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TB-03/12/2019
ELIZABETH A.NEVILLE osuxFo�� Town Hall,53095 Main Road TOWN CLERK ��o` cGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�1p1 �ao� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING March 12, 2019 7:00 PM A Regular Meeting of the Southold Town Board was held Tuesday, March 12, 2019 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on March 12, 2019 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Town Clerk Monthly Report 2. Zoning Board of Appeals Monthly Report 3. Justice Court Monthly Reports 4. Solid Waste Management Reports Attendee Name ' Organization Title Status Arrived James Dinizio Jr Town of Southold 1 Councilman Present William P. Ruland Town of Southold_ Councilman ; Present Jill Doherty Town of Southold Councilwoman ;_Present_ Robert Ghosio v Town of Southold _ ; Councilman Present ` Louisa P. Evans Town of Southold Justice Remote Scott A. Russell Town„of Southold ; Supervisor Present Elizabeth A. Neville Town of Southold : Town Clerk ' Present _._ .. _ _ ._._..._.._ _... ._,.__ . William M Duffy Town of Southold Town Attorney ; Present Southold Town Board Regular Meeting March 12, 2019 page 2 II. Public Notices III. Communications IV. Discussion 1. 9:15 AM Kristie Hansen-Hightower 2. 9:30 AM Jamie Richter 3. 9:00 AM John Sepenoski 4. Transfer of Sanitary Flow Within Receiving Zones 5. Expanded Uses in Commercial Zones - Review of Bulk Schedule Requirements 6. Recreational Overlay District 7. NYS Senate Request for Support of Letter Opposing MTA Commuter Rail Fare Increases Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:58 AM for the purpose of discussing the following matters: Labor-Matters Involving the Employment of a Particular Person(s) 11:15 Chief Martin Flatley 11:30 Kristie Hansen-Hightower, Accounting Department 11:45 Vincent Orlando, Highway Department Litigation-Elite Towers v. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 8. EXECUTIVE SESSION Labor-Matters Involving the Employment of a Particular Person(s) 9. EXECUTIVE SESSION Litigation Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:09 PM. Southold Town Board Regular Meeting March 12, 2019 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 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 1:09 PM until the Regular 7:OOPM 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 PledlZe to the Flalz 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:OOPM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Scott A. Russell SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Supervisor Russell Special Presentation Police Promotions Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would everybody please rise for the Pledge. Okay, before we get to the business of the regular agenda, we are going to jump right to a few resolutions, this is one of the times that we have the honor and the privilege of taking an act that we are about to take. Chief Flatley, I am going to give you the floor now. Chief of Police Martin Flatley CHIEF MARTIN FLATLEY: Thank you. So what we usually do a traditional pinning of our new guys for our promotions and we would like to go through all three of them but before we do any pinning, I would like to take a minute and recognize Supervisor Russell and all the members of the Town Board for their continued support of our department and also their commitment to our staffing levels because without the proper staffing levels, we can't serve the residents of the Town of Southold. So I thank you very much for that. Let's start with the highest rank. Sergeant Perkins promoted to the rank of Lieutenant. Sergeant Perkins is a 29 1/2 year veteran of our department and a sergeant for over 18 years, so well deserving, Richie. Betsy, can I ask Southold Town Board Regular Meeting March 12, 2019 page 4 you to come up? Thank you. Next up, Officer Witzke. Officer Witzke is a 10 1/2 year veteran of our department and Steven Witzke is being promoted to sergeant. I would ask his wife, Chrissy to please come forward. Officer John Helf, Junior is being promoted to sergeant. John is also a 10 1/2 year veteran of the department. I would ask his wife Nicky if she would pin this on, please. Congratulations. Thank you very much. Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Congratulations. Would anybody like to comment on any of the agenda items? (No response) V. Resolutions 2019-217 CATEGORY: Audit DEPARTMENT Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves'the audit dated March 12, 2019. ✓Vote Record-Resolution RES-2019-217 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ TabledJames Der ❑ Withdrawn m�z�o Jr '"TO ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ El 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 2019-218 CATEGORY:• Set Meeting DEPARTMENT.- Town Clerk Next Town Board Meeting Southold Town Board Regular Meeting March 12, 2019 page 5 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 26, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 PM. ✓Vote Record-Resolution RES-2019-218 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter l ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-219 CATEGORY. Employment-Town DE'PARTIViENT: Accounting Appoint John Relf, Jr. to Police Sergeant RESOLVED that the Town Board of the Town of Southold hereby appoints John Helf,Jr. to the position of Police Sergeant for the Police Department, effective March 14, 2019, at an annual base salary of$143,718.00. ✓Vote Record-Resolution RES-2019-219 Q Adopted ❑ Adopted as Amended ❑ Defeated -" Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter z ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-220 Southold Town Board Regular Meeting March 12, 2019 page 6 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Steven Witzke to Police Sergeant RESOLVED that the Town Board of the Town of Southold hereby appoints Steven Witzke to the position of Police Sergeant for the Police Department, effective March 14, 2019, at an annual base salary of$143,718.00. ✓Vote Record-Resolution RES-2019-220 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent - ❑ Withdrawn James Dinizio Jr Voter Rl 1 ❑ ❑ ❑ ❑ 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 Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-221 CATEGORY.• Employment-Town DEPARTMENT. Accounting Appoint Richard Perkins to Lieutenant RESOLVED that the Town Board of the Town of Southold hereby appoints Richard Perkins to the position of Lieutenant for the Police Department, effective March 14, 2019 at an annual base salary of$161,592.00. ✓Vote Record-Resolution RES-2019-221 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 Seconder 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 March 12, 2019 page 7 2019-222 CATEGORY: Employment-Town DEPARTMENT: Accounting Acknowledges the Intent to Retire-Howard W. Sawicki RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Howard W. Sawicki from the position of Lieutenant for the Police Department, effective April 1, 2019. ✓Vote Record-Resolution RES-2019-222 © Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain TAbsent ❑ Tabled _ _ _ ___ _ _ ❑ Withdrawn James Dmizio Jr Mover p ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-223 Tabled 2/12/2019 7:00 PM, 2/26/2019 4:30 PM CATEGORY: Enact Local Law DEPARTMENT.• Town Clerk Enact LL- Change of Zone Reeve &Sons Inc WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2018, a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-140-01-6, from B (General Business) &R-40 to LB (Limited Business) & R-40"; and WHEREAS, on January 30, 2019,pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 12, 2019, 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; and Southold Town Board Regular Meeting March 12, 2019 page 8 WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40 and be it further"which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM#1000-140-01-6, from B (General Business) &R-40 to LB (Limited Business) & R-40. Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM#1000-140- 01-6, from B (General Business) & R-40 to LB (Limited Business) &R-40. The property is located at 1605 Wickham Avenue, Mattituck,New York. Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2019-223 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Voter Rl ❑ ❑ ❑ 0 Tabled William P Ruland Seconder El ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 121 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter El ❑ ❑ ❑ 0 Rescinded Scott A Russell Voter 0 0 0 0 Southold Town Board Regular Meeting March 12, 2019 page 9 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Next:3/26/19 4:30 PM 2019-224 Tabled 2/26/2019 4:30 PM CATEGORY.• Enact Local Law DEPARTMERTT.• Town Attorney Enact LL- Change of Zone FI UtilityCompany WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2018, a Local Law entitled"A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential)to HD (Hamlet Density); and WHEREAS, on February 15.2018,pursuant to §280-29(C),the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 26, 2019,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; and WHEREAS, at the public hearing there was testimony from the public regarding the need for housing for full time residents of Fishers Island, and WHEREAS,there was also testimony from members of the public concerned that if the application for the change of zone was approved that without certain conditions placed on the change of zone, there was a potential for dwelling units could be as short term housing for visitors to Fishers Island, and WHEREAS, the applicant's representative stated that the applicant intended to use any dwelling units built on the subject property as housing for full-time year-round residents of Fishers Island and that the applicant was willing to place covenants and restrictions on the property limiting the use of the subject premises to full-time year round residents of Fishers Island, and WHEREAS,the Town Board of the Town of Southold hereby finds that based on the goals of the Town, and the consideration of the recommendations of the Town Planning Board, and the public comments taken at the public hearing that approval of the change.of zone should be subject to the filing of covenants and restrictions limiting the use of the subject property to Southold Town Board Regular Meeting March 12, 2019 page 10 housing for full-time year round residents of Fishers Island, and WHEREAS,the public hearing is officially closed; now,therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review'and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED,that the Town Board of the Town of Southold, subject to the applicant filing covenant and restrictions approved by the Town Attorney limiting the use of the subject property to housing for full-time year round residents of Fishers Island, hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density)"which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM#1000-6-6-20.8, from R-80 (Residential)to HD (Hamlet Density). Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public'comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM 1000-6-6- 20.8, from R-80 (Residential)to HD (Hamlet Density).. The property is located at Crescent Avenue, Fishers Island,New York. Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2019-224 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ El Tabled William P Roland Mover D ❑ ❑ ❑ Southold Town Board Regular Meeting March 12, 2019 page 11 ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Next:3/26/19 4:30 PM 2019-225 Tabled 2/26/2019 4:30 PM } CATEGORY: Budget Modification DEPARTMENT. Accounting 2019 Budget Modification-Pt Highway Financial Impact:for purchase of sander RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part Town budget as follows: From: DB.5142.2.400.200 Snow Equipment $6,000.00 Total $6,000.00 To: DB.5130.2.300.200 Heavy Duty Vehicles $6,000.00 Total $6,000.00 ✓Vote Record-Resolution RES-2019-225 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio it Voter D ❑ Withdrawn ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting March 12, 2019 page 12 2019-226 Tabled 2/26/2019 4:30 PM CATEGORY.• Equipment DEPARTMENT: Highway Department Purchase of Sander Resolved that the Town board of the Town of Southold hereby approves the purchase of one (1) used Street Salt/Sanders for use at the Town Highway Department. This to be a legal charge to the 2019 budget line. DB.5130.2.300.200 (heavy duty vehicles). from Pase Motors, Inc. in the amount of-$6,000.00, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2019-226 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizto Jr Voter Q ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ 11 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover CSI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-227 CATEGORY.• Audit DEPARTMENT. Accounting Accept the Audit Prepared by Albrecht, Viggiano, Zureck and Co., CPAs for the Southold Town Justice Court for the Year Ending December 31, 2017 RESOLVED that the Town Board of the Town of Southold accepts the audit prepared by Albrecht, Viggiano, Zureck and Co., CPAs for the Southold Town Justice Court for the year ending December 31, 2017 and as required by the New York State Office of Court Administration. ✓Vote Record-Resolution RES-2019-227 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dimzio Jr Mover El ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 2 ❑ ❑ ❑ 0 Withdrawn Robert Ghosio Voter 2 ❑, 0 ❑ Southold Town Board Regular Meeting March 12, 2019 page 13 ❑ Supervisor's Appt Louisa P Evans Voter EI ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-228 CATF,GORY.• Budget Modification DEPARTATENT.• Accounting 2018 Budget Modification- Trustees Financial Impact: Transfer funds for bird monitoring RESOLVED that the Town Board of the Town of Southold hereby amends the 2018 General Fund Whole Town Budtet as follows: From A.8090.2.200.400 Trustees, Pump Out Boat Equipment $2,160 Total $2,160 To: A.8090.4.500.300 Trustees, Consultants $2,160 Total $2,160 ✓Vote Record-Resolution RES-2019-228 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 21 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 23 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting March 12, 2019 page 14 2019-229 CATEGORY.• Attend Seminar DEPARTMENT. Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bay Constable Kristopher Dimon to attend a seminar on NASBLA Boating Accident Investigation Training in Verona,New York from April 8-12, 2019. All related expenses to be a legal charge to the 2019 budget line A.3130.4.600.200 ✓Vote Record-Resolution RES-2019-229 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled1, ❑ 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 2019-230 CATEGORY. Refund DEPARTMENT. Town Clerk Refund Resident Parking Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$10.00 to the following for the purchase of a duplicate resident parking permit online: Michael Friedberg 295 Shore Lane, Peconic NY 11958 ✓Vote Record-Resolution RES-2019-230 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmtzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ ReScmded Scott A.Russell Voter 0 ❑ ❑ ❑ E Town Clerk's Appt Supt Hgwys Appt Southold Town Board Regular Meeting March 12, 2019 page 15 ❑ No Action ❑ Lost 2019-231 CATEGORY. Ratify Fishers Island Reso. DEPARTMENT. Fishers Island Ferry District, FIFD 3/12/19 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated March 12, 2019, as follows: FIFD resolution# Regarding 2019-030 2018 Budget Mod 2019-031 2019 Budget Mod 2019-034 Legal - Passenger Ferry 2019-035 2019 -2024 ACIP 2019-036 Legal -Airport ✓Vote Record-Resolution RES-2019-231 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ___ ❑ Withdrawn James Dmizio Jr Voter Ed ❑ El ❑ ❑ Supervisor's Appt William P Ruland Voter lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter z ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 121 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-232 C4TEGORY• Employment-Town DEPART.VE-NT: Accounting Amends Resolution Number 2019-176 RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2019-176 Southold Town Board Regular Meeting March 12, 2019 page 16 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Michael Chih from the position of Part Time Code Enforcement Officer for the Town Attorney's Office effective February 11, 2019. ✓Vote Record-Resolution RES-2019-232 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 El ❑ ❑ Rescinded Robert Gltosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-233 CATE,GOR Y.• Special Events DEPARTMENT.• Town Attorney Special Events Permit Peconic Land Trust RESOLVED that the Town Board of the Town of Southold hereby grants permission to Peconic Land Trust to hold a Special Event at the Agricultural Center at Charnews Farm- 3005 Youngs Avenue Southold,New York as applied for in Application 2019-4 for one (1) event: Peconinic 2019 from 12:00 PM to 4:00 PM on June 1, 2019 provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-233 D Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled _ ❑ Withdrawn James Dimzio 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 Southold Town Board Regular Meeting March 12, 2019 page 17 2019-234 CATEGORY. Audit DEPART12E11'T.• Land Preservation Engage George Rehn CPA for 2018 CPFAudit WHEREAS on January 16, 2018, the Town Board of the Town of Southold accepted the bid of George R. Rehn, Certified Public Accountant, East Setauket,New York, for the preparation of an annual audit of the Community Preservation Funds for the year 2017 with an option for renewal under the same terms and conditions for two additional one-year periods in the amount of$4,000 for the year 2018 and for$4,000 for the year 2019, and WHEREAS both parties have agreed to renew the engagement for the 2018 CPF Audit in accordance with the bid proposal, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an engagement letter with George R. Rehn, Certified Public Accountant, regarding the preparation of an annual audit of the Peconic Bay Community Preservation Fund for the year ended December 31,2018 in an amount not to exceed $4,000, all in accordance with the bid proposal and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-234 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 Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-235 C,4TEGORY.• Contracts, Lease&Agreements DEPARTMENT Accounting Engage Albrecht, Viggiano, Zureck-2018 Justice Court Audit Southold Town Board Regular Meeting March 12, 2019 page 18 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an engagement letter with Albrecht,Viggiano, Zureck and Company, P.C. in connection with the Justice Court audit for the year ended December 31, 2018, at a fee not to exceed $7,500, that said fee shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting budget (A.1320.4.500.300), and that said engagement letter is subject to review and approval by the Town Attorney. ✓Vote Record-Resolution RES-2019-235 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - -- ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-236 CATEGORY. Property Usage DEPARTMENT. Recreation Southold High School Use of Cochran Park Baloeld RESOLVED that the Town Board of the Town of Southold hereby 14rants permission to Southold High School to use the large ballfield at Cochran Park for high school baseball from March 29,2019 through May 17, 2019 and additional dates thereafter as coordinated with the Recreation Department and Public Works. Fields will be reserved from 3:00 - 6:00 p.m. Monday through Friday. Applicant has filed with the Town Clerk a Certificate of Insurance naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2019-236 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Voter 0 El ❑ ❑ Tax Receiver's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting March 12, 2019 page 19 ❑ Lost 2019-237 CATEGORY. Budget Modification DEPARTUENT: Accounting 2019 Budget Modification- Capital(Town Hall) Financial Impact:Establish budget for HVAC and basement projects WHEREAS the Town Board of the Town of Southold authorized bond issuances for improvements to the Town Hall HVC system and basement, 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 Proiects and amends the Capital Budget as follows: Capital Project Name: Town Hall HVAC System Financing Method: Serial Bonds Capital Budget: Revenues: H.5710.36 Serial Bonds, Town Hall HVAC $250,000 Total $250,000 Appropriations: H.1620.2.500.625 Town Hall HVAC System $250,000 Total $250,000 Capital Project Name: Town Hall Basement Renovation Financing Method: Serial Bonds Capital Budget: Revenues: H.5710.37 Serial Bonds, Town Hall Basement $250,000 Total $250,000 Appropriations: Southold Town Board Regular Meeting March 12, 2019 page 20 H.1620.2.50,0.675 Town Hall Basement $250,000 Total $250,000 ✓Vote Record-Resolution RES-2019-237 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 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 2019-238 CATEGORY: Property Usage DEPAREVI'ENT.• Recreation Use of Tennis Courts by Southold School RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use the 3 tennis courts at Tasker park for junior/senior high practice beginning March 12,2019 and ending on April 30, 2019. Courts will be reserved from 3:00 - 6:00 p.m. and the dates will be coordinated with the Southold Town Recreation Department. The applicant has filed with the Town Clerk's Office a Certificate of Insurance naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2019-238 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ - ❑ Withdrawn James Duuzio Jr Voter 0 El ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 i ❑ '❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting March 12, 2019 page 21 2019-239 CATEGORY. Field Use-Town DEPARTMENT.- Recreation 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 April 10, 2019 - June 19, 2019 from 5:30 p.m.- 7:00 p.m. Applicant has filed with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2019-239 21 Adopted ❑ Adopted as Amended ❑ Defeated --- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 10 i ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter IZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-240 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2018 Budget Modification -Highway Financial Impact: 2018 Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: From: DB.5130.4.100.500 Parts & Supplies 3,400.00 DB.5130.4.400.650 Maintenance &Repairs 503.00 TOTAL $3,903.00 To: DB.5110.4.100.200 Fuel/Lubricants 3,407.00 DB.5140.4.400.150 Rubbish disposal 401.00 DB.5140.4.600.700 Licenses 95.00 Southold Town Board Regular Meeting March 12, 2019 page 22 TOTAL $3,903.00 ✓Vote Record-Resolution RES-2019-240 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El 11 ❑ 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 2019-241 CATEGORY. Advertise DEPARTMENT. Assessors Request to Advertise for Student Intern RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Student Intern for the Southold Town Assessors Office. ✓Vote Record-Resolution RES-2019-241 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 .till 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 2019-242 CATEGORY. Contracts, Lease &Agreements DEPARTMENT: Town Attorney Southold Town Board Regular Meeting March 12, 2019 page 23 HVAC Project Change Order#1 RESOLVED that the Town Board of the Town of Southold hereby approves Change Order 41 to the Town of Southold Town Hall HVAC Project Contract with SMCG HVAC Services, Inc. in the net amount of$12,275.00, pursuant to their Proposed Change Order dated March 11, 2019, subject to the approval of the Town Engineer and Town Attorney. ✓Vote Record-Resolution RES-2019-242 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Mover 0 El ❑ ❑ 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 2019-243 CATEGORYEmployment-Town DEPARTMENT. Accounting Authorizes PT Food Svc Colleen Cummings to Work FT WHEREAS full-time employee 4 3329 in the Town's Programs for the Aging has taken ill and is expected to be out of work for approximately 4 weeks and WHEREAS the Town Board has determined that the Town's Programs for the Aging requires full-time coverage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Food Service Worker Colleen Cumminl4s to work full-time to cover this absence starting on March 13, 2019; rate of pay at Ms. Cummings existing rate of$15.92 per hour. ✓Vote Record-Resolution RES-2019-243 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Jill Doherty Mover 0 ❑ E] ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting March 12, 2019 page 24 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-244 CATEGORY: Attend Seminar DEPARTMENT: Accounting Training-Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower to participate in GFOA webinars for government finance training on March 20, 2019, July 17, 2019, August 29, 2019 and November 21, 2019. Expenses for registration to be a legal charge to the 2019 budget (meetings and seminars). ✓Vote Record-Resolution RES-2019-244 121 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter CSI ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-245 CATEGORY.• Attend Seminar DEPARTYIENT: Solid Waste Management District Recycling Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend a free seminar on "The Changing Paradigm of Recycling" on Long Island at SUNY Stony Brook, on March 21, 2019. ✓Vote Record-Resolution RES-2019-245 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dm¢io Jr Voter D ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 2 ❑ 0 ❑ Southold Town Board Regular Meeting March 12, 2019 page 25 ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover 0 ❑ ❑ Ij ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-246 CATEGORY. Contracts,Lease &Agreements DEPARTMENT• Town Attorney Agreement with Suffolk County Board of Elections RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Suffolk County Board of Elections in connection with leasing Southold Town Recreation Center on Primary and General Election days for 2019 and 2020, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-246 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ 0 ❑ 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 Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-247 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Town Attorney Buffer in a Bag Program Southold Town Board Regular Meeting March 12, 2019 page 26 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an application to the NYS DEC 2019 "Buffer in a Bag" program, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-247 Q Adopted ❑ Adopted as Amended ❑ Defeated - - Yes/Aye No/Nay Abstain Absent ❑ Tabled _.. El Withdrawn lames Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ El Rescinded Robert Ghosio Voter Q 11 El ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-248 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Letter to MTA in Opposition of Commuter Rail Fare Increases RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign a letter from the Suffolk County Association of Town Supervisors to the MTA in opposition to the Commuter Rail Fare Increases. ✓Vote Record-Resolution RES-2019-248 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled � ..,_.. ., _, , ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter' Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-249 Southold Town Board Regular Meeting March 12,.2019 page 27 CATEGORY. Local Law Public Hearing DEPARTMENT. Town Attorney PH 419 7:01 Pin Chapter 280 Recreational Floating Zone District WHEREAS,there has been presented to the Town-Board of the Town of Southold, Suffolk County,New York, on the 12th day of March, 2019, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, in connection with a Recreational Floating Zone 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 91h day of April,2019 at 7:01 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, in connection to Recreational Floating Zone"reads asTollows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, in connection to Recreational Floating Zone". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold recognizes the need for increased health and wellness opportunities within the Town of Southold. The Town Board of the Town of Southold finds that,it is necessary to create a Recreational Floating Zone District to develop active recreation opportunities through major recreational facilities in commercial and residential areas located near existing public recreational complexes or facilities and other locations the Town Board deems appropriate. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4Definitions ARCADE, AMUSEMENT An fly which provides amusement, enjoyment, or,entertainment through electronic machines (e.g., pinball, video games) and which may be operated upon the insertion of a coin or .token excluding_machines used for gambling. COMMUNITY CENTER A building to be used as a place of meeting, recreation, or social activity and not operated for r>1 °f t• _ HEALTH CLUB A facility where members or nonmembers use equipment or space for the purpose of physical Southold Town Board Regular Meeting March 12, 2019 page 28 exercise, conduct of sports, exercise, leisure time activities or other customary and usual recreational activities. GAMBLING A commercial facility where patrons wager money on the outcome of a game including but not limited to a card game or a slot machine. OUTDOOR PAVILLION A building adjacent to an outdoor recreational facility used for changing clothes and often selling food and beverages. OUTDOOR RECREATIONAL FACILITIES Recreational uses characterized by outdoor activities including but not limited to stables and riding academies, regulation golf courses and golf-related activities field sports tennis and racquet sport clubs platform sports baseball batting and pitching cages and swimming pool facilities. It shall not include such activities asag mblin racing jai alai and amusements park RECREATION FACILITY, MAJOR An indoor and or outdoor privately run business which may involve large playing fields courts arenas, stadia or halls designed to accommodate sports and recreational activities sports educational facilities and athletic competitions including but not limited to cheerleading indoor/outdoor facilities, skating rinks, swimming pools basketball baseball batting and pitching cages tennis handball pickle ball and squash facilities billiard parlors bowling alleys health spas and clubs, arcades, gymnasiums, community centers and uses normally accessory and incidental to commercial recreation, such as locker rooms. A membership fee may or may not be charged to patrons. SNACK BAR A small area located within a principal building where quick-serve and pre-prepared foods and beverages are sold over a counter. Article XXXIV Recreational Floating Zone District (RFZ) §280- 197 Purpose. To provide additional wellness,and health opportunities within the Town boundaries; the Town Board of the Town of Southold finds that it is necessary to create a Recreational Floating Zone District to develop active recreation opportunities through major recreational facilities in commercial and residential areas located near existing public recreational complexes or facilities that are accessible from arterial roadways. X280-198 Applicability. Recreational Floating Zone Districts shall be established by the Town Board on parcels of land that have been identified as being appropriate for the location of Major Recreation Facility. Locations to be considered for the RFZ district may include locations adjacent or reasonably near to an existing public recreational complexes or facilities; and other locations where there has Southold Town Board Regular Meeting March 12, 2019 page 29 been shown a demonstrable need for recreation facilities. &280-199 Eligibility The Recreational Floating Zone District (RFZ) zoning is hereby established as a floating zone with potential applicability to any property which meets the following eligibility requirements: A. The parcel is a minimum of 3 acres or-120,000 square feet; §280-200 Boundaries. The boundaries of each RFZ District shall be fixed by amendment to the official Town Zoning Map as authorized by the Town Board, wherever this district is applied. A metes and bounds description of each such district shall be kept on file in the Office of the Town Clerk 4280-201 Application procedure. A. A property owner may apply to the Town Board for a change of zone to the RFZ zoning district by submitting the following to the Town Board: (1) Five (5) copies of a complete Change of Zone Application; (2) A brief analysis in written form explaining the proposed development concept The written analysis shall address how the proposal benefits the Town of Southold and how the development will impact the surrounding neighborhood; (3) Five (5) copies of a conceptual site plan of the proposed development showing_ compliance with all lot size lot coverage and set back requirements; all proposed buildings and uses on the site; the proposed location and design of parking lots screening, landscaping, open spaces and recreation areas proposed architectural features of all buildings, and; such other information as the Town Board may determine to be reasonably related to the health safety and general welfare of the community; (4) An Environment Assessment Form with completed Part I and; (5) The fee as required by section 280-158 of the Town Code. B. Upon receipt of a completed application the Town Board shall review the application at a work session and make a preliminary determination as to whether the Board is interested in considering rezoningoparcel to the RFZ district. (1) Referral to Planning Board and Parks and Recreation Committee Upon a determination by the Town Board that it is interested in considering an application for rezoning to RFZ district, the Town Clerk shall refer the application to the Planning Board and Parks and Recreation committee for comment. a. The Parks and Recreation Committee shall provide written to comment to the Town Board within 30 days from receipt of the application. b. The Planning Board within 60 days of receipt of the application shall report its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever first occurs. Review period may be extended by mutual consent of the Planning Board and the qplip •cant. (2) Planning Board report. The Planning Board in its report to the Town Board may Southold Town Board Regular Meeting March 12, 2019 page 30 recommend: approval of the application: approval with modifications, or; disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparingits'ts report and recommendations, the Planning Board shall give consideration to: the Town Comprehensive Plan; the existing and permitted land uses in the area; the location of buildings on the site; traffic circulation and pedestrian infrastructure, both on and off the site; the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service the proposed development, and; other factors as may be related to the purposes of this article. C. Town Board public hearing. Within 45 days from the date of the Town Board's receipt of the Planning Board's report or the expiration of the Planning Board review period, whichever first occurs,the Town Board shall hold a public hearing on the matter of levying a RFZ on property described-in the application. Such hearing shall be held upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning Code. D. Town Board action. (1) Within 45•days after the date of the close of the public hearing, the Town Board shall act to either; approve, approve with modifications, or disapprove the application. A copy of the determination shall be filed in the Town Clerk's office. The Town Clerk shall forward the determination to the applicant, the Planning Board, and the Parks and Recreation Committee. If such determination approves the establishment of a new RFZ, the Town Clerk shall cause the Official Zoning Map to be amended accordingly. (2) Revocation; extension. a. The Town Board may, on notice to the applicant, and for good cause shown, revoke the establishment of an RFZ if after 18 months from approval work on .the site has not commenced or the same is,not being prosecuted to conclusion with reasonable diligence. b. The Town Board, upon request of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend the above timeep riod. c. In the event of the revocation of approval as herein provided,the RFZ shall be deemed revoked, and the zoning classification of the subject property shall revert to the zoning classification that existed on the property immediately prior to the establishment of the RFZ thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. E. Notwithstanding the foregoing, the Town Board, in addition to considering applications, may, on its own motion rezone property to a RFZ District. 280-202 Permitted Uses. No building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. The following are permitted uses are subject to site plan approval by the Southold Town Board Regular Meeting March 12, 2019 page 31 Planning Board: (1) Major Recreational Facility B. Accessory uses, limited to the following uses and restrictions set forth herein: (1) Snack Bar. (2) Outdoor Pavilion, provided that no one pavilion shall be more than 500 square feet and the total lot coverage of pavilion on any one lot shall not exceed 1500 square feet.. (3) Child care for patrons of the facility. (4) Any uses and or structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which it is located. 280-203 Dimensional and Parking Requirements No building or premises shall be used and no building or part thereof shall be erected or altered in the RFZ district unless the same conforms to the following: A. Minimum Lot Size. The minimum lot size shall be 120,000 square feet. B. Maximum Lot Coverage. (1) The total lot coverage for structures shall be not exceed 20 percent of the parcel area. (2)•The total lot coverage for outdoor recreational facilities shall not exceed to 50 percent of the parcel area (3) Notwithstanding the foregoing, the combined, total lot coverage for both structures and outdoor recreational facilities shall not exceed 50 _percent of the parcel area C. Minimum Yard Setbacks (1) A principle Structure shall maintain the following setbacks: a. Front Yard 100 feet b. Rear Yard 50 feet c. Side yard 50 feet d. To residentially zoned property 100 feet (2) Outdoor Recreation Facilities and outdoor pavilions shall maintain the following setbacks: a. Front Yard 50 feet b. Rear Yard 50 feet c. Side yard 50 feet d. To residentially zoned property 100 feet (3) Parking and loading areas shall maintain the following setbacks: a. Public and private right of ways 50 feet b. Any property boundary 50 feet 280-204 Parking Requirements A. The minimum parking requirements for a principle structure shall be one (1) parking space per three hundred (300) square feet of gross floor area of the principal structure Parking requirements for outdoor recreational facilities and accessory structures and uses shall be determined by the Town Board during its review of the change of zone application based on consideration of the proposed use site design and other criteria the Town Board deems relevant. Southold Town Board Regular Meeting March 12, 2019 page 32 B. Overflow, permeable, parkin area(s) shall be requiredeg nerally at a rate of 50 percent of the total number of parking spaces to accommodate for periods of high use and team sporting events. The total number of parking spaces required shall depend on the proposed use(s) and site design and will be determined by the Town Board during review of the change of zone petition. C. Use of public right of ways for member, patron or spectator parking is prohibited. D. Parking shall be located in the rear of the Principal building where practicable. 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-2019-249 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ 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 2019-250 CATEGORY Y. Advertise DEPARTMENT: Police Dept Police Department-Advertise for TCO's RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two (2)weeks for Traffic Control Officers for the 2019 summer season at the hourly wage of$17.47 per hour ✓Vote Record-Resolution RES-2019-250 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0, ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 0 ❑ ❑ Southold Town Board Regular Meeting March 12, 2019 page 33 ❑ Withdrawn Robert Ghosio Seconder z ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Mover lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-251 CATEGORY.- Landfill Misc. DEPARTMENT. Solid Waste Management District Woodchip Mulch Pricing RESOLVED that the Town Board of the Town of Southold hereby reduces the price by volume for screened and double-ground woodchip mulch sold by the Cutchogue Compost Facility from $9/cubic yard to $5/cubic yard for a period of 30 days beginning March 13, 2019 through April 11, 2019. ✓Vote Record-Resolution RES-2019-251 R1 Adopted ❑ Adopted as Amended ❑ Defeated - - ❑ Tabled Yes/Aye No/Nay Abstain Absent 11 Withdrawn James D1mZ10 Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public HearinLs -None Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda. I would invite anyone that would like to comment on any issue to please feel free? Robert? Southold Town Board Regular Meeting March 12, 2019 page 34 Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. Over the past week (inaudible) I know the dredge window is closed but you can get emergency (inaudible). It's going to close again,just the way that things are running this year, with the lack of(inaudible) things come along from the west, they kind of elongate that spit, as the spit gets elongated, pushing it to the top of the beach therefore when the'tide recedes and before it comes fully back in, you don't get any flushing. So what I suggest you might consider, if it gets to a point or I know Jamie and Michael (inaudible) SUPERVISOR RUSSELL: Yes, we would be able to get permits for that on an emergency basis. MR. DUNN: I know you would. SUPERVISOR RUSSELL: But we would be able to talk to them. With regard to the funding, that's not an issue, it's between $6,000 and $8,000. MR. DUNN:. I think it'was getting a little more expensive than that but I am just saying, it doesn't need much (inaudible) and if it's done at the right time, when you are getting the top of the tide cycle, when the tides are the highest, when you get that (inaudible) it will clear itself, if you give it a little (inaudible). As a matter of fact, this week when you have got that email (inaudible), and what happens is that rain finds its way into the pond and the weight of it will just push an opening which is what it did for maybe two or three days. I don't think you need to do anything major just to,keep it surviving and it will correct itself. SUPERVISOR RUSSELL: I will talk to Mike and Jamie. Who else would like to address the Town Board? Benja Schwartz;Cutchogue BENJA SCHWARTZ: Benja Schwartz, Cutchogue.' Good evening. How are you doing tonight? When was the agenda for this meeting finalized? TOWN ATTORNEY DUFFY: 4:00. MR. SCHWARTZ: 4:00. And when was the decision made to adjourn the Reeve change of zone request? SUPERVISOR RUSSELL: That would have been probably shortly before that. MR. SCHWARTZ: At this morning's meeting? That was quite ,a bit before that, hours before that. SUPERVISOR RUSSELL: Seems like the meeting went on all day. MR. SCHWARTZ: Why not take it off the agenda, rather than leaving it on the agenda and people rush to get here? Southold.Town Board Regular Meeting March 12, 2019 page 35 SUPERVISOR RUSSELL: It's still a pending application which is why it's reappearing on the agenda. MR. SCHWARTZ: Was any reason given at the work session as to why it's being, why it was, as we say,tabled? COUNCILWOMAN DOHERTY: We are still discussing it. SUPERVISOR RUSSELL: I am going to invoke attorney-client privilege. MR. SCHWARTZ: Attorney-client privilege on this? SUPERVISOR RUSSELL: On the discussion that was at, I believe that would put us in legal jeopardy and I would defer to Bill on that. TOWN ATTORNEY DUFFY: I had a certain conversation with the applicant's attorney and the applicants attorney and I spoke about the application and I then advised the Town Board in confidence (inaudible). MR. SCHWARTZ: Okay, it was done on advice of....how about the other change of zone, the Briar Patch on Fishers Island? SUPERVISOR RUSSELL: That was tabled, we had actually, when we closed the hearing we held it open for written comment. We had a request from the Fishers Island Community Board who were having a community meeting with the Fishers Island Utility Corporation to learn more about it, to understand more about it, they asked us to table and we agreed. MR. SCHWARTZ: Well, maybe next time you can take it off the agenda not waste everybody's.... SUPERVISOR RUSSELL: Again, that's still a pending application. COUNCILWOMAN DOHERTY: It stays on the agenda until we are through. And it will be on for next time... MR. SCHWARTZ: But if it had been tabled for months rather than two weeks-then it wouldn't have.... SUPERVISOR RUSSELL: Please understand, we just got a request from Fishers Island Community board just a few days ago and they were asking us to table any action until they had that meeting with the Community Board you understand the unique circumstances of Fishers Island. MR. SCHWARTZ: I love Fishers Island. I would like to live there if I had enough money. Southold Town Board Regular Meeting March 12, 2019 page 36 SUPERVISOR RUSSELL: You can stay with Louisa. MR. SCHWARTZ: That would be a pleasure. But seriously, you are contemplating changing the zoning that will affect the future of Southold Town for our lifetimes and beyond. In the future, maybe you will consider if you table things, to table them with enough of a time frame that you won't have to,continue to table and table and table. SUPERVISOR RUSSELL: Point well taken. MR. SCHWARTZ: One other question. When we were here a few weeks ago, discussing the zoning change, I think the subject of master plans, comprehensive plans came up and as trecall councilman Ghosio attempted to correct me when I stated that the Town of Southold did not currently have a formal comprehensive plan, adopted by any Town Board at any time and that the current process, which is being called an update is really the third attempt. now, you had questioned me on that, you had challenged me on that and I said you know, let's not get into it... COUNCILMAN GHOSIO: I wouldn't call it challenged, I just recollect when I was working with John Romanelli when he was on the board, he came back one day and told me that they had passed a comprehensive plan. MR. SCHWARTZ: And are you working on one now? COUNCILMAN GHOSIO: Yes. SUPERVISOR RUSSELL: When it's complete. Just as a point of interest, I am actually going to agree with you because I think in 1989 a map, a zoning map was adopted and.people were intent on calling that the master plan, it's not, it's a zoning map. The master plan would be the narrative that. supports the zoning map, so I am going to agree with you that a formal comprehensive master plan wasn't adopted in 1989 like it should have been. MR. SCHWARTZ: You know I don't like it when you agree with me, Scott. SUPERVISOR RUSSELL: Well now is the time for you to take the opposite opinion. MR. SCHWARTZ: The draft of the current master plan which is currently in draft stage, is awaiting a comprehensive SEQRA review before any of it becomes effective. Includes the proposed introductory, introduction which is also called the introduction demographics chapter for the Southold Town comprehensive plan update, in the initial section it states 'neither of the two previous comprehensive plans were formally adopted by the Town Board' so, New York State town law authorizes you to enact zoning but only if the purpose and view is that the regulations, the zoning and other, other land use regulations are made in accordance with the comprehensive plan. So how can it be that we have zoning but we don't have a comprehensive plan? This is a question which, my favorite subject in law school but it's also a question which you should all be thinking about and understand if you are currently working on a comprehensive plan for the Town of Southold. So because zoning was considered to be Southold Town Board Regular Meeting March 12, 2019 page 37 important to enact and put in place before development occurred that could not be, then zoning would not mean anything. If you already had zoning, development, it would all be non- conforming so what's the point of making the plan or zoning. So the original zoning ordinances were approved based on implied comprehensive plan and if you believe in religion or the great spirit or nature, you might say that there was always a comprehensive plan. But now we are trying to impose a human comprehensive plan overlaid on that. That is the most important power that you the Town Board hold. To zone and regulate the use of land in our local town. I would ask you to take that task seriously, to consider that there have been two comprehensive plans produced by the town or for the town, as I recall the initial one involved extensive interviews with people all over town , there was a lot of input from people in the town although the town did not draft by someone from the town but those first two plans were never adopted. This third plan looks like it has a better chance of being adopted. Why? Because you are the ones that are in charge of developing the plan. You are also in charge of the decision, you have the authority to make the decision to adopt the plan. The question is, will the plan serve the town? Now, some people say that I am against development, well, I am against excessive development, development which conflicts with itself, with other developments and also which is hazardous and harmful to the nature of the land of where we are so lucky to live. I don't believe that the draft plan as it currently stands does justice to the Town of Southold, (inaudible) or the island of Fishers Island. I believe we need to do more in order to protect and preserve the town, the places that we love. You know, you have two strikes, do you really want to make a third strike down? SUPERVISOR RUSSELL: The problem is, this Board doesn't have two strikes. This Board wasn't part of the earlier decision making. The zoning map was adopted in 1989, before any of us (inaudible) so those are the strikes of the previous batter. Now we have a new batter. What we are asking is, we are stepping up to the plate, we are waiting for the pitches. If you are trying to count the strikes of previous Boards, I just don't.... MR. SCHWARTZ: Maybe the term strikes is not, but to not realize that this would be the first comprehensive plan for the town, if you are the ones that are approving it, to me that's carelessness, ignorance. SUPERVISOR RUSSELL: By adopting..... MR. SCHWARTZ: No, to be responsible for drafting and also for evaluating and deciding whether or not to adopt, adopt or defeat the plan without understanding that this would be the first effective, formal, express, explicit comprehensive plan. SUPERVISOR RUSSELL: Which is what I agree with. That there hadn't been formal plans in the past. MR. SCHWARTZ: Hasn't been one? SUPERVISOR RUSSELL: No. But yet people confuse zoning with master plan. Southold Town Board Regular Meeting March 12, 2019 page 38 MR. SCHWARTZ: There's a big difference between plans that were developed and a plan which is adopted by a Town Board but really insignificant which Town Board, the fact that you are, this is your, you are the current Town Board is very important obviously but you are also responsible for the efforts of previous Town Boards and should be considering what future Town Boards may do. I don't agree that you can just dismiss that there was their mistake and you are not going to make a mistake. SUPERVISOR RUSSELL: I am not suggesting, trust me, I make mistakes on a daily basis, I recognize that, Benja. What I am suggesting is that you said you have two strikes because you are holding us accountable for previous Boards. What we are trying to do, is we are trying to do what probably should have been done in the past. Just so you know, previous Boards have done an awful lot for this town both Republicans and Democrats. They,have all come together on preservation, they have all come together, what we are trying to do is we are trying to take that and take that to the next step by developing a blueprint, for the next ten years or so. The zoning, as you know, comes after the master plan because the master plan is the narrative that's going to support the decision making on zoning down the road because it is our obligation as we look at the zoning to make sure that it's consistent with the goals of the master plan. I know that you know this better than I do but I can tell you... MR. SCHWARTZ: Once you have a master plan, whatever rezoning because we already have zoning but whatever rezoning is done, will be judged by the courts in the context of whether or not it's in accordance with that master plan... SUPERVISOR RUSSELL: That's exactly right. MR. SCHWARTZ: But currently any rezoning that you do, any changes of zone'that you make now will be judged as to whether or not they are, whether they fit-in with the implied comprehensive plan. That implied comprehensive plan 'is comprised of all of the various planning documents that have been developed whether or not they were adopted by the Town Board but a lot of them were. There were various studies that were done but that doesn't necessarily control zoning and the initial zoning was done without the comprehensive plan, so zoning doesn't have to come first and we could continue to zone without a comprehensive plan but if we are going to have a comprehensive plan, we need to make sure that that plan is adequate and will protect us from over-development. And will allow us to develop where we need to or how we need to. COUNCILMAN RULAND: I certainly hope that when the plan is rolled out and we have the public hearings, that you and dozens of other residents of the Town of Southold come out and offer input because it's the draft, Benja, you know it's the draft. One thing that history teaches us is both good and bad, it teaches us what not to do from yesterday to today and it also teaches us things that we should follow from yesterday to today. I think that there is such an engaged public in this Town of Southold in this 21st century that there will be certainly spirited discussion about each chapter, as it should be, as it should be. I look forward to it. Southold Town Board Regular Meeting March 12, 2019 page 39 MR. SCHWARTZ: To date there has not been a lot of participation possibly because there were only a few so-called public hearings. Anyway, I would like to speak briefly on one other subject, other than comprehensive planning. SUPERVISOR RUSSELL: Just remember, you and Louisa have a ferry to catch. MR. SCHWARTZ: I'll take her on my boat. I've got a little boat. Public hearings. What are public hearings? The way that public hearings are work, have been working under this Town Board and this administration is you basically say we are going to talk about X, what do you have to say? But you don't share with the public what has already been said or make it easily accessible to the public what has already been said and what you know, what you are thinking and I know you don't want to prejudice the discussion by stating whether you might include at the end before we start but we need to have the, the need to know how the process developed and what information is in the files of the town in order to contribute anything meaningful in a so- called public hearing which is not for the public to hear, it's for the public to speak and you to hear the public. Because the public doesn't have the access to the information that you do, then they are not going to be able to contribute meaningful, intelligent... COUNCILWOMAN DOHERTY: People do have the access and we do read, Bob reads what's in the files before the public hearing. We just set a public hearing tonight and we noted in that where you can get the information. People have to come in and ask for the information and it's there and they are allowed to see the file. So I want to disagree with you on that one. MR. SCHWARTZ: Alright. SUPERVISOR RUSSELL: I would also suggest... MR. SCHWARTZ: Jill, Jill, let me just answer Jill, because she, you know, so are you suggesting that I've not done my research, that I don't attempt to do my research? But you know I have a different job, I have things to do... COUNCILWOMAN DOHERTY: I am not suggesting that... MR. SCHWARTZ: What I do is I try to find the information and I find, I am frustrated many times by confusing and odd, so I try to make it better, I try to make suggestions and sometimes those suggestions are taken up. But in the current laserfiche files of the town, on line I believe was one of my suggestions. TOWN CLERK NEVILLE: It's always been on-line, Benja. MR. SCHWARTZ: What? TOWN CLERK NEVILLE: The entire file had always been on-line. We broke it up into applications... Southold Town Board Regular Meeting March 12, 2019 page 40 MR. SCHWARTZ: No, laserfiche. Laserfiche was in the town, I had to come into Town Hall and use the computer in Town Hall until I informed this Board that there was an application that they could make that available on the internet. Do you remember that, Scott? SUPERVISOR RUSSELL: I, to be honest, I do not recall that conversation because I know Betty has been in charge of laserfiche and Betty has always taken laserfiche very seriously and that any capability that it has to serve not just town government but the public, she has maximized that opportunity. MR. SCHWARTZ: I disagree with you on that and I will leave it there. I've tried to... COUNCILMAN DINIZIO: Well, I'll try to make you feel better, Benja. There was at one time when, I recall being on the Zoning Board that I did have to go into the hallway to the computer terminal there and look at things on laserfiche, now whether or not it was because I didn't know how to find it on that particular website at the time but yes, I can agree with you that and I can recall you sitting in the hallway looking at that stuff, okay? MR. SCHWARTZ: Thank you Jim. COUNCILMAN DINIZIO: I don't know if it was a function of what Betty did or just more of a function of upgrading that software at some point in time where we can now put a button on the website and you can find it easily. MR. SCHWARTZ: What happened was I had gone on-line to look at the laserfiche company and saw that there was a module available to put it on line, so I came here and told you at a Town Board meeting, it's on the record in the minutes you can find it, it was available and the Town Clerk to her credit, took the suggestion that laserfiche be put on-line. I remember it distinctly, I remember what happened was there was a backlash because people that were building big houses didn't want people to be able to come in through the internet without even knowing who they were, take a look at the plans. Actually the system went on-line and then it was taken off-line for a few months until it was figured out how to redact and how to provide information to be available that, sorry, did you have a comment? TOWN CLERK NEVILLE: Yes, the building department information and permits, you have to file a FOIL to get it on-line, that was the decision of the Town Board. MR. SCHWARTZ: But at one point, initially... TOWN CLERK NEVILLE: Initially it was on-line but it was taken off by the Town Board decision. SUPERVISOR RUSSELL: People had expressed concerns to us, as Town Board members, people building houses that didn't think the public should have access to their interior layout, the room that was indicated as nursery on the blueprint, they didn't think the public should have Southold Town Board Regular Meeting March 12, 2019 page 41 access to it. We adopted a policy based on FOIL and Betty implemented what the Board had asked her to do. MR. SCHWARTZ: The point is, my memory is clear, and my interest and my support for Freedom of Information has always been very strong. I think I have had success in that and I think if you would try to work with me instead of always trying to attack me, tell me I am wrong, you might learn something, the Town might benefit. I believe there is somewhere in the Freedom of Information committee on open government, at least a policy if not some kind of law that says if you have the ability and you put the agenda on-line, you can put links to the documents in laserfiche so people can look at the agenda and click and see the relevant documents without having to flip through hundreds of pages of files which are not indexed and which are not even, you know, you can download those files to your computer but once they get over 300 pages, you need to do it in at least two parts, you cannot download the whole thing. And we have numerous files which are over 300 pages long. Probably to work with the system rather than conflicting with it, we should limit the size of our files to the size that can be handled or increase the size that can be downloaded. COUNCILWOMAN DOHERTY: I wanted to say that I misunderstood you, I thought you were saying that we didn't have the files available at all, but you were referring to the files were not available on-line. MR. SCHWARTZ: At one point in time. SUPERVISOR RUSSELL: I appreciate all you have done for us, Benja, but Leroy would like to speak now and I want to give him the opportunity. Leroy Heyliger, Mattituck LEROY HEYLIGER: Good evening. In regard to this other property, Harold Reeve and Sons, it says here the parcel, SCTM #1000-140-01-6, the parcel to be changed from general business to R-40 limited business and R-40, the property which is located at 1605 Wickham Avenue Mattituck. I live at 1585 Wickham Avenue, my next door neighbor is 1605, property is at Maiden Lane and Route 48. Is that correct? SUPERVISOR RUSSELL: Yes, it is. MR. HEYLIGER: Well, why do they have it down on Wickham Avenue? SUPERVISOR RUSSELL: I believe there is an access on Wickham Avenue, if I am not mistaken. MR. HEYLIGER: It's a path. It's called a path, Mattituck Creek path that goes from Wickham Avenue,through the property over to Maiden Lane. SUPERVISOR RUSSELL: I believe... Southold Town Board Regular Meeting March 12, 2019 page 42 MR. HEYLIGER: But the section to be changed, the parcel to be changed is on Maiden Lane and Route 48. SUPERVISOR RUSSELL: I don't know, all I can speak to is I know that there is a paper street that comes in off of Wickham. MR. HEYLIGER: It's not a street, right now it's called a lane on the town map, it's always been called a lane. SUPERVISOR RUSSELL: Okay. MR. HEYLIGER: That comes off of Wickham Avenue, that's called Mattituck Creek Lane. It's not a road, it's a lane and it goes through the wooded area over to Maiden Lane and the parcel they want to change, this particular parcel they want to change the (inaudible) is on the corner of Maiden Lane and Route 48. Not on Wickham Avenue. My next door neighbor, in fact, is 1605. He just bought the property. SUPERVISOR RUSSELL: Thank you for bringing that to our attention. Who else would like to address the Town Board? Gail Wickham, Esq, GAIL WICKHAM: Good evening, Gail Wickham. Regarding the last two speakers, Mr. Heyliger's comment. The parcel as described in the legal notice regards the entire parcel and there is a 50 foot strip of the parcel fronting on Wickham Avenue which is why it is labeled as such. Regarding Mr. Schwartz, I use the town website daily and I have to say that over the past quite a number of years, it has been by far the best municipal website on the east end and some of the other towns are starting to catch up but in fact, Betty and your other people have done a great job, it is very accessible. If you cannot get it on-line through the website, you can come down and anybody in this Town Hall will help you. Supervisor Russell SUPERVISOR RUSSELL: That's all Betty. It's all Betty. Who else would 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 7:53 P.M. o Elizbeth A. Neville Southold Town Clerk Southold Town Board Regular Meeting March 12, 2019 page 43 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell