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Home My WebLink AboutTB-08/15/2017 ELIZABETH A.NEVILLE gyEFQ�� Town Hall,53095 Main Road TOWN CLERKa�O� CGGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�/ol �a�� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING August 15, 2017 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 15, 2017 at'the Meeting Hall, Southold,NY. Call to-Order 4:30 PM Meeting called to order on August 15, 2017 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name ' _Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland ' Town of Southold Councilman Present Jill Doherty _ Town of Southold Councilwoman _ Present Robert Ghosio Town of Southold Councilman Present - Louisa P. EvansSouthol Town of d Justice Present Scott A. Russell ; Town of Southold Supervisor 4Present_ �y I. Reports 1. Town Clerk Monthly Report 2. Zoning,Board of Appeals Monthly Report 3. Trustees Monthly Report 4. Recreation Department Monthly Report J 5. Programs for the Disabled Monthly ReportII. Public Notices III. Communications IV. Discussion Motion To: Motion to Enter Executive Southold Town Board Regular Meeting August 15, 2017 page 2 RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:03 AM for the purpose of discussing the following matters: CSEA and PBA Negotiations RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 1. EXECUTIVE SESSION- 9:00 Am - Rich Zuckerman Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 10:05 AM. RESULT: ADOPTED [UNANIMOUS] MOVER:, Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. OPEN SESSION - 10:00 Am -Jeff Standish 3. 10:15 Am -Anne Surchin,V.P. Historic Preservation 4. Councilman Ruland 5. Justice Evans 6. Amendments to Chapter 189 Beach Parking Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:07 PM for the purpose of discussing the following matters: Proposed Acquisition, Sale or Lease of Real Property where publicity of would substantially affect the value thereof Labor—Matters involving employment of particular person(s) Litigation RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 7. EXECUTIVE SESSION- Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof Southold Town Board Regular Meeting August 15, 2017 page 3 8. EXECUTIVE SESSION - Labor-Matters Involving Employment of Particular Person(S) 9. EXECUTIVE SESSION- Litigation Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 2:01 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 10. 10:30 Am - Mayor George Hubbard Jr., Greenport Village and John Bredemeyer, Southold Town Trustee 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:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledge Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I am going to invite anybody that would like to address any of the agenda items to please feel free? I believe we have one public hearing tonight, we will take comment on that when we open the hearing. On any of the other agenda items, anybody? (No response) V. Resolutions 2017-702 Southold Town Board Regular Meeting August 15, 2017 page 4 CATEGORY.• Audit DEPARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 15 2017. ✓Vote Record-Resolution RES-2017-702 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/AyeNo/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland VO-terF 0 ( ❑ I ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ 1 ❑ 1 ❑ ❑ Rescinded Robert Ghosio --- Seconde 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 I ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-703 CATEGORY.• Set Meeting DEPARTMENT. Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 29,2017 at Southold Town Hall, 53095 Main Road, Southold,New York at 7:30 P. M.. ✓Vote Record-Resolution RES-2017-703 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Ys/Aye eNo/Nay Abstain Absent ❑ Withdrawn James Dinizio JrVoter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ( ❑ ❑ I ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconde 0 ( ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover I 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 I ❑ I ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 15, 2017 page 5 2017-704 CATEGORY.• Budget Modification DEPARTMENT: Accounting Budget Modification -New Pager/Background Checks Financial Impact: Provide Funding for New Pager/Background Checks RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund 2017 budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $1707 Total $1707 To: A.3410.4.100.100 Supplies &Materials $7.00 Fire Coordinator Supplies A.1310.4.500.300 Fee for Service,Non-Employ $700 Total $700 A.7020.4.500.420 Fee for Service,Non-Employ $1000 Youth Program Instructors ✓Vote'Record-Resolution RES-2017-704 Q Adopted ❑ Adopted as Amended ❑ Defeated — ❑ Tabled Ye- -- s/Aye I N,/Nity7 Abstain I Absent ❑ Withdrawn James Dmizio Jr Mover Q ❑ 1 ❑ 1qE1❑ Supervisor's Appt William P.Ruland SeconderQ ❑ ❑ElTax Receiver's Appt Jill Doherty Voter Q j ❑ ❑ ❑ Rescinded Robert Ghosto Voter I Q ( ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q j ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ I ❑ ❑ ❑ No Action ❑ Lost 2017-705 CATEGORY.• Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Transfer of funds for the DOJ reimbursement from the 2017 BPVP Southold Town Board Regular Meeting August 15, 2017 page 6 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town Budget as follows: From: Revenues: Revenues A.4389.20 $1,300 TOTAL $1,300 To: Police/Soft Body Armor A.3120.2.500.700 $1,300 TOTAL $1,300 ✓Vote Record-Resolution RES-2017-705 Q Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye No/Nay Abstain A ❑ Tabled bsent - _s e No/ ❑ Withdrawn _ James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconde Q ( ❑ ❑ I ❑ --- - — ❑ Tax Receiver's Appt Jill Doherty Mover Q C1 ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Cleric's Appt Louisa P Evans Voter Q ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-706 CATEGORY.• Attend Seminar DEPARTMENT: Assessors C. Glew to Attend Workshop RESOLVED that the Town Board of the Town of Southold hereby grants permission to Claire Glew to attend an Agricultural Assessment Workshop in Millbrook,New York on September 12, 2017, all expense to be a legal charge to the 2017 Assessors budget. ✓Vote Record-Resolution'RES-2017-706 Q Adopted —��--�----� r Yes/Aye I No/Nay Abstain Absent ❑ Adopted as Amended 11 Defeated James Dmizio Jr Voter Q ❑ ❑ ❑ 11 Tabled William P Ruland Mover Q El 11 0 Withdrawn Jill Doherty Voter 0 0 I 0 ❑ Southold Town Board Regular Meeting August 15, 2017 page 7 ❑ Supervisor's Appt Robert Ghosio I Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconde 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter I 0 ( ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-707 CATEGORY.- Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #2 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt for Item#2, Oil and Stone: Southold Town Fishers Island Liquid Asphalt $4.90/sq yd $7.90/sq yd Schim Mix $115.00/ton $300.00/ton Fog Coat $25.00/ga $100.00/ga ✓Vote Record-Resolution RES-2017-707 0 Adopted ❑ Adopted as Amended ❑ Defeated V u Yes/Aye No/Nay F Abstain Absent ❑ Tabled ----- -- -- James Dinizio Jr Voter 0 ❑ ❑ El ❑ Withdrawn William P Ruland Voter 0 ElO O I ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter 0 j ❑ ❑ I 0 ❑ Rescinded Robert Ghosio jseconde [Z j ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost - --- -- - - -- - -- - - - - - - - 2017-708 CATEGORY. Bid Acceptance DEPARTMENT.• Town Clerk Accept Bid for Road Treatment-Item #7 Southold Town Board Regular Meeting August 15, 2017 page 8 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thomas H. Gannon& Sons, Inc., for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, as follows: BID # 1 Option#1 Option#2 Thomas Gannon&Sons Southold $4.49 $2.81 Fishers Is. $5.50 $3.65 Bid# 2 Southold $1.23 Fishers Is. $1.85 '✓Vote Record-Resolution RES-2017-708 0 Adopted ❑ Adopted as Amended ❑ Defeated No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn James Dinizio Jr Voter 0 j ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter ( 0 ❑ ❑ l ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Se- de 0 El ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I 0 1 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-709 CATEGORY. Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact:Reallocation of budgetary funds for upcoming EMD training RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: I i From: A.3020.4.200.100 Pub. Safety Comm/Utilities Telephone $1,000 Total $1,000 To: A3020.4.600.400 Pub. Safety Comm/CE i Southold Town Board Regular Meeting August 15, 2017 page 9 Training $1,000 Total $1,000 ✓Vote Record-Resolution RES-2017-709 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland I Voter R1 �❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconde Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-710 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Engineering Change Order#7 WIConsiruction Consultants/LI, Inc. -Highway Maintenance Building RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#7 to the Town of Southold Highway Maintenance Building Project Contract with Construction Consultants/LI, Inc. in the net amount of$3,551.68, pursuant to their Proposed Change Order dated March 9, 2017, subject to the approval of the Town Engineer and Town Attorney. ✓Vote Record-Resolution RES-2017-710 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ 11 Welham P.Ruland Seconde Q ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Mover Q El El 11 ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q El 11 ❑ ❑ Supt Hgwys Appt Scott A Russell I^Voter Q i ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-711 Southold Town Board Regular Meeting August 15, 2017 page 10 CATEGORY.