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Home My WebLink AboutTB-05/28/2015ELIZABETH A. NEVILLE TOWN CLERK o ? REGISTRAR OF VITAL STATISTICS o '� MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SPECIAL PUBLIC HEARING May 28, 2015 12:00 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 s outhol dtown.northfork. net A Special Public Hearing of the Southold Town Board was held Thursday, May 28, 2015 at the Meeting Hall, Southold, NY. I. Call to Order 12:00 PM Meeting called to order on May 28, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name .� .. ,.., w� _.� _...� _ Organization Title .... a ......:.g ...__�. _��.. ........ _Status g Arrived , . ., m....., . ...mv...... Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present i Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans ;Town of Southold Justice Absent Scott A --.—R, ussell ;Town of Southold Supervisor ;Absent Elizabeth A. Neville Town of Southold I Town Clerk Present Stephen Kiely ' Town of Southold f Present Pledge to the Flag Opening Comments Deputy Supervisor William P. Ruland COUNCILMAN RULAND: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. There are a few business items that we have on the agenda and then we will conduct the public hearing. R Penlntinnc 2015-491 CATEGORY. • Property Usage. ` DEPARTMENT. Town Clerk Special Public Hearing May 28, 2015 page 2 Riverhead Foundation for Marine Research & Preservation Parking at Bailie's Beach for Seal Release RESOLVED that the Town Board of the Town of Southold hereby grants permission to Riverhead Foundation for Marine Research and Preservation to park vehicles of participating staff and Cutchogue East Elementary School at the Town Parking Lot adjacent to Bailie's Beach Park, at Mattituck Inlet, Breakwater Road, Mattituck, New York on Friday, May 29, 2015 from 3:30PM to 5:30 PM, during their release of a rehabilitated injured seal into the sound, provided: 1. They file with the Town Clerk a Two (2) Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. They adhere to the Town of Southold Policy for Facility Rules and Regulations on Town Properties. 3. The approval of the Mattituck Park District for their use of Bailie's Beach. All Town fees for this event are waived. ✓ Vote Record - Resolution RES -2015-491 R1 Adopted ............................ ---.._...._....................... .._................................... ....__.... ... ................ ,.__.._...._........................._....... Yes/Aye __. ... _...................... _.._. No/Nay .......... _..... _....... - Abstain ................... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 El El ❑ Supervisor's Appt William P. Ruland Seconder 0 ❑ ❑ ❑ ❑Tax Receiver's Appt Rescinded Jill Doherty Voter D ❑ ❑ El❑ ❑ Town Clerk's Appt Louisa P. Evans ' Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A. Russell Voter ❑ ❑ ❑ 177 ❑ No Action ❑ Lost 2015-492 CATEGORY. D E PA R T11E, NT. Employment - Town Accounting Appoint Temporary Account Clerk WHEREAS full-time employee # 7300 at the Highway Department is expected to be out of work for approximately 12 weeks and WHEREAS the Town Board has determined that the Highway Department requires full time coverage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Barbara Rudder to Special Public Hearing May 28, 2015 page 3 the position of Temporary Account Clerk to cover this absence starting on May 28, 2015 at a rate of pay of $15.57 per hour. ✓ Vote Record - Resolution RES -2015-492 Q Adopted ................_ ... ............_ _...... _ . _.... ............ Yes/Aye No/Nay ....... Abstain .... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled_____ Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter Q ❑ 11 El 11 Tax Receiver's Appt Jill Doherty € Seconder Ll ? ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter ❑ ❑ ❑ Q ❑ Supt Hgwys Appt Scott A. Russell Voter ❑ ❑ ❑ Q ❑ No Action ❑ Lost 2015-493 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney Agreement W/West Group - Westlaw for TA Office RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Westlaw Order Form between the Town of Southold and West Group regarding a 36 -month agreement for the Government Select Plan for the Town Attorney's Office in connection with legal research, on-line CLE classes for all attorneys, and certain legal publications at a cost of approximately $700.00 per month, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-493 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder:; .......... Q . ❑ . ...... , ...._ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ 11 Supervisor's Appt William P. Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Mover Q El El ❑ Town Clerk's Appt Louisa P. Evans Voter ❑ ❑ ❑ Q ❑ Supt Hgwys Appt Scott A. Russell Voter ❑ ❑ ❑ Q ❑ No Action 0 Lost Special Public Hearing page 4 May 28, 2015 Comments regarding resolution 493 COUNCILMAN GHOSIO: Just a clarification of what this is? ASSISTANT TOWN ATTORNEY KIELY: Obviously we do a lot of research and we do it online and we use the company called Westlaw to achieve that. This $700 per month is actually less than what we have been paying in years past because we cut out, in years past we were getting pocket parts to update the books. We feel that's not needed because we do all our research online. So this is a cost that we have had with the Town Attorney's office with books. COUNCILMAN GHOSIO: Very good. That's all I needed. COUNCILMAN RULAND: Your question is answered? Any other questions? No response. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 12:04 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Robert Ghosio, James Dinizio Jr, William P. Ruland, Jill Doherty ABSENT: Louisa P. Evans, Scott A. Russell 2015-494 CATEGORY. DEPARTMENT. - Enact Local Law Town Clerk Enact a LL / Waive DEC Deer Hunting Permits WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 5th day of May, 2015, a Local Law entitled "A Local Law in relation to Waiving New York State DEC Deer Hunting Permits", 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, and 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 Waiving New York State DEC Deer Hunting Permits" reads as follows: LOCAL LAW NO.4 of 2015 A Local Law entitled, "A Local Law in relation to Waiving New York State DEC Deer Hunting Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: Special Public Hearing page 5 May 28, 2015 I. A new Chapter 36 of the Code of the Town of Southold is hereby adopted as follows: §36-1. Title. This law shall be known as the "Hunting." §36-2. Purpose. The State of New York has recently amended the New York Environmental Conservation Law to allow Towns in Suffolk County to waive the State requirement that Town Clerks issue NYS DEC hunting permits. The Town Board of the Town of Southold has determined that it would be in the best interest of the Town of Southold to reduce the regulatory burden placed on Town departments by exercising the option of waiving the requirement that hunters obtain a NYS DEC permit from the Town Clerk. §36-3. Pursuant to New York ECL Section 11-0903(7)(c) and Chapter 266 of the 2014 Laws of New York, the Town of Southold does hereby waive the New York State requirement that deer hunters in the Town of Southold obtain a New York State Department of Environmental Conservation special permit to hunt deer during the Suffolk County deer hunting season. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓ Vote Record - Resolution RES -2015-494 Q Adopted ...._...._ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter ................... Q 1111❑ - _..--........ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Seconder Q ❑ El El El Tax Receiver's Appt Jill Doherty Mover Rl ElEl ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter ❑ ❑ ❑ Q ❑ Supt Hgwys Appt Scott A. Russell Voter ❑ ❑ ❑ Q ❑ No Action ❑ Lost Public Hearings PH 5/28/15 @ Noon LL/Waive DEC Deer Hunting Permits Special Public Hearing May 28, 2015 page 6 Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 5th day of May, 2015, a Local Law entitled "A Local Law in relation to Waiving New York State DEC Deer Hunting Permits", and Notice is hereby further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 28th day of May, 2015 at Noon 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 Waiving New York State DEC Deer Hunting Permits" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Waiving New York State DEC Deer Hunting Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 36 of the Code of the Town of Southold is hereby adopted as follows: §36-1. Title. This law shall be known as the "Hunting." §36-2. Purpose. The State of New York has recently amended the New York Environmental Conservation Law to allow Towns in Suffolk County to waive the State requirement that Town Clerks issue NYS DEC hunting permits. The Town Board of the Town of Southold has determined that it would be in the best interest of the Town of Southold to reduce the regulatory burden placed on Town departments by exercising the option of waiving the requirement that hunters obtain a NYS DEC permit from the Town Clerk. §36-3. Pursuant to New York ECL Section 11-0903(7)(c) and Chapter 266 of the 2014 Laws of New York, the Town of Southold does hereby waive the New York State requirement that deer hunters in the Town of Southold obtain a New York State Department of Environmental Conservation special permit to hunt deer during the Suffolk County deer hunting season. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided Special Public Hearing May 28, 2015 by law. Councilman Robert Ghosio page 7 I do have here a sworn affidavit of publication in the Suffolk Times for this hearing. I also have an affidavit notarized that this has been noticed on the Town Clerk's bulletin board. I have the notice of the public hearing and that is it. That's all I have on this. Councilman William P. Ruland COUNCILMAN RULAND: Thank you, Bob. Mr. Standish, would you like to speak first, please. Jeff Standish, DPW Director JEFFERY STANDISH, EXECUTIVE ASSISTANT, DEPARTMENT OF PUBLIC WORKS: As Councilman Ghosio just said, the Deer Management Committee had asked the Town Board if they would waive the DEC deer management hunting permit. New York State changed the law to waive the permit process for hunters to obtain a town permit. The bill was sponsored by Assemblyman Thiele and passed by Governor Cuomo. The current process is a burden to the hunter and also the Town Clerk's office. There have been many other laws changed in this past year, some of the laws that the DEC had changed was changing from 150 feet for hunting within the area of a dwelling from 500 feet. They also extended the bow season to the 31St, shotgun season is also opened now on the weekends. This is a way the DEC is promoting more hunting and making it easier to harvest more deer. This, again, this law is being changed for the shotgun season. There is a process that most hunters would have to come into the Town Clerk's office, which as you can see here, there are two different types of permits. One is the town permit and one is the DEC landowners endorsement permit. This is what the DEC looks for when they come to a spot where you are hunting. So what the DEC is looking to do is waive the town's ability, not the ability because they could still keep it but to allow the hunter to no longer have to go through this burden, to have to come and get this permit, take a day off or whatever. It is a way that the DEC is promoting hunting a lot easier for the hunter, because there have been a lot of different things in the past that has made hunting difficult and the DEC has worked in the last five years to help the local towns to make hunting a lot easier. So this is another way the DEC is working with the towns and with the hunters to make things a lot easier. COUNCILMAN RULAND: It is my understanding that any hunter still needs a New York State hunting permit, is that correct? MR. STANDISH: Correct. They still have to come here and get their hunting license. This isn't a hunting license, this is a special permit that, again I can explain this more that if someone really wants it. You need to have 10 acres to shotgun, this is the shotgun season permit. They would have to come into the town, show them this landowners endorsement. With that, the Town Clerk would have to look up the property and also make sure that it is signed by the landowner. Again, that is just another process that makes the Town Clerk have to go through that is not even really needed out in the field. When you are pulled over by the DEC, they don't even look at that permit. They would have if the law was, if the town had the law. This year, the adopt to do away with that part of law which will make it a lot easier for the DEC officers just to see the one part of the permit. It is another way to make hunting a lot easier. Special Public Hearing page 8 May 28, 2015 COUNCILMAN GHOSIO: As I understand it, the Clerk's office is only allowed to charge $1 per permit. Is that correct? And I would assume that the cost to process is more than $1? I hate to state the obvious, but it is a hearing. MR. STANDISH: I have got a breakdown. In 2013, the Town Clerk's office issued 138 permits; 2014, 159 permits. This past year, 79. That number is going to continue to drop also due to the fact that the bow season now is extended to the 31St also. So the guys that will go because at that time there was only, the hunting season ended on December 31St. Now you can bowhunt until January 31 St, it has changed so most people are going to continue to bowhunt and not shotgun, so there's another thing that's not even worth going through. Again, I recommend it to the Town Board and so does the Deer Management Committee. I think it is a good thing and I appreciate the DEC, Assemblyman Thiele and Governor Cuomo for passing it, because again, we have been trying to get a lot of things passed to improve hunting out here, to try to eliminate some of the heard. COUNCILMAN RULAND: Thank you, sir. ASSISTANT TOWN ATTORNEY KIELY: May I just make a comment to flesh out what Mr. Standish was saying? Since the year 2000 there has been 1,951 permits issued. That's only 951 more than the cap of 1,000 permits a year that can be issued in the Town of Southold. You can issue up to 1,000 per year in the Town of Southold. Since 2,000 only 1,951 permits were issued. That's a grand total of $1,951 in 15 years that the Town has received from this. I can guarantee you that the cost to the Town of employee's processing this far outweighs that number. And also, I would just like to state for the record, the Towns of Riverhead, Brookhaven, East Hampton and Huntington have waived the town permit. The Towns of Shelter Island, Smithtown, Southampton and Islip are currently considering it. COUNCILMAN RULAND: Thank you, sir. Is there anyone else that would like to speak to this public hearing? Linda Goldsmith, East Marion LINDA GOLDSMITH: Hi, my name is Linda Goldsmith from East Marion. I don't know if this is appropriate place to comment on this and if it isn't, just ask me to sit down. I am wondering if there is anything the Town Board can do regarding the codes for fencing when it comes to deer? It is going to be, there is no doubt that this is a good idea, I do agree with this. This is a good idea. I am just wondering if it is at all possible to amend the fencing code so that homeowners can put up 6 foot fencing in their front yards. Maybe just make it for a couple of years like the farmers do, because those people that grow their own gardens or have a great deal of flora in their yard, even those people that have swimming pools; you know, I have seen deer hop over the fences and go into swimming pools and I am wondering if there could be some kind of amendment made until this is under control which is going to take a number of years, you can't do it in one year, it didn't happen in one year, it is not going to be fixed in one year. And I am wondering if there could be some kind of amendment of Southold Town code at least for X amount of years or for two years and then look into it, that fences could be made a little bit higher. I am not purporting that everyone put 8 foot fencing up so that we can't see anything. Special Public Hearing page 9 May 28, 2015 The other thing is also, if people are going to be hunting closer to your homes now, if you are surrounded by open land, like I was when I had a house in East Marion, you know, they can hunt closer. We had a 28 acre parcel, it sort of tells you where the house is, so there is no... COUNCILMAN RULAND: That is something we can certainly take under advisement. MS. GOLDSMITH: I just hope that you will think about that. I don't expect the town to say forever oh, yeah, you can put 8 or 6 foot fences in your yard but even I think that maybe with the steps that are being taken, this will come under control but it is going to take a few years and you know, it is costing a lot of money not only to farmers but it is costing money to homeowners, a lot of money and we are trying, you know, to keep our houses, it doesn't affect me, it does affect my children but it doesn't affect me. I don't grow a garden and the deer don't seem to like my property much except I did have a doe come in and have a fawn on the front yard but I think she was lost. But if you could think about that, I truly would appreciate it. COUNCILMAN RULAND: We will certainly look into it. MS. GOLDSMITH: Thank you. COUNCILMAN RULAND: Is there anyone else? COUNCILMAN DINIZIO: Can I just comment on this? COUNCILMAN RULAND: Sure, Jim. COUNCILMAN DINIZIO: I think we addressed 8 foot fences in the rear yard for deer fencing and we have that. the problem with it in the front yard is aesthetically it doesn't look very good. MS. GOLDSMITH: I am not asking for forever. COUNCILMAN DINIZIO: Well, when we addressed it, we had all those comments. You know, we listened to all of them and yes, it was suggested that the whole entire yard and we compromised letting them put the 8 foot fence in the backyard. You know, 6 foot fence in the front yard doesn't do anything, evidently, because the just jump right over it. We have addressed it. I think that going back to it probably wouldn't be fruitful. I think that if, you know, we need to get along more, we need to get along better with the deer. We have to stop planting things that they like to eat, you know what I mean? I have been reading books on this, there are plenty of plants you can plant that they don't like, you know, that they tend to stay away from that can make your yard look just as well. A lot of it is native vegetation as opposed to what we are bringing in and planting which they seem to love, which are the expensive plants but besides that, I would hate to see 8 foot fences in the front yard even temporarily. There's other ways around that and I think those ways are how you plant your front yard. COUNCILMAN RULAND: Sir? Albie DeKirillis, East Marion Special Public Hearing page 10 May 28, 2015 ALBIE DEKIRILLIS: Good afternoon, Town Board. My name is Albie DeKirillis from East Marion. And Mr. Standish, so the bottom line is so I have an understanding, if the town waives this process, this would allow outsiders, non -locals to come over to Southold and effectively do deer management? Just so I have an understanding. Jeff Standish MR. STANDISH: No. This is, again, this is during the special shotgun season. Outsiders can hunt if they have the landowners endorsement of 10 acres. It is up to the owner of the property to allow the hunter to hunt the property. It has nothing to do with the town. A hunter would have to go to the farmer, the owner of the property fills out the landowners endorsement, signs it and he has it in his pocket. The DEC shows up, the guy doesn't have the endorsement, he gets a ticket. So yes, anyone can deer hunt, it's the landowner who owns the property that fills out the form. MR. DEKIRILLIS: Very good. Thank you. COUNCILMAN RULAND: And they have a valid deer hunting license. Alice Airs, Greenport ALICE AIRS: My name is Alice Airs, I live in Greenport and I want to say I think this is a fantastic idea. I am a charter member of the Wilton Connecticut deer management committee which was authorized 10 years ago. We had been working for 10 years to get authority to cull deer. We got authority to cull deer and now it has blossomed into a whole Fairfield County deer alliance committee. Many of the towns in Fairfield County now belong to it and are culling deer. It is the only way, as you know, and I know all of you have done research on how to manage deer and it is the only successful way of controlling deer that are over -populated. They are over populating, they are over -eating everything and I will tell you they are eating peonies and lavender which they do not eat and cannot digest well. They are eating everything, the young fawns eat everything because they do not know any better and it is causing environmental collapse in a number of places as you know. They have over -browsed and the things are just not returning. So thank you, anything you can do to help get rid of the poor deer, they are starving because there is not enough for them to eat, there are too many of them and they are just causing so many other problems with the deer ticks and the automobile accidents and everything else. So thank you, I hope you do approve this. COUNCILMAN RULAND: Thank you. Is there someone else that would like to address this? Linda Goldsmith MS. GOLDSMITH: I don't want to belabor the point, I understand what you are saying Mr. Dinizio but you are disenfranchising those people who grow gardens. Deer do like anything you grow in a garden. Deer don't know where the front yard, backyard and the side yard are. They don't have that kind of a sense of direction. I don't think they are that evolved yet and you also make it difficult for people who have a corner lot because then they are going to have two sides where the deer are just going to come and visit. So I do hope that you will look at it again. You look at many codes over again, you are revisiting the master plan and that certainly isn't the first Special Public Hearing May 28, 2015 page I1 time for that. I think it would behoove you to take a look and I would ask you to do so. Thank you. COUNCILMAN RULAND: Thank you. ASSISTANT TOWN ATTORNEY KIELY: If I may address that point, property owners can always seek a variance and get relief in the front yard and get an 8 foot fence, if on a case by case basis it is determined to be in the best interest of the homeowner and the surrounding neighbors. So there is an avenue for them to pursue already. Councilman Ruland COUNCILMAN RULAND: Is there someone else that would like to speak to this? (No response) Motion to close the hearing? Closing Comments Deputy Supervisor Ruland COUNCILMAN RULAND: There being nothing further on the agenda, can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 12:24P.M. Elabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Robert Ghosio, James Dinizio Jr, William P. Ruland, Jill Doherty ABSENT: Louisa P. Evans, Scott A. Russell