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Home My WebLink AboutTB-09/12/2017 t \ ELIZABETH A.NEVILLETown Hall,53095 Main Road TOWN CLERK o�°�OguFFO(,�coGy� PO Box 1179 ti Southold,NY 11971 REGISTRAR OF VITAL STATISTICSo yc Fax(631)765-6145 MARRIAGE OFFICER 4, � Telephone: (631)765- 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING September 12, 2017 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 12, 2017 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on September 12, 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 Gho_sio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice ' Present Scott A. Russell Town of Southold Supervisor-- _ Present Elizabeth A. Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Justice Price Monthly Report 2. Justice Evans Monthly Report 3. Justice Hughes Monthly Report 4. Town Trustees Monthly Report 5. Department of Solid Waste Monthly Reports 6. Recreation Department Monthly Report Southold Town Board Regular Meeting September 12, 2017 page 2 II. Public Notices 1. NYS Liquor License New III. Communications IV. Discussion 1. EXECUTIVE SESSION -Labor Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:00 AM for the purpose of discussing the following matters: Labor: Matters Involving Employment of Particular Person(s) RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 9:55AM RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell OPEN SESSION 2. 9:15 AM Heather Lanza 3. 9:30 AM Denis Noncarrow,Michael Collins and Jamie Richter 4. 9:45 AM Denis Noncarrow with Damon Hagan 5. 10:00 AM Chris Finan and Tom Siebens of fishers Island Utility Company 6. 10:15 AM Vincent Orlando 7. 10:30 AM Kristie Hansen-Hightower 8. 10:45 AM Jeff Standish 9. Shellfish Advisory Committee Request for Secretary 10. Fishers Island Ferry BAN Request Southold Town Board Regular Meeting September 12, 2017 page 3 11. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:09 PM for the purpose of discussing the following matters: Labor: Matters Involving Employment of Particular Person(s) Acquisition of Property: Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof 11:30 AM Melissa Spiro, Land Preservation with Tim Caulfield, Peconic Land Trust RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 12. EXECUTIVE SESSION - Labor 13. EXECUTIVE SESSION - Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof 14. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:55PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 15. Coastal Erosion Appeal Application - Betty Edwards Johnson 16. Extension of the SCWA Water Line -William J Baxter, Jr Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:55PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledize to the Flag Southold Town Board Regular Meeting September 12, 2017 page 4 Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I would invite anybody that would like to address the Town Board on any of the agenda items to please feel free? (No response) V. Resolutions 2017-763 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 12,2017. '✓Vote'Record-Resolution RES-2017,-763, Q Adopted ❑ Adopted as Amended ❑ Defeated — ---------- ---- -- ---- ----------._ .- ---- Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter Q j ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ 11 ❑ Tax Receiver's Appt El Rescinded Q Rescinded Robert Ghosio Se ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans I Mover Q ( ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-764 CATEGORY.• Set Meeting DEPARTMENT. Town Clerk Next Town Board Meeting Southold Town Board Regular Meeting September 12, 2017 page 5 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 26, 2017 at Southold Town Hall, 53095 Main Road, Southold, New York at 7:30 P. A. ✓Vote Record-Resolution RES-2017-764° Q Adopted ❑ Adopted as Amended ❑ Defeated No/Na Yes/Aye Abstain Absent � Y ❑ Tabled ❑ Withdrawn James Dmizio Jr I Voter Q ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter Q ❑ u �( El ❑ Tax Receiver's Appt Jill Doherty Voter I Q [1 ❑ ❑ ❑ Rescinded Robert Ghosio Seconde Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover I Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-765 CATEGORY.• Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds to cover anticipated overtime earnings RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: From: A.3020.1.100.300 Pub. Safety Communications/Vac. Earnings $2,319 A.3020.1.100.400 Pub. Safety Communications/Sick Earnings $4,024 Total $6,343 To: A.3020.1.100.200 Pub. Safety Communications/Overtime $6,343 Total $6,343 ✓•Vote Record-Resolution RES-2017-765 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconde Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter I Q 0 0� ❑ 0 Supervisor's Appt Robert Ghosio Voter Q I ❑ ❑ ❑ Southold Town Board Regular Meeting September 12, 2017 page 6 ❑ Tax Receiver's Appt Louisa P.Evans Voter Rl 1 ❑ 1 ❑ 1 ❑ ❑ Rescinded Scott A Russell Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-766 CATEGORY. Property Usage DEPARTMENT.• Recreation Approve Field Use -Southold Soccer Fall 2017 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Southold-Soccer Club, serving youth grades K-6, to use the field behind the Peconic Lane Community Center for practice (Tuesday - Thursday, 5:00 - 7:00 p.m.) and for games (Sundays, 11:00 a.m. - 3:00 p.m.) beginning September 19, 2017 and ending on October 29, 2017. Applicant has file with the Recreation Department a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2017-766 LSI Adopted ❑ Adopted as Amended ❑ Defeated T Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter D I ❑ 1 ❑ T ❑ ❑ Withdrawn William P Ruland Seconde D 1 ❑ 1 ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty ❑ Mover D ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-767 CATEGORY.• Employment-Town DEPARTMENT. Accounting Crossing Guard Rates RESOLVED that the Town Board of the Town of Southold hereby sets the following daily rates Southold Town Board Regular Meeting September 12, 2017 page 7 for School Crossing Guards as of August 31, 2017: First Post Rate $93.54 Second Post Rate $120.26 ✓Vote Record-Resolution RES-2017-767 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 1-El ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover 1 0 f ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ( ❑ I ❑ ❑ Rescinded Robert Ghosio Voter I 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde 0 El ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 1 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-768 CATEGORY: Employment-Town DEPARTMENT: Accounting Retirement Resolution for Elected/Appointed Officials WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009,who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE,BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Participates in Record of Activities Work Employer's Result Day Time Keeping (Hrs/day) System Town Historian Amy E. Folk 6 No 11.52 days/month Southold Town Board Regular Meeting September 12, 2017 page 8 BE IT FURTHER RESOLVED,that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED,that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 12th day of September 2017 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six(6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 12th day of September 2017. SEAL Elizabeth A.Neville Town Clerk Town of Southold ✓Vote Record-Resolution RES-2017-768 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Seconde ❑ Supervisor's Appt Q � ❑ ❑ ❑ Jill Doherty Voter ❑ Tax Receiver's Appt Q � ❑ ❑ ❑ 01Robert Ghosio Voter Q � ❑ � ❑ Rescinded ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-769 CATEGORY.• Budget Modification DEPARTMENT.• Accounting 2017 Budget Modification-Accounting Financial Impact.- Transfer funds for Trolley Program RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund operating budget as follows: Southold Town Board Regular Meeting September 12, 2017 page 9 From: A.8660.1.100.200 Community Development, Overtime Earnings $4,000.00 Total $4,000.00 To: A.6410.4.400.100 Town Promotion Committee $4,000.00 Total $4,000.00 ✓Vote Record-Resolution RES-2017-769 ❑ Adopted Q Adopted as Amended ❑ Defeated Yes/Aye I No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn James Dmizio Jr I Voter Q ❑ El ❑ El 11❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q El El ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ( ❑ El ❑ Town Clerk's Appt Louisa P Evans Secondee{ Q 1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I Q ❑ I ❑ ❑ ❑ No Action ❑ Lost 2017-770 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Increase Salary of Jesse Marshall RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 5, 2017 that increases the salary of Jesse Marshall to $30.39 per hour with effect September 17, 2017. ✓Vote Record-Resolution RES-2017-770, Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmezeo Jr Mover Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ I ❑ ❑ Tax Receiver's Appt Jill Doherty Seconded Q j ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I Q ❑ ❑ I ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting September 12, 2017 page 10 2017-771 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Accept Resignation of Frank Boccia RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 5, 2017 that accepts the resignation effective August 31, 2017 of Frank Boccia, Deckhand (FIFD) for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2017-771 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain I Absent ❑ Tabled -- — ❑ Withdrawn James Dmizio Jr Voter Q _ El ❑ 0 ❑ Supervisor's Appt William P Ruland Seconded Q { ❑ I ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ 11 ❑ 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 2017-772 CATEGORY.• Employment-FIFD DEPARTMENT.