• Budget Modification DEPARTMENT.• Justice Court 2017 Budget Modification Financial Impact: To cover the purchase of scanner from the JCAP award. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: To: A.1110.2.200.600 Other Office Equipment Shredder $1199.00 From: A.3089.30 JCAP Grant $1199.00 Vote Record-'Resolution RES-2017-711 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn James Dmizio Jr Voter lz El ❑ William P.Ruland Mover D ❑ Supervisor's Appt El El El ❑ Tax Receiver's Appt Jill Doherty Voter RI El ( ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans Seconded 0 ; ❑ I ❑ 1 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-712 CATEGORY.• Special Events DEPARTMENT: Town Clerk Family Day at North Fork Animal Welfare League RESOLVED that the Town Board of the Town of Southold hereby amends resolution#2017- 508, adopted at the June 2, 2017, regular Town Board meeting, as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Animal Welfare League to hold Family Day on July 29, 2017 August 26, 2017, from 11:00 am to 3:00 pm at the Southold Town Animal Shelter, 165 Peconic Lane Peconic,NY provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2017-712 0 Adopted Yes/Aye I No/Nay Abstain Absent Southold Town Board Regular Meeting August 15, 2017 page 11 ❑ Adopted as Amended James Dmtzio Jr jot�-, 7 Q ❑ ❑ ❑ ❑ Defeated William P Ruland Voter Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconde Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter Q ( ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-713 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #8 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item#8, Type 6 Asphalt, to be picked up by the Town: East Island Asphalt Corp Bid#1 $85.00 Corazzini Paving Products Bid#2 $72.00 ✓Vote Record-Resolution RES-2017-713,_ Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No&ay Abstain Absent ❑ Tabled � � — ---- James DmQ izio Jr Voter ❑ ❑ Withdrawn ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ( Q ❑ ❑ 1 ❑ - – ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-714 CATEGORY.- Bid Acceptance DEPARTMENT. Highway Department Southold Town Board Regular Meeting August 15, 2017 page 12 Accept Bid Item #5 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bid for Item#5, Type 6 Asphalt Road Treatment: Corazzini Asphalt Southold Fishers Island Virgin Materials 100-250 ton $114.00 $375.00 250-500 ton $98.00 $335.00 500-1000 Ton $90.00 $290.00 over 1000 Ton $90.00 $290.00 30% RAP -100-250 ton $95.00 $299.00 250-500 ton $85.00 $295.00 500-1000 Ton $80.00 $260.00 over 1000 Ton $77.40 $260.00 Bid# 3 $4.00 $20.00 Bid#4 $8.00 $90.00 Bid# 5 $1.20 $7.00 Bid# 6 $120.00 ✓vote Record-Resolution RES-2017-714 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn James Dmizio Jr Mover Q i ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconded Q 1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ( 0 ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-715 CATEGORY.• Surplus Equipment DEPARTMENT. Human Resource Center Decommission HRC Leased Vehicle N-16 and Return to Suffolk County Southold Town Board Regular Meeting August 15, 2017 page 13 RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment due to extreme wear and tear and excess mileage. HRC Fleet Vehicle N-16, a 2001 Dodge Suburban (VIN# 21341-11315X31K557104/Town Asset # 2704). This is a Suffolk County owned vehicle leased by the Town. This vehicle will be returned to the Suffolk County Department of Public Works in Yaphank immediately and removed from the Town's insurance. ✓Vote Record-Resolution RES-2017-715 0 Adopted ❑ Adopted as Amended ElDefeated Yes/Aye i No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William El Supervisor's Appt Jill P Ruland Secondeq D ❑ j ❑ ❑ Jill Doherty Mover [I Tax Receiver's Appt D j ❑ (0 ❑ ❑ Rescinded Robert Ghosio Voter 0 j El ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 j ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 i ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-716 CATEGORY: Budget Modification DEPARTMENT. Fishers Island Ferry District FIFD- Write Off Uncollectable Financial Impact: write off 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 July 10, 2017 in regard to the amount of$5,124.35. ✓Vote Record-Resolution RES-2017-716 0 Adopted ❑ Adopted as Amended El Defeated T Yes/Aye j No/Nay Abstain Absent ❑ Tabled �� — — - James Dmizio Jr Voter 0 F—❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Mover � D j 0� El El Jill Doherty Seconder D j ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Robert Ghosio Voter 0 El ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ( 0 j El 11 El El A Russell Voter D ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting August 15, 2017 page 14 2017-717 CATEGORY. Letter of Credit DEPARTMENT: Planning Board Accept Letter of Credit-Estates at Royalton RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable Standby Letter of Credit (ISLC) issued by Bank of America in the amount of$314,870.00 for the proposed Clustered Standard Subdivision entitled"The Estates at Royalton", SCTM#1000-113- 7-19.23, located at 55 Cox Neck Road, Mattituck, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-717 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty I Voter Q j ❑ I ❑ ❑ ❑ Rescinded Robert Ghosio Seconded Q ❑ ❑ l ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell I Voter Q ❑ ❑ ( ❑ ❑ No Action ❑ Lost 2017-718 CATEGORY• Performance Bond DEPARTMENT. Planning Board Accept Performance Guarantee Martz Standard Subdivision RESOLVED that the Town Board of the Town of Southold hereby accepts the cash payment in the amount of$6,425.00 (check# 5926) dated June 28, 2017 for the Performance Guarantee for the Martz Standard Subdivision, 555 & 315 Broadwaters Road, Cutchogue, SCTM# 1000-104- 12-6.1, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. ✓Vote Record=Resolution RES-2017-718 Q Adopted Yes/Aye I No/Nay Abstain I Absent ❑ Adopted as Amended James Dmizio Jr Voter F Q 1 ❑ ❑ ❑ ❑ Defeated William P.Ruland Voter Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter Q j ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover Q ❑ o 0 Southold Town Board Regular Meeting August 15, 2017 page 15 ❑ Supervisor's Appt Louisa P Evans Seconde D ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-719 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2017 Budget Modification -Highway Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Highway Fund Part Town budget as follows: From: DB.5110.4.400.300 Drainage Replacements $ 1,120.00 DB.5110.1.100.100 Full time Regular Earnings 10,000.00 Total: $11,120.00 To: DB.5140.4.400.600 Office Equip Maint/Repair $ 536.00 DB.5110.4.100.960 Drain Pipe/Rings/Cover 584.00 DB.5130.1.100.100 Brush weed Regular Earnings 10,000.00 Total: $11,120.00 ✓Vote Record-Resolution,RES-2017-719 . 21 Adopted ❑ Adopted as Amended ❑ Defeatedi— Yes/Aye No/Nay Abstain Absent ❑ Tabled -�• �� --- — ❑ Withdrawn James Dmizio Jr Mover t� ❑� ❑ ❑ William P Ruland Seconder ❑ ❑ El ❑ Supervisor's Appt Jill Doherty Voter ❑ Tax Receiver's Appt I I D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Eel ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans I Voter 0 ❑ , ❑ I ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 15, 2017 page 16 2017-720 CATEGORY.• Road Dedications DEPARTMENT. Town Attorney Blossom Bend Dedication WHEREAS, Flower Hill Building Corp. has made application to the Town Board of the Town of Southold to dedicate certain roads in Southold,New York, to be known as "BLOSSOM LANE EXTENSION" and a"DRAINAGE AREA" as shown on a certain map entitled"Map of Flower Hill Bldg. Corp. clustered Conservation Subdivision of Beach Plum Homes", filed in the Office of the Clerk of the County of Suffolk on November 1, 2006 as Map No. 11458, together with the release executed by the owner thereof; and WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED, that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is, given to the Superintendent of Highways to make an order laying out the aforesaid highways,to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED,that the Town Clerk be, and she hereby is, authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk,New York. ✓Vote Record-Resolution RES-2017-720 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James DmElizio Jr Voter I ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconde Q El ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q El ❑ ❑ I Robert Ghosio Voter ❑ Rescinded Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q I ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-721 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT.• Town Attorney Southold Town Board Regular Meeting August 15, 2017 page 17 Agreement with Chesterfield Associates, Inc RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute an agreement with Chesterfield Associates, Inc. renewing the contract dated August 17, 2015 for a period of one year pursuant to the terms of the aforementioned contract and the bid specifications, subject to the approval of the Town Attorney. ✓Vote Record--Resolution RES-2017-721 Q Adopted ❑ Adopted as Amended ❑ DefeatedYes/A e No/Na Abstain Absent ❑ Tabled y James Dmizio JrVoter Q El ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Mover Q ( ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ 1 ❑ ❑ Rescinded Robert Ghosio Voter Q j ❑ ( ❑ 1 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q El ❑ 11 ❑ Supt Hgwys Appt Scott A Russell I Voter Q ; ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-722 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT. Town Attorney Agreement with Latham RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute an agreement with Latham Sand and Gravel, Inc. renewing the contract dated August 17, 2015 for a period of one year pursuant to the terms of the aforementioned contract and the bid specifications, subject to the approval of the Town Attorney. ✓, Vote Record-Resolution RES-2017-722 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/AyeN1 o, /Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q El ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Vo-terj Q ; ❑ 1 ❑ ❑ ❑ Rescinded Robert Ghosio ISeconde Q j ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover I Q I ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 15, 2017 page 18 2017-723 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Town Attorney Retain Devitt Spellman Barrett LLP RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of Southold in an action in Supreme Court, Suffolk County, commenced by Four Crows Inc., d/b/a Croteaux Vineyards. ✓Vote Record-Resolution RES-2017423 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -- ❑ Withdrawn James Dmizio Jr Voter 0 El11 ❑� ❑ Supervisor's Appt William P Ruland Voter 0 ❑ I ❑ ( ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ I ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconded 0 ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-724 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT: Town Attorney Special Counsel for Surrey Lane, LLC RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of Southold in an action in Supreme Court, Suffolk County, commenced by Surrey Lane, LLC. ✓Vote Record-Resolution RES-2017-724 0 Adopted I Yes/Aye I No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P.Ruland Seconded Z ❑ ❑ ❑ ❑ Tabled 0 11 11 �� ❑ Withdrawn Jill Doherty Voter ❑ Supervisor's Appt Robert Ghosio Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter I D ❑ ❑ I ❑ ❑ Rescinded Scott A Russell Voter D ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting August 15, 2017 page 19 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-725 CATEGORY. Committee Appointment DEPARTMENT. Supervisor Appoint Alcohol Farm Products Member RESOLVED that the Town Board of the Town of Southold hereby appoints Kristina Gabrielsen as a member of the Alcohol Farm Products Working Group, effective immediately,term to expire December 31, 2017. ✓Vote Record-Resolution RES-2017-725 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye I No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn - James Dmizio Jr Voter 0 1 ❑ El ❑ - ❑ Supervisor's Appt William P.Ruland Seconde IBJ ! ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Rl 1 11 ❑ ❑ ❑ Rescinded Robert Ghosio Voter lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter I D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell I Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-726 CATEGORY. Employment-Town DEPARTMENT. Town Attorney Employment Termination WHEREAS, pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer was appointed to conduct a hearing on a disciplinary charge that was preferred against an Employee on or about December 30, 2016, with an amended charge served on or about February 7, 2017 (together, "the Charge"); and WHEREAS, on February 7, 2017, the Hearing Officer conducted a hearing; and Southold Town Board Regular Meeting August 15, 2017 page 20 WHEREAS, on May 12, 2017, the parties submitted post-hearing briefs to the Hearing Officer; and WHEREAS, on or about June 26, 2017, the Hearing Officer issued a decision in which he recommended that the Employee be found guilty of the Charge; and WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing Officer recommended that the Employee be terminated from his employment; and WHEREAS, the Board, having reviewed the Record supporting the Decision, has determined that the Decision contains certain statements that are unsupported by the Record, but that the Record otherwise supports the Hearing Officer's Decision. NOW, THEREFORE, BE IT RESOLVED, that the Town adopts in its entirety the Hearing Officer's Decision, including its findings of fact and recommended penalty, except as follows: 1. Page 3 a. In the second line: insert"not"before "bifurcated" (Transcript at p. 36). 2. Page 6 a. In the second paragraph: change "Flatley's" with"Wysocki's." 3. Page 7: Delete the last sentence in the first paragraph. 4. Page 8 a. In the first paragraph, last sentence: delete"as if found guilty warrant a penalty of dismissal from service." (Town Exhibit 2 contains no reference to a penalty.) 5. Page 9 a. In the second paragraph, last line: change "297e"to "207-c." BE IT FURTHER RESOLVED that, effective August 15, 2017, the Employee #9774 is found guilty of the Charge and terminated from Town employment. ✓Vote Record-Resolution RES-2017-726 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - James Dinizio Jr I Voter Q i ❑ ❑ ❑ ❑ Defeated William P.Ruland Mover Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio Voter I Q � ❑ I ❑ ❑ � ❑ Tax Receiver's Appt Louisa P Evans Secondee{ Q � El ❑ I ❑ El A.Russell Voter Q ❑ ❑ ❑ Rescinded 0 Town Clerk's Appt Southold Town Board Regular Meeting August 15, 2017 page 21 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-727 CATEGORY. Employment-Town DEPARTMENT: Town Attorney Employment Termination WHEREAS, pursuant to Town Law Section 155 and Civil Service Law Section 75, a Hearing Officer was appointed to conduct a hearing on a disciplinary charge that was preferred against an Employee on or about December 30, 2016, with an amended charge served on or about February 8, 2017 (together, "the Charge"); and WHEREAS, on February 8, 2017 and March 3, 2017,the Hearing Officer conducted a hearing; and WHEREAS, on June 8, 2017,the parties submitted post-hearing briefs to the Hearing Officer; and WHEREAS, on or about July 14, 2017,the Hearing Officer issued a decision in which he recommended that the Employee be found guilty of the Charge; and WHEREAS, on or about July 16, 2017, the Hearing Officer issued a revised decision correcting various typographical errors; and WHEREAS, in considering the totality of the evidence based upon the Record before him, the Hearing Officer recommended that the Employee be terminated from his employment; and WHEREAS, the Board, having reviewed the Record supporting the Decision, has determined that the Record supports the Hearing Officer's Decision. NOW, THEREFORE, BE IT RESOLVED, that the Town adopts in its entirety the Hearing Officer's Decision, including its findings of fact and recommended penalty, except as follows: 1. Page 3 a. In the second line: insert"not" before "bifurcated" (Transcript at p. 43). 2. Page 8 Southold Town Board Regular Meeting August 15, 2017 page 22 a. In the second line: insert"and Town Law Section 155" after"Civil Service Law." BE IT FURTHER RESOLVED that, effective August 15, 2017,the Employee #3832 is found guilty of the Charge and terminated from Town employment. ✓Vote Record-Resolution RES-2017-727 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/A— ye �No/Nay Abstain Absent ❑ Tabled -- ❑ Withdrawn James Dmizio Jr Voter 0 El 0 0 ❑ Supervisor's Appt William P.Ruland -Seconded 21 1 ❑ 1111❑ Tax Receiver's Appt Jill Doherty Voter I 0 1 ❑ ❑_ ❑ ❑ Rescinded Robert Ghosio Voter 0 I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 j ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 j ❑ 0 ❑ ❑ No Action ❑ Lost 2017-723 CATEGORY.• Special Events DEPARTMENT.- Town Attorney Special Event Appeal Decision RESOLVED that the decision of the Chairperson of the Zoning Board of Appeals dated June 23, 2017 denying the Special Event application of Old Town Farm to hold a private wedding on September 30, 2017, is hereby reversed, and the Chairperson of the Zoning Board of Appeals is hereby directed to issue the Special Event permit for the aforementioned special event, subject to the following conditions: 1. That prior to the issuance of the Special Event Permit,the applicant shall provide proof of payment for 100 juvenile living Christmas Trees as set forth in the contract annexed to the application for a Special Evet Permit, and: 2. That any noise emanating from the subject property shall be in compliance with section 180-6 of the Town Code, and: 3. That there shall not be any amplified music at the subject property on the day of the event after 10:00 pm, and: 4. Access from Willow Pond Lane to be for Emergency Vehicles only. Southold Town Board Regular Meeting August 15, 2017 page 23 ✓Vote Record-Resoldtion RES-2017728 0 Adopted ❑ Adopted as Amended ❑ Defeated T� yes/Aye No/Nay Abstain Absent [I Tabled ❑ Withdrawn James Dmizio Jr Voter 10 ❑ ��O ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ El ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D I ❑ El El ❑ Rescinded Robert Ghosio Mover D I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconde 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 728 SUPERVISOR RUSSELL: I have a few stipulations because I reviewed the application and these are necessity. I want to add one or two but I need to know, do we move forward with that? Can I just have someone read the resolution and then Board members amend it if you have something to add to it? At least have something to vote up or down. There is one other issue, on the map it discusses what, I guess the original map said secondary access from Willow Pond and that was changed to emergency access. Can we restrict that to access by emergency vehicles? TOWN ATTORNEY DUFFY: Yes. SUPERVISOR RUSSELL: Okay. Yes, emergency vehicles only. COUNCILWOMAN DOHERTY: He has a lot of parking there.... SUPERVISOR RUSSELL: It says emergency access, I just want to clarify that it's emergency vehicles. And he has two points of access, ingress and egress from Bayview. COUNCILWOMAN DOHERTY: And they can drive their car over there. Okay. SUPERVISOR RUSSELL: Okay, can I get a motion? COUNCILMAN RULAND: Question. The question that was just raised, that's added? Those stipulations to the condition? TOWN ATTORNEY DUFFY: Yes. SUPERVISOR RUSSELL: Before I vote I am just going to ask the Board that we sit down with the special events legislation in the near future and try to close loopholes. We created a standard with regard to demonstrating that there is the over-used word nexus between the agriculture and Southold Town Board Regular Meeting August 15, 2017 page 24 the event,there is a stipulation in there that you have got to prove you sold the stuff and if he can submit that, I will vote yes. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearings 8/15/17 - 4:31 Pm - Special Events Appeal COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday, August 15, 2017 at 4:31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of The Old Town Farm. I do have a notarized affidavit that this has been noticed and published on the Town Clerk's bulletin board. I also have a letter here that this was published in the August 10 addition of the Suffolk Times. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular public hearing? Please. BESSIE HATZIS: Hi, my name is Bessie Hatzis and I live in Southold part-time. I am the neighbor of Edward Dart who is making the application for a special permit. First of all, I would like to thank you for giving me the opportunity for a chance to speak. I have been a neighbor of Mr. Dart for over 10 years now and one of the reasons that we did purchase that piece of property was because it was a very scenic tree farm with a lot of families, came to visit the tree farm during Christmas time, it was a nice site to see sitting out on the deck because we are literally right on the farm. You know, his customers walking back and forth on our backyard, we never said a word. Mr. Dart asked to speak to us, I guess it was about a year ago with his intentions of wanting to clear trees out and to start holding special events. We objected from the first moment we heard about the idea. Mr. Russell, Mr. Duffy, I did send a letter to both of you, I do have a copy of it here if you would like to see it again, just let me know. But we have concerns, you know, anybody would over, you know, the obvious, the property values. I have a picture of October 1St, it was my birthday last year, and there is a giant tent in Mr. Dart's backyard and before you knew it, I am hearing music until 11:00 at night, my floors are bouncing up and down. I was not happy. We bought a house so we can peacefully enjoy it not so we can run the other way because he is holding a special event. How can I not be concerned about people that are now on his property, no fence around, drinking. The normal problems, coming out of the tent, going to the bathroom in all our properties and I feel that we weren't given the opportunity to fight this. I just happened to see somebody showing the property last weekend, so I decided to see if there was anything going on and found that there was an appeal Southold Town Board Regular Meeting August 15, 2017 page 25 for a permit and that is why I am here, to voice my concerns. My objection of something being held in my backyard. Now, it is my belief that Mr. Dart doesn't live at his tree farm and I respectfully would want to ask him if he would want this in his own backyard because if that's the case then perhaps the permit should be for his own backyard and not at my homes backyard. Thank you. Does anybody want to see the letter? SUPERVISOR RUSSELL: Please. MS. HATZIS: I had concerns about the zoning designations (inaudible). SUPERVISOR RUSSELL: Thank you. I am trying to recall if it was you or a neighbor that actually had come in to see me about this issue last year. MS. HATZIS: It must have been a neighbor (inaudible). SUPERVISOR RUSSELL: Does anyone else want to comment? ED DART: Hi, I am Ed Dart, the property owner and applicant before you today. I stated my case in my letter of appeal to you and I can assure you, all of you and Bessie, that the farm continues to be, as it has been in our family for 100 years, as idyllic and peaceful and beautiful and even more so than ever before. I know nothing about what she speaks of raucous behavior. In my opinion and anyone else who was there, it was a fantasy, beautiful, peaceful, fairytale type wedding reception. We were very respectful, not I but those people that held the event, were very respectful and the event did not, certainly did not continue to 11:00. It was all packed up and done by 10:00 or 10:30 at the very latest. Somewhere's between 10: 00 and 10:30. It was you know, a very nice low key event and I would like to have another one and I respectfully request that you honor my appeal. SUPERVISOR RUSSELL: Yes, I just want to ask a couple of questions. First, how many acres is the size of the whole parcel? MR. DART: Seventeen point five four (17.54). SUPERVISOR RUSSELL: How many acres do you get an exemption on? MR. DART: Maybe 12. SUPERVISOR RUSSELL: Okay,just one thing, I think there's a misunderstanding on... MR. DART: I am not sure about that number but something like that. SUPERVISOR RUSSELL: I think one thing I should clarify tonight to you and everyone else that seems to be in the special events business, other than incidental uses, if people are hosting special events on farmland they are not entitled for the long term purpose, an agricultural exemption. It sounds like you might have five acres left over there, so it might not be the issue Southold Town Board Regular Meeting August 15, 2017 page 26 in this case, I just think for general clarification which you raised in your letter, no, regular use of farmland for special events for a venue would disqualify for an exemption. MR. DART: This year the Assessor's came around and took land out of our agricultural exemption. SUPERVISOR RUSSELL: Then it sounds like that was accounted for. That's great. COUNCILWOMAN DOHERTY: I have a couple of questions. On your application you say the event is 4:00 till 11:00. Is that for the music going till 11? Or is 11 when they are totally out of there? MR. DART: 11 is when they are supposed to be packed up and done. The event is, music is supposed to stop by 10:30. Maybe it's 10:00. But it is certainly well before the 11:00 hour. COUNCILWOMAN DOHERTY: My other question is, not knowing exactly where your house is, is there an opportunity for you to put some temporary fencing or barrier, so people don't cross your property line onto the neighbor's property to say, go to the bathroom or smoke a cigarette? MR. DART: That's not happening, no one is crossing onto their property. It is completely closed, we could put a wire up or something if we had to or a fence or something but her place is completely screened by trees. Maybe they haven't completely grown together yet and listen, things are changing a bit. We did move some trees around and we are reshaping the way that the fields look but things have to change from time to time in every form of agriculture and in everybody's world, things change. And I am re-sculpting and reshaping but people that come in to my farm today say, Ed Dart, you should find some way that let more people share in the beauty of this place. They said I should have a ticket booth out front to let people come in, to pay, to see how beautiful it is. I invite all of you to come in, it's breathtaking. And everybody is respectful of our neighbor here but our neighbor isn't here very often. COUNCILWOMAN DOHERTY: So back to my question, is there a way that you can put a barrier from your property to make it very clear to the guests on your property.... MR. DART: Sure. COUNCILWOMAN DOHERTY: That your property ends here and this is somebody else's private property. MR. DART: Sure. I could run some posts and things like that. it is pretty apparent now but we can make it impervious if need be. COUNCILWOMAN DOHERTY: I don't know... MR. DART: Sure. Southold Town Board Regular Meeting August 15, 2017 page 27 COUNCILMAN DINIZIO: A couple of questions, the lady said that there was some violations of people going to the bathroom... MR. DART: Urinating on her property? COUNCILMAN DINIZIO: Is that correct? Are there any complaints about that? MR. DART: No. No complaints whatsoever about that. COUNCILMAN DINIZIO: That's okay. MR. DART: They had bathrooms there that were so elegant that you wouldn't want to go outside. COUNCILMAN DINIZIO: I just wanted to know if you were aware of that. MR. DART: No. COUNCILMAN DINIZIO: Also, your parking. How do you intend to handle, looks like you have got about 20 cars or so that will be able to park on your property? MR. DART: Oh, no. I have calculated the parking space at the state 300 feet per car area and I have provided a detail parking plan with the application, showing easily parking for up to 200 cars, if need be. COUNCILMAN DINIZIO: Okay, I must have, because I just see for 20. MR. DART: That would be a lot. I calculated all that. COUNCILWOMAN DOHERTY: In what area? I am just looking at this farm map. MR. DART: Not that one. It's not on there. COUNCILMAN DINIZIO: Because that's the one I have. MR. DART: Well... COUNCILMAN DINIZIO: It has 20 spaces. MR. DART: That's last years application. COUNCILMAN DINIZIO: Okay. Southold Town Board Regular Meeting August 15, 2017 page 28 MR. DART: Which was less complete than this year's application. This year's application was detailed and I think I addressed every possible concern that had ever been, could ever be considered. COUNCILMAN DINIZIO: Okay. COUNCILWOMAN DOHERTY: So where do you have the parking, just based on this map? Just so we are clear because I don't think we have the other map. MR. DART: Well, all of this here,this here, this here... COUNCILMAN DINIZIO: We don't have that. MR. DART: Inaudible. COUNCILMAN DINIZIO: Well, that's alright, we'll take that into consideration. Part of your application. With respect to the music that you are going to be having, is that amplified music? MR. DART: I am not having the music. The people that are going to be hosting their own reception are having the music. I am just making the place available to them. Will they have amplified music? I believe that's the way that it is, yes. COUNCILMAN DINIZIO: Okay. MR. DART: But, toned down and directed away from the closest neighbors. COUNCILMAN DINIZIO: Okay, so you have considered or your applicant has considered... MR. DART: Definitely. COUNCILMAN DINIZIO: Good. MR. DART: I don't like to have to come in here like this or to face concerns by my neighbors. COUNCILMAN DINIZIO: So are you a bona fide agricultural.... MR. DART: Yes. COUNCILMAN DINIZIO: Okay. Because I read your first letter from last year and basically kind of went through your trials of being in business as a tree farmer and I was wondering if you could just kind of run that down for us for the record. MR. DART: Sure. Well, I am the third generation proprietor on the farm. My grandparents bought it around the turn of the century. That's the other century. And when my grandfather got ready to retire, his solution was to sell off half of the farm for houses. And then my parents Southold Town Board Regular Meeting August 15, 2017 page 29 continued after that and when they became retirement age, their solution was to sell off half of the remaining half. So I am left now with a little piece and I am trying to do things now to find a way to keep what's left. Now, we raise Christmas trees and we raise container grown nursery stock. Lots of them. So I had another career for many years that kept me busy and I couldn't be in the day to day tending of field crops like corn and tomatoes like my ancestors did, so for me, nursery stock was the way to go because it was a bit more forgiving kind of agriculture. But I am finding that really there is no easy way, no matter what you are growing, there's huge demands on time and talent. So, I am continuing it in the tree business and I have trying to keep it all going. I really just love my farm and my family heritage and I am just trying to, like I said, keep it afloat. And people that come to visit, they are taken back that there is something this pure and this beautiful still in existence by people who are doing it all by hand and that's what we are. COUNCILMAN DINIZIO: So the farm has been in that location for how many years? MR. DART: Well, the buildings were built in 1753. I mean, it's an historic place,just to come in to see it. we have got, I have my collection of antique farm equipment, that people like to see and enjoy, like I say but my family has been farming it and doing it the hard way for 100 years. And I am just trying to, I am getting older too and I don't want to have the same solution that my parents did. COUNCILMAN DINIZIO: Now, so the homes that surround you farm, they were actually part of the farm at one time? The homes that surround your farm right now. MR. DART: Were our land. COUNCILMAN DINIZIO: Alright. I see. Now, the only thing that honestly that really concerns most people is that band and that music and you know, I understand that a wedding is a celebration and I was just wondering if there was any way that you could lessen the amount of time that that band is playing? Or direct it, put it in a building or.... MR. DART: Well, I can't get it inside but I have told the people that they need to be respectful of everyone near us and cautioned them about sensitivities, told them that it should be over by 10:00, 1 think that's in my contract but it might be 10:30, I am not sure but I believe that the town code talks about the noise level changing at 11:00 so I am trying to do it earlier than that and orient any music away from the closest neighbors like I said. And listen, I don't want that kind of raucous stuff myself, I mean, I am just not that kind of guy. I don't want the sort of problems and sort of raucousness that exists at some of the other places and certainly, I don't want it to be alcohol driven type event place like so many of the other ones are. You know, this is low-key and natural and incidentally, the people who are having the wedding are a local family who have been our employees. So it's a, it's practically family. COUNCILMAN DINIZIO: I think I just have one more thing. The product that you are going to sell to them because that has to be part of the nexus, what is that? Explain that to us. Southold Town Board Regular Meeting August 15, 2017 page 30 MR. DART: They are young Christmas trees. COUNCILMAN DINIZIO: Okay, so they are grown on your farm? That type of....how do they come? Do they come in a package? Container? MR. DART: Well, it depends on how they want to package them up. Sometimes, well, there has only been one time, and they were put into little burlap bags and they put ribbons around them and the family guests take them home and they just think it's a beautiful, lasting souvenir. It's really nice, it's better than a bottle of wine with your name on it or some other piece of plastic with some soap or whatever they give away at other weddings. This is really nice, a personal tribute that is a lasting thing that connects not only with the wedding but particularly connects them with our farm. I think it's a full circle what we are doing there. COUNCILMAN DINIZIO: Okay. would you have any objection to shutting that music off at 10:00? MR. DART: Personally, I would be happy to shut it off at 8:00. COUNCILMAN DINIZIO: If we grant you a permit, would you... MR. DART: I need to tell the people, I mean, I will tell them 10:00. If you would like to stipulate that, I mean, I could tell them that. if that would be a stipulation, I guess we would all have to live with it. COUNCILMAN GHOSIO: What time is the reception starting? MR. DART: Boy, you are asking me for details on that stuff, they are getting married there so, I am not sure now. I think that starts around 4:00 or 5:00. I really am sorry, I am sorry Bob, I don't have that particular information. COUNCILMAN RULAND: It's obvious to me that there's a difference of opinion and that's pretty much the case in many things where one person sees or perceives something in one way and the other person says I don't see that to be the case. Since one person has spoken about a previous event to which you responded in a different light, where you present for the entire time of that event? MR. DART: No. COUNCILMAN RULAND: Where you or will you be present for the entire time at the proposed event? MR. DART: Yes. INAUDIBLE COMMENTS Southold Town Board Regular Meeting August 15, 2017 page 31 MR. DART: I was an invited guest at the other one, but there was, I haven't gotten an invitation for this one but I am certainly authorized to be there. COUNCILMAN RULAND: I would certainly hope so. SUPERVISOR RUSSELL: I will say that the couple isn't applying, you are, for the special event permit, so the onus is going to be on you for compliance. MR. DART: Right. Now, you know, we only had one event and it was unfortunate that Bessie should be unhappy with the one we had because really, I barely ever see lights on in the house. I don't even know that they are there that often. If I am there 365 days a year and they are there only a few, I guess they still have every right to be here, you know but... SUPERVISOR RUSSELL: We are going to ask everybody to address the Board directly. Alright, this... COUNCILMAN RULAND: I would think you are looking at that wrong because while if you look at the, for instance, the symbol of justice, the lady is blind okay? There is a blindfold. And whether it's this neighbor or the neighbor next door to that, the onus is still the same. And certainly, our concern is for the neighborhood as well as for you and your operation but I think that everyone has to have an understanding that given the location of some of these places, these types of things that are expressed can become a problem because of the proximity to the farm of certain houses that are in a certain direction where you have stated that you can mitigate that somewhat by having... MR. DART: I do the best I can. I will do the best I can. COUNCILMAN RULAND: Well, I think that's imperative that be done because there's, well, the fact of the matter is, if the Town Board were to say we are going to grant your appeal and if we were to impose stipulations that if they were not followed, it would be very difficult for me in the same situation the next time to ever grant another one because of the fact that it would appear that based on the experience, it was going to from what was perceived bad to worse. That's all. I have no more questions. COUNCLMAN GHOSIO: On a day to day basis, it's obviously a working farm. What kind of noise do we have there on a day to day basis from the actual operations? Do you have machine noise, is there a lot of noise there? Trucks coming in and out? I am just kind of curious as to you know? MR. DART: Well, we have trucks coming and going. They are not actually noisy. Probably the noisiest thing are chickens. They get squawking and they, that's probably the noisiest thing on a daily basis. COUNCILMAN GHOSIO: But aside from that, machinery, processing... Southold Town Board Regular Meeting August 15, 2017 page 32 MR. DART: Well, we are out there mowing the grass. COUNCILMAN GHOSIO: Okay. MR. DART: We do that. Not a particularly noisy operation. COUNCILMAN GHOSIO: If you were growing other products and doing other things, presumably you could potentially have more noise and it would be perfectly within the scope and the expectations of what you would have on an operating farm. MR. DART: Could be noisier than we are. Yes. COUNCILMAN GHOSIO: And you have only had one of these events in the past? MR. DART: Mmmhmm. SUPERVISOR RUSSELL: Are you done, Bob? COUNCILMAN GHOSIO: Yes, I am. SUPERVISOR RUSSELL: You know, this is the one thing you had said, that things change. That's the issue with zoning. They are not supposed to change unless the zoning does. And what I think, look, we have created a standard with the special events legislation, basically we created legislation as a means of someone to market their crops. What's happening is, not just there but everywhere else, people are using the special event as a means of generating income and that's not the intent. They are supposed to be on site to market and sell their products. I think, look, I am going to be honest, under the current code, under the standards we have set, you are probably entitled to a permit. We have issued a lot of similar ones. I don't know, I am still thinking about it. but one thing, I think from the larger perspective, this Board really has to sit down and reexamine the special events legislation because the whole purpose wasn't to open up opportunities to create venues, it was supposed to be a direct link between selling things, growing things and then selling things. And incidentally, New York State law requires that we recognize special events as a bona fide issue on farms, provided that there's a marketing component. However, it does give us the ability and the right under the law, it's not absolute, we do have the rights to put standards in place to make sure that the income earned from special events don't exceed a certain percentage of the sales. And I think when we sit down and reexamine the special events code, we ought to look at the State's legislation very carefully. MR. DART: We do need to find ways to market our products. SUPERVISOR RUSSELL: And the town code can provide a special events, the town can let that happen but it also has the right to limit how much money can be made beyond the sale of the crops themselves. MR. DART: I don't expect this event thing to be big part of my... Southold Town Board Regular Meeting August 15, 2017 page 33 SUPERVISOR RUSSELL: I am not suggesting in your case. I am saying generally, site fees and all that stuff, the town has a right to regulate that based on Ag and Markets law. Ag and Markets statute but that's an issue for another day. That's not the issue today. COUNCILMAN DINIZIO: Well, with respect to what you just said, three adjoining residential property owners citing excessively loud music. Did you get any citations for that? MR. DART: No. COUNCILMAN DINIZIO: Were there any citations given from last... MR. DART: No. No violations, no reprimands, nothing. It's a surprise to me where that comment came from. COUNCILMAN DINIZIO: Okay. MR. DART: I don't know if they were anonymous complaints or what but they were not ever made known to me which I think is unfair. COUNCILMAN DINIZIO: How many, I mean, what is your intention? You came last year and you had an event, it was an approved event. You are having one this year, if we approve it. is it one a year? Is it five? What is your.... MR. DART: Well, I don't want it to get run away, that's for sure, but I would, what would I hope to have, going forward? Is that what you are asking me? COUNCILMAN DINIZIO: Well... MR. DART: I don't know. I would like to talk about this one at a time first, before we go into... COUNCILMAN DINIZIO: I just thought I would ask that question. I think that's all I have. SUPERVISOR RUSSELL: One other issue with the special events code is unfortunately the noise code, special events are excluded from the noise code, at the time there was a purpose behind that but what we are finding is that it's just not workable. We need to apply the noise code to any special event that is taking place. MS. HATZIS: First of all, the police were called and the officer did tell me that they were going to go over. So Mr. Dart was not there, he was probably not aware of that situation, so it's not a surprise to me. Second of all, you know, when we were talking about his idea, he was going out to wedding planners to you know, basically sell his property to them. You know, advertise it. so my impression is not one at a time, my impression is two a weekend for every weekend that is possible. 1, there was a noise issue, I am in my house with the TV blasting and I am still feeling the bump, bump, bump till 11:00 at night. it's unfair, if he's going to have to hold events, can Southold Town Board Regular Meeting August 15, 2017 page 34 you not hold them till 5:00 PM? I don't know what the town codes are but I think he is not telling us the truth. That is just my opinion. Thank you. One more thing, I don't believe that enough income can be generated from one event a year to make up for everything he is having us believe. SUPERVISOR RUSSELL: Okay. Would anyone else like to address the Town Board? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to address the Town Board on any issue? Councilman Dinizio COUNCILMAN DINIZIO: I would just like to say, especially about this special events thing, I went over all the special permits that were issued by the ZBA chairman and there is definitely a need to limit these and there is also plenty of evidence that there are a couple of real big offenders in the town that need to be limited. There are no more than five permits, maybe six, it's all on the town website now. We placed it on there so anyone can go and look at the calendar and see who is having an event, and who has been issued a permit, what permit number it is. But we need to address and like the Supervisor said, the thing in its entirety because there are people, farmers, that look back or that are sitting there on their farms looking at some guy holding 22 weddings a year and saying hey, why can't I get in on this action? And honestly, I think that it's something that we need to look at and limit in some fashion because I can recall, if you want to talk about just plain wineries and how they had presented it themselves when I first started with this in the town, it was just going to be cheese and crackers and a little wine and some guy playing a guitar or a violin. And it's turned into a thump, thump music and pump up the volume. It needs to be addressed. SUPERVISOR RUSSELL: I am just going to disagree with Jim just a little bit. When he refers to offenders, actually they got their special events permits. They are compliant with the code, not offenders. I would say that at the failure of the code isn't the applicants themselves, it's the code itself. And I think we need to create stronger language, so the original intent which was to promote the sale of the agricultural product is not just spelled out and required, it's in bold letters. COUNCILMAN DINIZIO: Yes, I will amend it. We are the offenders. Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I haven't seen you since the meeting we had regarding the beach issues. And I just wanted to know, well, first I wanted to say that was Southold Town Board Regular Meeting August 15, 2017 page 35 supposed to be an hour, ended up being over 2 1/2 hours and thank you all for that attention. But you had mentioned that you were going to follow up there, obviously, you are not going to really resolve anything this year, that would just be foolhardy and you would end up with a bunch of problems because you would have done something in a rush. But it seems to me, we have a growing issue here and as our constituency is changing, the issue is going to continue to grow with displeasure to some and like what you were just speaking of, I think it needs to be resolved in a way that this can be done and this can't be done and this is what we can expect and this is what we can't expect and I would just like to get a response to that. SUPERVISOR RUSSELL: We are actually working on, you are talking about beach issues, we are working on a lot of different initiatives. We did button up some things today that we expect to be able to go out in two weeks, some by resolutions, some by local law I believe. The creation of certain permits, the increase of fees in other permits. It's an ongoing discussion. I know that I would certainly support limiting future permits to vehicles only not campers, things like that. There's so many different issues. If we were to try to get it all done at one time, invariably it would take months and I am not sure we could get it done. So we are taking off and getting these smaller initiatives done with.... MR. DUNN: What you can, sure, I agree with that. But I also think that it's going to take months, could take a year. It could take more, I mean, but this is not something that is not for next summer or this summer, this is something that's going to be forever. So if it takes a year and a half, fine. SUPERVISOR RUSSELL: I would expect things to get done before 2018 season. That's our goal. MR. DUNN: And that would be good, too. There are some things that come back to bite you. you know, we did the things with the dogs and I know you find this humorous but you have literally turned Goldsmiths beach into a dog park because it's now the only place you can bring a dog. COUNCILWOMAN DOHERTY: That's not true. MR. DUNN: Yesterday there were four dogs unleashed running around. COUNCILWOMAN DOHERTY: There's a leash law. They still should be on a leash. MR. DUNN: But nobody's enforcing it. COUNCILWOMAN DOHERTY: Yes, it always comes down to enforcement. MR. DUNN: But I am looking at our police commissioners. It needs to be enforced and I don't want to hear anything from anybody out there, you are the police commissioners. Tell your police department, this needs to be enforced. You have that choice. You have that power and Southold Town Board Regular Meeting August 15, 2017 page 36 quite frankly, you kind of created this monster as a board by deciding that Goldsmiths would be the only legitimate beach in Southold township that allows dogs. COUNCILWOMAN DOHERTY: That's not true. MR. DUNN: You can't go if there's a lifeguard. COUNCILWOMAN DOHERTY: Correct. And the lifeguard is there between 10:30 and 5:00. MR. DUNN: Okay, and if you are at the beach yesterday, there were dogs running all over. Unleashed. They can't even go to a lifeguard beaches. They can't even be present at the lifeguard beaches while the lifeguards are there. And I have no problem with any of these laws. I am basically talking about enforcing them. I don't want to chase your dogs away from the beach. No way. My neighbors bring their dogs nicely to the beach longer than I have been here and I don't want to see that change. But I want to civility on the beach and if people are not going to be civil, I don't want to be the one responsible to go down and tell them they have to be. I want the people that are paid to do that to go there and see that it's done. I mean, someone is wading in the water, you shouldn't have to watch a floater going by because someone is letting their dog go in the water. It's not supposed to be unleashed. COUNCILWOMAN DOHERTY: I asked last year, I asked the chief to put another TCO officer and this year I asked him to also add another one and see what, you know, the budget and present that to the rest of the Board to see whether we can have another TCO so we can have better flow and more time span of enforcement around our road ends, our beaches... MR. DUNN: This is one of the reasons I am suggesting maybe we all get together again and give you feedback. SUPERVISOR RUSSELL: I just want to clarify that TCO's I don't think would be permitted to address the issue of zoning. MR. DUNN: Zoning? COUNCILWOMAN DOHERTY: Zoning, well, dog's on the beach. SUPERVISOR RUSSELL: It's an ordinance and I don't...do they have the right, Bill? TOWN ATTORNEY DUFFY: They are just parking. SUPERVISOR RUSSELL: Okay, they are just parking. A code enforcement officer could, a police officer could. MR. DUNN: Okay. Southold Town Board Regular Meeting August 15, 2017 page 37 TOWN ATTORNEY DUFFY: Are you calling code enforcement or the police and not getting any response. MR. DUNN: I didn't call anybody on it yesterday. I just didn't. Not yesterday, this weekend. I knew I was going to be here and I really think it's a long term issue that needs to be resolved. because you did create the rules, I think the rules were good, I am not against them but an uncomfortable outcome of that rule is the one place that people can bring their dogs is Goldsmiths. And let them come but let's do it, I don't want this to become a dog issue. I really don't. there's a number of issues that I am sure are happening at all the beaches on all the roads, the parking, the speeding, the garbage, the ice cream trucks that are there 20 times a day with the bells and we issue them a vendor's license, put it on there, turn your damn bell off. When you get out of your chair and you are selling ice cream, turn you bell off. Everybody knows you are there. You are making money, so that I have got to have an ice cream truck in front of my house for two hours on a Saturday and Sunday. If you add it up, each one of them is coming four or five times, staying for 10-15 minutes and the last time I spoke to this, somebody behind me showed me an email that he had from one of his neighbors on that same issue and I have spoken to three people since because people do watch this on TV and they will see me on the street and say you are right on that one. COUNCILWOMAN DOHERTY: Bob, I wanted to take this opportunity to remind everybody that there is a leash law, that the dog has to be on a leash at all times and there is in our code that you have to pick up after your dog and that doesn't mean pick up and put it in plastic and then throw the plastic on the road, take it home, put it in the garbage properly. And regardless of you know, too many dogs at one beach, they still need to be on the leash and they still need to.... MR. DUNN: They don't have to be on the leash at all times. COUNCILWOMAN DOHERTY: Yes, they do. When they are on public property they have to be on a leash. MR. DUNN: I think before 9 and after 5, they don't have to be.... COUNCILWOMAN DOHERTY: No, they have to be on a leash. They have to be on a leash. SUPERVISOR RUSSELL: I will get clarification on that. MR. DUNN: I didn't believe so, and I don't have a problem with that. COUNCILWOMAN DOHERTY: The leash law was not part of the changes that we made. The leash law was in place already. SUPERVISOR RUSSELL: I have got to, I will look at that. I, that was a couple of years ago and I so hammered I don't really remember every aspect of it but I do believe that there was a limit in terms of the leash law, on the leash and then under the control of the owner. I do have to Southold Town Board Regular Meeting August 15, 2017 page 38 tell you just so you know, we didn't make the rules laxer, we at least put some rules in place where there were none and I know it wasn't a perfect solution. Under the circumstances at the time we did the best we could to balance out all those different interests. MR. DUNN: Again, I don't have a problem with dogs there, I don't have a problem with dogs off the leash, but not during the day when you have got 30-40 people and kids on the beach and now you got 4 unleashed dogs running around and that's just an invitation for disaster. SUPERVISOR RUSSELL: They have to be leashed. Jill is 100% correct. COUNCILWOMAN DOHERTY: On public property. SUPERVISOR RUSSELL: It's an enforcement issue. I agree with most of what you say. it is an enforcement issue. We are having ongoing discussions about the problem at the beaches. We actually had a pretty lengthy discussion this morning, focused on one aspect of it and that was the cost of maintaining these beaches and the fact that we were in the garbage business now and we need to figure how to get out of that. Because I think our estimated cost this year just for garbage was 2016 $161,000... MR. DUNN: Picking up the cans. SUPERVISOR RUSSELL: Picking up the cans, we have to pay to throw out that garbage. We have to pay the solid waste district. $161,000 in 2016 much much higher in 2017. MR. DUNN: Regarding the garbage, that takes some focus. What's the fine? SUPERVISOR RUSSELL: It's $1,000.... MR. DUNN: You catch four people doing it, I can guarantee you, that will stop. Nobody gets caught, when was the last time somebody paid that fine? Do you know? SUPERVISOR RUSSELL: Not in the twelve years as being Supervisor. Now, this is the issue... MR. DUNN: So what's the point of having the law if you are going to be... SUPERVISOR RUSSELL: This is the circular argument, how do you catch them? It takes but a few seconds to throw it in the can and quite honestly, we have never even defined household garbage in those cans. We had people leaving coolers and beach chairs... MR. DUNN: You could say that's garbage from the beach. SUPERVISOR RUSSELL: Well, that's what John Betsch said today. But I do not know why somebody whose chair broke or whose cooler broke would expect the rest of the taxpayers of Southold Town to pay to throw that out. Southold Town Board Regular Meeting August 15, 2017 page 39 MR. DUNN: I agree with you. I agree with you but I am just saying there's some wiggle room... SUPERVISOR RUSSELL: There shouldn't be. MR. DUNN: But when somebody brings a shopping bag to the beach, walks down the road, goes to the beach, puts it in the can and then leaves, that's obviously household garbage. When you get the same person doing it every day and you see that going on, somebody sitting there in an unmarked car and maybe it takes some effort and maybe it doesn't seem like a good idea but somebody sitting there and I am telling you, catch four people and make four people over the course of year pay $1,000 and that will stop. SUPERVISOR RUSSELL: I agree and you know what? We talked about it a few years ago and we really need to sit down and figure out a way, I think if you issue violations on just a few, the message gets out there. I agree. And we talked about closed circuit, we talked about all of these things. MR. DUNN: Having a rule and not enforcing it, you might as well not have the rule. SUPERVISOR RUSSELL: I'll agree. COUNCILMAN GHOSIO: And I think, you know, when we speak about the issues, of course it's a case. The problem is, when you start to couple all of the different problems and this is just the beaches, we are talking about the beaches. Between the presentation we saw today with the trash at all the road ends, at the beaches in the cans, the parking issues and the violations. People using the ramps when they are not supposed to be etc. etc. Great, we understand that the problem exists and we want to be able to have an enforcement that will hopefully get that to go away, the problem is, we, in order to do that, the amount of money that it would take to enforce that to the level we really need to, to really make a dent, when you consider how many road ends and beaches and things there are, how do you do it? MR. DUNN: If your, we are not going to put a cop on every road end, that's absolutely not going to happen... COUNCILMAN GHOSIO: That's the thing. MR. DUNN: But Jill was talking about requesting an extra officer next year. That should be revenue neutral. If that officer is coming for the purpose of enforcing rules, I drove here tonight, when I left my house, I road 100 feet down the road and there were two cars parked right next to a sign that said no parking allowed at any time. This wasn't midnight, this was broad daylight. So there's, what's the fine for that? $110? There's $220. That will pay that guy for a day or two. So, I mean, if you are going to hire another enforcement officer, then he should be writing tickets. We know there's a problem here, he should be writing tickets and it should be revenue neutral. He shouldn't then be taken off that to go to a special event. If we are hiring an officer to enforce traffic problems, keep him on that. At least that one officer. I mean, I understand we Southold Town Board Regular Meeting August 15, 2017 page 40 have special events in the summer but let's not hire the guy and then give the reason well, we can't get him because we had a special event. And I heard that, that doesn't work. If we are going to have guys and it should be at the very least, revenue neutral, I think it should be revenue positive and when it isn't, then you don't need the officer anymore because you don't have the problem. COUNCILMAN GHOSIO: I think part of the issue is, of course, that you are trying to legislate and enforce good manners. MR. DUNN: You are not going to enforce good manners. COUNCILMAN GHOSIO: You are not and that's my point. MR. DUNN: You can only penalize the people who don't practice it. You can penalize the people that put their garbage where it doesn't belong. You can penalize the people that put their cars where they don't belong, you can't... COUNCILMAN GHOSIO: and unfortunately, it costs a lot of money to do that. MR. DUNN: ...get everybody to park their car properly and put their garbage in the right place. You can't do that, you can only penalize. And after that, you'll frighten some of the others. I don't want to hold you on this one issue. COUNCILMAN GHOSIO: Oh, I agree with you on the enforcement and raising the fines and making them hurt. MR. DUNN: Well, there are probably some things that could be raised, I think $1,000 for garbage is pretty fair. And some of these things can go to pay for some of the bills at the beach. You are going to have that number you said, $160,000? COUNCILMAN GHOSIO: No, it was more than that. MR. DUNN: That's not going away. COUNCILWOMAN DOHERTY: Last year $161,000. SUPERVISOR RUSSELL: And then the additional for, we did a budget analysis of all of the costs of maintaining beaches each year and it's anywhere from $350,000 to $550,000 depending on how much needs to be done. MR. DUNN: And you probably can't get rid of most of that. SUPERVISOR RUSSELL: Yeah, I would say. Southold Town Board Regular Meeting August 15, 2017 page 41 MR. DUNN: That's kind of going to be a fixed door. So now's a way to find out how can we get some income next year. SUPERVISOR RUSSELL: Let me, I just have to get some clarifications, can the TCO's write regular, they write S tickets, so that's parking by town permit but if a sign says no parking at any time, do they have the authority? TOWN ATTORNEY DUFFY: Yes, they do. SUPERVISOR RUSSELL: They do. TCO has the authority to write parking tickets? TOWN ATTORNEY DUFFY: Yes. SUPERVISOR RUSSELL: Even if it says no parking? Not parking by permit only? TOWN ATTORNEY DUFFY: Yes. SUPERVISOR RUSSELL: That's an S ticket? MR. DUNN: And I don't think, I really don't think Goldsmiths is unique in any of these problems. I have gone on the beach, on the road to New Suffolk and people are speeding there, why aren't we catching people there? SUPERVISOR RUSSELL: That would be outside of a TCO, yes. MR. DUNN: Sorry? SUPERVISOR RUSSELL: Then that would require a police officer, not TCO. MR. DUNN: Okay but you can go on the Main Road, you can go on 48 and you see t hem hiding because they want to catch speeders and maybe that's a good thing or they just kind of mix it up once on some of those side roads and if someone was hit by a car going 45, and walking on the road or walking to a beach, or walking somewhere else is just as dead as being hit by a car going 65 or 85, so maybe some of our officers should focus on some of the side roads, be it Aldrich, be it Mill Lane, be it the street to New Suffolk, be it Youngs Avenue, where people are walking. And people aren't... SUPERVISOR RUSSELL: They had been for some time. Main Bayview and some of those areas that generated quite a few complaints, I am going to say something people aren't going to like, but one of the issues with speeding on the side roads is the perception of speed. Because we'll send someone down for hours and hours, a hypothetical road that we get complaints about speeding and we'll send an officer down there for hours and hours and there's two people clicking over the speed gun. So a lot of times, when you are on a side road and you are doing 30 or 35 and speed limit is 30 or 35, because of the winding, the ups and downs, it seems fast. We have tried, we have gone out and looked at those side roads and we still need to do a lot more of Southold Town Board Regular Meeting August 15, 2017 page 42 it, I will agree with you on that but some of the issues that we have, we have old roads that were not made for being able to handle the speed limits that are already established. And that's one problem. MR. DUNN: Okay but there are people speeding. SUPERVISOR RUSSELL: Yes, contractors, I think contractors are probably, I get the most complaints about contractors. MR. DUNN: And let's catch a few of them. SUPERVISOR RUSSELL: Yes. MR. DUNN: Okay, thank you. SUPERVISOR RUSSELL: Just while we are on the subject, I do want to say that one thing I think that people that speak about the beaches and the parking and the lack of stickers, I think what they need to understand is that we actually have a lot more than just a few town beaches, we have dozens and dozens of road ends. We have communities with parking by permit only. Now we're writing 150 tickets a weekend and I have to say, I had a complaint about the pervasive nature of people using an area without a sticker, we went down there two times on a Saturday, two times on a Sunday, we wrote a total of six tickets out of dozens and dozens of cars. The problem is there but it's when you are trying to handle the parking by no permit down by this house and down by that house, roads all over town. It's dozens and dozens of areas designated by permit only. We do the best we can. MR. DUNN: There's a whole bunch of games that goes on. I have seen it where TCO's pull in the lot, four cars pull out, the TCO leaves and the same four cars come back. You know, there are people that game it. I forgot to ask, are we getting anywhere on the catastrophic losses? SUPERVISOR RUSSELL: Yes, we are actually just about done with that. We are just about done and one thing I do want to say is I hope I don't need to remodel a bathroom or a kitchen because I just lost contractors, aren't going to bid on the work because I just outed them for speeding but neither here nor there. Your catastrophic loss is almost there. MR. DUNN: Okay,thank you. Supervisor Russell SUPERVISOR RUSSELL: Anybody else? (No response) Southold Town Board Regular Meeting August 15, 2017 page 43 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:44 P.M. Lynda M. Rudder Southold Deputy Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell