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Home My WebLink AboutTB-08/29/2017 ELIZABETH A. NEVILLE �S11FFpCK Town Hall,53095 Main Road TOWN CLERK j�o� coGy 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 29, 2017 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 29, 2017 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on August 29, 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. RulandTown of Southold Councilman Present Jill Doherty _ _Town of Southold ! Councilwoman , Present ert ' RobGhosio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold s Supervisor Present 3 Elizabeth A.Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present 1. Reports 1. Justice Court Monthly Reports -Justice Evans 2. Justice Court Monthly Reports -Justice Hughes 3. Justice Court Monthly Reports - Justice Price 4. Planning Board Monthly Report 5. Town Clerk Reports Southold Town Board Regular Meeting August 29, 2017 page 2 II. Public Notices III. Communications IV. Discussion 1. 9:00 Am - Craig Jobes 2. 9:15 Am - Chief Flatley 3. 9:30 Am -Denis Noncarrow,Jeff Standish and Michael Collins 4. 9:45 Am -Denis Noncarrow,Rona Smith and Rory MacNish 5. 10:15 Am -Vincent Orlando,Highway Superintendent 6. Code Amendment 7. Trustee's Proposed Marine Contractor Law 8. Proposed Rental Permit Law 9. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:37 AM for the purpose of discussing the following matters: Labor-Matters Involving Employment of Particular Person(S) 11:30 am -Vincent Orlando 12:00 am - Chief Flatley Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 10. EXECUTIVE SESSION -Labor-Matters Involving Employment of Particular Person(S) 11. EXECUTIVE SESSION - Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof 12. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:37 PM. Southold Town Board Regular Meeting August 29, 2017 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 13. 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 1:37 PM until the Regular 7:30PM 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 14. Update on Code Enforcement Officers Integration of the Mobile Municity Software 15. Resident Beach Parking—Two Year Permit 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 7:30PM 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 Pledge to the Flag Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise for the Pledge to the Flag. Thank you. Would anyone like to address the Town Board on any of the agenda items? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. 762, which is non-conforming buildings. I would just like to say thank you for your work and for anybody who hasn't read this or doesn't understand it, I know it's just being placed on for public hearing tonight but my point is and also I just said that you and I talked about it a few times but the fact that I feel partially responsible for it because I made a lot of noise about it, the point is that you should know that you do respond when people make noise and I think you are to be commended for it. Whether it will go through as it is or not after the hearing but thank you. Southold Town Board Regular Meeting August 29, 2017 page 4 SUPERVISOR RUSSELL: We, Robert, we actually essentially removed one small paragraph and replaced it with another small paragraph. Took us several months, we fast tracked it for you. It took a long time. MR. DUNN: Inaudible. SUPERVISOR RUSSELL: I was just implying that it really was a fairly simple fix but it did take us some time because of complicating issues. MR. DUNK: You had to come up with the right words, I understand. But the thing is, if it had been left the way it was (inaudible). Supervisor Russell SUPERVISOR RUSSELL: Thank you. Thank you. Would anyone else like to address the Town Board on any of the agenda items? (No response). V. Resolutions 2017-729 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 29, 2017. ✓Vote Record-Resolution RES-2017-729 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn fames Dmizio Jr Voter Q 11 1i ❑ Supervisor's Appt William P Ruland Voter E1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-730 CATEGORY. Set Meeting DEPARTiVEATT. Town Clerk Southold Town Board Regular Meeting August 29, 2017 page 5 Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 12, 2017 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2017-730 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Gltosto Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-731 CATEGORY. Attend Seminar DEPARTMENT: Historian Amy Folk to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Amy Folk to attend a seminar entitled Assoc. of Public Historians of NYS 2017 Annual State Conference in Poughkeepsie,NY, from October 31-November 2, 2017. All expenses for registration,travel, lodging, and meals to be a legal charge to the 2017 budget (meetings and seminars). ✓Vote Record-Resolution RES-2017-731 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Ir Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 29, 2017 page 6 2017-732 CATEGORY.• Attend Seminar DEPARTMENT. Police Dept Police Department-Training Request I RESOLVED that the Town Board of the Town of Southold hereby lzrants permission to Detective Sergeant Sinning and Detective Steven Harned to attend the 30th Annual Colonel Henry F. Williams Homicide Seminar in Albany,NY from September 10-15, 2017. All expenses for registration,travel and related expenses to be a legal charge to the 2017 budget lines A.3120.4.600.225, A.3120.4.600.300 &A.3120.4.600.200 ✓Vote Record-Resolution RES-2017-732 IZ Adopted ❑ Adopted as Amended ❑ Defeated T - — -- - --- -- — Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover IZI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter I7 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-733 CATEGORY: Budget Modification DEPA RTME AT: Human Resource Center Reallocation of HRC Donations Financial Impact: Reallocate donations on behalf of Rudolph Bruer to the Meals on Wheels Program RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: To: Revenues Gifts and Donations A.2705.40 Donations $860.00 Total: $860.00 To: Appropriations Programs for the Aging Southold Town Board Regular Meeting August 29, 2017 page 7 A.6772.2.500.600 Senior Program Equipment $860.00 Total: $860.00 ✓Vote Record-Resolution RES-2017-733 0 Adopted ❑ Adopted as Amended ❑ Defeated , Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter D_ ❑ ❑ ^❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 i ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-734 CATEGORY: Grants DEPARTMENT: Public Works Contract Extension, NYS Parks Grant Financial Impact:No cost contract extension for NYS Parks Grant-Hurricane Sandy Disaster Relief Assistance, in the amount of$30,000 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a no-cost contract extension in connection with the Hurricane Sandy Disaster Relief Assistance Grant for the Fort Corchaug Archeological Grant to 12/31/2018, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-734 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 1 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting August 29, 2017 page 8 2017-735 CA TEGOR Y. Organizational DEPARTMENT.• Town Clerk Peconic Landing Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Peconic LandinIZ at Southold, Inc. for a fireworks display on September 3, 2017 at 7:15PM (Rain Date: September 4,2017 at 7:15 PM), on the Peconic Landing's property at 1500 Brecknock Road, Greenport, New York,upon the payment of a single fee of$100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits. ✓Vote Record-Resolution RES-2017-735 0 Adopted ❑ Adopted as Amended ❑ Defeated —- — - - — - --- -- - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter _RI 11 ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys App[ Scott A.Russell Voter 0 ❑ ❑ 11 ❑ No Action ❑ Lost 2017-736 CATEGOR Y.• Employment-Town DEPARTMENT• Accounting Rescind Resolution Number 2017-615 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution#2017- 615, adopted at the July 18, 2017 regular Town Board meeting in its entirety, which read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Shannon Merker to the position of Part Time Court Officer for the Justice Court effective July 21, 2017 at a rate of$30.40 per hour, not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2017-736 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended James Dmizio Ir Mover 0 0 ❑ ❑ Southold Town Board Regular Meeting August 29, 2017 page 9 ❑ Defeated William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-737 CATEGORY. Refund DEPARTMENT.• Solid Waste Management District Tip Fee Refund RESOLVED by the Town Board of the Town of Southold to issue a refund to Juan Lawn Care in the amount of$71.10 for a tip fee for brush inadvertently charged to her vehicle which was actually hauling woodchips on August 19, 2017 at the Cutchogue Transfer Station. ✓Vote Record-Resolution RES-2017-737 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye i No/Nay Abstain Absent ❑ Tabled -- - - ------- ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 11 ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-738 CATEGORY.• Attend Seminar DEPARTMENT: Engineering Michael Collins to Attend AutoCAD 2016/2017 Essentials Course Southold Town Board Regular Meeting August 29, 2017 page 10 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michael Collins to attend the AutoCAD 2016/2017 Essentials Course in Melville,NY, on October 10-12, 2017. All expenses for registration,travel to be a legal charge to the 2017 budget (meetings and seminars). ✓Vote Record-Resolution RES-2017-738 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 El❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio j Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-739 CATEGORY: Budget Modification DEPARTMENT. Solid Waste Management District SWMD Budget Mods Financial Impact: To provide funds for referenced lines. Incoming scrap tires and refrigerant items have exceeded estimation, these modifications are expected to fund through year's end. DEC Environmental Monitor charges are complete for the year. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Solid Waste Management District budget as follows: From SR 8160.4.500.100 DEC Environmental Monitor $5,200 Total $5,200 To: SR 8160.4.100.525 Tires $1,625 SR 8160.4.400.815 Scrap Tire Removal 1,825 SR 8160.4.400.850 Refrigerant Removal 1,750 Total $5,200 ✓Vote Record-Resolution RES-2017-739 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ 0 Tabled William P Ruland Voter 0 0 0 ❑ Southold Town Board Regular Meeting August 29, 2017 page 11 ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-740 CATEGORY.• Attend Seminar DEPARTMENT.• Accounting NYS GFOA Training Approval Financial Impact: Seminar and web inars given by NYS and National GFOA (Government Finance Officers Association)for required annual training for purposes of Continuing Professional Education (CPE) as it relates to my CPA license. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower to attend a seminar on municipal finance topics in Hauppauge,NY, on October 3, 2017 and November 15, 2017, and webinars on August 30, 2017, September 27, 2017 and November 9, 2017. All expenses for registration and travel to be a legal charge to the 2017 budget (meetings and seminars). ✓Vote Record-Resolution RES-2017-740 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receivers Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-741 (ATEGOR Y.• Field Use-Town DEPARTY11ENT: Recreation Southold Town Board Regular Meeting August 29, 2017 page 12 Field Use—Peconic Inline Hockey League RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Peconic Inline Hockey League to use the hockey rink at Cochran Park for local youth to play roller hockey mid September, 2017 - mid November 2017 from 5:00 p.m.- 8:00 p.m. Applicant has filed with the Recreation Department a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. An updated Certificate of Insurance will be obtained upon policy renewal in October. Final schedule will be coordinated with the Recreation Department. ✓Vote Record-Resolution RES-2017-741 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 742 SUPERVISOR RUSSELL: This is a resolution acknowledging the retirement of Robert Scott. I think Robert Scott is one of the most decent people I have ever met and I had the honor of working alongside of him for 15 years. This is a big loss to the Town of Southold, it is bittersweet, I am happy for him as he undertakes new adventures in retirement. I do have to tell you, I would not be sitting here today if it were not for Robert or Scotty as we call him. I actually came out one weekend in 1990 and he encouraged me to put my name in to run for Assessor. It had never even occurred to me until I got that encouragement from him. I appreciate everything he has done for me: Thank you. 2017-742 C4TEGGRY.• Employment-Town DEPARTIVENT. Accounting Acknowledges the Intent to Retire Robert I. Scott Jr. RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Robert I. Scott Jr. from the position of Board of Assessors Member for the Assessor's Office, effective December 31, 2017. ✓Vote Record-Resolution RES-2017-742 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting August 29, 2017 page 13 ❑ Adopted as Amended James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Defeated William P Roland Seconder CEJ ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-743 CATEGORY. Budget Modification .DEPARTMENT: Fishers Island Ferry District 2017 Budget Modification-FIFD Financial Impact: to cover over expenditures 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 August 18, 2017, which amended the 2017 Fishers Island Ferry District budget in the amount of$27,000.00. ✓Vote Record-Resolution RES-2017-743 0 Adopted ❑ Adopted as Amended ❑ Defeated _ m Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter ❑✓ ❑ ❑ ❑ ❑ 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 Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-744 CATEGORY.• Refund DEPARTMENT. Town Clerk Refund-Jean Schweibish Southold Town Board Regular Meeting August 29, 2017 page 14 RESOLVED that the Town Board of the Town of Southold hereby grants a refund in the amount of$15.00 to Jean Schweibish(as agent for Mattituck Laurel Civic Association), 200 Walnut Place, Mattituck,N Y for a Yard Sale permit that was never used. ✓Vote Record-Resolution RES-2017-744 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _.._ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-745 CATEGORY.• Close/Use Town Roads DEPARTMENT. Town Clerk Pack 39- Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pack 39 Cub Scouts to hold its annual Cubmobile Soapbox Derby Race on September 16, 2017 (rd September 17, 2017 from 8:OOAM to 12:00 PM on the North side of Eastside Avenue, Mattituck, 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-2017-745 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 11 Withdrawn lames DInizio Jr Voter 0 El El ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 29, 2017 page 15 2017-746 CATEGORY: Refund DEPARTMENT.• Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit North Fork Reform Synagogue 6/9/17 $250.00 c/o Ellen Zimmerman Po Box 105 East Marion,NY 11939 ✓Vote Record-Resolution RES-2017-746 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 11 ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-747 CATEGORY. Refund DEPARTMENT. Recreation Field Use Fee Return- UK Elite Soccer WHEREAS U.K. Elite Soccer Inc. supplied the Town of Southold with a Field Use fee in the amount of$1,000.00 for their requested field use of Strawberry Fields from July 10, 2017 Southold Town Board Regular Meeting August 29, 2017 page 16 through July 14, 2017 WHEREAS UK Elite did not use the field due to no participant enrollment, this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued to UK Elite Soccer, Inc., 210 Malapardis Road, Suite 101, Cedar Knolls,NJ 07927 in the amount of $1000.00 ✓Vote Record-Resolution RES-2017-747 id Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-748 CATEGORY: Employment-Town DEPARTMENT: Accounting Permanent Appointment Erica A. Bufkins WHEREAS the Town Board of the Town of Southold has provisionally appointed Erica A. Bufkins to the position of provisional Planner Trainee effective February 6, 2017, and WHEREAS Erica A. Bufkins has taken and passed the Civil Service examination for Planner Trainee, and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Planner Trainee, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Erica A. Bufkins to the permanent position of Planner Trainee from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Erica A. Bufkins to the position of Planner Trainee from the Suffolk County Department of Civil Service List of Eligible's effective August 30, 2017 with no salary change. Southold Town Board Regular Meeting August 29, 2017 page 17 ✓Vote Record-Resolution RES-2017-748 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn - James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-749 CATEGORY: Budget Modification DEPARTMENT. Trustees Board of Trustees-Budget Modification Financial Impact: To cover shortage in overtime account RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: From: A.8090.4.400.840 Contracted Services, Pump-Out Boat Waste Disposal $1,300.00 Total $1,300.00 To: A.8090.1.100.200 Personal Services, Overtime Earnings $1,300.00 Total $1,300.00 ✓Vote Record-Resolution RES-2017-749 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt .till Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting August 29, 2017 page 18 2017-750 CATEGORY. Budget Modification DEPARTMENT. Government Liaison 2017 Budget Modification- Youth Financial Impact: transfer donations RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 General Fund Whole Town budget as follows: From: A.2705.40 Other Donations 5,200 To: A.7310.4.600.100 Youth Program Activities 5,200 ✓Vote Record-Resolution RES-2017-750 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter '; El ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter ; 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 11 ❑ ❑ Rescinded Robert Ghosio i Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-751 CATEGORY. Budget Modification DEPAREVENT: Accounting 2017 Budget Modification-Police/Accounting Financial Impact: Cover 207-c payments 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 August 29, 2017 page 19 From: A.3120.1.100.100 Police-Regular Earnings $68,540 A.9040.8.000.000 Employee Benefits-Workers Compensation $20,000 Total $88,540 To: A.9040.8.000.100 Employee Benefits-207C Benefits $88,540 Total $88,540 ✓Vote Record-Resolution RES-2017-751 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 11 ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-752 CATEGORY.• Organizational DEPARTMENT. Town Clerk Denial of Fireworks Application RESOLVED that the Town Board of the Town of Southold hereby disapproves the issuance of a fireworks permit by the Town Clerk to Shawn McBurnie for a fireworks display on September 9, 2017 on the property of Breeze Hill Farm & Preserve located at 31215 County Road 48, Peconic,New York, based on the decision of the Fire Inspector that it does not comply with New York State Building Code. ✓Vote Record-Resolution RES-2017-752 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt till Doherty Mover 0 ❑ ❑ ❑ El Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting August 29, 2017 page 20 ❑ Lost 2017-753 C,47EGORY.• 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.5110.1.100.100 Full time Regular Earnings $18,000.00 To: DB.5130.1.100.100 Brush weed Regular Earnings $18,000.00 ✓Vote Record-Resolution RES-2017-753 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr Voter ❑ Withdrawn ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter IZI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-754 CATEGORY: Employment-Town DF.PARTME IVT. Accounting Appoint Peter Gatz Groundskeeper III RESOLVED that the Town Board of the Town of Southold hereby appoints Peter Gatz to the position of Groundskeeper III for the Department of Public Works, effective August 31, 2017, at a rate of$32.9526 per hour. Southold Town Board Regular Meeting August 29, 2017 page 21 ✓Vote Record-Resolution RES-2017-754 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _. ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-755 CATEGORY.• Attend Seminar DEPARTMENT. Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby Grants permission to Lt. James Ginas and Sgt. Richard Perkins to attend the Impact Training Conference from September 12-14,2017 in Albany,New York. All expenses for registration, travel and any additional related costs to be legal charges to the 2017 budget lines: A.3120.4.600.225 / A.3120.4.600.300/A.3120.4.600.200. ✓Vote Record-Resolution RES-2017-755 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty ; Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-756 CATEGORY. Employment-Town Southold Town Board Regular Meeting August 29, 2017 page 22 DEPARTMENT. Accounting Hire School Crossing Guard-Police Department 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$91.71 effective September 6, 2017. ✓Vote Record-Resolution RES-2017-756 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 Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-757 CATEGORY.• Employment-Town DEPARTYIENT. Accounting Appoint David Coughlin Groundskeeper II RESOLVED that the Town Board of the Town of Southold hereby appoints David Coughlin to the position of Groundskeeper II for the Department of Public Works, effective August 31, 2017, at a rate of$31.3840 per hour. ✓Vote Record-Resolution RES-2017-757 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Din¢io Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 29, 2017 page 23 2017-758 CATEGORY. Budget Modification DEPARTUENT. Accounting 2017 Budget Modification- Capital Financial Impact.-Authorizes use of budgeted Highway Part Town operating funds for capital projects WHEREAS the Town Board of the Town of Southold adopted a 2017 Capital Budget which includes an appropriation for road resurfacing, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund,now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the 2017 Capital Budget as follows: Capital Project Name: FY2017 Road Resurfacing Financing Method: Transfer from the Highway Part Town Fund Budget: Revenues: H.5031.91 Interfund Transfers Road Resurfacing $350,000 H.5031.92 Interfund Transfers Sidewalks $25,000 Total $375,000 Appropriations: H.5112.2.400.100 Road Resurfacing Capital Outlay, C.S. FY2017 Road Resurfacing $350,000 H.5410.2.400.100 Sidewalk Improvements Capital Outlay, C.S. Sidewalks $25,000 Total $375,000 ✓Vote Record-Resolution RES-2017-758 d Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended James Dmizio Jr Voter lZ ❑ ❑ ❑ ❑ Defeated William P Roland Mover R1 ❑ ❑ ❑ ❑ Tabled .111 Doherty Seconder d ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Louisa P Evans Voter D 11 ❑ Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Southold Town Board Regular Meeting August 29, 2017 page 24 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-759 CATEGORY: Employment-Town DEPARTIAIENT. Accounting Attend NYS Retirement System Employer Education Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christine Foster, Secretarial Assistant, to attend the New York State Retirement System Employer Education Seminar in Huntington,NY on September 27, 2017. All expenses for registration and travel to be a legal charge to the 2017 budget (meetings and seminars). ✓Vote Record-Resolution RES-2017-759 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter RI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-760 CA TE GOR Y. Local Law Public Hearing DEPART IEN77- Town Attorney PH 10/24/17- 7:30 Pm - Chapter 275 Coastal Contractor Licensing WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29t11 day of August, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline, in connection with Coastal Contractor Licensing" 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 Southold Town Board Regular Meeting August 29, 2017 page 25 24th day of October,2017 at 7:30 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 275, Wetlands and Shoreline, in connection with Coastal Contractor Licensing" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275,Wetlands and Shoreline, in connection with Coastal Contractor Licensinjj". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, it is the purpose of these amendments to provide herein for a strengthened system of local licensing of marine contractors in order to more fully protect homeowners and responsible marine contractors alike. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. COASTAL CONSTRUCTION - The repair, modification, re-construction or new construction of structures including but not limited to bulkheads, docks, floats,jetties, groins, catwalks, stairways decks revetments, any erosion or water control device. Included in this definition is landscape design, landscape architecture,the installation or maintenance of lawns, hedges, trees and other plantings or structural elements such as patios, decks, retaining walls, in-ground irrigation systems, or other work in and around wetland areas which requires a permit pursuant to this Chapter entitled Wetlands and Shorelines or Chapter 111 Coastal Erosion Hazard Areas of the Town Code. COASTAL CONTRACTOR-A person who carries out, engages in, undertakes or holds himself out to others as performing or available to perform coastal construction. 275-3(a) Licensinj4 of Coastal Contractors. A. CommencingJanuary anuary 1, 2018 it shall be unlawful for any person to engage in coastal construction in the Town of Southold without first obtaining a license from the Southold Town Clerk's Office in accordance with the provisions of this Chapter. Such license or a copy thereof shall be available at all of the contractor's work sites and shall be produced to any official having jurisdiction upon demand. Licenses for coastal contractors are non-transferable. B. Exceptions. No license shall be required for the following_ (1) An individual who engages in coastal construction on their own residential property. This exception shall not apply to corporations, limited liability Southold Town Board Regular Meeting August 29, 2017 page 26 companies or other unincorporated business entities. (2) An individual who performs labor or services for a licensed coastal contractor for wages or salary. (3) An architect, professional engineer, land surveyor or an other who is required by state or Town law to attain standards of competency or experience as a prerequisite to engaging in such craft or profession and who is acting exclusively within the scope of the craft or profession for which he is currently licensed. (4) Any municipality or government agency. C. Fees. (1) The fee for a coastal contractor's license shall be set by the Town Board, and shall be paid upon the filing of each application. A license issued hereunder shall be for a period of one year from the date of issuance thereof. D. Insurance required. A coastal contractor shall have a certificate of insurance and workers compensation insurance coveringliability upon applying for a coastal contractor's license and shall maintain such policy during the period the license is in effect. In addition to the above coastal contractors must provide proof of an issued Suffolk County Contractors license where applicable. Failure to maintain said coverage will provide grounds for revocation of the license pursuant to § 275-3a(E). E. Acknowledgement of Town Law Compliance All applicants for a coastal contractors license shall be required to read,review and provide an acknowledgement that they are on affirmative notice of Chapters 111 and 275 of the Town Code and agree to abide by the requirements set forth therein. They must further acknowledge that failure to do so may result in the revocation of the coastal contractors license. F. Revocation of license. (1) Licenses issued under the provisions of this chapter may be revoked by resolution of the Board of Trustees upon notice and hearing before the Board of Trustees. (2) Licenses may be revoked for failure of contractors to abide by the terms and conditions of Trustee Permits and/or violations of Section 275 of the Town Code. (3) Notice of the hearing before the Board of Trustees for revocation of a license shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing. (4) Grounds for a hearing shall be a conviction for a violation of section 275-5 or 275-11 of the Town Code (5) Such notice shall be sent by certified mailing to the address provided in the application for the license on file in the Town Clerk's Office, or, in the alternative, to the license holder's last known address. Such notice must be mailed at least five days prior to the date of the hearing. (6) At the conclusion of said hearing, the Board of Trustees may, at their discretion, suspend or revoke the license or take no action. (7) In the event of two or more suspensions the Trustees may move to permanently bar the holder from license eligibility. (8) In addition to the revocation hearing, a violation of the provisions of this chapter Southold Town Board Regular Meeting August 29, 2017 page 27 may be separately maintained in the Town Justice Court in accordance with 275-16. 275-16. Compliance requirements; penalties for offenses. B For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense.[Amended 12-18--2007 bi LL No. 2;-2007: -23-2010 by LL. No. 1-20101 1 Failure to obtain a permit. Any person conducting operations within the jurisdiction of the Trustees without first obtaining a permit according to the procedures outlined in this chapter shall be subject to a fine of not less than $1,000 and not more than $4,000$6,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. f2) Failure to comply with the terms of a permit. (a) Any person failing to comply with the terms of a permit shall be subject to a fine of not less than$500$1,000 and not more than $4,000$6,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 $2,000 nor more than$7,500 $10,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. 1(3) Any person failing to comply with posting the permit and/or the requirement for supporting plans to be available for immediate inspection pursuant to § 275-10 shall be subject to a fine of not more than$1,000. LQ_Failure to heed a stop-work order. Any person conducting operations in direct contradiction to the terms of a stop-work order shall be subject to a fine of not less than $1,000 and not more than$4,000 $6,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000$2,000 nor more than $7,500 $10,000 or a term of imprisonment of not less than 15 days nor more than six months, or both. _Restoration. In lieu or in addition to these punishments, any offender may be punished by being ordered to restore the affected wetland to its condition prior to the offense. Any such order shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the approving authority. The Trustees reserve the right to require specific replanting and restoration methods including specific survivability and success criteria. 5 Failure to comply with a restoration plan. Any person failing to comply with the terms of a mandated restoration plan as detailed in Subsection B±4�of this section within the proscribed period of time for completion shall be guilty of an offense and subject to a fine of not less than $1,000 and not more than $4,000 $6,000. (6) For the offense of conducting or engaging in in any coastal construction project or Southold Town Board Regular Meeting August 29, 2017 page 28 business without having first obtained a license, or while his license is suspended or revoked, a violator shall be subject to a fine of not more than $5,000 for the first offense and not more than $10,000 for each subsequent offense. 7 Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other mitigative measures, such as off-site wetland restoration or creation, may be required. {-7}(88) Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above,a violator shall be subject to a fine of not more than $1,000. 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 This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2017-760 CEJ Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _ a ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-761 C11TEGOR Y.• Local Law Public Hearing DEPARTMENT. Town Attorney PH 9/26/17- 7:31 Pm - Chapter 189 Parking WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 291h day of August, 2017, a Local Law entitled "A Local Law to consider amending Southold Town Code Chapter 189 (ParkinJ4)" 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 the Southold Town Hall, 53095 Main Road, Southold,New York, on the Southold Town Board Regular Meeting August 29, 2017 page 29 26th day of September, 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, entitled "A Local Law to consider amending Southold Town Code Chapter 189 (Parking)" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, entitled "A Local Law to consider amending Southold Town Code Chapter 189 (Parking) to amend the dates that Town Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 189. Parking 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 valid for the vehicle and an attached trailer. [Amended 5-9-1972; 10-18-1994 by L.L. No. 21-1994] Southold Town Board Regular Meeting August 29, 2017 page 30 (4) A Resident Parking Permit shall be valid for two years. The first two (2) year permit period shall commence January 1, 2018 and terminate on December 31, 2019. Thereafter, a new two (2) year permit period shall commence on January 1 st of every even-numbered year. (4)(5) The fee for the residential parking permit period, or any part thereof, issuanee f a resident parking ing ro,mit shall be suefee ., shall be prescribed by resolution of the Southold Town Board. II. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2017-761 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter R1 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-762 CATEGORY. Local Law Public Hearing DEPARDIENT: Town Attorney PH 9/26/17- 7:32 Pin- Chapter 280 Nonconforming Buildings WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29th day of August, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming buildings with conforming uses" 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 26th day of September 2017, at 7:32 p.m. at which time all interested persons will be given an Southold Town Board Regular Meeting August 29, 2017 page 31 opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming buildings with conforming uses" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming buildings with conforming uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 280. Zoning Article XXIII. Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. [Amended 4-24-2012 by L.L.No. 6-2012] B. Reconstruction of a damaged building. (1) n noneonfofming building , „+.,i„ing a rf^,.ming, w-hioh has been damaged by fire or other eauses to the ex4epA ,.f,,.,,,,.o than cnoi of its value shall not be-repair-ed-or-rebuilt unlesssuch building is mad substai#ially to ee fefm to the heigh4 and y ar- r epAs „file Bulk. Com}"Nothing in this chapter shall prevent the complete restoration of a building destroyed by accidental cause such as fire, flood, explosion, riot, or act of God, nor prevent the continuance of the use of such building or part thereof. Such restored building shall not exceed the dimensions of the building destroyed. (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE Southold Town Board Regular Meeting August 29, 2017 page 32 This Local Law shall take effect January 1, 2018. ✓Vote Record-Resolution RES-2017-762 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings None Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to address the Town Board on any issue to please feel free? Matthew Bloch, East Marion MATTHEW BLOCH: Matthew Bloch, my wife and I live in East Marion and we have a small agricultural business, an egg farm in Southold. About, I guess last weekend, I was driving on the North Road and passed the Southold Town beach and saw a huge Confederate flag flying in the parking lot of the town beach. and I am sure I am not the only person that has seen this flag kind of going up and down the roads of the north fork this summer and while I acknowledge that the Constitution gives private people the right to do whatever they want on their property and to fly flags from their cars, I don't think that necessarily applies to private people doing the same on public spaces. In fact, I think the town code regulates the making of speeches in recreational areas and to the extent that flying the flag is protected is because it is a form of speech. So in addition to just being kind of mad and sad to see that flag flying in the parking lot, I had two thoughts. One was, to ask the board to consider clarifying the fact that flying a flag is in fact allowed at the beaches and if it is not, to direct the parking attendants to turn anyone away who shows up flying a flag and the second point is, the fact that it may be legal to go up and down the roads of our community flying the Confederate flag doesn't make it right, so I would ask the board to reflect on that and if upon reflection feel appropriate to make some form of public statement to the community that while we cherish the principle that gives people the right to fly flags like that, we don't agree with what it stands for. Thank you. Southold Town Board Regular Meeting August 29, 2017 page 33 SUPERVISOR RUSSELL: Yes, I am just going to quickly say that of course, I don't support or I recognize what it stands for but some of the rhetoric over the last week or so, I think we need to walk very carefully because there are constitutional issues that we all need to consider. I think we need to make our civil liberties our first priority and I think too many people have sort of, they died defending that and I think we owe it to them to protect those civil liberties and to keep them from injury. I think that, one of the things that concerns me, if I am not mistaken, Neo- Nazis, one of their goals is to strip us of our civil liberties and we are better than them and I don't think we should give in to emotions. I think that once we lose those liberties, we will never get them back, regardless of how despicable an act might be. MR. BLOCH: I don't know anything about rhetoric, I have shown up here because 1, you know, I am on my own, I am not representing anybody. SUPERVISOR RUSSELL: I understand. MR. BLOCH: I wasn't suggesting anyone strip anyone of any civil liberties, but again, I think that if we are going to be an inclusive community, someone needs to stand up and speak to what that is a symbol of and whether we agree with it or not. I am not suggesting that people don't have the right to fly their flags and to make their speeches but to do it on a public space without a permit first of all I think is wrong and I also think it's the responsibility of all of us, including our elected officials, to make clear how they feel about that flag. You can be respectful about the civil liberty issue and still disagree, emotionally or not, what the symbol stands for. COUNCILMAN DINIZIO: I am a little confused, are you saying that somebody posted a Confederate flag on public property? MR. BLOCH: They drove their truck onto the beach and sat there with that flag in the parking lot. COUNCILMAN DINIZIO: So it was on someone's truck? MR. BLOCH: Yeah. COUNCILMAN DINIZIO: So you are opposed to someone flying a flag on a public road? MR. BLOCH: In a recreational parking lot, understand, the town code today prohibits people from making speeches in recreational areas, you can't make a speech... COUNCILMAN DINIZIO: You are saying a flag is making a speech, sir, then why wouldn't an American flag not be... MR. BLOCH: The question is whether, again, I am not suggesting that you would deny people a permit or not, I am saying the rule is, apply for a permit. If you don't have a permit... COUNCILMAN DINIZIO: But if it was an American flag and someone drives in there with an Southold Town Board Regular Meeting August 29, 2017 page 34 American flag, are you suggesting that we not have that person turned away also? MR. BLOCH: Again, if the rules are, which I think they are, that you can't make a speech without a permit, then you get turned away without a permit. And if it was up to the Board or whoever grants permits, to grant that permit and you know, if(inaudible) I think the basis upon which to distinguish between an American flag and a Confederate flag and whether you grant a permit for that or not but the issue there is whether you should grant the permit or not. We can disagree about whether you should or you shouldn't but if the rule is get a permit, then you should get a permit. And I venture to say this guy didn't have a permit. COUNCILMAN DINIZIO: Well, I would be willing to investigate that. I would be willing to have the Town Attorney look into that and get you an answer. MR. BLOCH: That was why I suggested it. SUPERVISOR RUSSELL: Bill, have you, I know you guys have looked into the issue of a flag on town property, I believe the conclusion was that it was not addressable in the town code. TOWN ATTORNEY DUFFY: Correct, that was our opinion, that it was a matter of constitutional rights and we didn't feel we had any right to enforce. COUNCILMAN DINIZIO: Can I just comment? I think it deserves a formal answer, you know, mull it over and whatever it comes out and in two weeks, read it quite honestly. I mean, you have to set it straight. Either way, it doesn't concern me, I am just concerned about are we having a discussion about a flag or are we having a discussion about what that flag represents? And that flag represents to some people something and to some others nothing and it might be offensive to some others and not offensive to others.... MR. BLOCH: Absolutely, absolutely. I am suggesting that I think you are right, there are actually two questions, there's the one about you know, are we having an argument about whether you can fly a flag or not (inaudible) and that is what I was suggesting. The first question is just sort of a technical, legal one and the second is one of how people feel and (inaudible). COUNCILMAN DINIZIO: Like I said, I would be prepared to have the Town Attorney give a formal answer on that. A constitutional answer, you know, we do zoning, we don't do constitutional stuff. 'I don't really know the answer to that question. I don't think you should go away without an answer. COUNCILMAN GHOSIO: Well, let me just take it to the next step. Let's say the Town Attorney does find that we could rule that a person that wants to fly any particular flag on town property has to apply for a permit and presumably they get the permit, what have we accomplished except to maybe sensationalize something that, as long as I have lived here, this is the first time I have seen a confederate flag flown in anybody's truck. Not that it hasn't happened, I don't know. Are we overreacting to something that isn't a big problem? Are we sensationalizing it? I don't know. Where do we go from here? Southold Town Board Regular Meeting August 29, 2017 page 35 COUNCILMAN DINIZIO: I think we go to the Town Attorney and let him answer the question. MR. BLOCH: I mean, I think that this is an interesting conversation which I don't want to take up everyone's time, including your valuable time more than we already have. I am more than happy to continue the conversation, which I think should be had, in whatever forum you or anybody else wants to. I think that those are valid questions, personally I would think that things start small and then get big so the fact that we haven't seen a rash of confederate flags doesn't mean that you ignore it when it shows up, I mean, that's just me and I also think that is there is a permitting process involved, I don't think that it necessarily holds true that there isn't a way to distinguish between granting a permit if someone wants to fly an American flag and granting a permit if someone wants to fly a Nazi flag, for example. And where does a confederate flag fall? Well, maybe somewhere in between but not just all flags get the same treatment. Just like all speech doesn't get the same treatment. Anyway, I have taken up enough of your time. Thank you. Cathy Simicich CATHY SIMICICH: I just wanted to ask a question. He is trying to say that if he had a flag on his truck and he went on town property, the flag was on his truck, correct? SUPERVISOR RUSSELL: It was, yes. MS. SIMICICH: He needs a permit to fly that on town property? COUNCILMAN DINIZIO: I think we should find out that answer, like I said, we do zoning, we don't do constitutional stuff. So having the discussion without the benefit of having the research behind it seems premature to me. I know that there's a lot of feelings involved in this and that's okay, but again, we need to find out what we as a board can, what we can do. Inaudible. We can't do that if we don't have the benefit of.... MS. SIMICICH: Yeah but the thing is, the thing that you are bringing up is, you are going to look at everybody's truck and you are going to take everybody's bumper sticker off because it offends you. And you need a permit, you need a permit. COUNCILMAN DINIZIO: Well, he is saying that but we need to look at what our code says and what the federal government says, what the constitution says and then have our discussion based on that not on what this gentleman says. MS. SIMICICH: I know what the constitution says. We have a right of free speech. SUPERVISOR RUSSELL: What all, I agree. MS. SIMICICH: If we start this, okay, then you are opening up a can of worms, okay? Go ahead, then you are going to have everybody, you might as well tell everybody take your American flag and that's the next thing, if somebody is offended on the American flag. I'm offended on that black lives matter that's come along, I am offended on that police flag that's flying by your house. You might as well get rid of that, too. You are opening up a can of worms Southold Town Board Regular Meeting August 29, 2017 page 36 if you listen to him and even look into it. SUPERVISOR RUSSELL: Let me just say, the issue is a lot simpler than that from Jim's perspective. The gentleman raised the issue on what he believes the code says, we are asking the Town Attorney to answer the question. That's all that is. MS. SIMICICH: Okay. SUPERVISOR RUSSELL: Okay. MS. SIMICICH: What does the code say? You should know the code by now, if you had, if he was talking about over two weeks it's been in the paper, you should have been prepared to find out what the code was. COUNCILMAN DINIZIO: No, ma'am, look, we do zoning, that's what we do. That's what our town attorney deals with on a daily basis, so I am asking him, okay, step outside of that and tell us what we, as people who do zoning, can answer this gentleman. He is saying our code says something. Okay, I know our code pretty well, I have been dealing with it 30 years, so I am just saying, okay, let's just firm up our discussion before we have a discussion on it. I don't even, I know what I think about it but I am unwilling to say what I think about it until I know what my constitution says, where I fall on that. And that, no agreement at all with what the gentleman says,just he raised the question, we should find out what the answer to that question is. TOWN CLERK NEVILLE: Excuse me, may we have your name for the record please? MS. SIMICICH: Cathy Simicich. Peter Harris, Greenport PETER HARRIS: Good evening, Peter Harris, Greenport. Got a list of questions here for tonight and my first question is, how much funding has been spent to this point for the road repaving projects in Southold Town this year? SUPERVISOR RUSSELL: A little over$800,000. MR. HARRIS: $800,000, okay Scott. And we have how much left? SUPERVISOR RUSSELL: We have $700,000 of town money. The $800,000 is $350,000 from the appropriation from the budget and about $500,000, exceeding $500,000, from the CHIPS program and New York State paves grant. MR. HARRIS: So you said you have got roughly $700,000 left? SUPERVISOR RUSSELL: $700,000 left. I think the budget, we moved $350,000 this evening. Once we do that... Southold Town Board Regular Meeting August 29, 2017 page 37 MR. HARRIS: That was transferred from highway part town fund, $350,000. SUPERVISOR RUSSELL: That would leave about $300,000 in the capital budget which hasn't been allocated yet. MR. HARRIS: Okay. Back in November when the Board was talking about putting allt his money together for resurfacing projects for the year 2017 and the superintendent had given you a list of roads, is those same roads, that list, is that the list he is using for this year. SUPERVISOR RUSSELL: Yes, it is. MR. HARRIS: That answers my first question, Scott. The second thing I have on here, my question is, why have some roads, that certainly didn't need to be resurfaced, get repaved while other roads that need to go untouched? As you know, I came to your office, I threw that question at you and you know, I certainly am not god but I was in the business for 43 years and I served this town for 12 and when I saw, when I came upon something one day when I was out and about, I am saying to myself, what in the world we going to pave this road for, there is nothing wrong with it. I was delivering flowers for Ivy League flowers and I came to the intersection of Oaklawn and Pine Neck and from the intersection of Pine Neck to the Goose Creek bridge which is on North Bayview, the road, there was nothing wrong with it. There was absolutely nothing wrong with this road. Get on the east side of Goose Creek bridge and follow North Bayview down to the intersection of North Bayview, that road needed to be resurfaced but we probably paved, I don't know 3/4 of a mile and it didn't need to be done. I mean, at some point down the road, if there were, if everything was taken care of, roads that were deteriorated had all been taken care of and we still had funding left over, okay, we say we can go ahead and do this portion of this main thoroughfare. I had to go up to North Parish Drive, Northfield Drive, that's where I was headed. The roads are falling apart. But yet we paved, this town, paved a road that didn't need to be resurfaced. I just don't understand. There's a lot of roads out there that are still in desperate need of resurfacing. I just, mind boggling and quite honestly, people may not like what I am going to say, that's poor management. The next thing has got to go with the same place we just resurfaced. Why would the highway supervisor send a crew out to repaint the center lines on town roads only to have them covered with asphalt days later? We go out and we restripe the road and a few days later, now we go out and pave over it. we waste material, we waste man hours, who's minding the shop here. And I have got to tell you, I think there are some other roads that are getting ready to get done that the roads have been striped there also. Poor management. Sound Avenue, single busiest town owned road in Southold, and a section of it got repaved. It needed to be repaved. I am happy it got repaved. All summer, almost all summer, they never bothered to go back and put the lines down, so there were these little white dots all summer long, that's a dark, dark area when you drive up and down that hill. They have since gone down, they did the center lines but the outer white lines, they haven't been done. That should have been done no later than a couple of weeks after that project was done. That's a main travel thoroughfare. Poor management. Just recently, we had a situation where a car on Bray Avenue, the road was flooded, we all know it's a very bad area, the gentleman, for whatever reason, he figured he would go and try to drive around, he drove into the sump. A sump that was dug, there used to be a drainage field there with multiple drainage structures Southold Town Board Regular Meeting August 29, 2017 page 38 buried, it was felt that it would be better done if they would remove those structures, increased the size of the area with a sump, it could handle more water, great idea. However, why wasn't there a fence erected around this sump to prevent anyone from getting into it? God forbid, thank god the superintendent of highways just happened to be coming through that day but more importantly, what happens if there had been a little child, had gotten out of the house and gotten into that sump and drowned? This town would be facing one heck of a lawsuit, in my opinion and I am no lawyer but common sense tells me, it's town owned property, it's a town owned structure, you let somebody get in there, it's on your dime, somebody would have got sued. Poor management. Just recently I was, found out that the lease with the Glover family, that the town leased the barn for storage for town highway equipment, I guess Public Works equipment whatever, that the town has decided to do away with that lease. The town outside of that new mechanic building being built, we certainly didn't add any storage space to put equipment when it's out of season, put it inside to keep it out of the elements, we didn't build anything to do that. I don't know, I think when I was in office, we were paying $600 a month, roughly $7,200 a year, I don't know if the rent went up or you know, maybe if the rent went up to $10,000 a year. in my opinion, $10,000 well spent until the town can put up a building to store their equipment in. Some of that equipment, I listened to the last work session that's been taped on channel 22 and you know, some of the older snow fighting equipment, yep, it's old. Still does the job because the money wasn't there to replace it. but the fact of the matter, when it wasn't being used it wasn't left out in the elements. It was put away until it was time to use it and then we would put the street sweepers and the air vacs and everything else, put them away for the winter so they didn't sit out in mother nature's wrath. So I just don't understand why we would, why we would, Bill, you are a farmer, is your equipment in your barn? Your tractors, do they sit outside or you have them in your barns. COUNCILMAN RULAND: That is correct. MR. HARRIS: Smart thinking. Because they last longer when you are able to put them in out of the elements. So the fact that the town doesn't have the moneys to build a facility to put them in, then again, I don't know what the reason was or what, I am going to say probably by now they want $10,000 a year. in my opinion, $10,000 is a bargain. And lastly, does the new mechanic shop building, is that sprinkled? Have a sprinkler system in it? Wood truss construction, sprinklers in there? COUNCILMAN RULAND: I don't believe so. The welding shop does. MR. HARRIS: Yeah but the whole building is wood truss though. COUNCILMAN RULAND: It's steel covered. MR. HARRIS: Okay. COUNCILMAN RULAND: I believe the building inspector determined before construction that the way it was constructed it wasn't required, except in the welding shop. Southold Town Board Regular Meeting August 29, 2017 page 39 MR. HARRIS: Okay, I will accept that answer, Bill. I just, I had these questions, they have been bothering me and I just felt I needed to come here and bring this to somebody's attention because quite honestly, listen, I was here back in November and I said, if I am not mistaken, there is no one sitting up on that dais that really knew anything about paving, okay? There are people out there that say, well Harris, he put that micro stuff down. With the amount of money that the board gave me to work with, that's why Harris put micro down. He did put asphalt down in areas but I best I could with what I had. COUNCILWOMAN DOHERTY: That's exactly what I said at work session today. MR. HARRIS: Because there's people been out there, saying about what Harris did and I said, not for nothing, I am a big boy. I have got broad shoulders. I didn't do nothing wrong. I did the best I could with what I had. it's just like when I started buying those New York City Mack sanders, I think I was paying like an average of$5,000 a piece for them and if you get five years out of them, that's $1,000 a year. But when that truck is brand new, it's $300,000. Just like Bill said, the superintendent, he was able to get a couple of those Army surplus trucks and I would suggest to him or anyone on the board that I would contact the state department of transportation OGS office in Hauppauge. I had to stop earlier about a month ago in Route 58 yard to complain about the stop sign at the intersection of the junction of 25, 58 and Main Street, that the thing was leaning over and had been that way for five days and I called the police department and they said we notified the state numerous times and I said okay, the one on Bailey Avenue just to the east was leaning over, end of Jim's Road, they had taken the directional sign for Greenport and Mattituck going west,they pulled that right out of the ground, so when I walked in the door and I started to make my request, the lady had just a tiny, tiny attitude problem and then I said, excuse me ma'am but I worked here for almost 30 years. That was my territory, so I know what I am talking about. I am not a person just talking to hear myself talk, it's the fact of the matter if it's a stop sign, a stop sign goes down, it's supposed to be taken care of within 24 hours, not just when I can get around to it. it's a stop sign, it's a regulatory sign, not just a; wouldn't you know it, that afternoon they were taken care of. What I was going to say, when I looked out the door, there was all these brand new trucks they just got. Now the state had, I know they are going to have surplus trucks they are going to be trying to get rid of. more than likely, some of those Mack's are going to go, they have got stainless steel bodies, so they won't be rotted out. The state does, outside of plowing snow and using those trucks for traffic interference to protect a mower or a sweeper or something, they don't haul material anymore, it might behoove this town board to have someone get a hold of the state DOT office, the OGS office in Hauppauge because those trucks are like 10 years old. I think they hold them 10 years now. But they are not going to have a lot of mileage on them and they are Macks. Bill can tell you a Mack is a very reliable truck. So, with that I will leave you unless somebody else has anything to say to me. SUPERVISOR RUSSELL: I just want to address, I know you had come to me the other day to raise the issue of Oaklawn and Pine Neck. I went and talked to the highway superintendent about it, that was actually a collaboration with the Suffolk County Water Authority who is actually paying part of the cost because the patch, they went in and put it over the pipe they ran was failing so they offered to pay part of the cost. Okay? Southold Town Board Regular Meeting August 29, 2017 page 40 MR. HARRIS: The only thing I will say though, Scott, is now the curb line, you have maybe that much reveal so your curbs that you had... SUPERVISOR RUSSELL: I saw that. MR. HARRIS: You don't have anymore. Okay. COUNCILMAN DINIZIO: I would like to say something if I could, you know, last year we voted to give the Highway Department a large amount of money, Pete and that increase was about an 8% increase in taxes that this Conservative never thought he would vote for but after listening to the year after year after year of the highways not getting the money they should have gotten, I thought that now is the time to start that, to bite that bullet and start putting stuff down that we can put in. we have the great credit rating, it's a good time, we have a low interest rates to start spending money on our roads and putting down stuff that lasts 20 years instead of 5, so that's the reason for that. I saw a minimal amount of money being spent when you were there and honestly, that should never have occurred. We should have just kept going. Today we got a list of all the roads that had something put down on them. I am going to go back and research and get exactly what was put on those roads since 2008, I believe we got the list and you know, start making a list that can be ongoing and know that we checked it every year to see if these roads are still good or they need to come up and start grading them a little better. The list that we got last year was a start, it was a start, okay? It wasn't something as detailed as I would have liked and I have been asking for but I found in five years of being here that things move slowly, very slowly. And I know you just have to continue to go, so in defense of the new superintendent-he's here four years, there seemed to be very little in the way of for him to look back to see what was going on beforehand, so you know, we are trying to help that situation and trying to create a history that will move forward and allow us to maintain those roads in a proper fashion. So I was the one screaming last year, look, we can't keep putting down this slurry, whatever it was... MR. HARRIS: Micro-surfacing. COUNCILMAN HARRIS: You know, we can't keep putting this down if all we are going to keep getting you know, five or seven years out of it. You know, our roads are only going to be used more and more, it's not less and less anymore. So I thought we did a good start, this year we will either continue to spend the kind of money we have for last year and we are going to have to continue moving forward until we get all the roads properly paved. I think that you can't just put it all on one person. It changed, good to bad, mismanagement, I don't know. It's hard in government when you have a change (inaudible) and you know, I just don't think that he got the proper help that he probably needed to, I am not speaking to his qualifications because people get elected and when you have people get elected, the people have chosen and we have to work with those people. So we have what we have, I hope that things continue to improve. I think that they will because this board is committed to putting the money where it belongs. As far as the barn is concerned, I don't know. I don't know how that works, so I can't really answer. You know, I get the idea they should be inside. I don't know if they are now. I was always under the Southold Town Board Regular Meeting August 29, 2017 page 41 impression that there is room now in that yard to put stuff that there wasn't because we did have our mechanics in one building, that building is still there. MR. HARRIS: I believe the building is being used for other things. Just a couple more things, Jim. First of all, this is to Louisa, being as though you are the elected official for Fishers, it is imperative that you, ever budget year, fight, scratch, claw for a percentage of money to go to that Island. Because when the money is slim and you have got 400 lane miles here compared to 30 lane miles on the Island and the price of what it costs to go to the Island, I mean, you have got to stand up Louisa and you have got to say, not for nothing but we are taxpayers too and you have got to proportionately give us, I mean, there were years that I went over there and we did stuff and years that I didn't have any money and I had a mess over here, there was no way that I could take that kind of money to go to Fishers Island to do the work because it just wasn't there. but being as you are the elected official representing that Island, you need to, when it comes down to that red marker, when you are going there cutting moneys out of a potential budget, that's where you need to dig your heels in and say, hey, we need money over here,too. JUSTICE EVANS: I am hoping with the new system of grading roads and prioritizing, that maybe that will give a little stronger when the Fishers Island roads show up at the top of the list as being in the worst shape. I agree with you, they need a lot more attention. It shouldn't be a matter that it costs three times as much it should be which roads need to be done. MR. HARRIS: Quite honestly, and I had, I believe I had also said this just prior to getting out, you should go, I feel the town, it's got to, and this is nothing personal against the superintendent but he wasn't a highway person when he came to be highway superintendent, okay. I think the town needs to hire a consultant that that's what he or she does, they go out and they grade that road from an A to an F and show you what roads, what priority. Listen, from the work that has been done to this point, I would, almost every road that they did, I would have done if I had the money. Because they needed to get done and there's still a lot more that needs to get done. But the only thing negative I will say is that I offered assistance and I was turned down, didn't need it. So... COUNCILMAN GHOSIO: I have a question though, related but not directly to what you are speaking of. we were talking about the micro-surfacing this morning and if I am understanding right, the price of a barrel of oil directly relates to how much we pay for asphalt, right? MR. HARRIS: Micro-surface, it wasn't, it was like a polymer. It wasn't, it wasn't asphalt asphalt. It was a water based polymer. COUNCILMAN GHOSIO: I know, I know. But my point was, in defense of the micro- surfacing quite frankly was back when we started to use that, you were using that, it was actually a good thing because the price of oil was so high, asphalt was astronomical. MR. HARRIS: Right. Well, Ray Jacobs, my person before me, he used it a lot himself. COUNCILMAN GHOSIO: Right. Southold Town Board Regular Meeting August 29, 2017 page 42 MR. HARRIS: And we, we sat down and we hashed the pros and the cons and he said, listen, not for nothing but when the money is tight and you don't have a lot, that stuff goes a long way and if it can buy you five or six years, then so be it. COUNCILMAN GHOSIO: Well, my point being is you having done that actually got us through a period of time where asphalt was very expensive compared to today and that's a good thing and now we can use asphalt because it's a lot cheaper than it was and maybe get more for our.... MR. HARRIS: Well, the fact that you budgeted it, you budgeted the money and you did it in a very diligent way because now a lot of, those roads, some of them roads should anyway, should have 18-20 year lifespan, okay? A heavy traveled road, maybe 12-15, okay? as long as your sub-base is good but if you have something that's real spongy or something underneath and you just go and you put it over the top of it, it's going to be good for now but that will break up sooner than not. Thank you. SUPERVISOR RUSSELL: I know the conversation's going, I just want to say three things. First, Pete, we acknowledged today that you did the best you could with the micro-surfacing. We didn't give you a lot. I was actually involved with more budgets than the rest of the members of the board and I know some years, the asphalt line was as low as $325,000. I think there was some years it was around $650,000 maybe $675,000 a couple of years but when the budget got tight, we went to the asphalt line. So I can see that part of the problem we are in today was not just the winters but maybe not giving the resources we should have to maintain the level of maintenance. But one thing I do want to address to Councilwoman Evans, is that 16% of the public roads on Fishers Island have been resurfaced over the past several years. Only 2 % of the town roads, so I do think the town has been investing in the infrastructure of Fishers Island. MR. HARRIS: Inaudible. JUSTICE EVANS: There has been paving done since you left office, too. Not that there shouldn't be more done. SUPERVISOR RUSSELL: Please. Dan Catullo, Mattituck DAN CATULLO: Hi, hopefully you will have a good evening. This is Dan Catullo, arising from a five year hiatus. What is old is new again. The speaker at the last meeting who is here today, brought up an old wound, reopened the wound that I think some of you remember on the dogs on the beach. Now, it's been viewed with some humor etc. over the years but I found nothing humorous in it but I did resolve not to come up and make a fuss about it. However, there were several comments made during that meeting that I thought should be addressed and I am here to do just that. First of all, this speaker, he felt that Goldsmiths beach was unique in that it was the depository for all the dogs, the dogs that go to the beach in the Town of Southold. When I started the whole thing five years ago, I think I was one of the prime movers of the law that evolved. I complained that Bailie Beach was the dog beach because of the overwhelming Southold Town Board Regular Meeting August 29, 2017 page 43 number of dogs that I observed there, so we are on a similar track. But if you go around now, you will see that in fact that the dogs aren't really that prevalent, are not that absent from the other beaches and all congregating at the Goldsmiths beach. Secondly, Councilwoman Doherty made a statement, a really well measured statement at the last meeting where she felt that every dog at every public property place in Southold should be on the leash at all times. Very good. I agree with that. Get to that later. Supervisor Russell made a statement, the law that was passed in 2012 was a flawed law, it had some imperfections but it was better than what pre-existed which was no law at all, there was nothing on the (inaudible) as far as the dogs on the beach business was going on. Now let me take each of these things in turn. First, if you go to a beach, any beach that surrounds the town and we have plenty of them, you will see that there are dogs, they are happily playing and running about, different times, different concentrations. It doesn't seem like there's an inordinate flow or not a total flow towards Goldsmiths and to say that it's the dog beach is not accurate. Okay, so as far as my own personal involvement having been the victim of a dog attack that perhaps initiated this whole business five years ago, I came to many of the meetings and was involved with newspaper articles etc. and never found that there was any specific targeting of Goldsmiths for dog deposits and I think again, that's something that we have to deal with as far as the fact that dogs are widespread throughout the town and Supervisor Russell's taking Councilwoman Jill Doherty, her speeches seem directed by common sense, by logic, when she said at the last meeting, dogs, all dogs, should be leashed while on town property. But the amnesia that seems to have set in that she voted for the law at that time that exempts dogs from leashing 92% of the time just amazing, during the time of the summer bathing season. COUNCILWOMAN DOHERTY: I disagree with that because as I read the code, it says that a dog shall be tethered, or I forgot the exact words I don't have them in front of me right now, that on public property at dog should not be running at large. MR. CATULLO: Right. COUNCILWOMAN DOHERTY: The code says that. MR. CATULLO: But on beaches, but the specifics of, the beach problem was specific. The problem about the town universally is acceptable, every dog on public property should be leashed but the law that was passed as a result of all these dog debates in 2012 were specifically there were what I call a temporal safety perimeter, a fancy name for saying that in a time ring there was a mandate for dog leashes, 9:00 in the morning to 5:00 in the evening on the three summer months when bathers were on the beach, that's fine, okay, we deal with that. but outside of that..... COUNCILWOMAN DOHERTY: No, the interpretation of that is wrong. The 9-5 is on beaches were there is a lifeguard which is 9-5 in the code, actually they don't get there until 10:30 now but while there is a lifeguard on duty, there is not a dog allowed on that particular beach, that's what that 9-5 was. I don't have the code in front of me, so I am not going to argue... Southold Town Board Regular Meeting August 29, 2017 page 44 MR. CATULLO: I got really involved in this and that was not the interpretation I had. I had, on the beach adjacent to my property where I was attacked, right on my property on the beach, right off the Bailie beach area, those dogs attacked me. I went into this in great detail, I talked to you personally, I think at the library my wife and 1. COUNCILWOMAN DOHERTY: Yes. MR. CATULLO: And I didn't take that away from it, and again, what I took away from it was that from 9-5 there was nothing in reference to whether there are lifeguards or not. There are select places where lifeguards are and so I didn't get involved in that because there are no lifeguards at my beach, Bailie beach and they weren't involved therefore and the problem that I had when I was fighting off two savage attacks, simultaneous attacks, so again, you have thrown me a curve there on the lifeguard issue. Maybe Bob can clarify that but at any rate, what I did like was your initial statement in the meeting two weeks ago was that dogs should be on leashes on public, town property. Excellent. I will get back to that in a minute. I just wanted to mention about the supervisor who had the, he had mentioned a law that, the 2012 law that had been put a restriction, though lax,though imperfect, on dogs on the beach was fine because it was compared to no law at all which pre-existed and that's wrong. There was a law because of my insistence and perhaps annoying nature in trying to get some justice on this thing after the attack on me, I think I initiated some research on this and it came up that a long forgotten law, shouldn't have been forgotten, that claimed and was still in effect at that time and for years before actually, that all dogs at all times, under all circumstances whatever, are not allowed on the beaches. Anyway, anyhow. That was very dramatic, I think you all now must remember it, I mentioned this because I think you were afflicted with the same amnesia that Jill was on these points that this was then, these points were voted in ignorance of that law perhaps or certainly ignoring it. and it shouldn't have been. The law itself is illogical anyway. If you are standing on the beach at two minutes to 5 in the afternoon, you like the sound of the water against the sand, you are waiting for sunset and two three minutes later, suddenly the entire safety status changes. Without moving an inch of your foot, you now go from being under the protective umbrella of a leash law to outside again of what did I call it? The temporal safety perimeter and now dogs can be unleashed and do whatever they want. Again, that's disconcerting because a law just shouldn't be so unsettling. And the speaker has no problem, according to him dogs on the beach whether leashed or not don't bother him and yet he seemed very agitated by an incident he mentioned at the last meeting where four dogs were running amok among a crowd of two or three dozen people, including children, in what he called potential disaster was in the works. Well, that's valid. I understand that but the two things can't be reconciled. He was very angry there was no law enforcement about the leash-less dogs running about and yet he is not bothered by dogs on the beach... SUPERVISOR RUSSELL: I am going to cut you off and say it's not for you to disparage the comments of another speaker who exercised his right to address this board. If you have issues, you need to address the board, if you have issues with comments made by me or Councilwoman Doherty please feel free. But it is not your role to come up here and disparage someone else, a member of the public, who has every bit the right to speak as you do. Southold Town Board Regular Meeting August 29, 2017 page 45 MR. CATULLO: Okay, that's valid. I admire him and a lot of his stances and in fact, I mentioned beforehand not to take this personally but I will agree with that, fine. I will drop off that. The town realizes that there is a problem with leash-less dogs, I mean, it's an almost universal stance that all dogs throughout town on public property, as Jill had said, must be leashed. I said almost. The almost meaning of course there are exceptions and the exception we are dealing with is beaches. Why are dogs allowed on the beach when they aren't anywhere else? That really doesn't make sense, that's why I was saying it's not very logical. At the beach, people aren't wearing shoes, they are not wearing very heavy clothes, they are not really protected from the intrusions of a dog, his claws and his teeth, and so they are actually much more vulnerable to a dog attack on the beach then they are in a park or on a road anywhere else in town. Yet, the beach is where in this perimeter that I mentioned, they are exempt at that time period. It sounds silly to me, I think there is something or someone interpreted something years ago that something happens to a dog when it gets within sight and sound of the surf and sea where his entire physiology is altered, his entire behavior, his instincts are all somehow altered where he is (inaudible) incapable of attack, release him from the leash. The dog will go do what dogs can do. Makes no sense, check physiology books. Inaudible. Don't understand it. Enforcement was discussed both at the work session and at the last meeting, it's very discouraging. Most of the enforcement issues were about garbage scofflaws, but some of them were about dog issues. You always have the characters that are not going to follow the rules but if the old law, the old rule had been in effect which Scott, you said didn't exist which in fact was on the books even though it wasn't in effect through the virtue of no one knowing or enforcing it, if this law had been in effect, enforcing it would have been easy. You walk to the beach, there's a dog, there's somebody adjacent to the dog. Okay, the connection is there, the law is no dog is supposed to be there. it's simple, get a witness or a photograph, get a cop, get a fine placed and has been mentioned at the last meeting, enough of these fines and even the most dense of intruders or violators will finally get the message. On a basis of the new law, you have a lot of arbitrary things going on. First off, is there a leash on the dog? Second, is it just adjacent to the dog or not there at all? is the dog, the length of the leash really valid or does he have a 30 foot leash on which is useless. Is the dog's leash within the time parameters that I mentioned? The 9 to 5 deal. Is it within the month, not November but August? So we have another thing to debate. There's an enforcement problem there as well, where it was so simple in the harsher, admittedly harsher law that was provided during the length of the first law that was in place. So again, I think I have addressed whatever came up in the last issue there and made my statements as far as (inaudible). When I was here in the past, I was very discouraged by it. I haven't been to the beach very much since. I have gotten the conditioned response, pavlovian response to just stay away because of the very unhappy circumstances of that whole incident. But just remember one thing, the way the law stands now, 8% of less than 100% of the time that a dog is allowed to be without a less, less than 8% of always. 8% of always these dogs are allowed to run free on Southold Town beaches. And that's it. I don't k now if you have any comments or contras or what. SUPERVISOR RUSSELL: Thank you. Just quickly before you go, the gentleman from East Marion, I misspoke earlier. I didn't imply that you were espousing rhetoric in fact, I think the discussion that's taken place the past few weeks on the issue is good but it just hasn't been civil in other forums, not yours. And that's the unfortunate thing. Robert? Southold Town Board Regular Meeting August 29, 2017 page 46 Robert Dunn MR. DUNN: I am going to be quick. This dog issue isn't over. I had planned on speaking tonight about it anyway, it wasn't anything Mr. Catulla said, I believe there may be some confusion about what we are actually saying now. The signs on the town beaches, on Kenney's beach and on McCabe's beach say no dogs 9to 5 without a leash. Then there's a second sign that says no dogs while lifeguards are on duty. I assume it's the same thing at New Suffolk. COUNCILWOMAN DOHERTY: We are going to have to review that. MR. DUNN: And what that has done in fact, has created a reason for people to go to Goldsmiths with their dog because they can't go to these other beaches. They may also be going to some of the road ends like Mr. Catulla's. He is actually on a road end, Bailie beach proper is part of Mattituck Park District, doesn't allow dogs. And I believe what's happening now and this is really annoying me is some of the attendants are telling people you can't bring a dog on this beach, you can go to Goldsmiths. So we have got to address this thing and whatever we have to have, whatever the rules are for the town beaches,,whatever the rules are for any beaches, whatever the rules are at road ends, needs to be the same town-wide. It may be a misunderstanding what I said, I like seeing the dogs on the beach, I like seeing them running free. I really don't mind it but I think there's a time and a place for it all and maybe the time and place is not in the daytime, maybe the time and the place is not in the summer on any town beach they need to be on a leash at all times. And then it's got to be enforced, vigorously. And if it isn't followed, then there's no dogs on the beach at all, so it's their choice. If everybody is not going to practice what the rule is,then the dogs have got to go. But right now I know that people are sending people with dogs to Goldsmiths. Because they won't let them go on the other beach and they stand there at the gate and say, oh, I can't? I always did, well, you can't do it here no more but you can go to Goldsmiths. I went the other day, there were four families with dogs, two of them came in cars with Mattituck Park district labels on it, they also had Southold Town, so they had the right to be there but what people are doing is coming to Goldsmiths because you can't go anywhere else with a dog in the daytime. Now at night, you can go where you want to go or after 5:00. Or when there's no lifeguards, so we have created a little monster here and the whole thing needs to be revisited. I know it kind of became a, Mr. Catullo was right, it kind of became a joke about this whole thing of dogs and the beach but if you live there and you have got to listen to dogs bark or you have got to listen to some crazy lady running around the parking lot saying I can't get my dog, he won't listen to me and he is running away, lady, the sign here says he is supposed to be on a leash and she looks at you like you have got three heads. I don't want to call the police about a lady whose dog is not on a leash, that's crazy. You need to pay that kind of money for someone walking around, you know the point I am making, we don't need to send a cop for someone with a dog. Either they are allowed or they are not allowed and if they can't play right, then they are not allowed. It's that simple. The other thing I wanted to ask you, the plastic, well, can I get some feedback on this dog issue? SUPERVISOR RUSSELL: I will be the first to agree with you, I am as guilty as anybody for trivializing the issue of the past years. I am probably as guilty as anybody for doing that because it was a rather comical issue, it became so large and once we got past it, I am guilty. I'll give you that, I am guilty. Southold Town Board Regular Meeting August 29, 2017 page 47 MR. DUNN: And I truly feel for the dog owners. I know, there are a number of people on Mill Lane that regularly walk their dogs past my house, I watch them, I got a big huge 6 window TV set in my living room and I know everything that goes on there. I know all the dogs, I know all the people, they see me out there, as some of you know, I have done a lot of work on the beach there, so people know me too and they don't go on the beach. Who goes on the beach is the people that come from other areas, they go in their car and they sit on the beach. Most of the people that live there, they don't want to bring their, there is one person, his dogs are always out on the leash, they don't go out of the house without a leash. It's people are coming from other places because they can't take their dogs on the beach there and I am sure there are other places besides Goldsmiths, perhaps Bailie's beach, the road end and some of the other road ends that are suffering the same problems. People are going there and then abusing that and those beaches are unattended, so nobody is chasing them away and nobody is doing anything. and if you go out and say something to someone, they get nasty with you. you don't want to call the police about a dumb dog. COUNCILWOMAN DOHERTY: I remember when we did this, it was very difficult and we tried to balance it out with all the comments that were made... MR. DUNN: It isn't balanced. COUNCILWOMAN DOHERTY: And I remember saying when I did vote for it, that we will be revisiting this one day because... MR. DUNN: We are. We are. And I am not going to let it go, I am speaking for myself and I am maybe implying for someone else. I am not letting this one go. And I hope that some of the dog owners come in, too. There were some very vocal people here on the dog side when that happened but we need to come to mutual understanding that has got to be town-wide, we can't exempt one beach from the rule. We can't exempt the road ends from the rule. It needs to be town-wide. COUNCILWOMAN DOHERTY: But understand that we cannot dictate to the park districts of what they, what their rules are. MR. DUNN: No, you can't but you can dictate about the town beaches. COUNCILWOMAN DOHERTY: Yes but not the park districts. MR. DUNN: And if the park districts are going to ban them, that's their right and we don't have to meet their law. COUNCILWOMAN DOHERTY: Right. right. MR. DUNN: And I fully defend that. that's their property. Just like the people that own beach front, that's their property. They have got a right to decide what happens on their property, no question about that. it's park districts shouldn't be sending people to Goldsmiths because, oh, Southold Town Board Regular Meeting August 29, 2017 page 48 you want to take your dog to the beach, go to Goldsmiths because, or you want to take your dog to the beach, got to Goldsmiths, you can't come here. And I believe that that's going on. I can't prove it but I can just tell you, all of a sudden I am seeing Mattituck Park district tags at Goldsmiths beach and do go out and check stickers because I come here often enough and you know it, complaining about how many cars are there without stickers. So you know I am checking stickers. There's no lie there. So I was really surprised and I then I realized (inaudible). I mean, I am out there watering plants that I planted, so I check to see who it was, they were four families all with their dogs. They said, oh, let's go to the beach today with our dogs and that's fine, but then they shouldn't be able to go to any beach, not just Goldsmiths. So that no one beach would have to suffer. I don't want to ban dogs from the beach, don't want that to happen. I don't think that's fair to the 95% of dog owners that live in this town that pick up after them, that keep them on a leash,they shouldn't be punished by the 5%that... COUNCILWOMAN DOHERTY: I agree. MR. DUNN: Okay. So the plastic things that people put hooks in? What are those? Who put those up? SUPERVISOR RUSSELL: There's a couple of Scouts that put those up, I think there's a couple of organizations.... COUNCILMAN GHOSIO: The fishing lines. MR. DUNN: Yeah, yeah. SUPERVISOR RUSSELL: A couple of different organizations that had done it over the years. COUNCILWOMAN DOHERTY: The latest was the environmental..... MR. DUNN: It's been a bad thing. Either somebody has got to pick it up or you need to take those things down because it's just become garbage pits and I didn't mind cleaning it out on a weekly basis, as I have done for two years now, until last week when it got clogged and I had to reach in and it was a diaper. COUNCILWOMAN DOHERTY: Yeah, I knew that was going to happen. DPW has contacted environmental... MR. DUNN: That's not their job. COUNCILWOMAN DOHERTY: Yes, I know but they have contacted an environmental group, I don't want to say which one because I am not sure. MR. DUNN: You don't have to. Southold Town Board Regular Meeting August 29, 2017 page 49 COUNCILWOMAN DOHERTY: This year, but I can ask Jeff to make sure he contacts them to find out... MR. DUNN: Either they are going to do it or they are not going to do it. and if they are not going to do it,take them out. COUNCILWOMAN DOHERTY: I agree. MR. DUNN: Because what happens, worse than that they get stuffed with garbage, you look around the ground all over, fishing hooks. COUNCILWOMAN DOHERTY: Yeah. MR. DUNN: On the beach, where everyone is walking barefoot. It was a good intention that a 15 year old had and now he is in college and he can't clean them up, so we need to follow up on that one. And I had something else but I forgot. I got wrapped up in the dogs but it will come to me next time. Charlene Catullo, Mattituck CHARLENE CATULLO: Charlene Catullo, Bailie Beach Road. I am up here today after last weeks meeting and I just want to say, the law went through in 2012, I was not pleased with it, especially the times I can walk on the beach is when the dogs are allowed, as I work. So technically, most of the majority of my free time, the dogs are allowed on the beach which in essence is my front lawn because we do own beach front property. So I have taken to the weekends recently walking the beach between the hours of 9 and 5 when the dogs are supposed to be leashed. There has not been one Sunday morning that I could walk that I have not encountered a dog off the leash. I have been told people, they are allowed on the beach, I said your dog needs to be leashed between 9 and 5 and I have had people that would argue, give an argument and I said, can you read the sign? Because the sign is at Bailie's beach, you said that that's the Mattituck Park district and I am a bit confused because there's a sign up there that says beach access, public beach access. On there I don't think is the dog thing, there's another smaller sign but if you go to the left, I am assuming that's where the Mattituck Park district is and all various laws apply, so where the dogs can roam, is that just straight ahead? Because to the right of that would be a lot of people that own beach front. I am not certain, are dogs allowed to walk there if they are below the high tide? I just find it very disappointing that this whole thing came into existence. I don't mind dogs being leashed, our next door neighbor has a dog, a very good dog. I have no problem with that. It's when you don't know what to expect when you are walking. I had a girlfriend, and before the law was passed I brought this up, that I have encountered dogs, I had dogs but her dog, I was sitting there talking to her mother and I brought this up, all of a sudden leaped at my neck. I will never feel the same way about dogs because you never know how a dog is going to react. And as my husband said, is there something magical about a time period? That we don't have to worry about dogs, so that they are allowed to be unleashed. I am not certain the thought that went into that. Dogs leashed are one thing. Certainly wouldn't have any negative opinion about a dog being on a leash on the beach. They are in their control. Dog came running up, most people say oh, he's friendly and I just say I don't really like dogs that I am not familiar with and they will take it. But I shouldn't have to do Southold Town Board Regular Meeting August 29, 2017 page 50 this. my walk on a Sunday morning should not have to be whether or not I am going to encounter a dog and how that dog is going to respond. Especially when I am doing what the law says, between 9 and 5. Not a good thing and I am here today because I wanted you to know my opinion. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILWOMAN DOHERTY: Thank you. SUPERVISOR RUSSELL: Anybody else? Robert Dunn MR. DUNN: Just one more thing because I remembered. This whole thing is about enforcement. Saw another story in yesterday's Newsday about a garbage issue. And as Ms. Catullo said, what I said last week or last meeting and I will say it again, if you give out a few tickets and maybe it means putting an officer in plain clothes, riding around in an unmarked car, to sit on the beach and catch people putting garbage in a can or running a dog and you give out 10 tickets, the problem is going to go away. COUNCILWOMAN DOHERTY: But they also have to continue to do that and be consistent with it. They can't just.... MR. DUNN: Consistent in surprising them. So it doesn't have to be every Saturday. COUNCILWOMAN DOHERTY: Yeah. MR. DUNN: It could be this Saturday, next Thursday, a month from now on a Tuesday. It doesn't matter,just that people know, I have to watch out. COUNCILWOMAN DOHERTY: But they also have to make sure when they go down there, they don't just drive around and leave and people go, oh, he didn't write tickets this time. MR. DUNN: I am telling you right now, go to Goldsmiths beach, any weekend, any weekend day not during the week, it's not so bad during the week, go there any weekend day and you will see a dog unleashed, running around in the water and you have got a floater going by. COUNCILWOMAN DOHERTY: I see it on other beaches with lifeguards. MR. DUNN: Well, I don't know why that happens. There's a lifeguard there, what's he doing? COUNCILWOMAN DOHERTY: Supposed to tell them what the law is... MR. DUNN: And if they don't listen, he can call. Okay? COUNCILWOMAN DOHERTY: But they don't. Southold Town Board Regular Meeting August 29, 2017 page 51 MR. DUNN: Then they shouldn't have a job. COUNCILWOMAN DOHERTY: I agree with you. We pay them well... MR. DUNN: End of story. COUNCILWOMAN DOHERTY: That's their job. MR. DUNN: It's what they are paid, this is your job, do it or you're fired. Now this is your job, here's your assignment for this week, Officer X, you are getting an unmarked car in civilian clothes, go write some tickets. If you can't write tickets, then we don't need your job. COUNCILWOMAN DOHERTY: I agree with you. MR. DUNN: And I mean, I am not blaming the officers, I am saying give them the time, give them whatever is required to do it. write a couple of those $1,000 tickets for garbage, write a couple of dog tickets and the problem is going to go away. It will. These people who are putting garbage in a (inaudible) because they don't want to spend $2.50 for a bag and $15.00 for a sticker. What do you think they are going to do when they have got to spend $1,000 for a ticket? They are going to stop real quick. Thank you. Supervisor Russell SUPERVISOR `RUSSELL: Would anybody 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 9:13P.M. a' Eliz h A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell