HomeMy WebLinkAboutTB-08/14/2018 ELIZABETH A.NEVILLE �gUFFDCTown Hall, 53095 Main Road
TOWN CLERK ��e may PO Box 1179
Southold,NY 11971
REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145
MARRIAGE OFFICER y'3'O! �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 14, 2018
4:30 PM
A Regular Meeting of the Southold Town Board was held Tuesday, August 14, 2018 at the
Meeting Hall, Southold,NY.
Call to Order
4:30 PM Meeting called to order on August 14, 2018 at Meeting Hall, 53095 Route 25, Southold,
NY.
Attendee Name , Organization :i _ Title mmStatus Arrived
James Dinizio Jr 1. Town of Southold Councilman Present
William P. Ruland i Town of Southold Councilman Present
Jill Doherty _ Town of Southold Councilwoman Present
_._._..._. _._... o ._
Robert Gho_sio Town of Southold_ _ CouncilmanPresent
Louisa P_._Evans Town of Southold Justice _ Present
Scott A. Russell Town of Southold Supervisor Present
I. Reports
1. Justice Court Reports
2. Zoning Board of Appeals Monthly Report
3. Land Tracking Report
4. Planning Board Monthly Report
5. Trustees Monthly Report
6. Town Clerk Monthly Report
Page 1
Southold Town Board Regular Meeting
August 14, 2018 page 2
II. Communications
III. Public Notices
IV. Discussion
Motion To: Motion to Enter Executive
RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session
at 9:00 AM for the purpose of discussing the following matters:
Labor
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
1. EXECUTIVE SESSION -Labor-Matters Involving the Potential Employment of a
Particular Corportation
Motion To: Motion to Exit Executive
RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this
Executive Session at 9:49 AM.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
2. OPEN SESSION 9:30 AM Jeff Standish with Michael Collins
3. 9:45 AM Denis Noncarrow,Jeff Standish,Michael Collins and Jamie Richter
4. POSTPONED - 10:00 AM Jamie Richter and Michael Collins
5. Town Attorney
6. Town Attorney
Motion To: Motion to Enter Executive
RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session
at 11:05 AM for the purpose of discussing the following matters:
Labor
Southold Town Board Regular Meeting
August 14, 2018 page 3
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
7. EXECUTIVE SESSION- LABOR-Matters Involving the Employment of a Particular
Person(s)
8. LABOR-Matters Involving the Employment of a Particular Corporation
Motion To: Motion to Exit Executive
RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this
Executive Session at 12:02 PM.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Opening Comments
Supervisor Russell
SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I
would invite anybody that would like to comment on any of the agenda items to please feel free?
(No response)
V. Resolutions
2018-745
CATEGORY.• Audit
DEPARTMENT. Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
August 14, 2018.
✓Vote Record-Resolution RES-2018-745
Q Adopted
❑ Adopted as Amended E Yes/Aye No/Nay Abstain Absent
❑ Defeated James Dmizio Jr Voter Q ❑ T ❑ ❑
❑ Tabled William P Ruland Voter Q El ❑
❑ Withdrawn
❑ Supervisor's Appt Jill Doherty Voter I Q I ❑ ❑ 11ElTax Receiver's Appt Robert Ghosio SecondeT Q ❑ 1 ❑ 1 ❑
❑ Rescinded Louisa P Evans Mover Q ❑ ❑ ❑
❑ Town Clerk's Appt Scott A Russell Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt
❑ No Action
Southold Town Board Regular Meeting
August 14, 2018 page 4
❑ Lost
2018-746
CATEGORY.• Set Meeting
DEPARTMENT. Town Clerk
Next Town Board Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, August 28, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at
7:30 P. M..
✓Vote Record-Resolution RES-2018-746
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstainr Absent
I V
❑ Tabled
❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑
❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑
❑ Tax Receiver's pt Jill Doherty Voter 0 ❑ � 0 ❑
[I Rescinded Robert Ghosio Seconde 0 ❑ ❑ ( ❑
❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A Russell Voter 1 0 ❑ ❑ ❑
❑ No Action
❑ Lost
2018-747
CATEGORY.• Refund
DEPARTMENT. Town Clerk
Refund of Disposal Permit
RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the
following individual(s) in the amount of$30.00 for the purchase of resident disposal permit:
Jennifer Murray
PO Box 288
Peconic NY 11958
✓Vote Record-Resolution RES-2018-747,
0 Adopted
Yes/Aye N /N
oay Abstain Absent
❑ Adopted as Amended
❑ Defeated James Dimzio Jr Mover 0 ❑ ❑ ❑
Southold Town Board Regular Meeting
August 14, 2018 page 5
❑ Tabled William P Roland Voter ( RI I ❑ ❑ ❑
❑ Withdrawn Jill Doherty Voter D El ❑ ❑
❑ Supervisor's Appt Robert Ghosio Voter D ❑ ❑ ❑
❑ Tax Receiver's Appt Louisa P.Evans Seconde 0 ❑ 1 ❑ ❑
❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2018-748
CATEGORY.• Surplus Equipment
DEPARTMENT: Human Resource Center
Decommissioning HRC Fleet SCOFA Vehicle N-9
RESOLVED that the Town Board of the Town of Southold hereby decommissions the
following HRC fleet SCOFA vehicle:
2003 Chrysler Voyager—VIN#1 C4GJ25333B237715 Asset#2891
Be it further RESOLVED that the Town Board authorizes the vehicle be returned to the Suffolk
County Department of Public Works facility in Yaphank upon notification from Suffolk County
Office for the Aging.
.✓Vote Record-Resolution RES-2018-748
CSI Adopted
❑ Adopted as Amended
–– -- - —
❑ Defeated Yes/Aye I No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn James Dmizio Jr Voter D I ❑ - ❑ ❑
❑ Supervisor's Appt William P Ruland Secondee 21 ! ❑ ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Mover RI i ❑ ❑ ❑
❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A Russell Voter D l ❑ ❑ ( ❑
❑ No Action
❑ Lost
2018-749
CATEGORY: Grants
DEPARTMENT.• Justice Court
Southold Town Board Regular Meeting
August 14, 2018 page 6
Authorize Submission of a 2018 Justice Court Assistance Program (JCAP) Grant Application by the
Southold Town Court Director
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Justice Court
Director to submit an application to the Justice Court Assistance Program (JCAP) of the New
York State Unified Court System, requesting a grant not to exceed $30,000.00, the maximum
amount available, for the purchase of specific court related items.
✓-Vote Record-Resolution RES-2018-749
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye i No/Nay Abstain Absent
❑ Tabled — ---
❑ Withdrawn James Dmizio Jr Voter Q ( ❑ ❑ ❑
❑ Supervisor's Appt William P Ruland Mover Q ❑ ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Voter Q ; ❑ ❑ ❑
❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P Evans Seconded Q ( ❑ ❑ 1 ❑
❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
- - - - - - - -- - -- - - - - ---
2018-750
CATEGORY. Budget Modification
DEPARTMENT.• Accounting
2018 Budget Modification-Assessor's
Financial Impact:Fund budget line for summer interns
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General
Fund Whole Town budget as follows:
From:
A.1990.4.100.100 Unallocated Contingencies $11,000
Total $11,000
To:
A.1355.1.300.100 Assessor, Seasonal Regular Earnings $11,000
Total $11,000
✓Vote Record-Resolution RES-2018-750
Q Adopted
Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended
❑ Defeated James Dmizio Jr Voter Q I ❑ ❑ ❑
0 Tabled William P Ruland Voter Q 5 5 ❑
Southold Town Board Regular Meeting
August 14, 2018 page 7
❑ Withdrawn Jill Doherty Voter ❑ ❑ ❑
❑ Supervisor's Appt Robert Ghosio Mover I Rl 0--7 ❑ ❑
❑ Tax Receiver's Appt Louisa P Evans Secondee{ Q i ❑ 1 ❑ ❑
❑ Rescinded Scott A Russell Voter Rl j ❑ 1 ❑ ❑
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2018-751
CATEGORY.• Contracts,Lease &Agreements
DEPARTMENT. Town Attorney
US Army Corps of Engineers Rights of Entry
RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Scott A. Russell to execute Rights of Entry allowing the U.S. Army Corps of Engineers to enter
onto various sites that were part of the former Fort H.G. Wright at Fishers Island, in connection
with environmental recommendations, subject to the approval of the Town Attorney.
✓Vote Record-Resolution RES-2018-751
2 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn James Denizeo Jr Voter El [I [10
❑ Supervisor's Appt -William P Ruland Voter I D j ❑ I ❑ 11
❑ Tax Receiver's Appt Jill Doherty Voter D j El ❑
❑ �
El Rescinded Robert Ghosio Mover El ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P Evans —Seconded D i ❑ El
❑ Supt Hgwys Appt Scott A Russell Voter Rl j ❑ ❑ L ❑
❑ No Action
❑ Lost
2018-752
CATEGORY.• Close/Use Town Roads
DEPARTMENT. Town Clerk
Cutchogue-New Suffolk Historical Council Annual Antique Car Show
Financial Impact: Total Police Department Cost for Event =$434.08
Southold Town Board Regular Meeting
August 14, 2018 page 8
RESOLVED that the Town Board of the Town of Southold hereby Lrants permission to the
Cutchnue-New Suffolk Historical Council to hold its Annual Antique Car Show on the
Cutchogue Village Green, Cutchogue on Sunday October 7, 2018 from 9:00 AM to 4:00 PM
provided they file a Certificate of Liability Insurance naming the Town of Southold as addition
insured for two million dollars and comply with all the conditions of the Town's Policy for
Special Events on Town Properties. All fees with the exception of the clean-up deposit shall be
waived.
✓Vote Record-Resolution RES-2018-752
m Adopted
❑ Adopted as Amended
❑ Defeated yes/Aye No/Nay Abstain Absent
❑ Tabled -
❑ Withdrawn James Dmizio Jr I Mover iz 7�— ❑ ❑
❑ Supervisor's Appt William P Ruland I.Seconded 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Voter I D i ❑ ❑ ❑
❑ Rescinded Robert Ghosio Voter ❑ ❑ ` ❑ ❑
El Town Clerk's Appt
Louisa P Evans Goter ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A Russell _-_- Voter ❑ ❑ ❑
❑ No Action
❑ Lost
2018-753
CATEGORY: Budget Modification
DEPARTMENT: Highway Department
2018 Budget Modification-Highway
Financial Impact: transfer of funds
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway
Fund Part Town budget as follows:
From:
DB.5110.1.100.100 Full Time Regular Earnings $90,000.00
DB.5130.4.400.300 Equipment Rentals 3,000.00
TOTAL $93,000.00
To:
DB.5140.1.100.100 Brush/Weed Regular Earnings $90,000.00
DB.5130.4.100.550 Tires 2,236.00
DB.5110.4.100.960 Drain Pipe/Rings/Covers 11.00
DB.5140.4.100.100 Office Supplies 451.00
DB.5140.4.400.600 Office Equip Maint/Repair 302.00
TOTAL $93,000.00
Southold Town Board Regular Meeting
August 14, 2018 page 9
✓Vote Record-Resolution RES-2018-753
Q Adopted
❑ Adopted as Amended
❑ Defeated -----------------�------- --Yes/A--------•-------------
ye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn James Dinizio Jr Voter Q i ❑ 11 � ❑
El Supervisor's Appt William P Ruland Seconde Q j ❑ ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Mover I Q j 11 � ❑ � 11
11Robert Ghosio Voter Q ❑ ❑
❑ Rescinded
❑ Town Clerk's Appt Louisa P Evans Voter Q j ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2018-754
CATEGORY.- Committee Appointment
DEPARTMENT. Town Clerk
BOAR Re Appointment-Dantes
RESOLVED that the Town Board of the Town of Southold hereby re-appoints Julie Dantes to
serve as a member of the Board of Assessment Review effective October 1, 2018, term to expire
September 30, 2023.
✓Vote Record:Resolution RES-2018=754
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn James Dimzio Jr Voter Q i 11 ❑
❑ Supervisor's Appt William P Ruland Mover 1 Q i ❑ ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ( ❑ ❑
❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑
❑ Town Clerk's Appt Louisal? Evans Seconde Q ; 0 1 ❑ 1 ❑
❑ Supt Hgwys Appt Scott A Russell Voter i Q i ❑ ❑ ❑
❑ No Action
❑ Lost
2018-755
CATEGORY.• Local Law Public Hearing
DEPARTMENT.• Town Clerk
PH 91114:31 Pm- Chapter 280 LIO District
Southold Town Board Regular Meeting
August 14, 2018 page 10
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 14th day of August 2018, a Local Law entitled"A Local Law in
relation to Amendments to Chapter 280, Light Industrial Park/Planned Office Park(LIO)
District" 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
11th day of September 2018 at 4:31 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280,
Light Industrial Park/Planned Office Park(LIO) District" reads as follows:
LOCAL LAW NO. 2018
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Light
Industrial Park/Planned Office Park(LIO) District".
DE IT ENACTED by the Town Board of the Town of Southold as follows:
Article XIV. Light Industrial Park/Planned Office Park (LIO) District
§ 280-60. Front yard setbacks.
[Added 8-22-1995 by L.L.No. 18-1995]
A. Structures shall be set back at least 100 feet from the right-of-way.
B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which
case the minimum front yard setback shall be the average of the setbacks of the adjacent
parcels.
C. A project shall be divided into separate structures so that no single structure shall have more
than 60 linear feet of frontage on one street, except that this requirement shall not apply to
parcels located outside a designated hamlet locus (HALO)zone. Where buildings are
permitted to have greater than 60 linear feet of frontage on a street, the building anust
be set back MO feet (or at least 50 feet in cases where there are adjacent buildings
providing an average setback) from that street and screened with a vegetated buffer a
�fer�ta�ierr.
G.D. The setbacks of multiple structures on a parcel may vary, provided that the average
setback of the structures meets the setback required above U. —astv 715
feet ffom ,.iRht of w [Amended 5-22-2007 by L.L. No. 13-20071
Article XV. Light Industrial (LI) District
§ 280-64. Front yard setbacks.
[Added 8-22-1995 by L.L.No. 18-19951
Southold Town Board Regular Meeting
August 14, 2018 page 11
A. Structures shall be set back at least 100 feet from the right-of-way.
B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which
case the minimum front yard setback shall be the average of the setbacks of the adjacent
parcels.
C. A project shall be divided into separate structures so that no single structure shall have more
than 60 linear feet of frontage on one street, except that this requirement shall not apply to
parcels located outside a designnatcd hamlet locus (HAL®) zone, Where buildings are
permitted to have greater than 60 linear feet of frontage on a street, the building must
be set back 100 feet (or at least 50 feet in cases where there are adjacent buildings
providing an average setback) from that street and screened with a vegetated buffer.
E D. The setbacks of multiple structures on a parcel mai vary, provided that the average
setback of the structures meets the setback required above and all bu ldinRs are a"east 75
✓Vote Record-Resolution RES-2018-755
Rl 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 I fZ ❑ ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Voter R ❑ 1 0 LI
Robert Ghosio Seconded D ❑ ( ❑ 1 ❑
El Rescinded
❑ Town Clerk's Appt Louisa P Evans Mover Z ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A Russell Voter 0 0 ❑ ❑
❑ No Action
❑ Lost
2018-756
CATEGORY: Enact Local Law
DEPARTMENT. Town Clerk
ENACT Local Law- Chapter 161 Street Trees
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 3rd day of July,2018, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 161, Street Trees" and
WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard,Now
therefor be it
Southold Town Board Regular Meeting
August 14, 2018 page 12
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chanter 161, Street Trees" reads
as follows:
LOCAL LAW NO. 10 of 2018
A Local Law entitled, "A Local Law in relation to Amendments to Chanter 161, Street
Trees".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To allow for more flexibility in the authorizing of trees to be planted and to clarify the role of the
Town Engineer in the process.
II. Chapter 161 of the Code of the Town of Southold are hereby amended as follows:
§ 161-44 Street trees.
Prior to planting, the Planning Board shall be notified as to a time and place where the trees may
be inspected. Any trees that are deemed to be unacceptable, which have been planted without
proper notification, will be subject to rejection and removal. On large subdivisions with multiple
streets, serious consideration shall be given to planting more than one species of tree.
A. All trees shall be of freshly dug nursery stock and shall have grown for a period of at least
two years, under the same climatic conditions as the location of the development. They shall
be of symmetrical growth, sound, healthy, free from insect pests, disease and suitable for
street trees. The average trunk diameter at a height of four inches above the finished ground
level shall be a minimum of 2 1/2 inches to three inches, depending on good practice, with
reference to the particular species to be planted.
B. Trees shall be planted at intervals of 30 feet to 40 feet depending on the species, and the
trees shall be located five feet outside the right-of-way on private property. The street trees
shall be planted on both sides of the street and the spacing and locations of all trees shall be
approved by the Superintendent of Highways and the Planning Board. In order to provide
visibility for traffic safety, no trees shall be planted within a minimum length of 20 feet
from the ends of the right-of-way curve radius at intersections. [Amended 12-12-1995]
C. Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than
three feet. In no case shall the distance from the ball to the side of the pit be less than six
inches. All pits shall have vertical sides unless otherwise directed. The soil shall be made
loose and friable for a depth of one foot below the bottom of all pits.
D. Where, in the opinion of the Town Engineer, the subgrade material is unsuitable, the size of
Southold Town Board Regular Meeting
August 14, 2018 page 13
the pits shall be dug wider and deeper than normally required. The bottom and sides shall be
backfilled with topsoil and thoroughly worked into place.
E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75%
topsoil and 25% manure. Trees shall be handled so that the ball will not be loosened. After
the backfill has been firmed under the ball and around it in six-inch to eight-inch lifts, it
shall be thoroughly settled with water.
F. Staking of trees shall be done immediately after planting and maintained until final
acceptance. Trees shall stand plumb after staking and shall be supported by two stakes,
eight feet or more in length, driven into the ground for three feet and fastened securely with
double strand No. 12 steel wire through reinforced black rubber hose at the trees.
G. Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town
Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height
of the first branches.
H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts
painted with an approved tree paint depending on the size of the cuts. All trees shall be
sprayed with an approved antidessiccant, using a power spray to apply an adequate film
over trunks, branches and/or over the foliage when directed by the Town Engineer.
I. At the time of planting,the soil around the trees shall be thoroughly saturated with water
and as many times thereafter as seasonable conditions require during the period to final
acceptance.
J. Trees shall be planted from March 1 to May 1 and from October 15 to December 1, or at
such other times as the Town Engineer may direct.
K. Only trees contained in a list adopted by
the Town Board by resolution based upon recommendation of the Tree Committee
shall be are acceptable for planting.:
Nor-way maple 40
Aeer saeehar-um Sugar maple 40
White h 30
Green ash 49
Quer-eus borealis Red-oal40
Qe Pin oa 49
Tilia eor-data Little leaf linden 30
Silver linden 30
Southold Town Board Regular Meeting
August 14, 2018 page 14
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
✓Vote Record-Resolution RES-2018-756
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/A e No/Na Abstain Absent
�--�
❑ Tabled -
❑ Withdrawn James Dmizio Jr Voter I 0 J ❑ ❑ ❑
❑ Supervisor's Appt William P Ruland Secondee{ Rl I ❑ 1 ❑ 1 ❑
❑ Tax Receiver's Appt Jell Doherty Voter 0 1 ❑ ❑ ❑
❑ Rescinded Robert Ghosio Voter z ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P Evans Mover ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ I ❑ ❑
❑ No Action
❑ Lost
VI. Public Hearings
Motion To: Motion to recess to Public Hearing
RESOLVED that this meeting of the Southold Town Board be and hereby is declared
Recessed in order to hold a public hearing.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
PH 8/14 4:31 Pm - Chapter 161 Street Trees
COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the
Town Board of the Town of Southold, Suffolk County,New York, on the 3rd day of July, 2018,
a Local Law entitled "A Local Law in relation to Amendments to Chapter 161, Street Trees"
and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 14th day of August, 2018 at 4:31 p.m. at which time all interested
persons will be given an opportunity to be heard.
Southold Town Board Regular Meeting
August 14, 2018 page 15
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 161,
Street Trees" reads as follows:
LOCAL LAW NO. 2018
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 161, Street
Trees".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To allow for more flexibility in the authorizing of trees to be planted and to clarify the
role of the town engineer in the process.
II. Chapter 161 of the Code of the Town of Southold are hereby amended as follows:
§ 161-44 Street trees.
Prior to planting, the Planning Board shall be notified as to a time and place where the trees may
be inspected. Any trees that are deemed to be unacceptable, which have been planted without
proper notification, will be subject to rejection and removal. On large subdivisions with multiple
streets, serious consideration shall be given to planting more than one species of tree.
A. All trees shall be of freshly dug nursery stock and shall have grown for a period of at least
two years, under the same climatic conditions as the location of the development. They shall
be of symmetrical growth, sound, healthy, free from insect pests, disease and suitable for
street trees. The average trunk diameter at a height of four inches above the finished ground
level shall be a minimum of 2 1/2 inches to three inches, depending on good practice, with
reference to the particular species to be planted.
B. Trees shall be planted at intervals of 30 feet to 40 feet depending on the species, and the
trees shall be located five feet outside the right-of-way on private property. The street trees
shall be planted on both sides of the street and the spacing and locations of all trees shall be
approved by the Superintendent of Highways and the Planning Board. In order to provide
visibility for traffic safety, no trees shall be planted within a minimum length of 20 feet
from the ends of the right-of-way curve radius at intersections. [Amended 12-12-1995]
C. Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than
three feet. In no case shall the distance from the ball to the side of the pit be less than six
inches. All pits shall have vertical sides unless otherwise directed. The soil shall be made
loose and friable for a depth of one foot below the bottom of all pits.
D. Where, in the opinion of the Town Engineer, the subgrade material is unsuitable,the size of
the pits shall be dug wider and deeper than normally required. The bottom and sides shall be
backfilled with topsoil and thoroughly worked into place.
Southold Town Board Regular Meeting
August 14, 2018 page 16
E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75%
topsoil and 25% manure. Trees shall be handled so that the ball will not be loosened. After
the backfill has been firmed under the ball and around it in six-inch to eight-inch lifts, it
shall be thoroughly settled with water.
F. Staking of trees shall be done immediately after planting and maintained until final
acceptance. Trees shall stand plumb after staking and shall be supported by two stakes,
eight feet or more in length, driven into the ground for three feet and fastened securely with
double strand No. 12 steel wire through reinforced black rubber hose at the trees.
G. Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town
Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height
of the first branches.
H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts
painted with an approved tree paint depending on the size of the cuts. All trees shall be
sprayed with an approved antidessiccant, using a power spray to apply an adequate film
over trunks, branches and/or over the foliage when directed by the Town Engineer.
I. At the time of planting, the soil around the trees shall be thoroughly saturated with water
and as many times thereafter as seasonable conditions require during the period to final
acceptance.
J. Trees shall be planted from March 1 to May 1 and from October 15 to December 1, or at
such other times as the Town Engineer may direct.
K. Only the following sn varieties for street trees contained in a list adopted by the
Town Board by resolution based upon recommendation of the Tree Committee shall
be are--acceptable for planting.:
Aeer platan Norway maple 40
Aeer saeehanira40
Fraxinus White ash -3-0
Td,«,:,,o L, .,,a., 1 ,,st 310
Quereus borealis Red e 40
Quereus palustris k 40
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
Southold Town Board Regular Meeting
August 14, 2018 page 17
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
I do have a copy of the announcement that was printed in the Suffolk Times and that's it.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular
local law?
ROBERT DUNN: They are all crossed out.
COUNCILWOMAN DOHERTY: What that means, that is the current list that we have in the
code, some of them can't be planted anymore due to DEC regulations, so that list is kind of
obsolete, so instead of coming up with a new list for the code, we are crossing all of them out
and then by resolution, with help from the Tree Committee and other people in town, they will
come up with a new list. Instead of having it in the code, it's just easier.
MR. DUNN: Inaudible.
COUNCILWOMAN DOHERTY: Right. Right.
SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? (No response)
RESULT: CLOSED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Closing Comments
Supervisor Russell
SUPERVISOR RUSSELL: That concludes the business of the agenda. Would anybody like to
address the Town Board on any issue? Robert?
Robert Dunn
ROBERT DUNN: Robert Dunn, Peconic. Scott, you may recall recently emails that went
between me and the police Chief regarding garbage being placed at the beach?
SUPERVISOR RUSSELL: Yes.
MR. DUNN: Because you are working on this rental law now, there was something that didn't
come up. I know there is some mention in the rental law that they need to provide some place
for garbage and I think even in the multi-use buildings they have to have sanitation service but
the problem around a lot of the cans is short-term rental people and weekenders, one solution for
the short-term rental people that you might consider adding is that if you have a short-term rental
Southold Town Board Regular Meeting
August 14, 2018 page 18
less than a period you decide, the owner is responsible for seeing that his tenant get a pass for the
dump and yellow bags. Inaudible. Don't forget, these are people that put their garbage out twice
a week, they turn their water on, they flush their toilets and they don't think about it. Where it's
like it's different out here. So to first tell them that you are responsible for your trash and that
it's a $1,000 fine, if you (inaudible) that I saw last Sunday, I said to her, you know you can be
fined for that. She said I didn't know that. Read the sign, it was right there. So these people
don't know. If the onus was on the rentor to inform their tenants and provide them a sticker, let
them buy a, maybe they can even buy multiple day passes so that people would not only know
but have the way to take care of it.
SUPERVISOR RUSSELL: Thank you.
MR. DUNN: It's just a thought. And then also, give out a couple of those $1,000 fines so they
stop.
SUPERVISOR RUSSELL: I agree 100 %, yes. And that was my, that was in the back of my
mind when I read the email of Benja's, all you need is one.
MR. DUNN: You need one and you need her to write about it.
SUPERVISOR RUSSELL: That's right.
MR. DUNN: Inaudible.
SUPERVISOR RUSSELL: I agree 100 % and that was an opportunity. A missed opportunity.
MR. DUNN: What's that?
SUPERVISOR RUSSELL: What we were emailing about.
MR. DUNK: Oh, yeah. You know, some guy that didn't know and the Chief responded as he
should (inaudible),but the second thing is, I talked to you about this a couple of times.
SUPERVISOR RUSSELL: Yes.
MR. DUNN: Inaudible. One of them is a real pest and unfortunately for him, I heard his truck
broke down so he hasn't been around for a couple of days. In talking and listening to our friend
Benja, who isn't here, I came upon this 197 for Peddlers and on, and if you go down to 197-5, it
says the sale of ice cream (inaudible), if you go down to 197-10 line e, not call attention to his
goods by blowing a horn, ringing a bell other than the house doorbell, by shouting out or by any
other loud or unusual noise. So the bells are just not allowed 100%. I find that to be a little
draconian.
SUPERVISOR RUSSELL: I do too. I actually talked to one of the two vendors that I am aware
of. I talked to them directly, personally myself and I said to them, look, the couple of seconds
Southold Town Board Regular Meeting
August 14, 2018 page 19
when you get there because that's what they do to make sure people know you are there but this
rampant unending....
MR. DUNN: If you are talking about the Softee guys, they are pretty good.
SUPERVISOR RUSSELL: Yes. He is very good.
MR. DUNN: But not all of them.
SUPERVISOR RUSSELL: I am aware of one more, I don't eat ice cream, so I know of the two.
The other one I have not been able to find yet. But I will talk to them directly when I can.
MR. DUNN: Okay. I mean, so what I am saying (inaudible)
SUPERVISOR RUSSELL: That's right.
MR. DUNN: But I do agree, I see no reason (inaudible) let people know they are here and then
turn it off. Okay. Thank you.
SUPERVISOR RUSSELL: Sure. Pete?
Peter Harris
PETER HARRIS: Good afternoon, everyone. Got a couple of issues I need to bring up. One,
the first issue, the parking situation on Main Street in Greenport starting at the intersection of
Wilmarth Avenue going north, people are parking vehicles right up to the intersection and my
mom lives on Wilmarth and I am there every day checking on my mom but the fact that when I
come down Wilmarth to Main Street, I can't see. I can't see to the north because there are so
many vehicles that are parked there to be worked on by the garage. I am not looking to stop the
gentleman from making a living but there's cars, trucks, vans, mini-busses and I don't know how
many close calls I have had going to pull out and there's a small car that I didn't see coming. it's
just totally ridiculous that they are parking right up to very end of the sidewalk and I am here to
request a 50 foot buffer at that corner, going back, to make that a no parking area so that people
like myself, that are trying to pull out, we can see because it is just totally ridiculous. We had,
back when I was in office, I came before the Board about making no parking on Champlin
because they were parking on both sides of the road and a big truck trying to make the swing
onto Champlin couldn't. Well, we compromised, we made no parking on the south side but they
still park there at times, breaking the law but for the most part it works.
COUNCILWOMAN DOHERTY: Pete, let me just clarify, you are talking you want no parking
on Wilmarth or Main Street.
MR. HARRIS: On Main Street.
COUNCILWOMAN DOHERTY: Okay, so that's the state highway.
MR. HARRIS: Well, no. That's the town. It's the town.
Southold Town Board Regular Meeting
August 14, 2018 page 20
COUNCILWOMAN DOHERTY: It's town?
MR. HARRIS: That area is town owned.
COUNCILWOMAN DOHERTY: Okay, I thought it was still state, that far...
MR. HARRIS: So you are not having to ask permission from the state because it is, you have to
go quite a ways down yet before you get back to that state/county/town issue.
COUNCILWOMAN DOHERTY: Okay.
MR. HARRIS: Like I said, also across the street in between the two aprons going into the mini-
mart itself, there's enough room for two cars. Trying to pull out and trying to see, it's bad. It's
bad there and again, I am not trying to put the gas station out of business, mini-mart or the repair,
just have a little courtesy and be able to make it for someone that is just trying to get out of the
street to get home. Okay. Second issue, I watched with great interest this past week of the Town
Board meeting on Fishers Island and how the town is going to do a $600,000 capital bond
sidewalk project on Fishers Island. Having been superintendent, I know what the situation on
Fishers Island is, sidewalks play a big role on Fishers Island. However, sidewalks in the main
part of the town play a big role, especially in the area in Greenport north of where the Village of
Greenport ends. The sidewalks are in atrocious condition. I am 65 years old and those
sidewalks were all there before I was born and as we know, sidewalks are no different than a
road, after a period of time they deteriorate. I have got all kinds of people in my neighborhood
that walk, they walk on the road because they can't walk on the sidewalk because they are in
such terrible condition. And I have to laugh, about 2 '/z weeks ago, the highway department sent
a crew with a concrete planer to do two joints in front of a vacant lot on my street. And I got
other places where the concrete is this high, pushed up. And we are doing two joints in front of a
vacant lot. I am not blaming the crew, they are only doing what they were told to do but the
bottom line is, it's, I will give you a list of the names of the street Main Street, Knapp Place,
Champlin Place, Sterling Place, Bailey Avenue, Washington Avenue, Atlantic Avenue, take any
one and go down and you will find, some streets are not as quite as bad as others but on every
one of those streets there's deficiencies that all you have got to do is have a couple of persons
fall and go to court and this town loses, for what you have got to pay out in damages, you could
have fixed a lot of sidewalks. Now, the fact of, I don't know if there's any money in sidewalk
restoration in the budget of the current superintendent but somebody needs to get down there. on
part of Main Street, the sidewalks were pitched up this much, like that, well, they just came and
took the sidewalks out and put some hot mix in its place. That's not the answer, that's not the
answer. I mean, we pay taxes, we have sidewalks and all's we want is the sidewalks to be the
way they should be. And quite honestly, I would have no problem going door to door getting
signatures to verify what I am here talking about because it's a shame. It's a damn shame, the
condition of these sidewalks and that people have to walk in the road because I stopped some
people, ladies from the hospital, I have got a question for you,just talking out of the top of my
hat, I said, how come you are walking in the road? Would you walk on those sidewalks? I said,
fair answer, fair answer. I know what you are saying. So again, I am kind of want to put you
Southold Town Board Regular Meeting
August 14, 2018 page 21
people on notice that there are other areas in this town that have severe deficiencies and the area
north of the Village of Greenport and Greenport is one of them. And the last question I have to
ask is, the Highway Department office, are we back up to full staff in that office?
SUPERVISOR RUSSELL: In terms of management and support staff?
MR. HARRIS: Yes.
SUPERVISOR RUSSELL: No.
MR. HARRIS: I find it hard to believe how an office can operate without having the amount of
staff that normally does its job. And I don't know, I have no idea why, what the reason is but to
me, I don't know of any other department in this town and you take somebody out and for an
extended period of time when that person had a very viable inter-working duties to do. so, I am
just, you answer my question no, I am not going to ask any.farther. Thank you.
SUPERVISOR RUSSELL: Thank you, Pete. Who else would like to address the Town Board?
Hugh?
Hugh Switzer
HUGH SWITZER: Hugh Switzer, Peconic. Scott, I guess I will start off with a question. Has
the town sent a letter to the Army Corps of Engineers requesting their study at Goldsmiths Inlet?
SUPERVISOR RUSSELL: Yes. Yes.
MR. SWITZER: And when did that go out?
SUPERVISOR RUSSELL: Last week. I would have to talk to Lauren but I think she did it
Thursday or Friday.
MR. SWITZER: Excellent. So, could we get a copy of that?
SUPERVISOR RUSSELL: Yes.
MR. SWITZER: Thank you. I was going to speak to how bad things are at the inlet, I think I
will just for a minute because I am not sure we have done,a good job of communicating to you
all how bad things really are. When we speak of Goldsmiths Inlet, the part that most you know I
think, is when you go down to the end of Mill Lane and you stop at the parking lot and you look
at the jetty and you look at all that sand that has filled in at the entrance to the channel, that, the
jetty and that sand, the cause of all the problems is the jetty and all that sand is an example of
what is happening, the jetty trapping all that sand and then pushing it down through the channel
into the pond. The net effect of that is what I really would like to communicate to you. things
are just getting worse and worse and worse. The back half of the pond, the south part is now
basically a swamp. I mean, it smells, there is no dissolved oxygen. So about half of the inlet
now is a swamp. Starting out at the sound, almost the whole channel is blocked, there's a little
Southold Town Board Regular Meeting
August 14, 2018 page 22
bit of a flow, tidal flow instead of being three or four feet is now around one foot, normally. And
the sand just keeps getting pushed in, trapped and pushed in. So moving on this Army Corps of
Engineers project is extremely important, on the assumption they do have the expertise and we
all think they do to come in and actually, finally getting the right kind of expertise coming in and
looking at it and recommending solutions. So I guess the point that I would make know is, we,
the community will do anything that we can to support that effort and we also offer to do
anything we can with you all so that you understand better the issues. It is very instructive to
walk down the channel, where it used to be four, five, six feet deep, now you are on a sandbar
except for the little bit of water that is going down one side. I can walk across the inlet, where it
used to be 15 feet deep, I can walk right across and I would not walk in the southern part because
it is so swampy. So thank you for, Scott, you recommended to Congressman Zeldin to bring in
the Army Corps two years ago. It took him two years ago to get to the point, Bill, you and Jim
were at the meeting here on June 28th when they came in and said we are finally ready to do it, so
it is encouraging and we thank you all very much for supporting getting them going. Thank you.
SUPERVISOR RUSSELL: Hugh, I will just go over a couple of things I raised with them in
terms of they asked for a brief scope of the problems and part of the request was to look at the
inlet for navigability or lack thereof, in other words, if they are going to identify solutions,
navigability of the inlet not just the interface, the inlet itself but also the accumulating sand in the
pond and I mention that look, there's circumstances where there's zero to one foot of depth if
that. look at that, look at the environmental consequences of no flow, not adequate flow. Also
look at, ask them to look at the erosion component, whether that the profile to the east can be
restored or protected or both. Obviously all of that brings the jetty back into the discussion.
MR. SWITZER: Yep. It's the cause of the problems.
SUPERVISOR RUSSELL: One thing I would say is I would like to see Suffolk County get
more onboard since they have such a vested interest, what with them owning that property. I
don't know if they sent the letter, the request was made on behalf of the town so we did it but I
also would like to see the county take a similar measure in terms of if not for any other reason
than a statement of endorsement and support. So we are working on that.
MR. SWITZER: In all my conversations with Al...
SUPERVISOR RUSSELL: He is very good.
MR. SWITZER: He is very supportive. He says he is ready to do it, he was ready to write the
letter when you recommended that until he found out the Corps wouldn't take a letter from the
county. So he is supporting..
SUPERVISOR RUSSELL: Yes, he is supportive. I would like to see him rally the troops at the
county level, DPW and others.
MR. SWITZER: I see. Beyond his office in the county.
Southold Town Board Regular Meeting
August 14, 2018 page 23
SUPERVISOR RUSSELL: Yes.
MR. SWITZER: Well, public works says,they spent $200,000 on that dredging in the channel
that lasted a few months.
SUPERVISOR RUSSELL: Right. And by the way, the dredging is their fiscal responsibility, we
took it over years ago because like most things, we make bad deals, including taking that jetty
but it's not like they don't have a role in this, they have substantial real estate holdings right to
the east.
MR. SWITZER: Absolutely.
SUPERVISOR RUSSELL: But no, (inaudible)
MR. SWITZER: Yes, most of the erosion to the east is on their property.
SUPERVISOR RUSSELL: Yes, it is their property. Their property in the not too distant future
is going to become part of the pond if they don't do something to protect it.
MR. SWITZER: Well, thank you.
SUPERVISOR RUSSELL: Thank you.
George Aldcroft
GEORGE ALDCROFT: George Aldcroft, Peconic. Inaudible. I apologize, I only made four so
you are going to have to share (inaubible). What I have been primarily concerned about for years
in there is the quality of the water and the changes and when that one lady mentioned at the one
meeting at the American Legion hall that we don't have any reasons for what we are doing, I
can't believe she said that, we are all in disagreement. I don't believe we are in disagreement
about the inlet, we have been disagreeing sometimes about the jetty part but there are no
disagreements about that inlet. The inlet (inaudible) is amazing. What I have been trying to do
and I did give that flash drive to the Board here with 100 pictures that I went around and took
about how much (inaudible) were still left in that inlet (inaudible) cleaning on the 29th out, I
don't know if we can get it all out or part of it out and part of it gets to be is how do you get into
some of these spots to get to it. But did that USB drive get copies made? Did Krupski get a
copy, did a copy also go to the Army Corps of Engineers, it was supposed to go there and I don't
know if people on the board, okay, people that have not had a chance to get around that inlet
have had a chance to see that USB drive. I took 100 pictures for that reason to show just how
much you can't see from the road unless you go around on the inlet or walk into people's yards
or take a look all the way around it. So I am hoping that those pictures got out and people have
been able to see,them because again, the Army Corps of Engineers wants some information ori
why we are concerned about this. now what I am also giving you, okay, is United States
Environmental Protection Agency, this is from the waterbody quantity assessment report for
Goldsmiths inlet and I will kind of give a fast summary and explain a couple of things. In 2002,
you know you can look at it later, the overall status of the water inlet was impaired and basically
Southold Town Board Regular Meeting
August 14, 2018 page 24
was degenerated use for shell fishing for aquatic life harvesting. In 2004, basically stayed the
same. 2006 still impaired, however, they now added fish, shellfish and wildlife protection and
propagation impaired. 2008, 2010 the same. 2012, same as 2010 however, they did have a
couple of notes which I didn't see before they never had them, primary contact for recreation and
secondary contact was good however, 2014, now everything is impaired. The aquatic life is
impaired, fish consumption life harvesting is impaired, public bathing is impaired, recreation is
impaired and shellfish fishing and water supply of aquatic. Now, when you read what does
impaired mean according to the environment, it's (inaudible) cannot support one or more of the
designated uses. And when you look at the final two sheets, if you look all the way to the back,
and I gave you copies each one so you didn't think I was just putting numbers together for the
heck of it, the last two sheets when you look at the last one, you will see a red line that,goes
completely around the inlet and also to the west of the inlet across the .you know, Goldsmiths
inlet car park and farther beyond. Now, the tide as we know sometimes goes from east to west
but there's also littoral tide but it is showing that part of that could also be affected or impaired.
So I am trying to give you them or reasons we need to fight for this particular area even if you
want to protect your park. That this is something that we have got to take care of and it's gotten
so bad that I don't even know what it would be like if we had not through the years taken over
100 tons of stuff out of that inlet. We are doing this because we believe in the inlet, I hope you
believe in that particular space and we believe in the environment and you know, we have to
fight for this or nothing will get done or that will end up being a swamp and maybe won't even
have a park there anymore. I don't know what will happen. But I hope you care as much as
some of us do, that we are willing to do whatever we can to try to save this as an environmental
thing. That's all I want if for. So that we can get back the fish, the birds, everything we had
back then becomes a beautiful sight for us to have. Because that's what we believe in nature
here. Thank you.
SUPERVISOR RUSSELL: Thank you.
BiII Higgins
BILL HIGGINS: Good afternoon, Bill Higgins, Peconic. I have a question concerning
Goldsmiths Inlet. A year or two ago,the town put up a sign no swimming, okay. A lot of people
think that was a CYA sign. You know what CYA is, right? Okay, now was that CYA because
the town is concerned there's no lifeguards there and swimmers may be in danger or was that put
there because those waters are polluted and the town is concerned about having people swim in
polluted waters?
SUPERVISOR RUSSELL: First the town would not get involved in the issue of whether or not
the waterbody is impaired, that would be a function of Suffolk County Department of Health.
They have given us no indication that it is impaired for swimming. That's something you can
address with them but we certainly haven't been notified that it's not suitable for swimming. We
wouldn't be presumptuous enough to say you can't swim there, it's just not our charge. We just
don't have the expertise, the knowledge or the authority. With regard to issues of liability, I will
dish that over to my Town Attorney. Ultimately it's not a designated swimming beach and we
have to publicly make it clear to people that they are not allowed to swim here. We don't have
the lifeguards, we just can't provide for your safety there.
Southold Town Board Regular Meeting
August 14, 2018 page 25
MR. HIGGINS: Okay. Thank you.
COUNCILMAN DINIZIO: Scott, I think that was the result of an audit by our insurance
company.
Supervisor Russell
SUPERVISOR RUSSELL: That's exactly right. that's why, the insurance, we have a risk
management company who went out and did an audit of all of the sites and give us a series of
recommendations on what they want to see in terms of maximizing both public and employees
safety and that was high on the list of recommendations.
MR. ALDCROFT: Can I ask a question, the 2014 report says that public bathing, recreation etc.
is impaired and I (inaudible)
SUPERVISOR RUSSELL: That would be the Suffolk County Department of Health.
MR. ALDCROFT: Inaudible.
SUPERVISOR RUSSELL: That's the Suffolk County Department of Health.
MR. ALDCROFT: Inaudible.
SUPERVISOR RUSSELL: They have their own testing protocols.
MR. ALDCROFT: Inaudible.
SUPERVISOR RUSSELL: I just want to quickly address the speaker at the Southold VOICE
meeting, I have to be candid, to an extent I agree with her in trying to identify answers is, part of
the problem, part of the issue is identifying the questions to begin with. And there's a lot of
different competing interests there, some are complimentary, some might not be. The idea is to
have the Army Corps consider everything globally and try to see if there are solutions that can
address all of, you know, some people care, they are fueled by environmental issues, some by
navigability, some by erosion. The idea of the Army Corps is to come up with something
comprehensive enough to apply options to address all of them, rather than to just pick one over
the other two or three.
MR. ALDCROFT: Inaudible.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board?
COUNCILMAN RULAND: I would like to comment to that, for those of you that have been
involved with the Congressman himself or one of his aides, I find it encouraging that we have his
support and the support of his staff moving forward. Rome wasn't built in a day and this project
has been talked about for a long time but we do have the ability to move it forward and prior we
Southold Town Board Regular Meeting
August 14, 2018 page 26
did not have the ability to move it forward, so I think as it moves, to you gentlemen, yes we are
going to need your support and the support of that community to help in the push, because it
would take some concerned people, to George's comments, people who really care to make it
happen and I think we all would agree that the health of that eco-system is what is the primary
concern. And with the health of that eco-system comes a whole lot of benefits but if we truly
believe the eco-system is what needs to be restored to thrive and once something is thriving, a lot
of it is taken care of by itself as long as the environmental conditions are favorable and don't
change to unfavorable. That's all I have to say about that. to the gentleman's comments about
beaches, the Department of Health services is very stringent about what a bathing beach is and if
you designate it a bathing beach you have committed the town to a list of things that you will
provide that when we look at the number of bathing beaches that we have and the number of
people that we need to support the bathing beaches and that decision and the encouragement
from the insurance carrier to say no, it's not a bathing beach. that puts us where we are today. a
lot of people, myself included, would like to have something maybe more but when you look at
it globally, you can't, I can't imperil the rest of the people of the Town of Southold to a liability
that we could avoid. That's all I have to say.
MR. ALDCROFT: Inaudible comments.
COUNCILMAN RULAND: One of the things I think we would all agree with is that when the
target is moving, there is never enough information because you need more. Because the target
moved from here to there, what caused it, what do we do about it, all the what if's that need to be
asked as it goes forward, it's kind of like well, we'll just make a decision and that's good
enough. Well I am not sure that that's the case because whether it's science or common sense
that information and people who assimilate the information and distribute it in a form that's
understandable to the average person, extremely important. In my humble opinion.
MR. ALDCROFT: Inaudible.
SUPERVISOR RUSSELL: If you have anything you want to get in the mail make sure they get.
But like I said, Albert has been very supportive. We have been in regular communication trying
to figure out a plan of action that would be more of an inter-agency.
MR. ALDCROFT: Inaudible.
COUNCILMAN RULAND: And we appreciate your efforts because without them, we wouldn't
be where we are today.
MR. ALDCROFT: Inaudible.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? (No
response)
Southold Town Board Regular Meeting
August 14, 2018 page 27
Motion To: Adjourn Town Board Meeting
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned
at 5:14 P.M.
Lynda M Rudder
Southold Deputy Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Jill Doherty, Councilwoman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell