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HomeMy WebLinkAboutMDH, LLC SOUTHOLD TOWN BOARD PUBLIC HEARING February 26, 2019 4:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 6:39 PM COUNCILMAN GHOSIO: What I would like to do is open the first two hearings on this preservation, these two properties because they are adjacent and related, they just had to be submitted under separate corporation names, so I am just going to read one of the notice of public hearings for both and we will open them both up at the same time. NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 26, 2019, at 4:30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development ril4hts easement on property owned by MDH, LLC. Said property is identified as part of SCTM #1000-120.-3-2. The address is 260 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane in Mattituck,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.0± acres (subject to survey) of the 10.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $502,000.00 (five hundred two thousand dollars) for the 8.0± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the east and identified as SCTM#1000-120.-3-11.8. Development Rights Easement 410 Sound Ave LLC and MDH LLC February 26, 2019 Public Hearing page 2 The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of theTown Code, the Town Board of the Town of Southold hereby sets Tuesday, February 26, 2019, at 4:30-pin, Southold Town Hall, 53095 Main Road, Southold; New York as the time and-place for a public-hearing for the purchase of a development rights easement on property owned by 410 Sound Avenue, LLC. Said property is identified as part of SCTM #1000-120.-3-11.8. The address is 410 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning, District and is situated on the southerly side of Sound Avenue approximately 925 feet west of Aldrich Lane in Mattituck, New York. The proposed acquisition is for a development rights easement ori a part of the property consisting'of approximately 7.7f acres (subject to survey) of the 10.3± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $483,175.00 (four hundred eighty-three thousand one hundred seventy-five dollars) for the 7.7± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the west and identified as SCTM#1000-120.-3-2. The property is listed on the Town's Community Preservation Project,Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New,York, and may be examined by any interested person during business hours. I have a notarized affidavit that these hearings have been advertised on the Town Clerk's bulletin board and on the Town website. I also have a copy of the legal notice from the Suffolk Times. That's it. MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noted the public hearing involves two adjacent properties and the hearing is for the town to acquire development rights easements on each parcel for agricultural purposes, using the Community Preservation Fund. The easement acquisitions will occur simultaneously. The farms are shown on the map in front Development Rights Easement 410 Sound Ave LLC and MDH LLC February 26, 2019 Public Hearing page 3 in red. Each parcel is excluding just over two acres and preserving the rest of the farm. One of the excluded areas includes the farmstand known as Patti's Berries. The final purchase price of each easement will be based on the survey acreage and that's a purchase price from the CPF of $62,750 per buildable acre. Both of the farms are 100% prime ag soils and are, I believe, 100 % actively farmed. The existing preserved farms are labeled in white on the map, there are preserved farms adjacent to and in the vicinity of the property. The property, the western most property is on the border of Southold and Riverhead. Just within the Town of Southold, within a mile radius of the farm, there are over 300 acres of already existing preserved farms through either the town or the county's development rights programs. There's also some open space around Laurel Lake which you can't see on that map exceeding hundreds of acres. The landowners and I had talked on and off again about preserving these farms for many years and I really would like to express my thanks to the family for working with the town now to preserve their very important farmland. Preservation of this farm is supported by the Land Preservation Committee and it is recommended that the Town Board proceed with the projects as proposed. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular hearing? BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. One hundred percent actively farmed, is this the MG certified organic farm that we are discussing? MS. SPIRO: No, it is not. MR. SCHWARTZ: Oh, because apparently there is an organic farm that's either one of the subject properties or directly opposite.... MS. SPIRO: No, that's on the north side of Oregon Road. MR. SCHWARTZ: Is it right next to, really? Okay, my google made a mistake. MS. SPIRO: Yes, I believe so. MR. SCHWARTZ: The reason I asked that is actively farmed, you know, I mean farming, there's many, many ways of farming and some of them are highly respectable and admirable and others lead to dust bowl and on Long Island to Temik and contamination, pollution of our aquifers. So originally the CPF (inaudible), the Town of Southold began purchasing farmland to preserve the farmland and it was thought that we had to just grab it and then we'd figure out later what means what was said tonight for agricultural purposes. Are the specific, particular covenants and restrictions that are proposed to be included in the subject easements available on line without traveling to the Land Preservation office? MS. SPIRO: The particular easement for this is still part of the confidential review part, but you can look online at any of the past development rights that we have purchased and they are the same easement. Development Rights Easement 410 Sound Ave LLC and MDH LLC February 26, 2019 Public Hearing page 4 MR. SCHWARTZ: Well, you know, you can look at past ones and if they are the same, why not show us this one? And in addition to that, I believe there are open meeting laws that when a proposal like this is put before the Town Board that the confidentiality is no longer active and in fact, if the town is able which I believe this town is able-they do post the agenda online, there should be a way (inaudible) the relative documents right from the agenda. But it's critical issue is, what exactly, what are the agricultural purposes that we are talking about. The generality in describing, defining such purposes leads to disputes and confusion and people do things they shouldn't do just because they don't know what to do and if it was part of the particular covenants that the farm would be required to be certified organic, then I think it would be a significant bonus to the town to look into properties that not only promise to stay in farming but in farming that is not harmful to the environment. In fact, done properly, I think organic farming can be a benefit to the environment. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular public hearing? COUNCILMAN RULAND: Yes, I would just like to reiterate what Melissa said and it goes to the comments at the previous hearing. This is at the gateway to the border between the Town of Riverhead and the Town of Southold. When you transition the corridor, when you come from Riverhead, you can see how much that corridor has changed. When you come across the town line, the picture that is going to be there as far as we can plan I think is something that is beneficial to the entire town and the fact that a farmer is going to farm it I think is the most important issue. Farming today is driven by sound agricultural practices and no one is going to knowingly going to do something that's detrimental or is going to harm someone. Agriculture is in one sense very succinct and in other sense you are rolling the dice when it comes to the weather and pestilence and things that you have no control over. But when we look beneath that and say, the land is preserved, I think this is the goal and going forward I think should continue to be the goal. And when you cross the town line, especially eastbound, this is what you see first and you will continue to see that for a long time. SUPERVISOR RUSSELL: I am also going to second that and say that I think you will find that the agricultural community are excellent stewards of the land as best they can. If we get into the habit of micromanaging how they run their business, we might see the end of the PDR program and that's bad, bad precedent of policy for the town. JUSTICE EVANS: Motion to close the hearing. This hearing was closed at 6:51 PM Elizaeth A.Neville Southold Town Clerk #0002314510 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 02/21/2019 04 4A Principal Clerk Sworn to before me this day of CHRISTINA VOLMSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V06105050 Qualified in Suffolk County My Commission E%00t F§I)ruaiy 28.2020 c TYPESET: Fri Feb 15 12:24:21 EST 2019 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pur- suant to the provisions of Chapter 17(Com- munity Preservation Fund) and Chapter 70 (Agricultural Lands)of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday,February 26,2019,at 4:30 p.m., Southold Town Hall, 53095 Main Road,Southold,New York as the time and place for a public hearing for the purchase of a development rights easement on prop- erty owned by MDH,LLC.Said property is identified as part of SCTM#1000-120.-3-2. The address is 260 Sound Avenue in Mat- tituck. The property is located in the Akricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane in Mattituck,New York.The proposed acquisition is for a development rights easement on a part of the property con- sisting of approximately 8.0±acres(subject to survey)of the 10.6±acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the prop- erty owner. The easement will be acquired using Community Preservation Funds. The purchase price is$62,750(sixty-two thousand seven hundred fifty dollars) per buildable acre,estimated at$502,000.00(five hundred two thousand dollars)for the 8.0±acre ease- ment.Purchase price will be adjusted at time of closing based on final survey acreage deter- mination,plus acquisition costs.This acqui- sition is contingent upon a simultaneous clos- ing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the east and iden- tified as SCTM#1000-120.-3-118. The property is listed on the Town's Com- munity Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above men- tioned parcel of land is on file in Land Pres- ervation Department, Southold Town Hall Annex,54375 Route 25,Southold,New York, and may be examined by any interested per- son during business hours. Dated February 12,2019 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk 2314510 Southold Town Board - Letter Board Meeting of February 26, 2019 5UFF0(,F RESOLUTION 2019-211 Item# 5.40 ADOPTED DOC ID: 14953 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-211 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2019: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by MDH, LLC on the 26th day of February, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-120.-3-2. The address is 260 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane in Mattituck,New York; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.0± acres (subject to survey) of the 10.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seventy hundred fifty dollars) per buildable acre, estimated at $502,000.00 (five hundred two thousand dollars) for the 8.0± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs; and WHEREAS, this acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the east and identified as SCTM#1000-120.-3-11.8; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural and aquifer recharge area values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program Generated March 4, 2019 Page 58 Southold Town Board - Letter Board Meeting of February 26, 2019 ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by MDH, LLC, identified as part of SCTM #1000-120.-3-2. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated March 4, 2019 Page 59 44 1 FEBRUARYY21;2019 SUFFOLKTIMES.COM LEGAL NOTICE.' '.-' NOTICE OF PUBLIC HEARING NOTICE'18 HEREBY•GIVEN that pur- suant to the,provisions of Chapter-17(Cotn- munity Preservation„Fund)and Chapter 70 !(Agricultural:L'ands),of the Town Code,the Town'Board�of the Towwof Southold hereby 'sets Tdesda ii —Fe6i -j+i-26;2019,"at 4:30 p.m:;Southold-Town-Hall,-'53095`Marti Road;Southold,,NewYork-as the,time and .place for a:publie hearing for-the purchase -of a developmefirrights easeinenton prop- erty owned by MDH,-LL'C.Said property is identified as-part of SCTM#1000-120-3-2. ,The address-is 260 Sound Avenue in Mat- muck. The property ,is locatedin" the Agricultural=Conservation, (A-C); Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane iii-Mattituck,New York,The •'gropos`ed acquisition is'for a,developinent rights easement on a part of.the property con- sisting ofapproxitriatbly,8-.,O±acres(subject to survey)of the 10.6±acre.paccel, The'exact`area of the acquisition is subject /-'to a•Town-provided'survey acceptable to the Land'Preservation Coinmittee and-tb'e;prop- erty owner.`-Tfieeasement will be-acquired usingYComtnunity Preservation Funds:-The ;purcha-seprice is$62,750'(shdyAwo thousand seven hundred.,fifty'-dollars) per,buildable acre,eshmated'at$502,000.00;(fiye hundred two thousand dollars)for:the 8:0±acre ease - ment.=Purchase; ince will,be_ad usled at time 'oi closing based'on'final survey acreage deter=- �; , nun ation,-plus_acgdisition costs:This acqui{ siuon is contingent upon a simultaneous clos; ''-ink-on:Alie`�sale-.of a' dev_el'optiment`�rights `easeinant to tlie•Tow•o an'adjacentn 'farui i -parcel,sitnate"d•directly tontl`east and'iden: 'tified'as SCTM:#1000-120:3-11.8: }'t The property,9.hsted on the Towri's.Com =munity Preservation Project Pldn"a"s-p"ro"perty !that should be preserved due to its agricultural and aquifer recharge area•valdesc;. -- i FURTHER NOTICEi's'hereby given that a more'detailed description d tfiCibove,inen- ';libiied-parcel of fand'is on file in Land Pres= ervation-Department;Southold•Towrn'Hali ]Annex,54375 Route 25;Southold,New York; pnd•inay-be exainined.by any interested per= son during business hours Dated:•February12,'2019•- . BY THE-ORDE13 OF THE SOUTHOLD TOWN'BOARD I d, Elizabeth A.Neville Southold Town Clerk 2314510'� '. 2 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 15th day of February , 2019, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. MDH, LLC PH 2/26 4:30 pm t5l6da M Rudder Southold Deputy Town Clerk Sworn before me this 15th day of February , 2019. Notary Public SABRINA M BORN Notary Public,State of Newyork N0.01B®631703S.D� lk CountV �2�20 Commission Expires Rudder, Lynda From: Rudder, Lynda Sent: Friday, February 15, 2019 11:58 AM To: legals@timesreview.com Cc: Doroski, Melanie; Spiro, Melissa Subject: mdh Ilc for publication Attachments: mdh Ilc.docx Please publish in the 2/21 edition of the Suffolk Times and the town website,thank you. 4 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands)of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday, February 26,2019, at 4:30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by MDH, LLC. Said property is identified as part of SCTM#1000-120.-3-2. The address is 260 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane in Mattituck,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.0± acres (subject to survey) of the 10.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $502,000.00 (five hundred two thousand dollars) for the 8.0± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the east and identified as SCTM#1000-120.-3-11.8. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: February 12, 2019 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk PLEASE PUBLISH IN THE FEBRUARY 21,2019 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. Southold Town Board - Letter Board Meeting of February 12, 2019 vUnoy.�Osy RESOLUTION 2019-165 Item # 5.23 ADOPTED DOC ID: 14906 C P THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-165 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 12, 2019: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 26, 2019, at 4:30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinIz for the purchase of a development rilZhts easement on property owned by MDH, LLC. Said property is identified as part of SCTM #1000-120.-3-2. The address is 260 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.0± acres (subject to survey) of the 10.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $502,000.00 (five hundred two thousand dollars) for the 8.0± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the east and identified as SCTM 41000-120.-3-11.8. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk Generated February 13, 2019 Page 33 E- "r Southold Town Board - Letter Board Meeting of February 12, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated February 13, 2019 Page 34