• Accounting Accept Resignation of Deborah Doucette RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 5, 2017 that accepts the resignation effective October 3, 2017 of Deborah Doucette, Freight Agent (FIFD) for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2017-772 Q Adopted Yes/Aye j No/Nay Abstain Absent ❑ Adopted as Amended James Dmtzio Jr Voter Q ❑ �0 { ❑ ❑ Defeated William P Ruland Mover Q ; ❑ ❑ ❑ ❑ Tabled Jill Doherty i Voter Q j ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ 11 Supervisor's Appt Louisa P Evans Seconde 0 { 0 0 0 Southold Town Board Regular Meeting September 12, 2017 page 11 ❑ Tax Receiver's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-773 CATEGORY: Employment-Town DEPARTMENT. Accounting Acknowledges Retirement Michael A. Caprise WHEREAS,the Town of Southold has received email notification on September 7, 2017 from the NYS Retirement System concerning the retirement of Michael A. Caprise effective November 30, 2017 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Michael A Caprise from the position of Scale Operator for the Solid Waste District for the Town of Southold effective November 30, 2017. ✓Vote Record-Resolution RES-2017-773 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 r 0 ❑ ❑ ❑ Withdrawn William P Ruland Voter d ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter ❑ D � ❑ ❑ ❑ Rescinded Robert Ghosio Seconde D El 11 ❑ Town Clerk's Appt Louisa P.Evans Mover EI ! ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A RussellVoter I D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-774 CATEGORY.• Legislation DEPARTMENT.• Town Attorney Authorize and Direct the Town Clerk to Forward the Proposed Local Laws Southold Town Board Regular Meeting September 12, 2017 page 12 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Laws entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with Coastal Contractor Licensing" and "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Non-conforming Buildings with conforming uses."to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. ✓Vote Record-Resolution RES-2017-774 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 � ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter I 0 El ❑ [I Tax Receiver's Appt Jill Doherty Voter 0 j El 0' El ❑ Rescinded Robert Ghosto Mover 0 ❑ ❑ 1 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde 0 ❑ ❑ ❑ - - ---- --- --- ❑ Supt Hgwys Appt Scott A.Russell -- Voter Rl I ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-775 CATEGORY.• Employment-Town DEPARTMENT. Accounting Amends Resolution 2017-756 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2017- 756 adopted on August 29, 2017 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints George G. Lessard III to the position of School Crossing Guard at the daily rate of$93.54 effective September 6, 2017. Vote Record-Resolution RES-2017-775 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 El �— El ❑ Withdrawn — Jill Doherty Seconde 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosto Voter 0 I ❑ ❑ ❑ ❑ Tax Receiver's Appt - ❑ Rescinded Louisa P Evans Voter 0 ' ❑ � ❑ _� El ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting September 12, 2017 page 13 ❑ Lost 2017-776 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue-New Suffolk Historical Council to Hold Its Annual Car Show Financial Impact: Total Police Department Cost for Event=$268.64 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to hold its Annual Antique-Car Show on the Cutchogue Village Green, Cutchogue on Sunday October 1,2017 from 9:00 AM to 4:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as addition insured for two million dollars and comply with all the conditions of the Town's Policy for Special Events on Town Properties. All fees with the exception of the clean-up deposit shall be waived. ✓Vote Record-Resolution RES-2017=776 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye ,No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter D I� ❑ ❑ ❑ _ - ❑ Supervisor's Appt William P Ruland Secondee{ 0 1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El 1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D j ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-777 CATEGORY: Budget Modification DEPARTMENT: Accounting 2017 Budget Modification - Youth Financial Impact: Defer donation to FY2018 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: Southold Town Board Regular Meeting September 12, 2017 page 14 Decrease: A.7310.4.600.100 Youth Program Activites $4,200.00 Total $4,200.00 Decrease: A.2705.40 Other Donations $4,200.00 Total $4,200.00 ✓Vote Record-Resolution RES-2017-777 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter Q ❑ El ❑ ❑ Supervisor's Appt William P Ruland Mover Q ❑ 11 ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ Robert Ghosio Voter ❑ Rescinded Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Second_ Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 778 JUSTICE EVANS: I move that with deep regret. _ 2017-778 CATEGORY. Retirement/Resignation DEPARTMENT. Accounting Resignation-Planning Board RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of William J. Cremers from the Southold Town Planning Board effective August 31, 2017. ✓Vote Record-Resolution RES-2017-778 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Second_ Q ( ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter Z j ❑ 0 ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting September 12, 2017 page 15 2017-779 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Cover anticipated Town bag demand through end of year;seasonal employee charges completed for year. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Solid Waste Management District budget as follows: From: SR 8160.1.100.400 Sick Earnings $15,100 SR 8160.1.200.100 Part Time Emp/Reg Earnings 4,515 TOTAL: $19,615 To: SR 8160.1.300.100 Temporary/Seasonal Employment $ 4,515 SR 8160.4.100.650 Town Garbage Bags 15,100 Total $19,615 ✓Vote Record-Resolution RES-2017-779 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ El 11 ❑ Supervisor's Appt William P Ruland Voter Q ( ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans �Secnde Q ❑ ❑ ❑❑ Supt Hgwys Appt Scott A Russell Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-780 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Appoint Sarah Freeman Part Time Clerk Southold Town Board Regular Meeting September 12, 2017 page 16 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 5, 2017 that appoints Sarah Freeman to the position of part time Clerk at a rate of$12.50 per hour effective September 14, 2017. ✓Voie'Record'-Resolution RES-2017-780 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye N /Na oy Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr I Mover I— 0 ---� ❑ ❑ ❑ William P.Ruland Voter ❑ Supervisor's Appt I Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty SecoE Q ❑ ❑ ❑ El Rescinded Robert Ghosio (Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans I Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q i ❑ ❑ ❑ ❑ No Action ❑ Lost 201.7-781 CATEGORY.• Employment-FIFD DEPARTMENT.• Accounting Accept Resignation of William Wendland III RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 5, 2017 that accepts the resignation effective August 31, 2017 of William Wendland III, Deckhand (FIFD) for the Fishers Island Ferry District. ✓Vote Record,-Resolution,RES-2017-781 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye I No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter Q ❑ Li ❑ ❑ Supervisor's Appt William P Ruland Seconder{ Q ( ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ �--- ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ I ❑ Town Clerk's Appt Q ElLouisa P Evans Voter ❑ ❑ Scott A Russell Voter ❑ Supt Hgwys Appt Q ❑ ❑ ❑ ❑ No Action 0 Lost c Southold Town Board Regular Meeting September 12, 2017 page 17 2017-782 CATEGORY.• Grants DEPARTMENT: Justice Court Authorize Submission of a 2017 Justice Court Assistance Program (JCAP) Grant Application by the Southold Town Court Director RESOLVED that the Town Board of the Town of Southold hereby authorizes the Justice Court Director to submit an application to the Justice Court Assistance Program (JCAP) of the New York State Unified Court System, requesting a grant not to exceed $30,000.00, the maximum amount available, for the purchase of specific court related items. ✓Vote Record-Resolution RES-2017-782 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye -No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Vote ❑ Withdrawn r D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland I Mover 0 ( ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter I 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter 0 ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans I Seconde� 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell I Voter D ❑ ❑ I ❑ ❑ No Action ❑ Lost 2017-783 CATEGORY: Bond Public Hearing DEPARTMENT: Town Clerk PH 10/10 4:30 Pm- Order Calling for a Public Hearing-FIFD WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "District"), in the Town of Southold, Suffolk County, New York, pursuant to a resolution duly adopted and a petition in due form, has requested that the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the District, call a public hearing to hear all persons interested in the subject thereof, being the replacement of port and starboard main propulsion systems for the ferry MV Munnatawket, at the aggregate estimated maximum cost of$300,000, and the Town Board has determined that it is in the best interests of the Town and the District to increase and improve the facilities of the District pursuant to Section 202-b of the Town Law and to hold said public hearing, as requested; and WHEREAS, the District, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that Southold Town Board Regular Meeting September 12, 2017 page 18 such project constitutes a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5(c)(25), and no further environmental review is required; Now, therefore, the Town Board hereby determines to commence proceedings under Section 202-b of the Town Law and the Town Board adopts and accepts the determinations made by the District relating to SEQRA, as described above; it is hereby ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, on October 10, 2017 at 4:30 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and it is FURTHER ORDERED, that the Town Clerk publish at least once in "The Suffolk Times, " hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. ✓Vote Record-Resolution RES-2017-783 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter _ d 1 ❑ ❑ ❑ ❑ Withdrawn Wil ❑ Supervisor's Appt P Ruland Voter I d El I ❑ Jill Doherty ❑ Tax Receiver's Appt Voter lZ El 11 ❑ ❑ Rescinded Robert Ghosio Seconde D 110 El ❑ Town Clerk's Appt Louisa P Evans Mover 0 1 ❑ 1 ❑ 1 ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-784 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2017 Budget Modification-Capital Financial Impact:Authorizes use of budgeted Highway Part Town operating funds for road capital projects RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Capital Fund budget as follows: Southold Town Board Regular Meeting September 12, 2017 page 19 Capital Project Name: FY2017 Road Resurfacing Financing Method: Transfer from the Highway Part Town Fund Budget: Revenues: H.5031.91 Interfund Transfers Road Resurfacing $275,000 Total $275,000 Appropriations: H.5112.2.400.100 Road Resurfacing Capital Outlay, C.S. FY2017 Road Resurfacing $275,000 Total $275,000 ✓'Vote Record-Resolution RES-2017-784 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye TNo/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Seconde Q j ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-785 CATEGORY. Misc.Public Hearing DEPARTMENT.• Town Clerk PH 10/10-9:00 Ana- Coastal Erosion Appeal RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, October 10, 2017 at 9:00 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Betty Edwards Johnson, which seeks relief from Section 111-11(C) and 111-12(D) of the Town Code for removal of existing deck, dock reconstruction and shoreline stabilization within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-010-3-11, Betty Edwards Johnson, 190 Peninsula Road, Fishers Island,New York 06390, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten(10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Southold Town Board Regular Meeting September 12, 2017 page 20 ✓Vote Record-Resolution RES-2017-785 Z Adopted ❑ Adopted as Amended ❑ Defeatedt Yes/Aye No/Nay AAbsent bstain ❑ Tabled —---I-- - -�-------- —�- ❑ Withdrawn James Dmizio Jr Mover RI I ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ j ❑ I ❑ I ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Iz ❑ I ❑ ❑ ❑ Rescinded Robert Ghosio Voter D j ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder{ ❑ j ❑ ❑ I ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-786 CATEGORY. Legal DEPARTMENT. Town Attorney Retain Special Counsel Devitt Spellman Barrett, LLP 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 against the owners of property known as 26160 Route 25, Orient,New York and identified on the Suffolk County Tax Map as lot number 1000-18-6-14.9, to enforce provisions of the Town Code. ✓Vote Record-Resolution RES-2017-786 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay I Abstain Absent ❑ Tabled James Drnizro Jr Voter D ❑ ❑ ❑ ❑ Withdrawn - ❑ Supervisor's Appt William P Roland Seconde [91 El ❑ El ❑ Tax Receiver's pt Jill Doherty Mover LI 1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter I El �� El ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-787 CATEGORY: Contracts,Lease&Agreements Southold Town Board Regular Meeting September 12, 2017 page 21 DEPARTMENT: Fishers Island Ferry District FIFD-Anchor Insulation Company, Inc. 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 September 5, 2017 in regard to Anchor Insulation Company, Inc. ✓Vote Record-Resolution RES-20177787 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn James Dinizio Jr Voter 0 I ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans _7'S_econded 0 1 ❑ 1 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-788 CATEGORY.• Policies DEPARTMENT: Fishers Island Ferry District FIFD-Health Reimbursement Arrangement 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 September 5, 2017 regarding Health Reimbursement Arrangement. ✓Vote,Record-Resolution RES-2017-788 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye j No/Nay I Abstain Absent ❑ Tabled James Dmtzio Jr Voter 0 ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter I 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ( ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconded 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting September 12, 2017 page 22 2017-789 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar-APA 2017 East End RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Town Planning Director, Mark Terry, Assistant Town Planning Director, Brian Cummings, Planner and Erica Bufkins, Planner Trainee, to attend the American Planning Association's 2017 East End Planning Conference, in Riverhead,NY, September 20, 2017. All expenses to be a legal charge to the 2017 Planning Department budget. ✓Vote Record-Resolution RES-2017-789 R1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain I Absent ❑ Tabled James Dimzio Jr Voter D i— 0 — ❑ 11❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ( Voter R1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover I ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconded Z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-790 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2017 Budget Modification-Engineering Financial Impact:Adjust budget for revenue and expense associated with Wells Avenue drainage work RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: Increase• A.2770.10 Miscellaneous Revenue $43,295.00 Total $43,295.00 Increase• A.1440.4.400.100 Engineering, Contracted Services Southold Town Board Regular Meeting September 12, 2017 page 23 Equipment Rentals $43,295.00 Total $43,295.00 Vote Record=Resolution R1CS-2017=790 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dmizio Jr Mover 0 ; ^❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconded 0 j ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ I ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter I El ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-791 CATEGORY.• Local Law Public Hearing DEPARTMENT: Town Attorney PH- 10/24- 7:31 Pm-LL Parking Chapter 189 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 12th day of September, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 189 Parkin, in connection with Town Parking Permits" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 24th day of October, 2017 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 189 Parkin% in connection with Town Parkinjj Permits" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 189 Parking, in connection with Town Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Southold Town Board Regular Meeting September 12, 2017 page 24 II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: Chapter 189. Parkiniz Article I. Parking at Beaches � 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: A. Resident parking permit. (1) A resident parking permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of residence: [Amended 5=25-1971; 3-25-1975 by L.L. No. 1-1975; 7-14-1987 by L.L. No. 11-1987] (a) A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. (b) A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. (c) Such other proof of residence as is satisfactory to the Town Clerk. (2) The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the Town. Upon approval of the application, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. [Amended 3-25-1975 by L.L.No. 1-1975; 12-28-1984 by L.L.No. 10-1984] (3) Resident parking permits for motor vehicles shall be permanently affixed to the right side of the front bumper of such vehicle and shall be r-the vehiele and an attaehed* 'l N.[Amended 5-9-1972; 10-18-1994 by L.L. No. 21-19941 (4) The fee for the issuance of a resident parking permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board.[Added 3-25-1975 by L.L. No. 1-19751 B. Lessee parking permit. (1) A lessee parking permit shall be issued by the Town Clerk or a person designated by him to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in § 189-3A hereof. Persons applying for a lessee parking permit shall present an application in affidavit form, signed by the lessee and the owner of the Southold Town Board Regular Meeting September 12, 2017 page 25 property, setting forth: (a) The location of the leased or rented property. (b) The persons occupying the same. (c) The term of such tenancy. (2) Upon a determination by the Town Clerk or person designated by him that the applicant is entitled to a lessee parking permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 189-3A(3) hereof. (3) The fee for the issuance of a lessee parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. C. Hotel-motel parking permits. (1) Hotel-motel parking permits shall be issued by the Town Clerk or a person designated by him to the owners or their designated managers of hotels, motels, rooming or boarding houses and trailer parks, for use by the paying guests temporarily residing therein. Persons applying for a hotel-motel parking permit shall present an application to the Town Clerk in affidavit form, signed by the applicant, setting forth: (a) The number of rental units available at the applicant's premises. (b) The number of permits applied for. (c) The designated business name, if any, of the premises applied for. (2) Upon a determination by the Town Clerk or a person designated by him that the applicant is entitled to such permits and upon payment of the required permit fee, permits shall be issued; provided, however, that the number of permits issued shall not exceed the number of rental units available at the premises applied for. Such permits shall be inscribed with the name of the applicant or the designated business name of the applicant's premises and shall be used only by paying guests occupying the premises for which such permits are issued. (3) Hotel-motel parking permits shall be transferable and shall be displayed on the dashboard on the passenger side of the vehicle. The owner or manager to whom such permits are issued shall make no charge for the use of such permits by such guests, but may require a deposit to ensure return of a permit. [Amended 11-24-1992 by L.L. No. 19-1992] (4) The fee for the issuance of a hotel-motel parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. D. One-day nonresident permits. (1) One-day nonresident parking permits may be issued for the parking of vehicles on the parking areas at Southold Town Beach, and Norman E. Klipp Marine Park and New Suffolk Beae to any person by the attendant on duty at such parking areas or by the Town Clerk. [Amended 5-9-1972; 4-14-1998 by L.L. No. 5-1998; 7-17-2007 by L.L. No. 17-2007] (2) Such permit shall be valid only for the day on which the same is issued. Southold Town Board Regular Meeting September 12, 2017 page 26 Any permit not fully filled in shall be invalid. [Amended 4-14-1998 by L.L. No. 5-1998] (3) The fee for the issuance of a one-day nonresident parking permit shall be such fee as shall be prescribed by resolution of the Southold Town Board. E. Guest permits. [Added 12-28-1982 by L.L. No. 9-1982] (1) Guest parking permits shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who are qualified residents of the Town of Southold, as defined in § 189-3A hereof, for use by guests temporarily residing in the dwelling of such resident. A resident applying for a guest parking permit shall present an application in affidavit form, signed by the applicant, setting forth the following: (a) The location of the property to be occupied by the guests. (b) The names and permanent addresses of the guests. (c) The length of time of the guest occupancy. (2) Upon a determination by the Town Clerk or person designated by the Town Clerk that the applicant is entitled to a guest parking permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 189-3A(3) hereof. (3) The fee for the issuance of a guest parking permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. F. Nonresident seasonal beach parking permit. Beach parking permits for nonresidents for the period January 1 through December 31 may be issued by the Town Clerk of the Town of Southold upon application therefor at a sum prescribed by resolution of the Southold Town Board, which annual sum shall include both the vehicle and boat trailer. [Added 7-14-1987 by L.L.No. 11-1987; amended 10-23-1990 by L.L. No. 21-1990; 10-18-1994 by L.L.No. 21-1994; 2-23-1995 by L.L.No. 4-1995] G. Trailer Permit. 1 A Trailer Permit shall be required for any trailer used to launch a boat at the boat ramp or road end locations set forth in section 189-2 B or C. 2 A Trailer permit shall be required at all times to park a trailer in any of the parking areas designated in sections 189-2 A, B, or C. 3 A Trailer Permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons qpplying for a Trailer Permit shall be required to meet the same requirements set forth in section 189-3 A. 4 A trailer Permit shall be affixed to the tongue of the trailer. 5 The fee for a Trailer Permit shall be set from time by time by resolution of Southold Town Board Regular Meeting September 12, 2017 page 27 the Town Board. H Commercial Boat Hauler/Launcher Permit. Any business engaged in the launching of transporting and/or launching boats shall be required to obtain a Commercial Boat Hauler Permit. 1. A Commercial Boat Hauler/Launcher Permit shall only be issued by the Town Clerk or a person designated ted by him to an individual or comorate entity engaged in the business of transporting and/or launching boats with a principle place of business located in the Town of Southold. 2. The fee for a Commercial Boat Hauler/Launcher Permit shall be set from time b time ime by resolution of the Town Board. G.I. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed(10:00 p.m. to 6:00 a.m.), the following exception to § 189-2G is hereby created: [Added 8-10-2010 by L.L. No. 8-2010] (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident, lessee or guest parking permit. (2) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of§ 189-2G or § 189-3G where both the night fishing permit and the resident, lessee or guest parking permit are properly displayed. (3) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by § 189-2G and § 189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for night fishing permits. (c) Duration of permits. All night fishing permits provided for in this section shall expire at the same time as the resident, lessee or guest parking permit. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto 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. IV. EFFECTIVE DATE Southold Town Board Regular Meeting September 12, 2017 page 28 This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as provided by law. ✓. Vote Record-Resolution RES-2017-791 0 Adopted ❑ Adopted as Amended ❑ Defeated _..- -- -- -•---- ------ - ---- ---_ - Yes/Aye No/Nay• Abstain Absent ❑ Tabled - -- - - James Dmizio Jr� J Voter 0 ❑❑ ❑ ❑ ❑ Withdrawn - -- ❑ Supervisor's Appt William P Ruland I Seconde 0 I El -- ❑---, ❑ Jill Doherty Mover ❑ Tax Receiver's Appt _ D i ❑ i ❑ ❑ Rescinded Robert Ghosio Voter D ❑ El � ❑ Town Clerk's Appt Louisa P.Evans Voter I 0 I ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 1 ❑ ( ❑ ❑ ❑ No Action ❑ Lost Public Hearings None Closing Comments 1. Supervisor Russell Supervisor Russell SUPERVISOR RUSSELL: That's it. Alright, I just want to go back for a second and bring everybody's attention to a resolution 778, it was accepting the resignation of William Cremers from the Southold Town Planning Board. Bill was actually originally appointed to that Board in 1995. He has served for years on behalf of the public. He is one of the hardest working, most dedicated, most knowledgeable people I have ever known and I can't begin to convey what a loss it is for all of the people of Southold Town. And we are getting a lot of responses from people who want us to read that in as part of the record, their tribute as well, what we are going to do in the near future is we are going to set something up in an effort to recognize Bill which would be well deserved. Would anybody like to address the Town Board on any issue? Tom? Tom Shearin Silvermere Rd. Gpt TOM SHEARIN: I am Tom Shearin, Silvermere Road, Greenport. I really don't know where to begin with this issue because it's been ongoing for 10 years. Most of you were here the last time I came before the Board and addressed the flooding that you had from the pipe closure you did on Silvermere Road. I don't understand why it's not resolved yet but to fast forward you, now we have blue-green algae that is running over the road and onto my property. The Board of Health has posted signs there saying to keep it off of you, to bathe immediately because it can cause major health problems. And I am here to know what the Town Board is going to do about Southold Town Board Regular Meeting September 12, 2017 page 29 it and when? Because I have got no response from anybody on anything, with my conversations with the town engineer and your office, Supervisor Russell, about what you are going to do about it. SUPERVISOR RUSSELL: The town spent a considerable amount of money putting that drainage system in place as best we could. Your entire community sits on clay. There is virtually no percolation into the water table. We had two choices, we could have put that drainage system in, closed off the pipe to go into the creek or to the meadow right there or we could have continued to pollute the meadow. We chose to retain as much of that water on-site as we could. MR. SHEARIN: Okay, but you also made a, somewhat attempt to rectify the problem, he was supposed to go 53 feet and the equipment he had can only go 40 feet. He was supposed to get it inspected and it wasn't inspected, it was supposed to be backfilled and graded and that was never done. So as far as I am concerned, the town made an agreement with the people and never enforced the agreement,just let them do whatever they wanted and didn't care and now you are poisoning us and you don't care about that either because it's all about money. If you brought in a(inaudible) and went through it, we wouldn't be here today. SUPERVISOR RUSSELL: The town engineer signed off on the entire thing. He said he went out and inspected. I think I conveyed that to you. I rely on him. MR. SHEARIN: The town engineer made a recommendation for an entirely different project that would have rectified it, that the town did not want to pursue because you got sued by the other people that own the property because you flooded their property. SUPERVISOR RUSSELL: Actually, he was the one, that the plan that was put into place, that was all done with his oversight. Alright? There might have been a separate proposal out there but the idea was to punch a hole through the clay as best we could and backfill it. The town engineer went out and looked. He said it complied. There might have been some minor issues that would be completely inconsequential to the larger purpose of it functioning. It is going to be very difficult to provide a drainage solution to a community that sits on clay. But one thing we can do is go out and get everybody that lives in that community to start complying with the drainage code. Stop discharging into the road, stop letting gutters run into the roads, then we have to upgrade our septic systems which are putting septic, mainlining right into the water table there. So there's a lot of issues going on there. MR. SHEARIN: And a lot of that is caused by what you did,just from... SUPERVISOR RUSSELL: No. MR. SHEARIN: The water pressure is pushing everything to the water because its lowest point. SUPERVISOR RUSSELL: No, it's been like that for years before we put that in place. Absolutely not. The solution at the time was to put a culvert over into the meadow, which the Suffolk County Department of Health then the DEC said you can't keep polluting that water, you Southold Town Board Regular Meeting September 12, 2017 page 30 need to close that and that's how this whole thing started. We did the best we could to retain that water, that polluted water, on site, on one parcel. Yes, we had four inches of rain and yes, there are going to be times that that water level is higher than we want but we did the best we could under the circumstances. MR. SHEARIN: Well, why can you cut across Hobart Avenue and relieve any water that's on that road? Just a couple of weeks ago, a drain wasn't working, you cut across and you let the water go right into the wetlands. There's no problem with that. SUPERVISOR RUSSELL: On Hobart? MR. SHEARIN: Yeah, on Hobart. SUPERVISOR RUSSELL: I will look into that, I am unfamiliar with that. That would be under the jurisdiction of the Highway Superintendent. I will find out. MR. SHEARIN: So is, can they do the same thing where we are? SUPERVISOR RUSSELL: I will find out what he did. I don't have knowledge of the Hobart issue. That would be under the jurisdiction of the Highway Superintendent but I will find out. But where are we going to put the water? We are going to trench under and go right back into the creek? MR. SHEARIN: Well, I don't know where you are going to put it but right now you are putting it onto my property and into my basement. So you might have been doing the right thing with good intentions at the time but now you are flooding my property and polluting me as well. So you created the monster here, not me. And we tried to hook up to the Greenport sewer system but the people that were suing you didn't want to do that. And that should have been part of the agreement, if we were going to do this then we should have been allowed to hook up to that. But the town wasn't interested in that because that would have been a whole other battle and it would have been more money, I am sure. The bottom line is you are flooding my property and you are polluting my property and I want to know what you are going to do about it? How you do it, I don't know. My biggest concern the last time I addressed this was what's going to happen when this was done? Is it going to be worse? No, it's going to be better, it won't be perfect but it's going to be much better. And now it's worse than ever. SUPERVISOR RUSSELL: Okay, this is what I am doing right now. I am texting both town engineers, what is a good time for you to meet on site tomorrow? I will be there with both town engineers. What would be a good time? MR. SHEARIN: Noontime. SUPERVISOR RUSSELL: Noon time. Let me double check here. COUNCILWOMAN DOHERTY: I am available at noon, I can also meet there. Southold Town Board Regular Meeting September 12, 2017 page 31 SUPERVISOR RUSSELL: Okay, 12:00. Councilwoman Doherty, myself and both town engineers. We will be there tomorrow at 12. MR. SHEARIN: Okay. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this or any other issue? Charlene Catullo, Balie Bch Rd.Matt CHARLENE CATULLO: Hi Charlene Catullo, Bailie Beach Road, Mattituck. I am here today to point out several observations I had about dogs on beaches and seek some answers to questions regarding the law that changed in 2012. On Labor Day, I decided to walk Breakwater beach and points west. All of the dogs on the beach were leashed. I was happy to see that, very enjoyable. I exited one of the access points, I noticed that there was a no dogs allowed sign which I found interesting since, as we brought up at previous meetings, that dogs would currently be allowed on beaches with the limitations 9-5 May through October. But anyway, it was a pleasant walk and I noticed the second access point on my way back to roadside, back to the car, so another no dogs allowed sign albeit there was a secondary sign there that said the 9-5 but it was said a little bit further on the walkway to the beach. All in all, I had an enjoyable day, glad that the dog owners were doing as they should and had the dogs leashed. This Sunday, however, not so fortunate, before I could descend my steps since we own beach front property, I had to wait for unleashed dogs to go over my property. Fine, waited to do that, one dog ran up my neighbors steps, not mine but could have been. Didn't know the dogs, the dogs were not aggressive. Fine. Went by. Continued to walk, did not encounter less than nine unleashed dogs. At nine, we stopped counting. To me it's ridiculous because we started our walk at 10:30 which all in all, most of the dog owners would say sorry, I didn't realize, if confronted. I don't always confront them but sometimes I will say there is a leash law, your dog needs to be on a leash, however, there was one man on the beach when I said to him your dog should be on the leash, his response was to threaten me, take me to court and I will take you. And I said to him, what would be the grounds? He said, because I have the money and I can. I shouldn't have to encounter this on my walk when dogs should be leashed. It's unreasonable. COUNCILMAN GHOSIO: I suspect you would have encountered that either way, based on the response that you got. MS. CATULLO: Yes, well, where people have said at previous meetings, you know, dog owners, for the most part dog owners will say sorry, I didn't realize including one gentleman I met after when I was exiting my beach, I said the dog really should be leashed, he said dogs are allowed on the beach. I said, they are, but 9-5 they have to be leashed. He said he thought after Labor Day that law was no longer in effect. Very courteous, so I am not saying all dog owners are bad but I really do believe a law needs to be in place. And as my husband had pointed out at a previous meeting, we haven't brought this up since the changing of the law. What propelled me to come to the meetings recently was the answers to which the Board responded when addressed about the question about dogs being on the beach and it was stated that no dogs were allowed on the beach, which presumably you would think should be the law or at least leashed. Southold Town Board Regular Meeting September 12, 2017 page 32 And as I said, I have no opposition to a law that had dogs leashed on the beach but it really is bothersome that I believe that part of the incident that led to the change of the law was an incident that occurred on our private property which was when my husband was attacked by two dogs. Granted, there were no bites but the fact that it left emotional scars and left effects on his health and our lifestyle, not the same you know, when you don't have to say, I can go down to my beach and there will be no dogs. When you have a law in effect and especially a couple of weeks, dogs are allowed to roam free 100 percent of the time. That to me is ludicrous. Councilwoman Doherty said you sought to balance the situation and I would like an answer as to what, define balance? How is for the next seven months, dogs being allowed on the beach 100 percent of the time balanced? I don't know what set the change of the law in motion, when you would think when my husband was attacked, the Board would seek to have the law enforced, rather than do the complete opposite and give dogs free range for seven months straight out of the year. We love the beach in the autumn. We even love it after a winter storm. In the moonlight we would like to do that, technically I haven't counted any dogs at moonlight walks but you have given them that now, too. And I just wanted some answers. What would propel you to change the law, after someone was attacked, how does balance calculate into seven months free range roaming out of the year and then when you thought of the plan and I believe as Mr. Dunn had been here at the meetings, you don't want to be calling the police, I don't need that reputation, there goes that woman again. but I am just wondering how does the west side of the jetty, acts the way it should be, dogs leashed at least during the time I was walking there which was between 9-5 May through October. I mean, what set this change in place? I am not certain when it was changed, did you seek to safeguard the property of the beach front owners? That's our property. We should have the right to go and sit on our property without having to go and confront a dog, friendly or not. I mean, if you were dressed up for an evening, you wouldn't want a dog come running up to you and disheveling your clothing. It's the same thing, I don't need a dog when I am sitting down there to relax. I just don't what set the change in place and when you viewed it, what were you looking to do? That is what I would like answers for. Now someone pointed out to me, I am not certain it's true or not but I just drove past the rec center and there's two different areas for dogs to walk. What are the reason for the two separate? COUNCILMAN GHOSIO: I think one is for small dogs and one if for very large dogs. MS. CATULLO: And why would that be? That's what I heard and why would that be? COUNCILMAN GHOSIO: Depending on the nature of the dog, you know, a 300 pound dog versus a 10 pound dog. MS. CATULLO: I find that quite truthful. And that's what I thought, that's what I heard. How does a dog, a 300 pound dog, have to be separated among smaller dogs but not among people? It makes no sense, you are seeking to safeguard small dogs but not the public? I mean, I am assuming you have had the time to review and I would just like some insight, some answers. Something, to make me feel at ease that I can go and sit down and enjoy the beach on an autumn evening or a winter evening. Anything that you know, what caused the changed? I mean, my husband was attacked. That seems to me set the wheels of motion. Was it not or am I mistaken? Southold Town Board Regular Meeting September 12, 2017 page 33 SUPERVISOR RUSSELL: That I think, brought the issue, was one of the issues that was brought to a head. I remember and I don't want to speak for the Town Attorney but someone had his dogs on your property and attacked you, that's a civil action that you need to discuss with your attorney because a leash law wouldn't have stopped that. However, the law at the time was no dogs on the beach, period. It was on the books for years, it hadn't been enforced for years. MS. CATULLO: But what did you seek to enforce it, because now you've made it more difficult to enforce... SUPERVISOR RUSSELL: No, we've actually tried to put something together that would strike a balance that was actually more implementable and more enforceable because of the issue with the specific time frames. That's what we tried to do. MS. CATULLO: But how does, from October through May balance anything out? Am in not supposed to walk the beach October through May? SUPERVISOR RUSSELL: No, I mean, that's a fair, some of the things you said make good sense, I can't argue with that. MS. CATULLO: I mean, you safeguard small dogs from big dogs makes no sense to me. SUPERVISOR RUSSELL: That's a fair point. MS. CATULLO: One thing that I did ask you as far as the law and as I said, I could curtail my walk from my walk from my house to the east of Bailie beach, which is fine. If I know dogs, you were going to look into the law as to are dogs allowed or not allowed below mean high tide. I think that you said there might be a different jurisdiction. I mean, what do we do at this point to safeguard me from having to encounter people as I did this past Sunday, you know, as I say, most often the dog owner will be somewhat courteous and say I understand or things like that. however, this last incident on Sunday, I believe I have encountered that man, that dog, I don't want to call him gentleman because he's not, that man previously and it was, when I was talking to another dog owner and that dog was sitting at my feet, as I said, I am not afraid of all dogs and this dog that I know was sitting at my feet and the dog I guess wanted to run up to him and this was the one man, I said to him if I recall correctly, that I am just not really fond of dogs I am not familiar with and he seemed to get it at that point, but this past Sunday what I call arrogance was really amazing. I couldn't believe he had the nerve to retort the way he did. And that, I think there really needs to be some consideration for other people that walk the beaches. And you know, did you look into the thing, below mean high tide? What... SUPERVISOR RUSSELL: It was referred to the New York Department of State, it's an interpretation of the public trust doctrine and whether the public has the right to traverse, whether that includes their pets. We have referred that to, like I said, New York State Department of State for a legal opinion. They do take some time to respond. I imagine they have a lot of requests throughout the entire state but we do expect them to settle that issue. Southold Town Board Regular Meeting September 12, 2017 page 34 MS. CATULLO: Okay. And perhaps you will bring it up at a meeting or contact me? SUPERVISOR RUSSELL: Yes, absolutely. MS. CATULLO: In the interim, I don't want to be calling the police. First of all, by the time they respond, I would probably no longer be at the beach nor would the individual with the dog presumably, and if there's no access point at that point, how far is the police going to walk down the beach? it's not realistic, you don't always get cell service at the beach and you know, when I walk the beach, I really don't want to be carrying my cell phone, I am there to enjoy the beach, not talk on the phone. I will sit up at the house and enjoy a cup of coffee, you know. I really think some consideration should have been brought in, rather than this October through May. To me, that is not balanced. COUNCILMAN GHOSIO: I appreciate your comments but the comment that you just made about not wanting to call the police and such, if there was a code in place and somebody broke it, you would have to call anyway, so I am kind of confused... MS. CATULLO: Well, if there was a leash law, I think since it's an arbitrary law and people are uncertain as I said, with the gentleman who thought it was after Labor Day, understandably so, but number one, I shouldn't have to tell someone to be a good citizen, you know, and... COUNCILMAN GHOSIO: That's not going to change no matter what the code is, I am afraid. MS. CATULLO: No but I think as Mr. Dunn had pointed out previously, you really need to assess what's happening at the beaches and go and pay attention to what's there, send a patrolman. I shouldn't have to call him. I think there should be more effort to enforce the law without me having to be the bad guy and call the police. I don't need there goes that woman again or whatever they might say. I don't want to be that person. And I really would appreciate if you do as Mr. Dunn had suggested, plain clothesmen, car whatever. Visit what's going over there because as I said, I walk after 10:30 and I have counted at least nine dogs that were off the leash. SUPERVISOR RUSSELL: You are right about the enforcement. The onus is on us. You are 100 percent right about it. MS. CATULLO: Thank you. Dan Catullo, Bailie Bch Rd Matt DAN CATULLO: Dan Catullo, Mattituck. Just to pick up on that before I start here. That thing about the mean high water, that's a very contentious thing. Not everyone knows where it is, vaguely so. How can you expect a dog to know that? If you don't have a leash on that dog, there's no way in god's creation that dog is going to know mean high water is here and private property is up there. So by creating a leash free dog, you are guaranteeing that you are going to get people going on private property. It's a guarantee, a gimme. It's a no thinker. So that's one glaring flaw in not having a leash law in effect. I wasn't going to bring this up, my wife sneaked Southold Town Board Regular Meeting September 12, 2017 page 35 some of this stuff in. She mentioned about me not get bloodied in the attack, I got knocked over, bruised, turned around and I luckily had a whole bunch of rocks, that was the reason I was on the beach there, of decorative white rocks and I was able to fend off the dog, the two dogs with firing these things at his feet. I was a pretty fair quarterback back in the day and I have a pretty good arm. I was able to do that until these two dog owners came up and leashed their animals. That's just a matter of clearing that, I didn't even want to bring that up. What I did want to do is clarify one thing I mentioned two weeks ago was that I mentioned that over the whole year, dogs were able to be off the leash 92 percent of the time. That was calculating three months, June, July and August which are the main summer bathing months. I realize now having to go back to the signs and my wife as well, that May and September are included in that, so my calculation is now this, officially 85 percent of the time, dogs are allowed on the beach without any leash. It's a large number but the point is almost moot at this point because we are entering and again, she mentioned something, stole my thunder, that we are entering October, the nicest month in my view, certainly the best month to walk on the beach, and now the dogs have 100 percent free rein. So here we have a time where you really want to get out, here you have a time when go with the dogs with the reasons we mentioned and I have mentioned any number of times over the years, it's not an ideal situation so our quality of life is certainly altered. I just want to mention a few things I jotted down. Now we get to look into the face of a curious perhaps agitated dog and hope for the best in this game of Russian roulette. Inevitably we would here the cry of, oh, he's friendly from the dogs master. Echoing the similar cry of oh, I didn't know the gun was loaded over the body of the victim. Where's your humanity? I was almost killed on that beach five years ago. And I got nothing but apathy, with one exception, from the Board when that law was passed and that was disgusting. Pardon me for getting a little bit angry. This is more than loud barking or dog filth on the sand or in the water. You had to be there. I just can't, I just get so incensed when I, okay. Deniers might say that we are crying wolf and that this is perhaps a study in histrionics. But what would be our motive? Well, lawlessness feeds on itself. This thing is getting worse. It's following the path of that earlier law that died of disused apathy. In oblivion because of lack of enforcement. The motive of the deniers is clear. If the general public gets to realize the potential danger, more enforcement or hopefully a stronger and more sensible law will ensue. Now I read off this notation because I didn't want to get so emotional that I would drift off into a situation where I might disparage someone who was going to contest my position on leashing dogs on the beaches. We should have a debate, a real debate, where opposing arguments are discussed, where words and thoughts are questioned. I would like to have that scheduled. It would be a great thing to have. COUNCILMAN GHOSIO: If I recall,there was quite a debate the first time around. MR. CATULLO: Well, the point is you can't.... COUNCILMAN GHOSIO: Inaudible. MR. CATULLO: I felt my hands were tied because I made some statements that were considered disparaging and I have gone over tapes of the meeting and I can't buy it. But I made two flattering remarks to the speaker and one time I questioned his observation and his conclusion on that observation. That was the only thing, that he wanted dogs, he loved to see Southold Town Board Regular Meeting September 12, 2017 page 36 dogs running free and yet he couldn't stand the idea of these four dogs running without a policeman rounding them up. It just seemed inconsistent. That mild remark was at no way aimed at him personally and I had mentioned that before, (inaudible). So, that debate was like one arm behind, it wasn't a full-fledged going after the arguments and tearing into someone's position. You feel like you have really... COUNCILMAN GHOSIO: I don't know, I seem to remember that going on for quite a bit. It was a long time. MR. CATULLO: Well, it depends on your perspective. SUPERVISOR RUSSELL: I think he is talking about two weeks ago. COUNCILMAN GHOSIO: Oh, I am talking about the debate about this whole issue. Before I was even on the Board. MR. CATULLO: Oh, I remember you at the time, myself. COUNCILMAN GHOSIO: I was a Trustee. MR. CATULLO: Oh, back then there was a debate. That was one of the frustrations that I am voicing with some emotion here. Is that the result is for (inaudible) as they would say. all these things we are complaining of, now I haven't been here for four years or so, since the law was passed and I have just been so disgusted, the sense of impotence is overwhelming. You can't beat the system, after I presented so many arguments, so many things I was being accused of, having a phobia against dogs when I presented all kinds of evidence, emergency room evidence, newspapers and articles and I got nothing out of it but apathy at best. So I am going to leave it at that and I would hope that if we can get some people together as Mr. Dunn had said, to, on the opposite side and have a real debate, we might be able to establish some beneficial end to this thing and get a real law that really works in place. SUPERVISOR RUSSELL: I just want to get back and comment on the public trust doctrine and the idea of the town inviting dogs to go over to private property. I think everybody needs to recognize that our law regulates dogs on our beaches. It does not regulate dogs in the public trust. That's not, that land is held on behalf of the public. The town doesn't own that. The issue might be settled or resolved once the New York State Department of State weighs in on it. But it would be very difficult for us to pass a leash law and to out right now and enforce the leash law in the public trust lands. Someone can access that beach from private property. What would Southold do? Can we go out and issue a summons for someone who had an unleashed dog in land that the town doesn't even have jurisdictional control over? Those are, there are a lot of complicating issues here which is why we are asking the New York State Department of State to weigh in. Southold Town Board Regular Meeting September 12, 2017 page 37 COUNCILMAN GHOSIO: If someone that owns property that's on the beach, does that homeowner have the right to have his dog unleashed in his own property, what happens after he traverses into the public trust? MR. CATULLO: Well, that's actually going on right next door to us. that's a good dog, he doesn't bother anyone but they do that, they let him run about and I don't want to be, I can be pretty nasty if I want to be but that's ridiculous to do that. It is a problem. All I said was that if you allow unleashed dogs on the property, you are going to invite intrusions onto private property. If the town said no unleashed dogs, hopefully the person walking along below mean high water knows at least roughly about the mean high water line and private property is going to keep the dog from going up there and using it as a bathroom or whatever. That's the only thing about unleashed dogs as far as mean high water goes but you have to assume the owner has the sense to say no we'll stay where it's legal and the dog otherwise would have no way of knowing, you know, if he is unleashed about this since most people aren't even clear about that. SUPERVISOR RUSSELL: Sure, well, we need clarification because I don't know that we have the right to regulate the public trust lands but we are going to look into it with the New York State Department of State. MR. CATULLO: But you aren't really regulating public lands, by not allowing them to be unleashed, the dog is not going to traverse that mean high water line because if as I am saying, if the owner knows...... SUPERVISOR RUSSELL: But the issue is, if the town passes a leash law, does it pertain to the public trust lands if the town does not own or control. That's held by the state on behalf of the residents of the state. Those are types of issues, suppose they didn't go on Bailie's beach, they went on someone's private, suppose that neighbor with the dog decides to put the dog on, you know, take the dog down below the high water mark? You know, his ownership stops, too. So... MR. CATULLO: Fine. It's tough. SUPERVISOR RUSSELL: We'll have the state weigh in and see if we can get some clarification. MR. CATULLO: pardon me for being a little angry. I have been angry for five years. SUPERVISOR RUSSELL: Completely understood. Completely understood. MR. CATULLO: Alright. Fine. Charlene Catullo MRS. CATULLO: I just wanted to add one comment and I agree with you about the public doctrine. What causes the confusion is and what's the responsibility of the town to differentiate on Bailie Beach Road where the dog can be unleased? So you put up a sign, now how do you Southold Town Board Regular Meeting September 12, 2017 page 38 want people to interpret that sign? Because anyone that I would think is going to think they can walk below mean high tide, so is it your responsibility to say hey, this sign is for this area only and you know, that's where once you talk about ambiguity,that's where you get into trouble. SUPERVISOR RUSSELL: That's an excellent point. Excellent point. COUNCILMAN GHOSIO: What I was going to say was, I too have been attacked on three separate occasions. Twice by Doberman Pinschers and once by a German Shepherd. In fact, the Shepherd put me on top of a car that I couldn't get off of because there was nobody in the industrial park at that time, so I stood there for about an hour waiting for the dogs to leave. But in any case, I am sympathetic to what you are saying because I have lived it and it takes me a long time to trust a dog as well, I have said it in the past and I will say it now, I do think there's a place for dogs on the beach. I think that dog owners and their pets should have some accommodation at some point to do that. whether or not what we have done, you know, the first go around is the right way or if it's worked out to be what was envisioned, I don't know, but I just wanted to get that out that I am sympathetic to what you are saying, I know what the fear is like but I also believe that we have to make some kind of accommodations for dogs and their owners as well. MR. CATULLO: Is there, I am not familiar with all road ends but is there one road end where there is not private property giving access to the way we are having the problem with Bailie's? where you could have all the dog owners involved in a sort of cooperative, where they will pay into a fund, have someone clean up after the dogs and have this one place specified and the dog owners, as I say, chip in and maintain in a loose fashion, this area. Mainly cleaning up you know, the droppings. If there is such a place, it wouldn't have to be a pretty beach, dogs are not going to be aesthetically tuned to that, but at least it would be beach and water and such. COUNCILMAN GHOSIO: I don't know if this is the right forum and the right moment to come up with a solution, to recognize or perhaps we may have to take a look at it, I think that is reasonable. SUPERVISOR RUSSELL: Like a designated dog beach? MR. CATULLO: Yeah. SUPERVISOR RUSSELL: It is a very interesting idea. It really is. COUNCILWOMAN DOHERTY: Well, five years ago we talked about that and I don't think we could come up with one area. It's worth looking at again but the comments back then were, well, if the area is in Orient and I live in Mattituck, why do I have to go all the way? You know, you get all this back and forth and these comments, to you comment, I think every beach we have here we are fortunate is a beautiful beach. so, I don't think we have any beach where we could say this one is less desirable, so, but in any case, I don't know, it is worth having further discussions on that but the discussions that I remember we had five years ago we just couldn't come to a conclusion with that. Southold Town Board Regular Meeting September 12, 2017 page 39 SUPERVISOR RUSSELL: We would presumably have to acquire, at least if we owned something, we would have to look at the contiguous lands. But to get something of any meaningful size, we would probably have to acquire something. That's certainly something that is worth future discussion. COUNCILWOMAN DOHERTY: And I will take this time to also comment that it is in our local code that you have to pick up after your dog, no matter where you are. SUPERVISOR RUSSELL: Speaks to the issue of enforcement. COUNCILWOMAN DOHERTY: Yes. MR. CATULLO: That's the enforcement thing... COUNCILWOMAN DOHERTY: I see more people pick up the mess and leave the bag on the road and that is more infuriating that just leaving it there. MR. CATULLO: Yes. You wonder about, you were talking about leaving the chairs and the cooler, you can't think about what people are imagining in their heads. It's some bizarre stuff goes on there. SUPERVISOR RUSSELL: Thank you. MR. CATULLO: It's what makes us human I guess. Thank you. SUPERVISOR RUSSELL: Thank you. Please. Tom Foster, Orient TOM FOSTER: Tom Foster, I live in Orient. Good afternoon, I am sorry for being late, this may already have been discussed but last night at the Planning Board meeting a couple of things were mentioned. The upcoming burning couch, this weekend is the so-called burning couch festival in Orient and then on October 7th, at least on Fresh and Co.'s website, there's a bonfire and some kind of party and I know you have been alerted to the issues of the burning couch, I have seen the emails that went out which include the description of the event. Couch surfers international or something like that. I am just really here to report back to people in Orient, what if anything the Town Board, Code Enforcement, the Police might be able to do to control or maybe even eliminate this event. SUPERVISOR RUSSELL: We had actually from our perspective, it's not a permitted event and we've let the attorney know that represents the host, that the town is willing any and all legal means necessary that in our view, it's simply not allowed. I will Bill speak, we did a resolution engaging an outside law firm to go before a judge and look for a restraining order. MR. FOSTER: So you are looking for a TRO or an injunction? And what is the status of that? Southold Town Board Regular Meeting September 12, 2017 page 40 COUNCILWOMAN DOHERTY: We just did a resolution tonight, 786, and Bill can... TOWN ATTORNEY DUFFY: We are working on it as we speak. My office started forwarding the documents to outside counsel today, they are addressing the documents as we speak to go into court and secure a TRO and hopefully TRO and an injunction. MR. FOSTER: By Friday? SUPERVISOR RUSSELL: Yes. TOWN ATTORNEY DUFFY: By Thursday. It starts on Friday, so we hope to have the TRO by then. MR. FOSTER: Assuming that you get the TRO which I hope that is available, how is that going to be enforced? Will there be a police person stationed at the entrance of Ezair farm to tell people sorry it's gone? Because this is on what used to be called the world wide web with people from Tokyo responding. They are going to come whether there is a TRO or not. SUPERVISOR RUSSELL: We are not going to go to court and spend money on an outside counsel to get a TRO that we don't intend on enforcing. So we are going to discuss the enforcement component but I can assure you, if we are successful in that TRO, we plan on enforcing it with any and all means. Whether that involves the police department, whether that involves code enforcement, whether that involves the fire marshal, we intend on enforcing any TRO that we are going to secure from the judge. COUNCILMAN GHOSIO: They plan on having multiple live musicians and DJ's. MR. FOSTER: It seems to fit the definition of special event in 205-2. SUPERVISOR RUSSELL: I would submit that perhaps they could apply for it and we would consider that application but I haven't gotten an application, so I can't say if it would qualify for a special event or not. From my view, it would not. But... MR. FOSTER: I don't know if it qualifies but it seems within the definition of a special event. SUPERVISOR RUSSELL: It might very well, however, I am not prepared to say that all they need is a special event permit. I think it falls outside the aegis of the special event legislation. I know what you are saying but what I am saying might stand a little bit firmer than that. If they want to apply for a special event permit, I would gladly review it and see what they have to submit but from our perspective, we've never gotten anything from them, from our perspective this point we do not believe... TOWN ATTORNEY DUFFY: Part of the land is preserved and if they were intending to have it on the preserved area, that violates our easement rights over the property so they... Southold Town Board Regular Meeting September 12, 2017 page 41 MR. FOSTER: Part of the Ezair farm has part of it preserved? I wasn't aware of that. SUPERVISOR RUSSELL: Yes. TOWN ATTORNEY DUFFY: Most of it. MR. FOSTER: Most of it, okay,that's good to know. COUNCILMAN GHOSIO: Inaudible, been advertised as a 200 plus person camping trip on a private 90 acre tree farm. Camping, barbecue, two beaches to swim and chill at, live music, dancing, great company and much more. MR. FOSTER: That's exactly what I was reading on the web. And this isn't the first time. this has happened every year since 2011. SUPERVISOR RUSSELL: I remember 2011 and the issues, we had a police presence there. I honestly, no one has brought it to my attention since then. You know, usually that communities very efficient of getting ahold of me when things go awry, so I was actually surprised, I read the emails. I was surprised to know that they had been doing this each year. MR. FOSTER: Okay, but you did see that the marina operators were quite distressed? SUPERVISOR RUSSELL: Oh, yes, we saw that. Believe me. MR. FOSTER: And they called the police, so it should be in the records of the police department that this was an incident last year that was reported. SUPERVISOR RUSSELL: It could very well have been. Well, look, fool me once. This time we are aware of it, we are going to take every action necessary. If you look at any specific activity that's planned, some of that might fall under special events but you have to look at the global use and from a global use perspective, no, I don't think it's a permitted use, period. MR. FOSTER: And I remember Scott, your favorite word was holistic. SUPERVISOR RUSSELL: Yeah, well, I am going with global now. Holistic has become trite. MR. FOSTER: In 205-9, it says there's a $500 to $1500 fine but there isn't any other remedy that's listed. You believe that there's grounds for a TRO that will actually, what would be, let me ask another way. If the TRO is denied and they go ahead and hold the event without any permit, 209 goes on to say that a second offense is a misdemeanor, so I hope that even if we fail this year, that for next year we will have a record that establishes that this is a problem, they have been notified and it is a misdemeanor. Southold Town Board Regular Meeting September 12, 2017 page 42 SUPERVISOR RUSSELL: I probably already spoke more than the Town Attorney would let me, I am surprised he is not throwing his shoe at me, but I will say that we are looking at every possible scenario, plan A and plan B. I just can't discuss anything... MR. FOSTER: Okay, that's fine. And I've really am particularly interested in this because to me it's sort of a dress rehearsal for the town's response to the October 7th event which is definitely on development rights protected sold land, that's been announced, I don't know of any permit that has been asked for or granted for that event. SUPERVISOR RUSSELL: I have not received a special event permit... TOWN ATTORNEY DUFFY: We have notified the owner of that property, too, we have obviously more time to address that situation but we have notified the property owner there. MR. FOSTER: It's less than a month but I would be very interested after seeing what happens this weekend, I will be back in two weeks and we will talk about it. SUPERVISOR RUSSELL: Okay. TOWN ATTORNEY DUFFY: Just remember, there is a reserved parcel there that has reserved rights intact, so they may be able to apply... MR. FOSTER: There is a five acre parcel, that's correct, on that land that has no development rights sold. To get to it, you need to pass over development rights sold. To park on it, you need . to pass development rights sold property. I think there might even be an issue even if they said we are going to confine it to the five acre parcel that has been reserved for residential building. So even if that completely answers and I would hope that you would continue to investigate, even if that is what they claim. TOWN ATTORNEY DUFFY: well, again, as the Supervisor said, they would still have to apply for the permit. We haven't received an application... MR. FOSTER: And it's a 60 day window from the ZBA, as I understand it from the code. SUPERVISOR RUSSELL: The Town Board makes the decision on special events permits at this point, I don't, did we change the code or do they still go to the ZBA? TOWN ATTORNEY DUFFY: It hasn't been changed yet. SUPERVISOR RUSSELL: Okay, so it still goes to the ZBA. MR. FOSTER: Well, I assume that the Town Board is the ultimate authority on everything. SUPERVISOR RUSSELL: Based on any denial issued by the ZBA, we are the appellate, it would come to us. Southold Town Board Regular Meeting September 12, 2017 page 43 MR. FOSTER: Right. So ultimately, it is this august group that is going to make a decision. Okay, well, I appreciate your time. Thank you very much and I will see you in a few weeks. Supervisor Russell SUPERVISOR RUSSELL: Okay. Would anyone else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:34 P.M. Eliz eth A. Neville Sout old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell