Meeting 2013-263 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT. Town Attorney Worksite MOU W/NYS DOL RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Worksite Memorandum of Understanding between the Town of Southold and the Suffolk County Department of Labor, Licensing & Consumer Affairs in connection with the Work Experience Programs of the Suffolk Works Employment Program and the Youth Program funded by the Workforce Investment Act for eligible Suffolk County residents, for a term commencing on July 1, 2013 through June 30, 2017, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-263 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nsy Abstain Absent ? Tabled James Dinizio Jr Voter Rl ? ? ? ? Withdrawn William Roland Voter El ? ? ? ? Supervisor's Appt Jill Doherty Voter 21 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover [a ? ? ? ? Rescinded Louisa P. Evans Seconder E1 ? ? ? ? Town Clerk's App[ Scott Russell Voter ® ? ? ? ? Supt Hgwys Appt ? No Action 2013-264 CATEGORY: Employment - FIFD DEPARTMENT.• Accounting Appoint Shawn Weston PT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted March 18, 2013 that appointed Shawn Weston to the position of art time deckhand. ? Vote Record - Resolution RES-2013-264 El Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Mover 21 ? ? ? ? Tabled William Ruland Voter 21 ? ? ? March 26, 2013 22 Southold Town Board Meeting ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Aptu Christopher Talbot Voter 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Seconder 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-265 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk ALS Power Wheelchair Awareness Ride on May 6, 2013 Financial Impact: Police Department cost for the event = $234.28 RESOLVED the Town Board of the Town of Southold hereby grants permission for the Ride for Life, Inc. to hold the ALS Power Wheelchair Awareness Ride on May 6, 2013 from 8:00 AM to Noon, beginning at Southold Elementary School, proceeding north on Oaklawn Avenue to Route 25, west on Route 25 to Triangle Park; from there participants will be transported to Elijahs Lane, Mattituck and proceed west on Route 25 to Laurel Lake Park. Provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured 2. Contact Capt. Kruszeski upon receipt of the approval of this resolution to coordinate traffic control. 3. No permanent markings be placed on town, county or state roads or property for the event 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event 5. No objects of any kind shall be thrown to event spectators All fees shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2013-265 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated - William Roland Seconder 0 ? ? ? ? Tabled - ? Withdrawn JillDoherty Mover 0 ? ? ? ? Supervisor's Appt Christopher Talbot Voter 0 ? ? ? ? Tax Receiver's App[ Louisa P. Evans Voter 0 ? ? 1-1 ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt March 26, 2013 23 Southold Town Board Meeting ? Supt Hgwys Appt ? No Action 2013-266 CATEGORY. Contracts, Lease & Agreements DEPARTMENT., Town Attorney Agreement W/SC Office for Aging - CSE Residential Repair Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Elderly Residential Repair Program for the period April 1, 2013 through March 31, 2014, at no cost to the Town, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-266 El Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter Rl ? ? ? ? Withdrawn William Ruland Mover 0 ? ? - ? ? Supervisor's Appt Jill Doherty Voter 21 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder [a ? ? ? ? Rescinded Louisa P. Evans Voter El ? ? ? ? Town Clerk's Appt Scott Russell Voter [a ? ? ? ? Supt Hgwys Appt ? No Action 2013-267 CATEGORY. Sanitary Flow Credits DEPARTMENT.• Town Attorney Amend Resolution 2012-382/.SFC Application for 13200 Main Road Corp. RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2012-382 dated April 24, 2012 to read as follows: WHEREAS, the Town of Southold has established a Transfer of Development Rights Program whereby sanitary flow credits can be transferred into a TDR Bank from open space lands purchased by the Town of Southold; and March 26, 2013 24 Southold Town Board Meeting WHEREAS, the TDR Bank currently has 16.14 credits on deposit from lands purchased by the Town of Southold that are located within the Mattituck-Cutchogue School District; and WHEREAS, an Application for Transfer of Sanitary Flow Credits was filed by 13200 Main Road Corp. on January 18, 2012 seeking transfer of 2 credits to the property known as SCTM #1000-114-11-9 located on Route 25 in Mattituck, in the Mattituck-Cutchogue School District; and WHEREAS, on April 24, 2012, the Town Board granted 13200 Main Road Corp.'s application for the transfer of sanitary flow credits; and WHEREAS, the Applicant requested that the Town Board consider a minor amendment to the application based upon the Suffolk County Department of Health Services' determination that only .62 sanitary flow credits could be utilized on this parcel, which would yield one affordable unit, one market value unit and an office; and WHEREAS, the applicant seeks to utilize the oredits a portion of a credit on land designated as Hamlet Business (HB) to create an affordable hemes unit that will remain affordable in perpetuity, pursuant to Town Code Section 117-9; and WHEREAS, the applicant seeks to utilize the credits on land within a designated receiving area; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the action on April 24, 2012 at which time all persons were given the opportunity to be heard; and WHEREAS, the Town Board conducted a coordinated SEQRA review of the action, and issued a Negative Declaration on March 27, 2012. WHEREAS, the applicant modified its Application and now seeks the transfer of a .62 portion of a credit to create the development of a single affordable unit on the aforementioned property; and NOW, THEREFORE, BE IT RESOLVED that the Town Board has evaluated the effects of the proposed transfer and finds that the District contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and further finds that there will be no significant environmentally damaging consequences and that such development is compatible with the comprehensive planning efforts of the Town, and the Town Board incorporated the report of the Planning Board dated March 6, 2012 regarding the same; and it is further RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2012- 382 to transfers two (2) .62 sanitary flow credits from the Town's TDR Bank to 13200 Main March 26, 2013 25 Southold Town Board Meeting Road Corp. for its proposed development of a single affordable unit in a multiple dwelling unit for the proposed development at SCTM #1000-114-11-9; and it is further RESOLVED that upon issuance of the Sanitary Flow Credit Certificate, the Town Clerk shall enter this deduction of Ewe (2) a .62 sanitary flow credits from the Sanitary Flow Credit Log; and it is further RESOLVED that the applicant shall receive a Sanitary Flow Credit Certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until (i) the covenants and restrictions required by Town Code Section 117-9 have been filed and such filing has been approved by the Town Attorney, (ii) the applicant provides confirmation of the number of sanitary flow credits required by Suffolk County Department of Health Services, (iii) the applicant provide the Town Clerk with a Suffolk County Department of Health Services approval, and (iv) the applicant pays the per credit sale price established by the Town Board to the Town Clerk; and be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town's database and GIS system. V Vote Record - Resolution RES-2013-267 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 121 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receivers Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's App( Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-268 CATEGORY. Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the ACH Services Addendum Between the Town of Southold and WorldPay US, Inc. in Connection with On-Line Payments Via Credit Cards for Real Property Taxes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the ACH Services Addendum between the Town of Southold and WorldPay US, Inc. in connection with on-line payments via credit cards for real property taxes, at no cost to the Town, subject to the approval of the Town Attorney. March 26, 2013 26 Southold Town Board Meeting ? Vote Record - Resolution RES-2013-268 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter El ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-269 CATEGORY.' Bid Acceptance DEPARTMENT. Solid Waste Management District Accept Materials Hauling Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Trinity Transportation Corp. to supply the town with services for hauling construction and demolition debris and commingled recyclables from the Cutchogue Transfer Station, each in the amount of $ 425.00 per truckload, all in accordance with the Materials Hauling Bid Specifications and the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-269 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-270 CATEGORY. Bid Acceptance DEPARTMENT. Solid Waste Management District March 26, 2013 27 Southold Town Board Meeting Accept Recycling Hauling/Marketing Proposal RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Crown Sanitation opened on March 14 in response to the Town's Request For Proposals to supply the town with hauling and marketing services for recycled mixed paper and cardboard collected at the Cutcho ue Transfer Station, all in accordance with the Town Attorney. V Vote Record - Resolution RES-2013-270 0 Adopted ? Adopted as Amended ? Defeated YWAye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appi Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-271 CATEGORY: Close/Use Town Roads DEPARTMENT.• Town Clerk For Our Moms 5K Financial Impact Police Cost: $333.38 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Leukemia and Lymphoma Society to hold a "For Our Moms" 5K race on May 11, 2013 starting at 8:30 a.m., using New Suffolk Road, Grathwohl Road, Fanning Road, King Street, 4th Street, and Orchard Street, providing they closely adhere to the following 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. Make every effort to control noise; 3. Comply with Chapter 205 of the Southold Town Code to notify neighbors in advance of event; 4. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 5. No objects of any kind shall be thrown to event spectators 6. No permanent markings be placed on town, county or state roads or property for the event; 7. 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. March 26, 2013 28 Southold Town Board Meeting Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event shall be waived. ? Vote Record - Resolution RES-2013-271 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Mover 0 ? ? ? ? Supervisor's Appt Jill Doherty Seconder 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded - Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-272 CATEGORY..- Attend Seminar DEPARTMENT.- Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Electrical Inspector Roger Richert to attend a seminar on One and Two Family Dwellings in Copiague, New York, on March 23, 2013. All expenses for registration and travel to be a legal charge to the 2013 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2013-272 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisors Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-273 CATEGORY. Attend Seminar DE'PART'MENT Building Department March 26, 2013 29 Southold Town Board Meeting Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Electrical Inspector Roger Richert to attend a seminar on Generators in Copiague, New York, on April 6, 2013. All expenses for registration and travel to be a legal charge to the 2013 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2013-273 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's APpt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-274 CATEGORY.' Employment - Town DEPARTMENT: Accounting Accepts Resignation of Laura Klahre RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Laura E. Klahre from the position of Part Time Land Management Specialist II in the Land Preservation Department, effective April 1, 2013. ? Vote Record - Resolution RES-2013-274 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Arta Jill Doherty Voter 0 ? ? ? ? Tax Receiver's App[ Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Apin - ? No Action March 26, 2013 30 Southold Town Board Meeting Comments regarding resolution 274 COUNCILMAN TALBOT: I would like to comment on that, I am sorry to see Laura go. I think she did a very good job for the town, she was very involved with every project she was, and she saw it through to the end, every project. So I am sorry to see Laura leaving. 2013-275 CATEGORY.• Close/Use Town Roads DEPARTMENT.• Town Clerk Southold Little League Parade Financial Impact: Police Department cost for the event $244.28 RESOLVED the Town Board of the Town of Southold hereby grants road closure to the Southold Little League for its Opening Day Parade in Peconic on Saturday, April 20, 2013 line up beginning at 11:30 AM at the Recreation Center parking lot, stepping off at 12:00 and marching along Peconic Lane and Carroll Avenue to the ball fields. Provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured 2. Contact Capt. Kruszeski upon receipt of the approval of this resolution to coordinate traffic control. 3. No permanent markings be placed on town, county or state roads or property for the event 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event 5. No objects of any kind shall be thrown to event spectators All fees shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. -1 Vote Record - Resolution RES-2013-275 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 1 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter El ? ? ? ? Supt Hgwys Appt ? No Action March 26, 2013 31 Southold Town Board Meeting 2013-276 CATEGORY.• Local Law Public Hearing DEPARTMENT: Town Attorney Set Public Hearing for May 7, 2013 at 7:32 PMfor a Local Law in Relation to the Marine (II) District and Plum Island Zoning WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 261, day of March, 2013, a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" now, therefore, be it2 RESOLVED 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 7th day of May, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled "A Local Law in relation to the Marine (11) District and Plum Island Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of this local law is to create and establish zoning districts on Plum Island and to clarify permitted uses in the Marine II District to accommodate necessary access to the Island. The Plum Island Research District is intended to encourage the use of the island for research and educational opportunities and provide quality employment opportunities, and to preserve Plum Island's regionally significant natural historic and scenic resources. The purpose of the Plum Island Conservation District is intended to preserve the integrity of the regionally significant natural historic and scenic resources of Plum Island. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. IMPERVIOUS SURFACE - Impervious surfaces include all areas where the ground is covered by a surface that interrupts or prevents rain from falling directly to the ground and percolating into the groundwater, including but not limited to: roads, driveways, parking lots, other pavement, buildings, and concrete pads. FERRY SERVICE - Passenger or auto/vehicle ferry using a single dock. If more than one dock is present, it shall constitute a separate and individual ferry service. March 26, 2013 32 Southold Town Board Meeting ARTICLE XIII Marine 11 (MII) District §280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board. (2) Ferry terminals which meet the following standards: (a) A ferry terminal shall have at least ten acres of buildable land in the MII Zone dedicated to each ferry service provided. (b) A ferry terminal shall have a staging area for motor vehicles that enter an auto/vehicle ferry. The size of the staging area must accommodate the maximum number of cars queuing for the largest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not require a staging area). (c) A ferry terminal shall have a parking area for passengers (provide one parking space per two passengers), calculated in the following manner: G) Parking for passenger ferry(s) will be calculated by multiplying the capacity of the passenger fern(s) by the maximum number of ferry trips per day, divided by two. (ii) Parking for auto/vehicle ferry(s) will be calculated by multiplying the passenger capacity of the auto/vehicle fern(s) by 10%, the product of which shall be multiplied by the maximum number of ferry trips per day, then divided by two. Article XXXI Plum Island Research District (PIR) $280-182. Purpose. The pumose of the Plum Island Research District is to encourage the use of land for research and educational opportunities, provide quality employment opportunities and to preserve Plum Island's regionally significant natural, historic, scenic and cultural resources. &280-183. Use regulations. In the PIR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Research laboratories with multiple buildings allowed in a campus-style development, subject to the following conditions: (a) The use shall not involve the handling, storage or discharge of explosives. March 26, 2013 33 Southold Town Board Meeting (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) All sewage will be treated by a sewage treatment plant or similar sewage treatment. (2) Educational facilities, with multiple buildings allowed in a campus-style development. All sewage will be treated by a sewage treatment plant or similar sewage treatment. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses. (2) Museums housed in a designated historic landmark. All sewage will be treated by a sewage treatment plant or similar. C. Accessory uses. The following uses are permitted as accessory uses: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter; (2) Sleeping quarters, apartments or dormitories providing accommodations solely for personnel associated with permitted or special exception uses set forth in §280-182(A) and $280-182(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in §280-182(A) and &280-182(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in &280-182(A) and 5280-182(B), limited to roads, sewer system, water storage and water pipelines and utility lines; (5) The existing harbor and ferry facility for transportation by boat to and from the Island. $280-184. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 175 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land, except that solar energy installations may exceed March 26, 2013 34 Southold Town Board Meeting this limit up to a total of 50% lot coverage. >280-185. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. Article XXXII Plum Island Conservation District (PIC) &280-186. Purpose. The purpose of the Plum Island Conservation District is to preserve the integrity of the regionally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. 4280-187. Use regulations. In the Plum Island Conservation District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and are subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park for passive recreation (3) Educational facility related to the study of natural resources conservation. All sewage will be treated by a sewage treatment plant or similar sewage treatment. (4) Museums, housed in existing designated historic landmark. All sewage will be treated by a sewage treatment plant or similar sewage treatment. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (1) Solar energy generation in excess of that needed to provide power to permitted uses, subject to the following conditions: C. Accessory uses. The following uses are permitted as accessory uses: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter; (2) Sleeping quarters, apartments or dormitories providing accommodations solely for personnel associated with the permitted or special exception uses set forth in 1280-186(A) and §280-186(B). D. Additional Standards: All uses in this District shall be subject to the following: Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking native fauna or where vegetation must be disturbed in conjunction with a permitted use, an application may be made to the Planning Board for an approval to remove vegetation. The application shall include: 1. a plan indicating the types of vegetation present, the vegetation to be removed and a March 26, 2013 35 Southold Town Board Meeting reve etg ation plan (if any), using plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native plants: 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 days of receipt of a complete application stating the reason therefor and advising the applicant of the right to appeal; an d 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Any person whose application to remove vegetation is denied, may appeal within 30 days of a denial. 4280-188. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in $S~ 280-78 and 280-79. Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix) Minimum Lot Size: 600 acres Uses: Multiple uses and buildings are allowed on a single parcel, the number of which are limited only by lot coverage Lot Coverage: 2% of buildable land, except that solar energy installations may exceed this limit up to a total of 20% lot coverage. Impervious surface: 5% of buildable land, except that solar energy installations may exceed this limit up to a total of 20% impervious surface. &280-189. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. 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. March 26, 2013 36 Southold Town Board Meeting turn Iantl aons ation ©istriet IPIc PI f Town of Southold Plum Island Proposed Zon Q zoning Boundaries Map Prepared by Town of Southold GI March 26, 2013 Aerial Photographs Taken From Sprin °,cae 5 310 eq c s UDO raft SL.:sx rVV ty rwm Pnaceny Tax SRNn Agenry GIC 3aemap COPYRIGHT M13, CnaM.NV SNttf V Vote Record - Resolution RES-2013-276 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Mover 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 13 ? ? ? ? Rescinded Louisa P. Evans Voter ld ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action March 26, 2013 37 Southold Town Board Meeting 2013-277 CATEGORY. Legislation DEPARTMENT.• Town Attorney Transmit Proposed LL to STPlanning & SC Planning RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ? Vote Record - Resolution RES-2013-277 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Apia Christopher Talbot Seconder 21 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter Rl ? ? ? ? Supt Hgwys Appt ? No Action 2013-278 CATEGORY. Advertise DEPARTMENT: Town Clerk Advertise for Beach Personnel RESOLVED the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for weekday beach manager, weekend beach manager, beach attendants, lifeguards, and water safety instructors for the 2013 summer season. ? Vote Record - Resolution RES-2013-278 0 Adopted Yes/Aye No/Nay Abstain -Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William Ruland Voter 0 ? ? ? ? Tabled ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's App[ Christopher Talbot Mover 0 ? ? El ? Tax Receiver's Appi Louisa P. Evans Seconder 0 ? ? ? 70 Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appi March 26, 2013 38 Southold Town Board Meeting ? Supt Hgwys Appt ? No Action 2013-279 CATEGORY' Public Service DEPARTMENT: Town Clerk Waive Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby waives building permit fees for any repairs or construction, that in the sole discretion of the Building Inspector, are determined to be related to Su erstorm Sandy, until May 1, 2013. ? Vote Record - Resolution RES-2013-279 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover El ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 2 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-280 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive Trustees' Fees RESOLVED that the Town Board of the Town of Southold hereby waives Trustees' permit fees for any repairs or construction, that in the sole discretion of the Board of Trustees, are determined to be related to Superstorm Sandy, until May 1, 2013. ? Vote Record - Resolution RES-2013-280 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter El ? ? ? ? Defeated William Roland Seconder 0 ? ? ? ? Tabled Jill Doherty Mover 2 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Voter 2 ? ? ? March 26, 2013 39 Southold Town Board Meeting ? Tax Receiver's Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-281 CATEGORY.- Public Service DEPARTMENT: Town Clerk Waive Certain Tip Fees RESOLVED that the Town Board of the Town of Southold hereby waives tipping fees for disposal of storm related household and construction/demolition debris only, that in the sole discretion of the Solid Waste Coordinator, are determined to be related to Superstorm Sandy, until May 1, 2013. No fees for yard waste will be waived. V Vote Record - Resolution RE3-2013-281 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter [ ? ? ? ? Withdrawn William Ruland Mover [a ? ? ? ? Supervisor's Appt Jill Doherty Seconder 21 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter [a ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter Rl ? ? ? ? Supt Hgwys Appt ? No Action Comments regarding resolution 281 COUNCILWOMAN DOHERTY: Can I just make a mention, the last line there said that yard waste won't be but on April 1 we start our free, normal spring clean up, which will be free. 2013-282 CATEGOR K• Employment - Town DEPARTMENT: Town Clerk Approve ZBA Training Proposalfor 2012 RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the Southold Town Zoning Board of Appeals' training proposal entitled "ZBA 2013 Training" as March 26, 2013 40 Southold Town Board Meeting sufficient to satisfy the training requirements for Zoning Board of Appeals' officials pursuant to Town Law Section 271(7)(a-d). ? Vote Record - Resolution RES-2013-282 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-284 CATEGORY: Budget Modification DEPARTMENT.• Public Works Improvements to Tasker Park - Budget Mod. Financial Impact: Transfer funds from Park & Playground Fund to Improvements to Tasker Park RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town Budget as follows: TO REVENUES: A.2025.00 Special Recreation Facility Park & Recreation $15,000 APPROPRIATIONS: A.1620.2.500.850 Tasker Park Improvements Well Improvements $15,000 ? Vote Record - Resolution RES-2013-284 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William Roland Seconder 0 ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Mover 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt March 26, 2013 41 Southold Town Board Meeting ? No Action 2013-283 CATEGORY. Enact Local Law DEPARTMENT.• Town Clerk Enact Local Law Re: Dogs WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, 12th day of February, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using Town recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas and athletic fields. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog in the Town of Southold to permit or allow such dog to: A. Run at large elsewhere than upon the premises of the owner or custodian unless March 26, 2013 42 Southold Town Board Meeting said dog shall be on a leash ied by ° person at least 12 y ° of age, having ade....°t° eentrel of such dog, or unless it be upon the premises of another person with the knowledge and consent of such person. Wiese a This prohibition article; shall not apply to a dog or dogs hunting in the company with of a hunter or hunters upon any premises where hunting is permissible. shall be cider-ea a iea by their- ovmer° III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: §193-3.1. Regulations concerning does or domestic animals. A. Prohibition. No person shall bring a dog or other domestic animal onto: 1. recreation areas, picnic areas, children's play areas and/or athletic fields that are posted with signage indicating "No Dogs or Domestic Animals Allowed" or "Dogs or Domestic Animals Prohibited"; 2. beaches during such times that a lifeguard is on duty; 3. an area that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species. B. Dogs or other domestic animals are permitted on all other recreational areas unless specifically prohibited in ~ 193-3.1(A), if leashed and under immediate supervision and control of the owner or other responsible person. For the purposes of this article, the requirement of a leash shall not apply to a dog or dogs hunting in the company of a hunter or hunters on recreational areas where hunting is permissible C. All dog or domestic animal waste shall be removed in accordance with $83- 18(B). D. The Superintendent may, in his or her discretion, deem additional recreational areas subject to prohibition for § 193-3.1(A) as circumstances warrant. §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. R. Bring adog o other'lomesti.. Fi mal into reerealienal areas ather than B. automobile parking coneourses and walls : medintel• adjaG°nt theret.. Nothing hefein shall be n nst. ued n permitting the funning of dogs at lafge All dn- these areas where s ,ah Fi orals n ..mitted shall he mst«a:ne.l Fit Fill times o adequate leashes fiat greater than f ur feet in length G.B Build or attempt to build a fire except in such areas and under such regulations as March 26, 2013 43 Southold Town Board Meeting may be designated by the Superintendent. D.C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. E.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. RE Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2013-283 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr ? ? ? ? ? Tabled ? Withdrawn William Roland ? ? ? ? ? Supervisor's Appt Jill Doherty ? ? ? ? ? Tax Receiver's Appt Christopher Talbot ? ? ? ? ? Rescinded ? Town Clerk's Appt Louisa P. Evans ? ? ? ? ? Supt Hgwys Appt Scott Russell ? ? ? ? 21 No Action VL 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 5:00 PM in order to hold a public hearing. March 26, 2013 44 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell PH 3/26/13 @ 4:32 PM LL/Dogs on Beaches RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman 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, 12th day of February, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of March, 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 Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using Tow recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas and athletic fields. 11. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog in the Town of Southold to permit or allow such dog to: March 26, 2013 45 Southold Town Board Meeting A. Run at large elsewhere than upon the premises of the owner or custodian unless said dog shall be on a leash ied by ° person at least 12 y ° °F°°° having adequate aentFol of sueh dog or unless it be upon the premises of another person with the knowledge and consent of such person. For the pufpE)se af This prohibition artiele, shall not apply to a dog or dogs hunting in the company with of a hunter or hunters upon any premises where hunting is permissible. she hider-e d a ed by their n III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: 4193-3.1. Regulations concerning dogs or domestic animals. A. Prohibition. No person shall bring a dog or other domestic animal onto: 1. recreation areas, picnic areas, children's play areas and/or athletic fields that are posted with signage indicating "No Dogs or Domestic Animals Allowed" or "Dogs or Domestic Animals Prohibited"; 2. beaches during such times that a lifeguard is on duty; 3. an area that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species. B. Dogs or other domestic animals are permitted on all other recreational areas unless specifically prohibited in S 193-3.1(A), if leashed and under immediate supervision and control of the owner or other responsible person. For the pWoses of this article, the requirement of a leash shall not apply to a dog or dogs hunting in the company of a hunter or hunters on recreational areas where hunting is permissible C. All dog or domestic animal waste shall be removed in accordance with 03- 18(B). D. The Superintendent may, in his or her discretion, deem additional recreational areas subject to prohibition for &193-3.1(A) as circumstances warrant. §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. B Bring a dog n other dafnestie a mal into r e.,tienal -afeas Arher than D atAam°hil° park and . alks : mediately adja°ent theret.. Noth.nrt hefei" shall ben nstmed n ffnitting the rdnning of do gs at large All .1....a :n these areas •,.here s •eh a mals n permitted shall he restrained at all times adequate leashes not greater than F nr feet in length March 26, 2013 46 Southold Town Board Meeting 6.B Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. D.C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. B.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. RE Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the Town Clerk's bulletin board on February 19, 2013. It was first published in the Suffolk Times on February 28, 2013 and again on March 14, 2013. I have a notice from Donald Wilcenski, chairman of the Planning Board "Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments and supports the adoption of this legislation." A letter from Suffolk County, "Pursuant to the requirements of section A 14- 14 to 14-25 of the Suffolk County Administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant county wide or inter-community impacts. A decision of local determination shall not be construed as either an approval or a disapproval." We have got about maybe close to a dozen different letters of support, being for and or against the hearing. That is it. Supervisor Russell SUPERVISOR RUSSELL: Yes, what I am just going to say, you will notice from the agenda that this is scheduled to be tabled this evening. I want to tell you that the Board discussed this issue today. I don't believe that the Board will be acting to pass this legislation in its current form but I do want everybody to be heard. People that support the legislation, people that oppose it because the town does need to do something and we need to pass something soon. I want to remind everybody that the current code, passed February 10, 1981 which happened to be about 12 days before my 17th birthday, actually does not allow dogs on beaches or recreational March 26, 2013 47 Southold Town Board Meeting areas whether they are on a leash or not. They are not allowed to be there. We do have a growing issue in Southold Town. There are some myths that are out there, that a man came to the Town Board and we somehow rushed pell melt to pass legislation to placate him. This is a widespread issue that we are trying to develop a fair balance to. We are trying to listen to all sides. But it is a problem throughout the entire community. We have many well used beaches and there are these growing conflicts and we need to come up with something that is going to be fair to all sides. With that being said, the first person that would like to comment on this, please feel free to step forward. Also, please state your name and your hamlet. Brian Keller, Salt Aire Estates, Mattituck BRIAN KELLER: Good afternoon, my name is Brian Keller. I reside in Saltaire Estates in Mattituck and I have owned a house there for a little over 35 years. I am located about 500 feet from the Long Island Sound and I am in walking distance of Bailie Beach. I am not a dog hater. I am not a dog lover. I am a dog owner. I understand the concerns of the people that are proposing changes to the town code. No one should be in fear of being attacked or threatened by someone else's dog, anywhere in the town. As I have stated, I lived there for 35 years. I have raised my family there, I have been at the beach continuously for that time, with my daughters, my wife and more recently my grandkids. I presently have a 16 month old German shepherd. Last year around this time, I started taking her down to the Sound beaches including Bailie Beach. I go down there during daylight hours between 9 AM and 7 PM, depending on my schedule. I go there 2 to 5 days a week. I have in the last year. Often I will take the dog, we will go down to the Mattituck jetty, we will walk the beach and then from there we will head east. I have gone to the old Beachcomber with the dog, walking and running. It's about 2 %1 miles each way, a total of 5 miles. Well, I have done that, I have done that probably 6 times over the spring and the summer last year. In that 2 '/2 miles or I should say 5 miles, half the time I haven't passed one person on the sound beach. The other half, I have passed one or two people, might be a fisherman, might be a person walking their dog, it might be someone jogging. In any event, I always carry a leash with me, I understand I have a German shepherd, there are fears. As soon as I am in near proximity to anyone, another dog, the dog goes on the leash. It is reasonable. Common sense. Over the past year, I have met numerous people on the beach, many of them dog owners. I have been very impressed by how responsible and considerate they are to the other people that are using the beach that aren't dog owners. It's like I say, it is reasonable, it is common sense. Any time I approach someone whether they have a dog that is loose or not, they leash their dog until such time they realize that it is not going to be a problem. I do the same. If I approach someone on the beach, I just assume they are afraid of dogs. I leash my dog. In my opinion, town code 83-6 is a fair, it is a reasonable law. It addresses both the permitted and the prohibited activities of dogs. It protects the rights of the public, including dog owners. I would just add to the code that, in my opinion, anyone that is in control of their dog and the dog is not on a leash, must be mandated to carry a leash at all times. To me, like I say, that is reasonable. There are times and there are places that dogs should be on leashes. There are times and places where dogs just don't belong there, I understand that and that is addressed by code 193-9. Now, the last meeting, I believe it was the 12`h of February, there was a resolution that was withdrawn and that was resolution 2013-122. I have read that resolution and there was apparently a lot of thought put into that resolution. There was a lot of consideration taken into drafting that resolution. It addressed the concerns of the public as well as other concerned parties. It also at one point in that resolution addresses that the dog will, the person March 26, 2013 48 Southold Town Board Meeting that is in control of that dog, will be in a position to put a leash on that dog. Less than a year ago, there was apparently an incident at or near Bailie Beach. It got a lot of publicity and basically that precipitated the action that is being taken toward the resolution that is now on the table. A complaint was filed in the Southold court and it was my understanding that the court found in favor of the complainant in this case. What that tells me is that code 83-6 did it's job. It has teeth. There may be some minor changes that might, maybe should be made but to change it to the extent that this proposed resolution or town code does, is unreasonable and certainly unfair to dog owners. Thank you very much. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this issue? Peter Terranova, Peconic PETER TERRANOVA: Good afternoon, Peter Terranova from Peconic. In the interests of full disclosure, I am not a dog owner but I have many friends that are. And just in answer to the prior person before, I wish all dog owners were like him. He seems to be very, very responsible in keeping his dog under control at all times and I wish that was the case throughout the town. The amendment before the Town Board addresses the rights of citizens that peacefully enjoy our beaches and recreation areas without the infringement brought on by pets that are not under control of their owners. And I think it addresses it very well. However, it seems to me that the rights of pet owners to peacefully enjoy those same rights are not being addressed by this amendment. And let me explain. If a pet owner, our former speaker, was in compliance, let's say with the leash law and was also in compliance with all of the stipulations, okay, that are contained in the amendment such as picking up after their dog, making sure that their dog is not trespassing on other people's property, why should they be excluded from beaches and recreation areas at any time? It just seems incongruous to me that here we are trying to extend the rights of our citizens and visitors to enjoy our beaches and yet, if a person comes down to the beach with a dog on a leash and there is a lifeguard there, they are prohibited from being there. That doesn't make any sense to me. So I think that perhaps we ought to recognize the rights of our pet owners as well as the rights of our non pet owners. And if the dog is under control and if the Town Board decides in their wisdom, that the only way to do that is with a leash and somebody is in compliance with that, they should be able to bring their pet down to the beach or any other recreation area at any time. That is the extent of my comment. Thank you. SUPERVISOR RUSSELL: Okay, would the next person feel free to come up? Christine Piacente CHRISTINE PIACENTE: Good evening, Christine Piacente, Mill Lane Mattituck. I am a dog owner, I have had dogs all my life, since I was an infant. Again, I am extremely responsible pet owner and what I am asking is a beach like Bailie Beach heading west which in my opinion has not been maintained in any capacity by the town in years, should be designated as a dog beach. There is no life guards there and as Mr. Keller said, there. is rarely any swimmers there or non- dog owners at any given time of the day. I would also like to request that Laurel Lake also be allowed to have dogs walking there off the leash. Again, I am there at least two times a day and there are rarely any people there. Alright. I appreciate your time and your consideration. Thank you. March 26, 2013 49 Southold Town Board Meeting COUNCILWOMAN DOHERTY: I just want to clarify that the area that you are speaking of west of Bailie's Beach is not owned by the town, it is owned by Mattituck Park District, so therefore the town does not have a right to control the dogs on that beach. SUPERVISOR RUSSELL: What we own is about a 50 foot width there, which would be the road dedicated to the town, Bailie Beach out to the mean high water mark. The rest is all Mattituck Park District. Also, so we are all clear, this pertains to beaches and recreational areas. The nature preserves, such as Laurel Lake, are all governed by their own management plans that are created by the Land Preservation Committee and those are done because a lot of that land was purchased with federal money, state money etc., so whatever rules that are enforced there are enforced with the cooperation of other agencies like county, state etc. Who else would like to address the Board? Eugene Doherty, Mill Lane, Mattituck EUGENE DOHERTY: My name is Eugene Doherty and I live on Mill Lane Mattituck. I would like to know how many people have been attacked at the beach by a dog? SUPERVISOR RUSSELL: I don't know, I don't have the stats on that. Let's just settle one myth tonight and that is that this Board rushed pell mell to create legislation because one person stood up at a meeting. Ironically, most of the discussion tonight and at a previous meeting was about Bailie Beach but the town is having problems at New Suffolk beach, is probably far greater in instances of confrontation at New Suffolk than any other beach in town because it is so widely used. What is happening is the public is calling us and demanding that we enforce the code as drafted. In other words, get that guy and his dog off the beach. We find that too restrictive. This was an effort to ease the rules. This was an effort to allow dogs on beaches in certain instances. Again, the other legislation was criticized as being too lenient, this is being criticized as being too stringent. Where that happy medium is going to fall, that is what we are listening for. But this isn't designed to address one instance that was a matter of town board discussion several months ago that happened up in Mattituck. It was meant to try to get the communities to stop calling the police to settle their neighborhood disputes. MR. DOHERTY: Well, I am the person that owned the dog that started all this rolling and it was in the newspaper that this man was attacked and he had undisclosed wounds. I had a Newfoundland dog that wanted to lick him, not bite him. I have no bite marks. I would like him to tell me if he got bite marks. The dog laid down in the sand and he started all this and this is why we are all here. And I am like the first speaker, I go there at 7 every morning, all year round no matter what the weather, with my big dog so he can swim and I hardly meet anybody. Hardly meet anybody. I don't understand what the whole big deal is. Thanks. Dan Catullo, Mattituck DAN CATULLO: He was the attacker, I was the attackee. The dog lying down, wanting to lick me. Now this, you tell me about propaganda. I am Dan Catullo, Mattituck. I am a little bit angry right now. I have photographs.... UNIDENTIFIED: Inaudible comments. March 26, 2013 50 Southold Town Board Meeting MR. CATULLO: What kind of a person would SUPERVISOR RUSSELL: No, no, no. If you would address this Board. Address the Town Board. MR. CATULLO: I am livid. I am livid. SUPERVISOR RUSSELL: I am asking everybody to address the Town Board only. Please and wait your turn. You will get an opportunity to speak. MR. CATULLO: Oh, I am sure he will. For about three hours... SUPERVISOR RUSSELL: Please address the Town Board. MR. CATULLO: I am sorry, I am just a little upset at this diatribe just now. I was attacked by two dogs. One of them was his. I don't know a Newfoundland from anything else. It was the size of a black bear. I have a photograph with me. MR. DOHERTY: I have him in the car if you would like to see him. SUPERVISOR RUSSELL: Okay, I am asking everybody to take their turn and just let one person at a time speak. MR. CATULLO: They attacked me, these two dogs. This one was the larger one but it wasn't the first one to attack. The point is, it was from behind. I was knocked to the ground, I was, my cardiologist has evidence now that I have, I have had two heart attacks, cardiac decompensation from the time before to the time after. Now a lot of people talk about what happens with returning wounded. I was bruised from the knock over, which wasn't from his dog, it was from the first dog but his dog was the most frightening in size. And that is the one that picked up the attack right afterwards. And it wasn't only because there were stones on the beach at that point.... UNIDENTIFIED: Inaudible SUPERVISOR RUSSELL: Please. MR. CATULLO: The fact that... UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Talk to us. MR. CATULLO: I went down there to throw stones at his dog, this is the kind of credibility.... March 26, 2013 51 Southold Town Board Meeting SUPERVISOR RUSSELL: We don't want to, to both of you gentlemen, that was an issue that was before the local court. That issue has been resolved. We are here to talk about a local law that is being proposed. And I want everyone to keep their comments with reference to the local law. I don't want to rehash the past. I just want to talk about this local law, the merits, the lack of merits, thereafter. MR. CATULLO: Alright, Scott. I didn't bring it up at the last meeting in January, had no intention of bringing it up now until this display. In fact, I am going to pass right now because I am a little emotional and I will come back later with some of the comments I was going to make which had nothing to do with what has been happening. SUPERVISOR RUSSELL: Sir. Lewis Topper LEWIS TOPPER: Hi. Thank you very much for the time to speak. My name is Lewis Topper and I live in Mattituck. I moved here from New York City. I moved here for several reasons. The farmland, the open space, the rural life style, dog ownership. And I must say that dogs are an integral part of this community. This town. Much more so than the city where I lived. I think that dog owners, all the ones I met in the five years that we have been living here are extremely responsible. I do like the resolution that you folks passed and somehow you withdrew it, 2013-122. I thought that was a very responsible reaction. I think that dog owners should have leashes with them. And I don't think a dog should be tethered at all times, that is unnecessary. Most dogs, as you well know, are very capable of being under the supervision of their owners without being on a leash in certain areas. And I don't mean just in their own property. I do believe that you know, a lot of people that live out here, live out here for a reason and that is a lifestyle reason. And part of the lifestyle out here, a really obvious and very important part is the part of being able to own an animal, especially a dog. I would think that there are times when Bailie Beach becomes an important place to be able to take your dog without a leash, there aren't all that many and I understand why perhaps some of the beaches in some of the areas restrict dogs even on leashes, I am not so sure that is a good idea. But again, one of the things I do not want to happen is I don't want this place to be a place where dog owners cannot walk their dogs without having a leash on them. That would be like living in a major urban area. This is not that. That is why people move out here, that is why people move out here and that is why this is such a vibrant place. All the dog owners I have met, to a man, have been responsible and really, really nice people. I have been on Bailie Beach, I have been in Laurel, I have been there with my dog and without my dog and I have never, not once, been accosted by any animal. Now I could understand if I had a phobia, a fear about animals. That would be difficult but you are trying to treat someone with a phobia by removing all the animals. The people that love them from being able to take them out and that is not the right resolution for this. So I really sincerely appreciate the fact that you withdrew your previous or your subsequent resolution and you gave this thing more time to react responsibly to it. SUPERVISOR RUSSELL: Okay. Let me just ask and I am going to ask you and everybody here. If I set up a community meeting and we have everybody come in and talk about where we can draw these lines but we are going to have to be realistic. I think the notion that we don't have a leash law at all on town property at all times is unworkable, unrealistic and it is not going March 26, 2013 52 Southold Town Board Meeting to be able to meet our needs. With an understanding that the current code doesn't allow you with all due respect, to do what you are doing. It doesn't allow those of you, it doesn't allow me and my wife and kids to take our dog that we got from the shelter to the beach, under the current code. We are trying to move the line to let dog owners to get them access but to balance those needs with all these people that we are hearing from, from New Suffolk beach. It is ironic that Bailie keeps getting focused on. I get so many phone calls and these aren't people that just moved out here, despite what one friend of mine recently said. People that were bom and grew up in New Suffolk, who have been here for 50-60 years are saying it is getting out of hand, we need to do something. And they are demanding that we enforce the code as drafted and what the town found was that this code was rather draconian, rather anti- dog, rather anti-dog owner, and we want to move the line to allow everybody that access but with reasonable measures and restrictions in place so we all understand what the rules are. And if I set up a community meeting, rather than just come in here and hit at this legislation like we are legislating a pinata, come in and be a constructive part of the discussion. I will do that. I will set this room up, right here, right now, in this room on an evening meeting but you need to be here and you need to also understand that there needs to be compromises in the process from both sides. There needs to be compromise from those that don't want to see dogs anywhere and there needs to be compromise from people who say, you know what? Dogs, it is cruel to put them on leashes. Well, there are certain instances where we don't have a choice. I also have an insurance company I have to answer for but that is another issue for another day. Is that, will everybody show the same willingness to do that if we do this? If we set this up as a community meeting? And will everybody recognize there needs to be compromise? The need to strike a balance and maybe give a little in this process. Dawn? Dawn, come on up. Dawn Bennett DAWN BENNETT: Regarding the beaches, I brought a handout from Southampton. Southampton has a handout that, rules to bringing your dogs to beaches and parks. Can't we look at their law and maybe go on what they are doing? I have been here for 18 years. I am unclear of the law. Really. I don't know if I am supposed to be, I take my dogs to Pequash park. I have five dogs, I only allow one dog off leash. He loves to swim. He is a golden retriever. I want to have that option. I don't want to have to go to Hampton Bays or Southampton to have my dog run and whether the way that I do it is, my dogs do not go to the beach when the lifeguard is there and when there's people after 9:00, I don't go there, I go there at 7:00, 8:00 in the morning. My dogs go swimming and then I come home. And then I go there at night after 6:00 and I let my dogs go and they swim then. I don't have them run off leash where people are laying sunbathing and I think if we looked at this, it seems to work for them, why can't it wait for us? So maybe if somebody could take a look at that and we can talk about that.... SUPERVISOR RUSSELL: That actually is part of the, we are familiar with that. It was part of the discussion. DAWN: Okay. SUPERVISOR RUSSELL: And another issue that we need to understand, is that the town is not regulated many of the beaches that this legislation, many of the beaches, Cedar beach, those are March 26, 2013 53 Southold Town Board Meeting county beaches. None of this law would pertain to any of those beaches. Many of the beaches are owned by park districts. We can't regulate the use of the park districts, which incidentally in most instances restrict dogs from them if I am not mistaken. Most of this legislation only pertains to the beaches that the town owns. Some are swimmers beaches that have lifeguards, some are just casual beaches that we happened to take because we took the road in the process. But you know, again, if people are willing to live with a little bit of give and take on this, we could probably get some reasonable compromise. Benja? Benja Schwartz BENJA SCHWARTZ: Hi, Scott, how are you doing? Town Board. Sounds good, we are going to talk about it. But in order to talk about something, we all need to be reasonable people. We have to know what we are talking about. We have got two laws. In January, the first law of 2013 proposed changing the one law with parks and recreation areas by adding a new section which was to allow dogs into parks and recreation areas. But that proposal had a little flaw. It neglected to take out the section that prohibited the dogs. So you know, maybe nobody else notices these things but, the current proposal proposes taking out the section prohibiting dogs, adding the section allowing dogs but now imposing some kind of a leash requirement and also changing the section pertaining to animals in other areas of the town, all over town, requiring dogs be on a leash, all the time. Now, I walk my dogs on leashes. But I also like to have the freedom to go down to the beach and let the dogs off and the original proposal to add the section of law permitting dogs in the parks was very well worded. The Town Attorney did a good job on that one. And the proposal was that the dogs be, let me just find it here, on the second day of January, the hearing was on the 29 h day of January and the proposal said that the dogs should be under the immediate supervision and control of the owner or other responsible person and the owner or other responsible person should have the ability to leash the dog or other animal immediately. So in the parks and recreational areas, people were going to be required to cant' leashes which makes some sense. Unfortunately, there are some other things which don't make sense. Starting with the purpose of the current proposal, as I mentioned in January, in January the proposal was to serve only the, protect the health, safety and welfare of residents. And the law, you don't have the power to pass a law like that. It's in violation of equal protection. It also protects other people. As I discussed with you, I didn't detail who they are. I notice there was a change made, that it now, your new proposed law that we are talking about today protects residents and their guests. The problem is, not everybody in those areas is a resident or a resident's guest. What about someone from Riverhead? Or a tourist from out of town? It has to include the public in the protected class of this law. You know, I am all for having a community discussion and everybody come together and try to make suggestions but I think it does have to have a proposal to focus on. Unfortunately, the current proposal takes the animal law, the section of the animal law pertaining to dogs and says, sentences them to life of being leashed, it says they have to be on a leash. The trouble with that is, it is not going to protect anyone. It is not going to prevent dangerous, aggressive dogs from attacking people and it is not going to protect people who are afraid of dogs. Just because the dog is on a leash. My friend lets her dog run loose on the beach all the time, there is a leash hanging behind them. There are two, the section pertaining to dogs all over town just requires a leash. The proposal today in the section pertaining to dogs in recreational areas says that the dogs need to be leashed and under the control of the owner. They both should be that way. It is pretty simple. Just to be on a leash, like I say, there could be no person on the end, in effect you are saying dogs can run at large March 26, 2013 54 Southold Town Board Meeting anywhere in the town as long as they are on a leash. It is kind of ridiculous. But you know, or people could tie dogs up to a tree or a fence or whatever and as long as they are on a leash, no, they have to be under control. So I would like to go back to that idea of having them under control. Just because they are on the leash does not mean they are under control. And just because they are off the leash doesn't mean that they are not in control. The original proposal the owner, they had the ability to leash the dogs at all times, if you have a dog that is an aggressive dog and have problems, the only way to be sure you can get them on the leash is to keep them on the leash. But if your dog is a little friendly dog that is not going to hurt anybody, you can let them run. You know, just the little, if you just read what the, when you cross out accompanied by a person at least 12 years of age, you end up with a ridiculous law here that says that the dog can run at large as long as it is on a leash, I mean, that is what this says. That is the language of this law. It shall be unlawful to allow dogs to run at large unless the dog is on a leash. I don't know how you let a dog run at large when it is on a leash. Unless you let go of the leash and the dog runs at large. I think we need to fix that stuff before we reconsider it. I think there are some other sections also that need to be looked at in the law on parks and recreational areas. The section that you are working on is implemented by section 193-11, the superintendent and recreational area personnel shall diligently enforce the provisions of this article. Now, I don't understand, I mean, the public works superintendent has control of the parks but I am not sure he is the right person to be in charge of this. What about, doesn't the town have a dog control officer? Wouldn't the dog control officer, in addition, you want to have a community forum and a public forum, fine but we need the people in the town with the authority not only the people as Jill mentioned in the January meeting and was reported on in Newsday that she said she had spoken to people on both sides of the argument, well, I am not on one side of the, I don't see myself as being on one side of the argument. But I think we need to get people who are, who can see both sides. And especially people, like the town has a dog control agency actually, not just an officer. Did you consult them before drafting this law? COUNCILWOMAN DOHERTY: I spoke to Gillian. MR. SCHWARTZ: Well, to my knowledge they haven't taken a position on this. I would like to.... COUNCILWOMAN DOHERTY: Right. MR. SCHWARTZ: You know, you wrote to the county, I think maybe you could have written to the Animal Welfare League. COUNCILMAN TALBOT: Benja, I just have to comment on the one thing you said. You said you are not on any side of this but at the last meeting you said that you let your dogs run down on Pequash down on the beach there and you wouldn't want to have them leashed, let them run free. So you have to be on one side or the other. MR. SCHWARTZ: Umm, 1, the original proposal, I would support that, that requires a dog owner to have a leash with them or the ability to put them on a leash although honestly, I have a March 26, 2013 55 Southold Town Board Meeting little 12 pound dog. You know, it is not going to attack anyone. If it goes near anybody, I can pick it up and hold it in my hands. COUNCILMAN TALBOT: Yes, I have a dog that if I wanted to leash it, sometimes I can't. That thing runs around and I can't catch it. I can't catch it. MR. SCHWARTZ: Well, that's the thing. I am glad you mentioned that because there are many kinds of dogs and many kinds of people and your job making the law is to make it for everybody. SUPERVISOR RUSSELL: That is exactly what this whole thing has been from the beginning. But we are losing the audience. I want other people to have the opportunity to speak. COUNCILMAN TALBOT: We appreciate the discussion back and forth, to hear all sides of it so let's give somebody else a chance. MR. SCHWARTZ: I am not a, I don't respond to like public pressure. When I have something to say, I am going to say it and then I will be done. Alright? COUNCILMAN TALBOT: Like Mr. Catullo, he gathered his thoughts and sat back down, you have got a gentleman in the back with his hand up, if you want to.... MR. SCHWARTZ: Well, if you care about understanding this issue, I think you will give me two minutes to complete my statement here. COUNCILMAN TALBOT: If you are ready to wrap it up. MR. SCHWARTZ: Yes, that is what I am trying to do. You think I want to spend the whole night or the whole day working on this? In the research that I have done, there is some new scientific research called dognition on how dogs think and how people relate to dogs and they have discovered that they are very different. Domestic dogs are not like wolves. Wolf packs follow the dominant pair. Domestic dogs don't normally live in packs but sometimes they do and they get loose and they run wild and they are not wild wild but they are feral, they are domesticated dogs that are not longer in the presence of people and they form groups. But those groups, instead of following the dominant pair, they follow the, the dog that has the most friends. So I would hope that you would realize that companion animals are parts of our family and there is many ways we can control them. Not only with a leash. Thank you. SUPERVISOR RUSSELL: Yes, please. Steve Feeney STEVE FEENEY: My name is Steve Feeney and I just moved here back in December. I lived in Mattituck for 8 years, moved up island and now we are back. I was asked to come here by a friend and listen to this. I like dogs but I understand both sides of this issue. I would assume you have got to have a dog license to have a dog and this is all going to boil down to someone getting sued, the town getting sued or someone getting sued. My feeling is, as a dog owner, whether you let the dog run down the beach or down the road, you are responsible for your dog. March 26, 2013 56 Southold Town Board Meeting if it gets hit by a car, if it bites someone, it knocks someone over be it an accident or whatever, I just don't understand, it is really just kind of your responsibility as a dog owner. That is your dog, whether the beach is empty or the beach has a bunch of people on it, common sense, the dog runs knocks someone over, hey listen, I am sorry if someone is hurt. Kind of your responsibility, not the town's, you are the dog owner. The dog doesn't own you. I hate to say this, people come first. People come first. A man is walking down the beach, I have a dog, big moose of a dog, he knocks that man over, man has a heart attack, man breaks his leg, hey, it is a person. The dog, my dog (inaudible) common sense. I don't know how much a dog license is but maybe if a dog license is 10 bucks, maybe even 20 bucks, then the town should take that money, put it in the kitty, get an insurance policy for an issue like this where if someone gets hurt, you know, maybe the town could do the right thing as far as if it was an accident, figure out you know, pay doctor bills or something like that for a dog bite or whatever. But common sense, if you are a dog owner, that is your dog. Whether it is a little dog, I have got a little dog, he can get his teeth and sometimes he gets funny around people and sometimes he don't. It's a dog. That is all I have got to say. People come first. And I love dogs and I moved back here because you know, I like my dog to go swimming and stuff like that but if someone walks on the beach, you know, you can't control your dog, whose fault really is it? SUPERVISOR RUSSELL: I appreciate it. If we go along the lines of what Dawn was suggesting before I believe there are time issues here, right? There would be times you could bring a dog and times you can't, something along those lines. Those are the types of things we would be talking about and again, I will schedule a community meeting and we will get everything on the table at one time and try to hash this out. Mariella Ostroski, Southold MARIELLA OSTROSKI: My name is Mariella Ostroski, I live in Southold and I was looking at your agenda earlier and I was enjoying the fact that we are encouraging and investing in the planning and preservation of Southold Town through the employees, sending them to courses or events that will improve their knowledge of how to make the town the best it can be and I love being in Southold Town and I think we have to invest in private sectors ability to have their own quality of life including the training and sharing and delight of having dogs. So I am hoping that you can find the restriction of a minority and still not punish the majority here. So I will take time off work if I have to come to your next meeting and I thank you for making this an open forum. Thank you. SUPERVISOR RUSSELL: I am sorry Mr. Terranova, I am going to let people who haven't spoken yet go first and then we will go around again. Jack Gesmunde JACK GISMONDI: I am Jack Gismondi, I am a dog owner also, kind of in favor of what you are doing and I would like to applaud the Town Board for taking a pro-active move, trying to change something that perhaps was ill-thought out in 1981, allowing some type of, a little flexibility and I think it is, I applaud the Town Board for moving ahead, I think the can of worms was opened sometime most recently and I think it was a good thing because perhaps we can move in a better direction and I applaud you for doing so and I look forward to the meeting. March 26, 2013 57 Southold Town Board Meeting SUPERVISOR RUSSELL: Thank you, Jack. Susan Carpenter SUSAN CARPENTER: I am not really good at public speaking. My name is Susan Carpenter, I am from Mattituck. A lot of you guys might know me because we have Rhumbline Retrievers, I work as a vet. I am not here representing the vet at all, I am here just for me, my husband. We moved, I don't know, we live here in Southold because of the quality of life and being able to do things we can't do in other places. I grew up on Long Island, I moved away, I lived in Texas, Louisiana, Washington state, Singapore and been all the world and Long Island is the best place to be. It is one of the best places to be because you can have a meeting like this and talk about things that are important. We need to talk about what's important for everybody and everybody's quality of life. Not just mine as a dog owner or somebody that doesn't like dogs or hates dogs. We need to keep what makes Southold Southold. Okay? I lived in Mattituck and I walk over Laurel Lake all the time. I cut trails with my husband and our neighbors before it became a parkland or whatever they call it now and I have been walking there for 17 years, every morning. An hour and a half, two hours a morning. Probably 5 times a year I see people. Once that person hated dogs. She scared me and the dog scared her, we all apologized to each other and we moved on. She was in camo, bird watching, leaning up against a tree and we walked past her and she popped out and said hi. Understandably, my dogs barked and were you know, upset. They thought I was being challenged. Nothing came of it, we apologized, she apologized, we went on our merry way. The fact of the matter is that well-trained, well socialized, well exercised dogs are better part of our community. Dogs that don't get enough exercise both mentally and physically end up having behavior issues. There are barkers, there are diggers, there are biters, there are dogs that attack, there are dogs that escape. They are dogs that you get complaints about. Your neighbor hates because it barks, the town hates because they pick it up 22 times for running loose, Gillian hates it because people don't come out and show up for it. The town has to feed it until it dies because it is a no kill shelter, which I love. But dogs that aren't trained, aren't socialized and aren't exercised are a problem. No matter what kind of dog it is, be it a little toy poodle, it could be your Newfoundland, it could be my Labradors, if they are not trained and not exercised, there is a problem. Most dogs can not get enough exercise in their backyard, they might get enough physical exercise but they don't get enough mental exercise. That leads to bored dogs and dogs that are in trouble. Most of us are responsible dog owners. Understand, there are people in this town, in this country and everywhere that hate dogs or don't like dogs or don't want to see dogs, don't want dogs near them. They don't have a problem with that. Well, what we responsible dog owners would like is a designation in the town of two or three places that you can go off leash and be a responsible dog owner. And I am not talking about that little farce of a dog park. And that doesn't matter. That is a little square fenced in yard that is smaller than most people's backyard. That is not a place to exercise your dog, it is not a place to socialize your dog and it is not a place to train your dog. You need someplace with varied terrain. We are a water community, we live on the water, we are surrounded by the water, a lot of us have water breeds. Even if it is a non-traditional water breed, our dogs like to swim. So most of us dog owners would like a place where they can go to the beach whether it is certain hours, certain beaches, certain times. That we can go and be safe and let our dogs off leash and not be persecuted and not, people that are not dog people can go to that beach at a different time or chose a different beach. I am not saying that every dog should be allowed on every beach, off leash all the time. Designate a place they can go, designate a March 26, 2013 58 Southold Town Board Meeting field area or a woods area or a combination area, where people that are responsible and control their dogs off leash. Two other matters I have that are of concern, is when they are on the leash, your law says the leash can only be 4 feet long. I don't know, I am only 5"2' so 4 feet is this big so if I had a Yorkshire Terrier on a 4 foot leash, he can get about 6 inches away from me. COUNCILWOMAN DOHERTY: That is not in the proposal. MS. CARPENTER: Well, it is in the current law. COUNCILWOMAN DOHERTY: It is in the current law. MS. CARPENTER: That is the only where a leash is defined. SUPERVISOR RUSSELL: Just so you understand, when we change legislation, it includes the old legislation in it. So we never envisioned creating a leash law that required a 4 foot leash. MS. CARPENTER: I mean, in the law it doesn't say anywhere you just say it has to be on a leash. So now the other question is, is my dog under control on a 6 foot leash or a 10 foot leash or is my dog out of control on a flexi lead? Just because he is on a leash doesn't mean I have control of that dog. A bad owner is a bad dog owner. So and a good dog owner is a good dog owner. You can't legislate stupidity, you can't legislate common sense. So you have to pass laws that help people. My only other comment is that the law talks about dogs in off leash with a hunter, I hunt, my husband hunts, a lot of our puppy people hunt. If we don't let those dogs off leash when it is not hunting season, they won't know how to behave during hunting season. So they have to be able to have a time and a place they can train off leash so they can learn their job. Also for advanced obedience and agility training, things that dogs from around here compete on the national level, they need to be off leash, so we need to help that. And to make people better dog owners, maybe we should increase the dog license fee like you said and have public dog training classes that are affordable. If more people went and trained their dogs we wouldn't have so many complaints that you have. You wouldn't have as many complaints about the other beaches if there was a place for people to take their dog. Because they would go to the other place instead of the bad place. That is all I have to say. Maureen Sanders, Orient MAUREEN SANDERS: Hi, I am Maureen Sanders, I am resident of Orient. I just want to point out one thing that hasn't been brought up and that is over 10 years ago, I lived in New York City and took advantage of the New York City leash laws which allow dogs off leash at certain hours in the public parks. I want to point out that this is not only for the dogs, the dog owners become a community in their own right and it is very good for the community and while I happened to be in Brooklyn, in Prospect Park but it is very good for that community to have these people getting together, talking about the issues regarding their dogs and exchanging ideas and becoming part of a community within the community. It is very good for people as well as dogs. And that is the only point that I wanted to make tonight. Thank you Mr. Russell, Board. SUPERVISOR RUSSELL: Who else would like to address the Town Board? March 26, 2013 59 Southold Town Board Meeting Marcy Burke, Lido Beach MARCY BURKE: I may be speaking a little out of turn, I am not a resident, I have been looking to become a resident. I presently live in Nassau County. One of the reasons I want to move to Southold Town is that I have three golden retrievers and I have no where in Nassau County that I can take them and I applaud Sue Carpenter for her very common sense suggestions and I also applaud you because when I came, I thought, what I was told what I was going to hear was a more restrictive rule and the fact that the Board is open to understanding the needs of everybody and it is very important that every human being be cared for, both emotionally, I know the dogs for me are a huge emotional part of my life but also in terms of their physical well being and I would implore you to take on the task if you would, of addressing it from a dog under control and I say that as a professional dog trainer but it can be done, you can teach your dog to come, he doesn't have to run away but there are ways that you can draft legislation so that it can be under control and so that nobody can be hurt and I applaud you Sue, for your very common sense statements and I thank you for listening to a non-resident. My name is Marcy Burke and I live in Lido Beach, New York. SUPERVISOR RUSSELL: Just to clarify, first, I appreciate everything you had to say. Actually the legislation we are proposing is less restrictive than the current. That is why we tried to set about doing something. It is not very good policy to have code and then ignore it. So that is why we are trying and we recognize you know, it is a work in progress. But we have a ways to go. We did talk about the under your control aspect which was in the first draft of the legislation. The police department raised issues in terms of the enforceability of that but those are the types of things we can talk about but again, getting back to what Dawn had mentioned earlier, if we are willing to live with compromises such as certain times during the day during the summer you can have a dog but we set the time so that after 7:00 PM, if you are willing to live with those types of compromises I think we can work something out that everyone can live with. But we all have to be willing to give a little bit. And I appreciate trying to legislate, I learned 100 times, you can't legislate for stupidity, common sense and all those things but I need to remind you all that a Town Board tried to do that in 1981 and now we need to address it somehow. MS. BURKE: Thank you. Karen Roses, Mattituck KAREN ROSES: Hi, I am Karen Roses, I live in Mattituck. I just wanted to say two things. One is that if you are a dog owner you know that your dogs are like your children. Plain and simple, they have four legs instead of two and a lot more hair but they are basically like your children and to not be able to let them run anywhere is like letting your child grow up never letting go of your hand. You have to give them the opportunity to run and exercise and grow and become strong, although you do have to have control. And the other thing is leash does not mean control and I know that has been brought up before but how many times do you see a child holding a great dane by a leash, a little five year old. Having a dog on a leash doesn't mean it is safe, doesn't mean it is under control, it just means somebody is holding the other end and they can very easily if they are strong enough or if the person is holding it is not strong enough they March 26, 2013 60 Southold Town Board Meeting can very easily take their leash right out of the hand and they are gone. So that was just something I wanted to say. Thank you. SUPERVISOR RUSSELL: I just wanted to clarify, I happen to be a dad and dog owner. My dog has yet to ask me for an iphone. So, there is a big distinction there. But he doesn't cost me nearly as much money. Who else would like to comment on this particular local law? Okay. Dan. Oh, I am sorry. Where you getting up to speak? Can I let her speak first and then I will call on you. Mary Curry, Cutchogue MARY CURRY: Hi, Mary Curry from Cutchogue. I guess I just would like to ask that maybe you guys provide a map regarding which locations you are talking about in terms of, so there isn't any confusion, like at Bailie Beach. Maybe like a highlighted map. And I will save all my comments for the community meeting. SUPERVISOR RUSSELL: Very good idea. Thank you. Dan? Dan Catullo MR. CATULLO: They were saying that, I sort of feel like Custer at Little Big Horn here. I am a little bit over-matched tonight but a couple of points that I did want to say before I got side- tracked, one of the, this whole idea of control which everyone throws this around. We have been through this again and again. I wrote down something before in order to get all the points I could into this and so the people could get their arms around what this idea of control is. And it's aimed at the legal aspects as well as the common sense aspects that everyone is thinking. Why can't some people navigate through the following into a conclusion. Only at the moment a dog breaks away from it's owner to initiate an assault is it evident that the animal is not under control. But by then, the health, safety and welfare of the victim has been abrogated and the very reason for the law made moot. After all, before the incident, the dog does not evince his status by presenting with a sign reading quote certified and guaranteed in control dog here unquote. Only after the victims stress of an anticipated attack or the attack itself and thus a breakdown in the health and safety provisions, is the dog's true nature confirmed and by then it is too late to effect the result that the law is intended to achieve. Which is the health and safety of the public as he would like to say, instead of the residents. But I keep thinking that is it because people can't understand this concept or because they don't want to leave their agenda behind and are unwilling to accept what control is. The idea now, which is first time I have heard about leashes being inadequate as control as control means for a dog. Well, if you have a 6 to 8 foot leash, you have a large dog and a 4 or 5 or 6 year old, there is no common sense going on there, I am sorry. There has to be common sense at every level here. If you have 6 to 8 foot leash and you have a particularly large dog, okay, there is always a chance there is going to be a breakaway but you are at least mitigating the probability there is going to be a major problem . There have been any number of incidents, the fellow from New York said he has never met a dog owner I didn't like in, so many words. By gosh, again and again and again, I really envy him because I, just yesterday I had a confrontation with someone, we didn't get into the dog droppings business and I never brought it up before, it has been personal safety that I have been mostly concerned with. But he came at me verbally and with one of his digits on his hand signaling his displeasure that I confronted him with not cleaning up after his dog. All these people that seem to be so wondrous, March 26, 2013 61 Southold Town Board Meeting walking on water as it were, by god, I would like to find some of them. Well, I do know some and there is one right here that is a responsible, two of them, good dog owners. But I can't, the way it's all quoted, everyone is a responsible dog owner. There was a dog bite this Thursday in the center of Mattituck, you probably heard about it in Mattituck, a kid was bitten. There was that New Jersey incident last week. I mean, there were two or three recent dog bites. The statistic about the insurances, where I brought this up last time, that more than a third of all claims are for dog bites. I mean, to listen to the crowd here and admittedly I am fighting against the current I realize that but I mean, who would, they'll say well it was so unusual, to find someone who has had a problem with dogs. My god, I have had 5, 6 attacks over a 50 year period. Alright, that is not a lot but one of those is more than enough in a lifetime believe me. Like being mugged six times. And it is an absolutely frightening, a frightening prospect to go through. I just, I mean, rare. What's rare? What kind of a person would, let's say the intellect of a person who is standing under a tall tree in a severe lightening stone, even if he has never seen that tree struck by lightening or in fact, even if he has, I mean a little common sense would kick that around here. There is a lot of common sense that can be used but it simply isn't. Everyone is spreading this common sense provision around but it doesn't go into effect for a large number of people. Sure, those of you who are responsible, you say, what is he griping about? My god, I meet people that aren't and a lot of them are convinced that a dog may very well be harmless but when they come romping up at you, they are a frightening prospect. I ran an emergency room, three emergency rooms actually and I have seen these up close, right close and personal what dogs do. I am not just reading an insurance statistic that says one third of all, more than one third are claims from dog bites. I was there up to my elbows in some kids blood or whatnot. Celebrities even were involved in this. This is not just a fabrication. It is not white tigers manufactured by certain people for point of impact and such as that fact, it was a lion who killed an animal, it wasn't something on our beach it was something in California, let me get that clear... UNIDENTIFIED: Inaudible comments MR. CATULLO: Alright, alright. SUPERVISOR RUSSELL: Dan, you need to talk to the Board, please Dan, I have asked you several times. All of your comments need to be addressed to this Board. Dan, Dan, we are going to end the meeting if you can't just focus.... MR. CATULLO: That is another point, we have our legal expert, there is a person who has legal expertise presumably, who claims that he could have brought up a leash law at the last meeting but he decided not to because the lady who was with a dog had the leash in the car but wasn't using it. Now this is a convoluted bit of reasoning I can't come up with but I can't understand but let's go ahead with this. He was going to have a leash law but he had his dog with him, the dog of the other person came at his dog, he had to kick it to preserve his dog's integrity. The lady came at him, said but I have a leash in the car. Now somehow this dissuaded this person from advocating for a leash law. I don't understand the logic of it but it just about gives us the idea of the mindset of that particular person. I am not going to go into it any further this has been too emotional a day for me but I will relax on that. Thank you. March 26, 2013 62 Southold Town Board Meeting SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular local law public hearing? Peter Terranova MR. TERRANOVA: Just one more thing. Peter Terranova from Peconic. As I said, I am not a dog owner but my son is, the folks that spoke here that have dogs, boy I would love to have (inaudible), I think you are all great. No, really, and I think that is the point that probably 90-95 percent of folks that have pets that are very, very responsible. The problem is we haven't heard from any of the irresponsible dog owners.... UNIDENTIFIED: And you won't. MR. TERRANOVA: And I know they are not here, okay, and therein lies the problem. Okay, therein lies the problem. Because the leash as many of you had said, does not mean control but what it does do is accountability. Somebody is walking along the beach as my wife and I are sitting there and their dog goes up into the dune to do his business, they can't say I didn't see it. And I am sure you probably have run into that yourself. Okay? Or the dog comes out of the water, a nice couple not 50 feet from us, the dog comes out of the water and goes, rolls in the sand and then rolls on this couples blanket. The dog wasn't aggressive but the people were traumatized. They actually picked up and left. So here we were infringing upon their ability to enjoy the beach. And the particular person involved, I won't mention her name, doesn't live where I live, comes from the next hamlet over, go to her and say listen, take your dog up to the dog park. But there is no beach at the dog park, I mean, that is where we get into the elevation of our pets as humans. I understand they have to run but you know, as Scott has mentioned, there has got to be some compromise here and there has got to be accountability. SUPERVISOR RUSSELL: Right. MR. TERRANOVA: Because if the dog is not under control of the leash, okay, then you (inaudible) hold the owner responsible. That is really what it boils down to. I wish there was a different way and I wish there was a way that perhaps the irresponsible dog owners would have to wear a sign. `I am an irresponsible dog owner', okay. Or the other way `I am a responsible dog owner' but that is not practical. So, I think you suggestion Scott, is a good one. That you have a more open discussion and maybe we can get some of the irresponsible dog owners to come and express their views because maybe they should be heard too. SUPERVISOR RUSSELL: Thank you, Peter. Karen Roses MS. ROSES: I just wanted to address something, it is not necessarily all about responsible dog ownership or irresponsible dog ownership. Dogs bite for a lot of reasons. I know, I have been bitten by a lot of them. And they bite out of fear, they bite out of being startled, they bite out of all kinds of reasons. But I walk my dogs on leashes and I have actually been with my dog on a leash, standing, talking to somebody with my dog sitting between my legs and I have had people come up and just right for the dogs face and my dog sat there and did nothing but he could have March 26, 2013 63 Southold Town Board Meeting bitten because he was startled or somebody was moving towards me. I actually had a 7 year old girl come charging down the street, don't know where this little girl came from, she saw my dog I guess sitting down and she came running down the street, no parent with her, ran up to the dog, grabbed it by the face and kissed it on the nose. Luckily, my dog went, oh great, a kid to play with. When the mother finally came up I said to her, what is wrong with you that you would let, oh, well, she loves doggies. So it is not just the, I mean, had my dog bitten I would have been sued till there is no tomorrow for a dog that was on a leash, sitting down, minding its own business because this little girl, this parent was not paying attention, came charging up, grabbed a strange dog by the face and kisses it. and I could have been liable for that and it was frightening. So it is not just the dogs, sometimes there is a provocation whether it is meant to be or not by, so it is maybe just an education of everybody, not just necessarily pro or con dogs but maybe we need to educate the public in how to behave when there is a dog you don't know. Just that I am looking forward to, I will definitely be at the meeting. SUPERVISOR RUSSELL: Okay. MS. ROSES: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to be heard on this particular public hearing? (No response) Closing Statements Supervisor Russell SUPERVISOR RUSSELL: What I would like to do now, I think that completes, I can't imagine that there is any other issue that needs to be talked about tonight but you should feel free to come up at any time at this point and address any other issue. COUNCILMAN TALBOT: Any other town wide issue. SUPERVISOR RUSSELL: Any town issue, yes. (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:10 P.M. Eliza th A. Neville Southold Town Clerk March 26, 2013 64 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell