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Home My WebLink AboutTB-04/09/2019 ELIZABETH A.NEVILLE �gpFFO(� Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�ipl �ao� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER south oIdtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING April 9, 2019 7:00 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 9, 2019 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on April 9, 2019 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold ; Councilman Present William P. Ruland Town of Southold Councilman Present ` Jill Dohert = Town of Southold ' Councilwoman Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk Present j William M Duffy Town of Southold Town Attorney . Present 1. Reports 1. Planning Department Monthly Report 2. Zoning Board of Appeals Monthly Report 3. Town Clerk Monthly Report 4. Justice Court Reports 5. Recreation Department Monthly Reports Southold Town Board Regular Meeting April 9, 2019 page 2 II. Public Notices III. Communications IV. Discussion 1. 9:00 Am - Craig Jobes, Environmental Analyst 2. 9:15 AM- Jim Bunchuck, Solid Waste Management Coordinator 3. 9:30 AM -Agricultural Advisory Committee Members 4. 10:00 AM - Michael Collins, Jamie Richter and Denis Noncarrow 5. Town Attorney 6. 10:15 AM -Leslie Weisman, Zoning Board of Appeals Chairperson 7. Town Attorney 8. Town Attorney Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:30 AM for the purpose of discussing the following matters: Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 11:15 AM - Melissa Spiro, Land Preservation Labor- Matters Involving the Employment of a Particular Person(s) Committee Appointments/Re-Appointments Code Enforcement 12:00 PM -Vincent Orlando, Highway Labor- Matter Involving the Employment History of a Particular Person(s) Human Resources Litigation -Notice of Claim of Blampied RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 9. EXECUTIVE SESSION - Proposed Acquisition(s), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof Southold Town Board Regular Meeting April 9, 2019 page 3 10. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(s) 11. EXECUTIVE SESSION -Labor-Matter Involving the Employment History of a Particular Person(s) 12. 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 2:02PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Would everyone please rise and join in the Pledge to the Flag? Thank you. Okay, before we get to the regular business of the agenda, we are going to have a special presentation. Before I introduce Jill Doherty who is our Tree Committee liaison and Dave Cichanowicz, the Tree Committee Chairman, I want to take a second to thank Dave for everything he has done. I think probably we take your work for granted sometimes, because you are always there. Your donations to this committee, your time, even your office space. You have done everything that this committee, every successful mission they have had, you have been integral in and I want to thank you on behalf of everybody in the community for what you do. It is quite possible we wouldn't have the committee without you. Thank you very much Dave. Special Presentation Southold Town Tree Committee Arbor Day Poster Contest Winners COUNCILWOMAN DOHERTY: With that, we'll have Dave come up and any of the Tree Committee people, if you want to come up. I echo what Scott says but we also have the rest of, the committee that puts in a lot of their time and energy and Diane, you come up too. Diane is our secretary and every good group needs a good secretary. As you know, part of what this committee does is we celebrate Arbor Day, we try to educate and we have programs in all our local schools and every year we have a poster contest. If you look around the room, you can see all the posters from all the different schools from all the hamlets we have in Southold, including Fishers Island. And we go into the classrooms and we teach them about Arbor Day and we have these trees that we give out to encourage planting, so with that I am going to turn this over to Dave to announce our contest winners and call them up. Southold Town Board Regular Meeting April 9, 2019 page 4 DAVE CICHANOWICZ: Okay, the grand prize winner, actually, we should save that for last. So we are going to go in reverse order here, we have Chloe Johnson. Which one is your poster, Chloe? COUNCILWOMAN DOHERTY: This is from the Town Board and this is from the Tree Committee. MR. CICHANOWICZ: There's $50 here. You don't have to spend it all in one place. Congratulations, you did a great job. CHLOE JOHNSON: Thank you. MR. CICHANOWICZ: Next we have Brady Woods. COUNCILWOMAN DOHERTY: This is from the Town Board. Congratulations and thank you for participating. MR. CICHANOWICZ: Brady, where are you from? You are from Southold. Which poster is yours? COUNCILWOMAN DOHERTY: That one. We also encourage them to have a saying, so we judge the contest not just on the picture but their saying that they pick. MR. CICHANOWICZ: Next we have Alisson Villacorta Mejia from New Suffolk. Then Kaitlin Sorocco from Oysterponds. COUNCILWOMAN DOHERTY: This is from the Town Board. Congratulations. MR. CICHANOWICZ: Congratulations. There is $50 for you. Now for the grand prize winner, Julia Sheldon. Not only is she the grand prize winner, the book marks that we give out has her poster on the front. Congratulations. And you, young lady, gets the $100 prize. Great job boys and girls, and we are looking forward to you helping keep Southold green. That's what we are all about. Also in her honor, she gets a tree planted at the Cutchogue East school which will be done sometime after Easter. -Thank you all. SUPERVISOR RUSSELL: At this point, I am going to invite anybody that would like to comment on any of the agenda items to please feel free? UNIDENTIFIED: I had a question about this floating zone? SUPERVISOR RUSSELL: That's the public hearing, so we will hear comment on that during the hearing. Anymore agenda items? (No response) Southold Town Board Regular Meeting April 9, 2019 page 5 Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,January 15, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter Q ❑ ❑ ❑ Q Accepted William P Ruland Voter Q ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder Q ❑ ❑ ❑ Louisa P Evans Mover Q ❑ ❑ ❑ Scott A Russell Voter Q ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, January 29, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent .lames Dmizio Jr Voter Q ❑ ❑ ❑ Q Accepted William P Ruland Voter Q ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder Q ❑ ❑ ❑ Louisa P Evans Mover Q ❑ ❑ ❑ Scott A Russell Voter Q ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,February 12, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter Q ❑ ❑ ❑ Q Accepted William P Ruland Voter Q ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder Q ❑ ❑ ❑ Louisa P Evans Mover Q ❑ O ❑ Scott A Russell Voter Q ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,February 26, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter Q ❑ ❑ ❑ Q Accepted Welham P Ruland Voter Q ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder Q ❑ ❑ ❑ Louisa P Evans Mover_ Q ❑ ❑ ❑ Scott A Russell Voter Q ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 12, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent lames Dmizio Jr Voter Q ❑ ❑ ❑ Q Accepted William P Ruland Voter Q ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder Q _❑ ❑ ❑ Louisa P Evans Mover Q ❑ ❑ ❑ Scott A Russell Voter Q 11 ❑ ❑ Southold Town Board Regular Meeting April 9, 2019 page 6 V. Resolutions 2019-303 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 9, 2019. ✓Vote Record-Resolution RES-2019-303 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ 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 Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-304 CATEGORY.• Set Meeting DEPARTMENT, Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 23, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 PM. ✓Vote Record-Resolution RES-2019-304 0 Adopted ❑ Adopted as Amended El Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 El ❑ ❑ Withdrawn William P Ruland Voter 0 ❑ El ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting April 9, 2019 page 7 ❑ Lost 2019-223 Tabled 2/1212019 7:00 PM, 2126/2019 4:30 PM, 311212019 7:00 PM, 312612019 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 18t" 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 36, 2019, pursuant to §280-29(C),the Planning Board reviewed the subject change of zone and issued a report supporting same; and i 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 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 fling with the County Clerk covenants and restrictions on the subject property approved by the Town Attorney prohibiting hotel and restaurant uses on the LB zoned property and limiting lot coverage to 15%, 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 "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. ' I Southold Town Board Regular Meeting April 9, 2019 page 8 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled _ _ ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ 0 ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty Mover 11 1-1 ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter R1 ❑ ❑ ❑ ❑ No Action ❑ Lost 1 Comment regarding resolution 223 SUPERVISOR RUSSELL: A quick comment, I know that the rezoning request of the Reeve property in Mattituck has been contentious. I think people need to understand that what the Town Board did in supporting the change of zone to limited business, it did remove uses that would be considered too intense and then defeat the whole intent of the limited business which is considered transitional from commercial to residential. Also, I think we need to understand there was something that the property could have pursued which was much more intense use along the North Road because that whole strip was zoned general business property which allows retailing and all sorts of uses that would have been far more disruptive to the community up there. Also, that back lot could have served as yet another additional building lot with a lot coverage of 8,000 square feet on one acre. What we did is we put conditions;in place that mitigate all that. We think it was the best use of the property and we also think it would have a lesser impact on,any of the surrounding residents, so I vote yes. Southold Town Board Regular Meeting April 9, 2019 page 9 2019-305 CATEGORY. Authorize to Bid DEP4RTNENT. Highway Department Road Treatment Bid 2 019-2 0 Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for various asphalt surface treatment bids including Type 6 Hot Mix Asphalt & Oil /stone for the calendar year 2019-20 ✓Vote Record-Resolution RES-2019-305 Q Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-306 CATEGORY. Budget Modification DEP.9R7VENT.• Solid Waste Management District 2019 Budget Modification-SWMD Financial Impact: To provide funds for solar powered sign rental w/recycling messaging RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.4.500.100 DEC Env. Monitor $2,400 To: SR 8160.4.400.910 Equipment Rental $2,400 ✓Vote Record-Resolution RES-2019-306 Q Adopted Yes/Aye - No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter RI ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 171 0 ❑ 0 Southold Town Board Regular Meeting April 9, 2019 page 10 ❑ Supervisor's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-307 CATEGORY. , Budget Modification DEPARTMENT.- Highway Department 2018 Budget Modification-Highway Financial Impact: Close out 2018 budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part-Town budget as follows: From: DB.5140.4.100.700 Safety Gear $431.00 To: DB.5110.4.400.600 Other Contracted Services $431.00 ✓Vote Record-Resolution RES-2019-307 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El ❑ ❑ Rescinded Robert Ghosio Mover I 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-308 CATEGORY: Attend Seminar DEPARTMENT: Assessors BOAR Training Southold Town Board Regular Meeting April 9, 2019 page 11 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following Board of Assessment Review Members: Phyllis Atkinson, Gerard Schultheis,John Betsch,Julie Dantes and Brian Andrews to attend training scheduled on May 1, 2019 to be held at the Suffolk County Office of Real Property in Riverhead. The expense for travel to be reimbursed from the Assessors 2019 budget. ✓Vote Record-Resolution RES-2019-308 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ p ❑ ❑ No Action ❑ Lost 2019-309 CATEGORY.- Special Events DEPARTMENT.• Town Clerk Tractor Ride for a Cause Financiallnzpact: Cost Analysis: $304.50 RESOLVED that the Town Board of the Town of Southold hereby grants permission to LI Antique Power Association to hold a Tractor Ride on April 28, 2019, rain date May 5, 2019 provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2019-309 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting April 9, 2019 page 12 2019-310 CATEGORY. Close/Use Town Roads DEPARTMENT. Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade Financial Impact:Police Department Cost for the Event =$155.81 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday, May 27, 2019 beginning at 7:15 AM to begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. ✓Vote Record-Resolution RES-2019-310 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled - Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 ❑ 0 ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-311 CATEGORY Y. Legal DEPARTIYIENT: Town Attorney Coyle Claim Settlement RESOLVED that the Town Board of the Town of Southold hereby authorizes a payment to Patricia Coyle and Michael Coyle, 1975 Youngs Avenue, Southold NY 11971 in the amount of Two Thousand Five Hundred Dollars and No Cents ($2,500.00), for the costs of repairs to personal property damaged from an October 27, 2018 storm. ✓Vote Record-Resolution RES-2019-311 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Ir Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ 0 Tabled Jill Doherty Voter 0 0 0 0 Southold Town Board Regular Meeting April 9, 2019 page 13 ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-312 CATEGORY. Special Events DEPARTMENT. Town Clerk Special Events Permit Old Field Vineyard 2019-14 RESOLVED that the Town Board of the Town of Southold hereby grants permission to DEKKA LLC to hold Special Event 2019-14 at Old Field Vineyard, 59600 Main Road, Southold,New York as applied for in Application OFV 1 a-c for three (3) wedding events: June 22, July 6, and August 3, 2019, from 3:00 pm to 11:59 pm, 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-2019-312 0 Adopted ❑ Adopted as Amended ❑ Defeated El Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 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 Acton ❑ Lost 2019-313 CATEGORY. Special Events DEPARTMENT. Town Clerk Special Events Permit Kontakosta Winery 2019-15 Southold Town Board Regular Meeting April 9, 2019 page 14 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kontakosta Winery to hold Special Event 2019-15 at Kontakosta Winery, 825 North Road, Greenport,New York as applied for in Application KW 1 a-b for two (2) wedding events: June 15, and August 23, 2019, from 4:00 pm to 11:30 pm, 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-2019-313 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio 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 2019-314 CATEGORY. Contracts,Lease &Agreements DEPARTMENT.• Town Attorney GEE-Downs Farm Preserve RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the Group for the East End in connection with environmental and stewardship programs at the Downs Farm Preserve and other appropriate sites or preserves for the amount of$25,000 for the term of January 1, 2019 through December 31, 2019, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-314 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter El ❑ ❑ ❑ ❑ 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 April 9, 2019 page 15 2019-315 CATEGORY. Contracts,Lease &Agreements DE'PARTAIENT. Town Attorney GEE-Beach-Dependent Species Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Extension Agreement between the Town of Southold and the Group for the East End in connection with the Beach-Dependent Species Management Program for the year 2019 in the total amount of$10,000.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-315 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ El El ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-316 CATEGORY.• Budget Modification DEPART1IENT. Police Dept 2019 Budget Modification-Police Department Financial Impact:Increase to Police OT budget for reimbursement of overtime costs incurred for movie shoot detail in Greenport RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: Increase Revenues: A.2770.10 Miscellaneous Revenue $2,695 Increase Expenditures: A.3120.1.100.200 Police, PS/Overtime Earnings $2,695 Southold Town Board Regular Meeting April 9, 2019 page 16 ✓Vote Record-Resolution RES-2019-316 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Withdrawn ❑ Tabled _ _ ___ . James Dmizio Jr Voter 0 El ❑ ❑ Supervisor's Appt William P Ruland 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 2019-317 CATEGORY.• Special Events DEPARTMENT: Town Clerk Special Events Permit Castello Di Borghese 2019-16 RESOLVED that the Town Board of the Town of Southold hereby granted permission to Castello di Borghese LLC to hold Special Event 2019-16 at Castello di Borghese Vineyard, 17150 County Route 48, Cutchogue,New York as applied for in Application CDB 1 a for one (1) wedding expo event on April 6, 2019, from 12:00 pm to 4:00 pm, 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-2019-317 0 Adopted ❑ Adopted as Amended ❑ Defeated T Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn lames Dimzio Jr Voter 0 El El El Supervisor's Appt William P Ruland Voter 0 ❑ El ❑ Tax Receiver's Appt Jill Dohertv Voter 0 El ❑ ❑ 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 2019-318 CATEGORY: Bid Acceptance Southold Town Board Regular Meeting April 9, 2019 page 17 DEPART51ENT: Solid Waste Management District Bid Acceptance- Vehicle Scale Maintenance RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Advance Scale Company, Inc. of Lindenwood,NJ to supply the town with maintenance services for the vehicle scales at the Cutchogue Transfer Station in the amount of$1,300 per year for routine maintenance, and the time and material cost rates for non-scheduled service as provided in their bid of November 20, 2018, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2019-318 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Seconder, 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-319 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Advertise for Improvement Dean Parking Lot RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for bids for the improvement to the Dean Municipal Parking Lot, 13285 Sound Avenue, Mattituck. Specifications to be provided by Town Engineer. ✓Vote Record-Resolution RES-2019-319 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .Tames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter D ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting April 9, 2019 page 18 2019-320 CATEGORY. Employment-Town ,f7EPARTMENT. Accounting Appoint Barbara Turner Senior Tax Cashier WHEREAS Suffolk County Department of Civil Service notified the Town of Southold on February 28, 2019 that the position#07-02-0020 was being reclassified to Senior Tax Cashier, be it RESOLVED that the Town Board of the Town of Southold hereby appoints Barbara Turner to the position of Senior Tax Cashier effective April 11, 2019 at a rate of$25.00 per hour. ✓Vote Record-Resolution RES-2019-320 Cl Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dimzio Jr Voter 0 ❑ El ❑ Supervisor's Appt William P Ruland Mover z ❑ ❑ ❑ ❑ Tax Receiver's Appt fill Doherty Voter 10 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-321 CATEGORY. Budget Modification DEPARTMENT: Highway Department 2019 Budget Modification -Hig&vay Financial Impact: 2019 Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part Town budget as follows: From: DB.5142.4.100.920 Road Sand $4,000.00 To: DB.5140.4.400.150 Rubbish $4,000.00 Southold Town Board Regular Meeting April 9, 2019 page 19 ✓Vote Record-Resolution RES-2019-321 Q Adopted ❑ Adopted as Amended ❑ Defeated " """"" ❑ Tabled Yes/Aye No/Nay Abstain Absent " ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-322 CATEGORY. Ratify Fishers Island Reso. DEPARTWENTr Fishers Island Ferry District FYD 4/3/19 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 April 3, 2019, as follows: FIFD resolution# Regarding 2019-041 Budget Modification 2019-043 PVA Meeting attendance 2019-044 Settlement - Edwards 2019-045 Settlement -FIC ✓Vote Record-Resolution RES-2019-322 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent _ ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ Jill Doherty Voter Q ❑ El Tax Receiver's Appt El El Robert Ghos�o Mover Q ❑ El El❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting April 9, 2019 page 20 2019-323 CATEGORY: Budget Modification DE,PARTIVEAIT. Police Dept 2019 Budget Modification-Police Department Financial Inpact:Reallocation of funds for Sgt. Hudock and Lt. Sawicki's respective retirement payouts RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole town budget as follows: From: A.1990.4.100.200 Police Retirement Reserve $307,100 Total $307,100 To: A.3120.1.100.300 Police/PS/FT Employees/Vacation Earnings $72,800 A.3120.1.100.400 Police/PS/FT Employees/Sick Earnings $234,300 Total $307,100 ✓Vote Record-Resolution RES-2019-323 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzto Jr Mover RI ❑ ❑ ❑ El Supervisor's Appt William P Ruland Seconder 0 ❑ 11 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ El 11 ❑ Rescinded Robert Ghosio Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-324 CATEGORY: Advertise DEP.ARTMEATT: Trustees Ad for Pump Out Boat Operators Southold Town Board Regular Meeting April 9, 2019 page 21 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Pump-Out Boat Operators for two consecutive weeks in the Suffolk Times for operators in Southold, under the supervision of the Board of Trustees, on a seasonal part-time basis starting May 18, 2019 through and including October 27, 2019 at a salary of$20.00 per hour. ✓Vote Record-Resolution RES-2019-324 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 21 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Cil ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-325 CATT'CORY. Employment-FIFD DE,PAR Accounting Accept Resignation of Anne Worsencroft-Serino RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 3, 2019 that accepts the resignation effective March 21, 2019 of Anne Worsencroft-Serino Full Time Freight Agent (FIFD) for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2019-325 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter ID ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Z ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting April 9, 2019 page 22 2019-326 CATEGORY. Employment-FIFD DEPARTMENT.• Accounting Increase Salary of Sarah Freeman and Jasmin McCarthy RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-048 of the Fishers Island Ferry District adopted April 3, 2019 that increases the salary of Sarah Freeman to $13.40 per hour and Jasmin McCarthy to $13.13 per hour effective January 2, 2019. ✓Vote Record-Resolution RES-2019-326 0 Adopted ❑ Adopted as Amended ❑ Defeated — ❑ Tabled - Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ El ❑ Rescinded Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-327 CATEGOR Y. Employment-FIFD DEPART/ITENT. Accounting Reinstate Evan Spohn PT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-049 of the Fishers Island Ferry District adopted April 3, 2019 that reinstates Evan Spohn as a part-time Deckhand (FIFD) with a starting wage of$12.50 effective April 10, 2019. ✓Vote Record-Resolution RES-2019-327 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled William P.Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ El Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ El ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting April 9, 2019 page 23 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-328 CATEGORY.- Employment-FIFD DEPARTMENT. Accounting Seasonal Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-050 of the Fishers Island Ferry District adopted April 3, 2019 that reads as follows: WHEREAS the Ferry District requires additional full-time Deckhands (FIFD) during the peak season between June 6, 2019 and September 15, 2019; Therefore it is RESOLVED to temporarily appoint with effect June 6, 2019 Mac Fusaro as a summer seasonal Deckhand (FIFD) at a rate of$12.50 per hour. On September 15, 2019, Mac Fusaro will terminate his summer seasonal position. ✓Vote Record-Resolution RES-2019-328 LI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Mover Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-329 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Establish Standard Workdays RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-047 of the Fisher Island Ferry District adopted April 3, 2019 that Southold Town Board Regular Meeting April 9, 2019 page 24 establishes the standard work days to be reported to the New York State and Local Employees' Retirement System for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2019-329 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-330 CATEGORY: Employment-Town DEEPARTHENT: Accounting Acknowledges the Intent to Retire William F. Salmon WHEREAS,the Town of Southold has received notification via U.S. Mail on April 4, 2019 from the NYS Retirement System concerning the retirement of William F. Salmon effective May 31, 2019 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of William F. Salmon from the position of Maintenance Mechanic III for the Hilzhway Department, effective May 31, 2019. ✓Vote Record-Resolution RES-2019-330 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 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting April 9, 2019 page 25 2019-331 CATEGORY. Property Acquisition Public Hearing DEPARTMENT.• Land Preservation PH 4/23119 4:30 Pm - Krupski Dev Rights Easemew Acgllisiti077 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, April 23, 2019, at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearin,- for the purchase of a development rights easement on property owned by Eugene P. Krupski and Maryann Krupski. Said property is identified as part of SCTM #1000-100.-2-3.2. The address is 2230 Soundview Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Soundview Avenue approximately 1400 feet easterly from the intersection of Soundview Avenue and Saltaire Way in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 47± acres (subject to survey) of the 56± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. The purchase price is $63,355.00 (sixty-three thousand three hundred fifty-five dollars) per buildable acre, estimated at $2,977,685.00 (two million nine hundred seventy-seven thousand six hundred eighty-five dollars) for the 47± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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. ✓Vote Record-Resolution RES-2019-331 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio it Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Roland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting April 9, 2019 page 26 2019-332 CATEGORY. Property Acquisition Public Hearing DEPART11ENT.• Land Preservation PH 4/23119 4:30 Pnz -King Trust-Island's End Golf Conservation Easement RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common. Said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses 3365 and 5025 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town proposes to purchase a Conservation Easement on the combined 93.14± total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 86.24± acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9± acres referenced as the Development Areas. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowners. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowners is $3,881,250 (three million eight hundred eighty-one thousand two hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. The Town's purchase offer is below the fair market value of the Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowners may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement,the Premises may be used for agricultural purposes. Southold Town Board Regular Meeting April 9, 2019 page 27 The Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2- 12 and SCTM 41000-35.-2-17.1 comprise the operating golf course known as Island's End Golf and Country Club and the owner of those adjacent parcels, Island's End Golf and Country Club, Inc., is entering into a similar Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Easement on said adjacent properties. 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. ✓Vote Record-Resolution RES-2019-332 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled El Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-333 CATEGORY. Property Acquisition Public Hearing DEPARTMENT. Land Preservation PH 4/23119 4:30 Pm -Island's End Golf-King Trust Conservation Easement RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019 at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc. Said properties are identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 with addresses 5243 and 4675 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. Southold Town Board Regular Meeting April 9, 2019 page 28 The Town proposes to purchase a Conservation Easement on the combined 32.45± total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 30.22± acres, referenced as the Protected Areas. The development rights will be retained on approximately 1.8± acres referenced as the Development Area and a 0.43±,acre area that is subject to a recorded parking area easement. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowner. The easement will be acquired using Community Preservation Funds. The purchase price accepted by the landowner is $1,293,750 (one million two hundred ninety-three thousand seven hundred fifty dollars). The Town will pay for closing costs associated with the acquisition areas. The Town's purchase offer is below the fair market value of the Easement as determined by the Town's commissioned appraisal by a qualified appraiser, and the landowner may be eligible to claim a bargain sale. The Town acknowledges that the purchase of this Easement constitutes a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its recreational, open space and agricultural values and for the protection of undeveloped beach lands and shore lines. Acquisition of the proposed easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational opportunities for the residents of the Town and others, and by prohibiting development of the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational use may become unsustainable, and subject to Town Board approval and pursuant to the terms of the easement, the Premises may be used for agricultural purposes. The Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2-1 and SCTM #1000-35.-2-11 comprise the operating golf course known as Island's End Golf and Country Club and the owners of those adjacent parcels, William King and Robert Turner, as Tenants in Common, are entering into a similar Easement with the Town concurrent with this acquisition proposal in order to preserve the existing golf course use and for the same purposes as this acquisition. This acquisition is subject to and contingent upon the Town's acquisition of the Easement on said adjacent properties. 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. ✓Vote Record-Resolution RES-2019-333 E1 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 2 ❑ ❑ ❑ ❑ Withdrawn Ml Doherty Seconder 2 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 0 0 0 Southold Town Board Regular Meeting April 9, 2019 page 29 ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comment regarding resolution 333 COUNCILMAN GHOSIO: I would just like to make one comment, I think this is really good news and I look forward to the hearing in a couple of weeks. This is a preservation project that's been worked on now for three or four years and has finally come to fruition and agreements have been made. This will be one of the largest, if not the largest, preservation projects that the town has undertaken and I think this is a really important acquisition and am really glad the town is moving forward with this. SUPERVISOR RUSSELL: Should we mention, it's actually, I know it's carved up into a couple of resolutions but essentially it protects Island's End golf course from development and it maintains a public golf course on eastern Long Island,probably the only one on the North Fork. 2019-334 CATEGORY: Budget Modification DEPARTMENT: Accounting 2019 Budget Modification-Historic Preservation Financial Impact: Transfer funds to cover additonal costs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From A.1990.4.100.100 Unallocated Contingencies $5,500 Total $5,500 To: A.7520.1.200.100 Part Time Employees, Regular Earnings $2,000 A.7520.4.400.400 Consultants 3,500 Total $5,500 ✓Vote Record-Resolution RES-2019-334 2 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder, z ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 2 0 0 ❑ Southold Town Board Regular Meeting April 9, 2019 page 30 ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-335 CATEGORY.• Employment-Town DEPARTMENT.• Accounting Appoint Joseph Bondarchuk Maintenance Mechanic IV RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Bondarchuk to the position of a Maintenance Mechanic IV for the Highway Department, effective April 11, 2019, at a rate of$34.5139 per hour. ✓Vote Record-Resolution RES-2019-335 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ 11 ❑ No Action ❑ Lost 2019-336 CATEGORY: Public Service DEPART•'1'IENT.- Town Clerk Mattituck-Laurel Historical Society 2019 Fine Arts and Crafts Fair Financial Impact:Police Department Cost• $217.04 RESOLVED the Town Board of the Town of Southold hereby grants permission to the Mattituck-Laurel Historical Society and Museums to hold its 2019 Fine Arts and Crafts Fair on their grounds at Main Road and Cardinal Drive on June 1, 2019 (rain date June 2, 2019) from Southold Town Board Regular Meeting April 9, 2019 page 31 9:00 AM to 4:00 PM. All fees for this event are waived, with the exception of the Clean-up Deposit. ✓Vote Record-Resolution RES-2019-336 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-337 CATEGORY. Employment-Town DEPARTMENT. Accounting Accepts Resignation of Colleen Cummings RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Colleen Cumminjzs from the position of Part Time Food Service Worker for the Human Resource Center effective April 2, 2019. ✓Vote Record-Resolution RES-2019-337 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dtmzio Jr Voter 0 El ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter i 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-338 CATE=GORY. Employment-Town Southold Town Board Regular Meeting April 9, 2019 page 32 DEPARTMENT. Accounting Accepts Resignation of Employee # 7047 RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Employee# 7047 effective March 26, 2019. ✓Vote Record-Resolution RES-2019-338 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmmzio Jr Mover 0 ❑ ❑ ❑ El Supervisor's Appt William P Roland Seconder 0 El El ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-339 CATEGORY. Bid Acceptance DEPARTMENT. Engineering HRC Painting and Trim Repair RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of DiMaria Painting and Carpentry Inc. in the total amount of$33,000.00 for painting the exterior and repairing the trim of the Southold Human Resources Center located on Pacific Street, Mattituck; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and DiMaria Painting and Carpentry Inc. in the total amount of$33,000.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-339 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dnuzio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ 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 April 9, 2019 page 33 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-340 CATEGORY Committee Appointment DEPARTMENT• Town Attorney Amend Resolution 2019-77 RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2019-77, adopted at the January 2, 2019 regular Town Board meeting, as follows: RESOLVED the Town Board of the Town of Southold hereby appoints Karen McLaughlin, Denis Noncarrow and Damon A. Hagan as Sexual Harassment Policy Compliance Officers for the Town of Southold. ✓Vote Record-Resolution RES-2019-340 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 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-341 CATEGORY. Attend Seminar DEPARTi11ENT. Town Attorney 2019 ZBA Training Se7ninars RESOLVED that the Town Board of the Town of Southold hereby approves the proposed 2019 Required Training Seminars for members of the Zoning Board of Appeals as set forth in the March 28, 2019 Memorandum to the Town Board from Leslie Weisman, Zoning Board of Appeals Chairperson pursuant to NY Town Law §267(7-a). Southold Town Board Regular Meeting April 9, 2019 page 34 ✓Vote Record-Resolution RES-2019-341 Q 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 CST ❑ ❑ ❑ ❑ 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 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-342 CATEGORY: Local Law Public Hearing DEPARTIVENT: Town Attorney Ph 517119 7:01 Pm-Chapter 260-Pec Bay Blvd, Mattituck WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 9' day of April, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 260,Vehicles and Traffic, in connection with Parking on Peconic Bay Boulevard in the hamlet of Mattituck" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 7th day of May, 2019 at 7:01p.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 an Amendment to Chanter 260,Vehicles and Traffic, in connection with Parking on Peconic Bay Boulevard in the hamlet of Mattituck" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Parking on Peconic Bay Boulevard in the hamlet of Mattituck" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for emergency vehicles, pedestrian and Southold Town Board Regular Meeting April 9, 2019 page 35 passenger vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicles parking and standing on a portion of Peconic Bay Boulevard in the hamlet of Mattituck. II. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: §260-8 Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Peconic Bay Boulevard South ' At Mattituck, from a point at the southwest corner of the intersection of Peconic Bay Boulevard and Bay Avenue, westerly for approximately 600 feet Peconic Bay Boulevard South At Mattituck, from a point 960 feet west of the southwest corner of the intersection of Peconic Bay Boulevard and Sigsbee Road, westerly gpproximately 470 feet 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-2019-342 Rl Adopted ❑ Adopted as Amended ❑ Defeated - "- Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 171 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting April 9, 2019 page 36 2019-343 CATEGOR Y.• Budget Modification DEPARTMENT: Town Attorney 2019 Budget Modification Town Attorney Financial Impact: office equipment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: TO: A.1420.2.200.200 Town Attorney, Equipment Other Office Equipment $1,400.00 Total: $1,400.00 FROM: A.1420.4.600.200 Town Attorney, C.E. Meetings and Seminars $ 700.00 A.1420.4.600.600 Town Attorney, C.E. Dues and Subscriptions $ 700.00 Total: $1,400.00 ✓Vote Record-Resolution RES-2019-343 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Mover Q ❑ El ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-344 CATEGORY. Seqra DEPARTMENT• Town Attoxney SEQRA -LL Chapter 260 RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A LOCAL LAW to consider amending Southold Town Code Chapter 260 (Vehicles and Traffic) for Parking Restrictions on Peconic Bay Boulevard in the hamlet of Southold Town Board Regular Meeting April 9, 2019 page 37 Mattituck" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. ✓Vote Record-Resolution RES-2019-344 El Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 10 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-345 CATEGORY. Local Law Public Hearing DEPARTMENT. Town Attorney PH 5/7/19 7:01 Pm- Chapter 280 Agricultural Processing WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 9t day of April, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Agricultural Processing as an Accessory Use in the Town of Southold" now,therefore,be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 7th day of May, 2019 at 7:01p.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 an Amendment to Chapter 280, Zoning, in connection with Agricultural Processing in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Agricultural Processing in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose Southold Town Board Regular Meeting April 9, 2019 page 38 The Purpose of the amendment is to permit the accessory use of the processing of agricultural products on a parcel containing a bona fide farm operation within Chapter 280 of the Southold Town Code. Il. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: § 280-13 Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, 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 uses except the following: C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: 13. Processing of Agricultural Products, which meet the following standards: (a) The processing of agricultural products shall take place on a parcel that qualifies as a Bona Fide Farm Operation as defined in section 280-4 of this code. (b) Notwithstanding the provisions in section 280-15(C) of this code, the square footage of an agricultural processing building, or part of an agricultural building used for agricultural processing, shall not exceed one and a half percent 1.5%) of the total size of the parcel on which it is located. (c) An agricultural processing building with a square footage of three thousand square feet or less shall not be subject to site plan review. (d) Any site plan application for an agricultural processing building shall be entitled to the expedited processing and fees for agricultural related site plan applications set forth in Article XXIV of this Chapter. (e) At least sixty-sixpercent (66%) of the agricultural products being processed must have been grown by that Bona Fide Farm Operation. The requirement in this subsection shall not apply in cases of a catastrophic crop failure. 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-2019-345 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ,lames Dmizio Jr Voter El ❑ ❑ ❑ ❑ Defeated William P.Roland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ 0 Tax Receiver's Appt Scott A Russell Voter 2 0 ❑ ❑ Southold Town Board Regular Meeting April 9, 2019 page 39 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comment regarding resolution 345 SUPERVISOR RUSSELL: Let me just say briefly, I want to acknowledge Chris Baiz who is in the audience. There is a punch list of agricultural issues that needs to be addressed and we are .making progress on each of these. Chris, you keep this ball rolling despite the fact that you have a full-time job running your own business. I want to thank you for making sure that we all keep the progress moving forward. 2019-346 CATEGORY: Seqra DEPARTMENT.- Town Attorney SEQRA -Agricultural Processing RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled"A LOCAL LAW to consider amending Southold Town Code Chapter 280 (Zoning) in connection with Agricultural Processing in the Town of Southold" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. ✓Vote Record'-Resolution RES-2019-346 Q Adopted ❑ Adopted as Amended ❑ Defeated - - - ❑ Tabled - Yes/Aye No/Nay Abstain Absent - ❑ Withdrawn James Dimzio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D El El ❑ Rescinded Robert Ghosto Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-347 CATEGORY. Budget Modification DEPAREVIEN77: Planning Board Southold Town Board Regular Meeting April 9, 2019 page 40 Budget Modification -Planning Financial Impact: 2019 Budget Modification-Planning RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Part-Town budget as follows: From: B.8020.4.500.500 Planning Consultants $ 2,000.00 Total $ 2,000.00 To: B.8020.4.400.300 Printing $ 2,000.00 Total $ 2,000.00 ✓Vote Record-Resolution RES-2019-347 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dinizio Jr Voter 0 El El ❑ 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 2019-348 CATEGORY.• Committee Appointment DEPARTMENT: Town Attorney Appointment to Historic Preservation Commission RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph McCarthy as a member of the Southold Town Historic Preservation Commission, effective immediately, term to expire March 31, 2021. ✓Vote Record-Resolution RES-2019-348 0 Adopted -- Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ____ James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn .till Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ 0 Rescinded Scott A Russell Voter 0 ❑ 0 0 Southold Town Board Regular Meeting April 9, 2019 page 41 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-349 CATEGORY.• Employment-Town DEPARPUENT. Accounting Appoint Arthur Bloom PT Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Arthur Bloom to the position of Part Time Code Enforcement Officer for the Town Attorney's Office, effective April 19, 2019, at a rate of$29.45 per hour, upon successful Civil Service and background completion. ✓Vote Record-Resolution RES-2019-349 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter _ ❑ D D ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-350 CATEGORY• Contracts, Lease &Agreements DEPARTMENT: Town Attorney Business Sales Order- Optin711177 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Supervisor Scott A. Russell to execute the Business Sales Order forms with Optimum for the phone systems located at the Town of Southold Solid Waste Department, Town of Southold Recreation Center, The Town of Southold Highway Department and the Town of Southold Human Resource Center. Southold Town Board Regular Meeting April 9, 2019 page 42 ✓Vote Record-Resolution RES-2019-350 [D Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 E] ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-351 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Town Attorney Anti-Defamation League Agreement RESOLVED that the Town Board of the Town of Southold hereby ratifies and authorizes Supervisor Scott A. Russell to execute an A$treement between the Anti-Defamation League of B'nai B'rth ("ADL") and the Southold Anti-Bias Task Force in connection with the 2019 Peer Training Program in the amount of$3,000, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-351 0 Adopted ❑ Adopted as Amended ❑ Defeated - - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter CSI ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 0 El ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ; Mover 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-352 CATEGORY. Contracts,Lease&Agreements Southold Town Board Regular Meeting April 9, 2019 page 43 DEPARTiUENT. Town Attorney Smithtown Intermunicipal Agreement-Recyclahles RESOLVED that the Town Board of the Town of Southold hereby authorized and directs Supervisor Scott A. Russell to execute a six (6)month extension to the existing Intermunicipal Agreement dated February 12, 2019 between the Town of Southold and the Town of Smithtown relating to the acceptance of recyclables from the Town of Southold to-the Town of Smithtown at Smithtown Municipal Services Facility, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-352 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled " ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter H ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover H ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder H ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-353 CATEGORY. Contracts,Lease&Agreements DEPARTMENT.• Town Attorney Brookhaven Town Intermunicipal Agreement- C&D RESOLVED that the Town Board of the Town of Southold hereby authorized and directs Supervisor Scott A. Russell to execute a one (1) year extension to the existing Intermunicipal Agreement dated April 7, 2016 between the Town of Southold and the Town of Brookhaven relating to disposal of construction and demolition debris by Southold Town at the Brookhaven Landfill Complex, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-353 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter H ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder H ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter H ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Board Regular Meeting April 9, 2019 page 44 ❑ No Action ❑ Lost 2019-354 CATEGORY. Budget Modification DEPARTMENT. Accounting 2019 Budget Modification-Town Attorney Financial Impact: Transfer funds to cover new attorney salary RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town Budget as follows: From A.1420.1.200.100 Part-Time, Regular Earnings $50,000 A.1990.4.100.100 Unallocated Contingencies 14,200 Total $64,200 To: A.1420.1.100.100 Full Time, Regular Earnings $64,200 Total $64,200 ✓Vote Record-Resolution RES-2019-354 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 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 2019-355 CATEGORY: Refund DEPARTME_TT: Town Clerk Refund Resident Parking Permit Southold Town Board Regular Meeting April 9, 2019 page 45 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: Chris Anastos 241-01 52nd Avenue, Douglaston,NY 11362 ✓Vote Record-Resolution RES-2019-355 Q 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 J ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-356 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact 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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, in connection to Recreational Floating Zone" reads as follows: LOCAL LAW NO. 3 of 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: Southold Town Board Regular Meeting April 9, 2019 page 46 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: §280-4 Definitions ARCADE, AMUSEMENT -Any facility which provides amusement, enjoyment, or entertainment through electronic machines (e.g., pinball, videogames) 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 profit. HEALTH CLUB -A facility where members or nonmembers use equipment or space for the purpose of physical 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 as gambling, 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. Southold Town Board Regular Meeting April 9, 2019 page 47 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 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. &280-198 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 been shown a demonstrable need for recreation facilities. J §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. § 280-201 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;. Southold Town Board Regular Meeting April 9, 2019 page 48 (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 rezoningof f the parcel 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 applicant. (2) Planning Board report. The Planning Board, in its report to the Town Board, may 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 preparing its report and recommendations, the Planning Board shall give consideration to: the Town Comprehensive Plan; the existingand nd_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 Southold Town Board Regular Meeting April 9, 2019 page 49 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 time period. 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. D. 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 partfor any use except the following: A. Permitted uses. The following are permitted uses are subject to site plan qp rp oval, by the 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 Southold Town Board Regular Meeting April 9, 2019 page 50 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 Parkins 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. B. Overflow, permeable, parkin area(s) shall be required generally 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-2019-356 ❑ Adopted 0 Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting April 9, 2019 page 51 ❑ Defeated James Dmizio Jr Voter Q ❑ ❑ ❑ Q Tabled William P Ruland Seconder Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 1 Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Neat:4/23/19 4:30 PM 2019-357 CATEGORY. Employment-Town DEP'ARLIIENT: Town Clerk Appoint Assistant Town Attorney-Burke RESOLVED that the Town Board of the Town of Southold hereby appoints John J. Burke to the position of Assistant Town Attorney for the Town of Southold, effective May 6. 2019 through December 31, 2019, at a rate of$110,000 per annum. ✓Vote Record-Resolution RES-2019-357 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ __ __ _ __ ___ ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder, Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:49PM in order to hold public hearinl4s. Southold Town Board Regular Meeting April 9, 2019 page 52 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearings P.H. 4/9 7:01PM -RQA Properties LLC RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is considering the Change of Zone application of RQA Properties LLC on the property identified as SCTM#1000-102.00-003-001.000 from; and be it further NOTICED, that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on the 91h day of April 2019 at 7:00 P.M. at the Southold Town Hall located at 53095 Main Road, Southold,New York, and directs the Town Clerk to publish notice of such application in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such hearing, on a proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property identified on the Suffolk County Tax Map#1000-102.00-003-001.000 from R40 (Residential) to B (General Business) All that certain plot,piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York and more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Main Road with the westerly side of Fleets Neck Road; THENCE along the said westerly side of Fleets Neck Road South 45 degrees 29 minutes 00 seconds East, 200 feet to a monument; THENCE South 35 degrees 14 minutes 50 seconds West, 202.67 feet to a monument; THENCE North 45 degrees 29 minutes 00 seconds West, 175.00 feet to the said southerly side of Main Road; THENCE along the southerly side of said Main Road following two (2) courses and distances: 1)North 29 degrees 44 minutes 00 seconds East, 27.55 feet to a monument; 2)North 28 degrees 12 minutes 30 seconds East, 180.62 feet to a monument at the point or place point of BEGINNING. Subject property consists of 37,421 square feet= 0.859 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. I have the notarized affidavit here that this was in fact noticed on the Town Clerk's bulletin board and the Town website. I also have a notarized affidavit that this was published in the Suffolk Times. I have the applicant's affidavit of the sign posting of the property and a photo of that sign. And certified mail receipts from those that were notified. I do have a letter here of Southold Town Board Regular Meeting April 9, 2019 page 53 information received from the applicant on the history of the property. I have a determination . from the Suffolk County division of Planning and Environment that this is to be considered a matter of local determination and there is no apparent significant countywide or inter-community impacts. A decision of local determination should not be construed as either an approval or a disapproval. I have a memorandum from the Planning Board office, I have two of them here. One from November 16, 2018 and one from March 28, 2019 and that's all I have. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anyone who would like to address the Town Board on this particular public hearing to please feel free? Michael Kimack MICHAEL KIMACK: Yes, good evening. Michael Kimack on behalf of the applicant, RQA properties, LLC. I did take the opportunity to put together the history, I thought it would be helpful for the Board. If necessary, I have additional copies if you don't have it in your packets. It has been operating pretty much as general business since 1957 which is the first year that zoning went'into effect in the town and it was appropriately designated as a general business at that time. It had been subject to four zoning applications from that particular time through 1978 two of which were somewhat insignificant, they were signs but two of which 1964, 1983 basically approved the use of it as a used car business at the time and to erect a second sign but the one in 1974 and 1983 granted permission for the pre-existing business property surrounded by residential area. The use had been pre-existing for many years at this location situated less than 300 feet from the residential area, so there was a recognition at that time and that the Board felt that to prohibit this limited use would to some extent, deprive the owner of use of this B 1 zoned property. Bear in mind, obviously, this was being judged under the B zoned code so there was criteria as such but it was favorable at that particular time as long as it was B. They concluded at that point that the variance would not change the character of the neighborhood and would observe the spirits of the ordinance. In 1985, RQA properties leased the property to conduct auto sales, repair and body work. In 1989, the Town went through its master plan revision of the town code, I did a little research but it was difficult, I wasn't able to find because I thought it would be helpful if I could find anything that would relate to any conversation that may have occurred. I did not find that. But I think relevant to that, the comments of the Planning Commission they probably almost refer to that but I will get to that a little bit later in my presentation. So after 1989 there were two appeals and now they are being judged on the (inaudible) from general business and R 40 and after that in 1990 under appeal 3907, they denied a construction of a one story masonry building for retail stores because it was now being judged under the R-40 section of the code which prohibited that. So it changed the demeanor fairly drastically. It imposed the, it wasn't appropriate under the R-40 code and although there is never guarantee of success when applying for a variance, there is no doubt if the property were designated general B zone there would have been perhaps a different outcome. In 2004, RQA Properties bought the property and the member on that is Rich Bozsnyak,just to let you know, he basically then filed under 5759 because he needed to be able to get some additional painting on the property although he did under that particular (inaudible) the Board found he didn't qualify for use variance under sections 241 and 243-100 because since two existing principal Southold Town Board Regular Meeting April 9, 2019 page 54 businesses exist on the property, used car sales are no longer permitted under the R-40 code. In a sense, developing a business plan under the R-40 and being judged by the R-40 code and being, looking to the future in terms of whatever they could evolve to, is going to be very difficult. I did note that the Boards conditions represent the difficulty imposed on the property to be reviewed under the R-40 criteria rather than the general business. The benefits to the community, it's been an ongoing business, it's well maintained, it's well screened. I think that people can probably recognize it as being there. I didn't come to say that there was a general business down the street on one side, a limited business on the other because when you get into that, it's apples and oranges when you get into that kind of argument. I just want this to stand on its own, that basically we really want to go back to what it has already been for 32 years. Now the argument they can put forth is that it's been okay for the next 30 years but that's not the point, the point is that it's a functioning general business, 62 years is a long time to be operating as a garage (inaudible). My client may possibly in the future want to be able to develop a business plan that may be representative of something else other than what he is now doing and he will be extremely restricted under the R-40 zone but not under the general business. He would still have to apply, he would still have to meet those conditions under the general business. I would like to address the, I got the November 19, 2018 Planning Board meeting that recommended the zoning not be changed and number one and number two, number one is it's a continuing operation, well it is a continuing operation use. He is running a very successful auto repair place and painting place except that things change and most businesses in general business may get involved in something else and he would like to be able to have the general business designation. He doesn't intend to do that right away but it would be very hard for him to consider another opportunity for that property under the R-40 code. The second one of both the subject property (inaudible) which generally of those only residential uses, that's correct. There's no sense in making comments on that particular one. And then number three under the (inaudible) is in the general business zoning district which prevents the most intense commercial uses. He has been a repair shop, what he does, it's really only under the special exception under the general business and he has been doing it for 62 years on that particular site. And under 4, the property located on the corner of a busy residential street, that's true but it's also located on the Main Road which you normally designate your businesses should be on there, hamlet business, limited business and general business on the Main Road. I think that we all know that Fleet is also Pequash,just to make sure, when they were reading the description on that. But the number 5 is the most interesting one from the Planning commission and I think this may go back to what they might have been citing in 1989, for the purpose of creating pre-existing, non- conforming (inaudible) zoning changes as was done in the 1990's, to eventually cause a shift in uses over times (inaudible), essentially is, we would like to see (inaudible) I don't want to get into speculation on that but it would be highly unlikely to take a business that's thriving if he is going to sell it as a business to completely knock it down and build a one family house on the Main Road. It certainly is not the best use of the property. And I doubt seriously from an economic point of view that that would ever be able to be achieved. To move back in that direction. And essentially, that is my (inaudible). There is other information here, I tried to be as comprehensive as I could, if I thought it would be helpful to the Board. To get the complete history of exactly what and the kind of zoning cases that had been applied to the property when it was general business and R-40. And to develop any kind of general business plan and move forward if in fact he would like to, he would not be able to in R-40 zoning because looking Southold Town Board Regular Meeting April 9, 2019 page 55 forward to it being a single family home is simply just kind of like trying to fit in a square peg in a round hole. It's difficult to apply the R-40 to not only his existing situation but if he does propose to do something else which would be subject to zoning under the general business. That's my presentation. Are there any questions for me? SUPERVISOR RUSSELL: Just a question on clarity. This is actually currently a split zone, right? The property? MR. KIMACK: No, it's R 40. SUPERVISOR RUSSELL: Oh, so it's R 40, the entirety? I thought it was a split zone. My mistake. MR. KIMACK: I think I have given you all the information that is relevant to this and I don't want to take up more time than I need to. Inaudible. We would respectfully request that the Board seriously consider this. Simply the designation would simply be a recognition of what has been for 62 years, a general business that continues to be such. COUNCILMAN DINIZIO: Can I ask a question? Because I thought I heard you say you were going to address the Planning Board's memo? MR. KIMACK: That was. JUSTICE EVANS: He just did. MR. KIMACK: I did. The one that I had has five points but you said you had two and I only had one. COUNCILMAN GHOSIO: Actually they say the same thing. MR. KIMACK: Thanks. Talk about having to ad lib. COUNCILMAN DINIZIO: So you don't think that their reasoning is fair, what's the... MR. KIMACK: I think they look at it from their perspective and certainly I think that the salient point that they were making with number 5, the others were you know argumentative, in terms of it wasn't on the side street, it's on the Main Road and stuff like that. I think the overall expectation of the Planning Board and it may also have been the expectation in 1989, I have no way of knowing that because I wasn't able to find any documentation, was that ultimately it's surrounded by R-40 and that is true although limited business and hamlet business is across the street, Braun's is down the street, Braun's is really agricultural. That's why I don't bring it up because I don't want to necessarily say that Braun's fits the same category that we do, that essentially is going to change to an R-40, do the economics on it. I mean, in a sense he has maintained a thriving business, it's clean, it's operational, it's well-screened and anybody, if he was going to do any changes, the value of that property moving forward, is that some operation Southold Town Board Regular Meeting April 9, 2019 page 56 under the general business. Now, in a sense would be his operation now, someone could come in and buy it, he doesn't want to be limited to just that and someone wants to look at that property and make a change but to pay that money, in a sense, you know what would you buy for a vacant lot, this isn't a vacant lot, you had to pay the value of that and then knock it all down and build a residential home on the Main Road. My opinion is that probably would never happen. COUNCILMAN DINIZIO: I think that you are describing basically a use variance and it seems to me that you are saying that it would not meet that standard, the use variance standard. MR. KIMACK: Well, whatever, he would like to be able to, be able to plan, if in fact he wants to make a change in the future, the planning would come under the general business special exception. Whatever it has to do. He can't do any planning now, he can't look forward to any other opportunity in R-40. COUNCILMAN DINIZIO: But he certainly can keep his business for 100 years. MR. KIMACK: Yes but the expectation that businesses are sustainable in terms of their models, they change. I mean basically businesses, the garages or whatever, competition changes it. In a sense, I am sure that's happened many, many times over, businesses come and go. New businesses come in, people come in with new ideas on the same property, come into the limited business and into the general business with those ideas but no one is going to be able to come into the R-40 with those other ideas. COUNCILMAN DINIZIO: Well, that brings me back to the memo from Planning which basically says that... MR. KIMACK: Inaudible. Stay the course, you can operate your garage for the next 40-50 years, have at it. And I am saying in the next 5-10 years that maybe there may be a reason or opportunity to do something else with a general business that he has applied for and would not be able to do it with R-40. TOWN ATTORNEY DUFFY: Under 281-21 and 281-23, you can make those applications to change to them to different non-conforming uses as long as it's the same or more restrictive nature. And you are really only prevented from doing more intense use of the property than what's there already. MR.KIMACK: That may well be the case. I mean, the decisions that were coming down basically that I was reading, they basically denied, I mean, I am not quite sure, the one that was denied after 1989, they wanted to do a 1,426 square foot one story masonry building for retail stores and commercial office. Now, is that more intense than a garage or painting? I don't know. But it was denied because it was under R-40, so even though, yes, it's still going to be viewed under R-40 under those standards. It's a crapshoot. SUPERVISOR RUSSELL: What's the size of the property? Southold Town Board Regular Meeting April 9, 2019 page 57 MR. KIMACK: It's a little under an acre I think. I don't have anything else, so if anyone has any questions of me? COUNCILMAN GHOSIO: It's .859 acres. SUPERVISOR RUSSELL: What is it? COUNCILMAN GHOSIO: .859. MR. KIMACK: It's almost an acre. Greg Doroski GREG DOROSKI: I am Greg Doroski., We were wondering if the Board could comment on their thinking about how this,change of zone application kind of fits within the land use chapter_ of the ,comprehensive plan that's just been released? Because it does speak to these non- conforming uses. SUPERVISOR RUSSELL: Yes, the issue with the public hearing is to take public comment so that the Board can consider all that comment. I don't know that it would be appropriate for me right now to, you know, when I take action for or against it, would be the time I would explain that but I would rather take public input first to consider everything. MR. DOROSKI: Okay. SUPERVISOR RUSSELL: Who else would like to address the Town Board? U.NIDENTIF IED: Inaudible. SUPERVISOR RUSSELL: Yes, we still have the public hearing. Michael Kimack MR. KIMACK: I have concluded my presentation. I mean, you have got all of my information and I just wanted to summarize and not take more time than I need. Thank you. Abigail Wickham, Esq. SUPERVISOR RUSSELL: Gail? GAIL WICKHAM: Good evening, Gail Wickham. 465 Old Pasture Road, Cutchogue. Does the Board expect to close the hearing tonight, would they be extending it for written comment? SUPERVISOR RUSSELL: I would see no objection to that. MS. WICKHAM: I would like to do that. Southold Town Board Regular Meeting April 9, 2019 page 58 SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? Greg Doroski MR. DOROSKI: I guess I will just express my concerns. SUPERVISOR RUSSELL: Okay. MR. DOROSKI: I wonder if by giving this a B zone designation, we are in effect going to pull the B zone either from the King Kullen area over to this side and increase sprawl in Cutchogue. SUPERVISOR RUSSELL: Thank you. Michael Kimack MR. KIMACK: A quick comment on that. I don't think that is going to happen. The thing is, it's in existence on that one side, it's almost been there before zoning actually occurred, so it's not as if you have a new piece, a vacant piece of property that you are looking at, which is 99 % of all your other cases I suspect. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? I want to see if anyone else wants to address the Board at this point? But I really don't want to get involved in a point, counterpoint because I want everyone to give us their input. Anybody else? No response. JUSTICE EVANS: I make a motion we close the public hearing except for written comment for two weeks? PH 4/9 7:01 Pm Chapter 280 Recreational Floating Zone District RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Ghosio COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to the ,Town Board of the Town of Southold, Suffolk County,New York, on the 12"' day of March, 2019, a Local Law entitled "A Local Law in relation to Amendments to Chanter 280, in connection with a Recreational Floating Zone District" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 91h day of April, 2019 at 7:01 p.m. at which time all interested Southold Town Board Regular Meeting April 9, 2019 page 59 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 as follows: 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 Any facility 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 rp ofit. HEALTH CLUB A facility where members or nonmembers use equipment or space for the purpose of physical 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 Southold Town Board Regular Meeting April 9, 2019 page 60 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 asam�blin , 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 alley health spas and clubs, arcades, gymnasiums, community centers, and uses normally accessory and incidental to commercial recreation, such as locker rooms. A membership fee ma or 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) 4280- 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 roadway &280-198 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 reasonable to an existing public recreational complexes or facilities; and other locations where there has 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 Southold Town Board Regular Meeting April 9, 2019 page 61 description of each such district shall be kept on file in the Office of the Town Clerk. 280-201 Application procedure. A. A property owner mU 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 rezoningof f the parcel 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 applicant. (2) Planning Board report. The Planning Board, in its report to the Town Board, mU 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 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 Southold Town Board Regular Meeting April 9, 2019 page 62 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 time period. 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 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. x'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 PlanningBoard: oard: (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 Parkinlz Requirements Southold Town Board Regular Meeting April 9, 2019 page 63 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 4280-204 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. B. Overflow, permeable, ap rkin area(s) shall be required generally 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. Southold Town Board Regular Meeting April 9, 2019 page 64 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a signed affidavit that this was noticed in the Suffolk Times as well as on the Town Clerk's bulletin board and the town website. I have a letter here from the Suffolk County Planning Department that this is a matter of local determination and there is no apparent significant county-wide or inter-community impacts. I have a memorandum from the Local Waterfront Revitalization Program coordinator, finding that this action is consistent with the LWRP. I have a memorandum from the Planning Board, `Thank you for the opportunity to provide comments on the above referenced local law. The Planning Board supports the proposed legislation with the following recommendations: it was the consensus that the prohibition of gambling is not explicit in the recreational facility major definitions, consider adding the following language to its definition `it shall not include such activities such as gambling, racing, jai alai and amusement parks.' And that is all that I have. Supervisor Russell SUPERVISOR RUSSELL: I would give the opportunity to anybody that would like to comment on this local law? Leslie Weisman, Chairperson ZBA LESLIE WEISMAN: Good evening, Leslie Weisman, chair of the Zoning Board of Appeals. I am here this evening on behalf of the entire board of Appeals, all members including myself unanimously support the proposed legislation. I think you said it well in the preamble, in the section that describes the purpose and the applicability of this proposed legislation. You will recall I am sure that not that long ago the Board of Appeals held hearings on a recreational, proposal for a very large recreational facility. We were unable to evaluate it on the merits of the project despite widespread public support simply because the property itself was not zoned correctly for the proposed project and so this, I believe, gives the Town Board the kind of flexibility, another tool in the tool box to help our community achieve some of the things that are very difficult to achieve given the limited parcels in our town that would accommodate a major recreational facility. So those are the reasons why the Board of Appeals along with Planning totally support this as an opportunity to do something our community will benefit from greatly. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this local law? Julie Ann. Mattituck JULIE ANN: Julie Ann from Mattituck. Back when we were going through the Sports East thing and Scott came out and said he was very committed to trying to make it happen, he did say that zoning was designed to remove subjectivity to the process which I think is good and I think the wording here where they can, it says commercial and residential areas located near existing public recreational complexes or facilities and then other locations the Town Board deems appropriate, I think that adds subjectivity to this very loosey-goosey, you know,,it is encroaching Southold Town Board Regular Meeting April 9, 2019 page 65 on our zoning laws, it says we can override every zoning law in the world if the Town Board thinks it's appropriate and I sure hope they don't do it on the 14 acres across from my house. I mean, this is what I am saying, I don't think that should be in there. I think it should be very clearly spelled out that there are no other locations like a farm, a beautiful farm. SUPERVISOR RUSSELL: Yes, any future applicability of that would have to be a separate change of zone application which would be subject to public hearing. The Town doesn't have the right on its own motion to simply change zoning. JULIE ANN: I just think that wording is bizarre. SUPERVISOR RUSSELL: The intent actually is to locate it near existing recreational hubs, so it would be centrally located. JULIE ANN: Okay. I also question the gambling thing because I don't think what the Planning Board said is enough. You just indicated that there is no gambling allowed outside. SUPERVISOR RUSSELL: I think that is under definition, in permitted uses. JULIE ANN: You say, recreational uses characterized by outdoor activity including but not limited to and you list all these ones and you say under that, it shall not include such activities as gambling, racing, jai alai and amusement parks. But that is under outdoor, there could be an indoor casino. COUNCILMAN GHOSIO: Actually under arcade/amusement it does exclude machines used for gambling. JULIE ANN: But not tables. It's just slot machines. You could have blackjack tables. UNIDENTIFIED: How about lotto? JULIE ANN: Yeah. And I also have a question because this town is 'really bending over backwards and going through, you know, compromise the code,in order to achieve recreation. Is there going to be any way to control whether, you are soliciting commercial and enabling commercial businesses to come in here and we have great recreation,very affordable in this town I think. Is there.going to be any way to say you can't have (inaudible) that has a $50,000 buy in to be a member of this private club and $20,000 a year membership dues, I mean.... SUPERVISOR RUSSELL: -That's exactly what our public hearing would do, in other words, the applicant would have to bring a proposal to us and those are the issues we would be able to nail down as part of a public record before we would take a vote on whether we would approve or not a change of zone. JULIE ANN: So we are not just helping out private businessmen, build a Planet Fitness here. Southold Town Board Regular Meeting April 9, 2019 page 66 SUPERVISOR RUSSELL: The goal was to try to fill community need. With regard to specifics of an applicant's application, that's where we would ferret out the information with reference to membership fees, residential fees versus non-residential fees and all those things. And that would be part of the public record before the vote of the Town Board as part of the public hearing on change of zone. JULIE ANN: Okay and my last question which is sort of off the thing, didn't the town buy 10 acres in Peconic on Carroll Street? SUPERVISOR RUSSELL: Yes. JULIE ANN: Has anyone wanted to build anything there? SUPERVISOR RUSSELL: I would, if this zoning change passes, I think this piece of property should be offered up for an RFA. It's right in the recreational hub... JULIE ANN: But nobody has approached asking to build a recreation... SUPERVISOR RUSSELL: Specifically there, no. No because no zoning has existed yet, so there would be no need for anyone to come to the Town Board. In other words, they would have no, it's an AC and R-80 zone I think, so they wouldn't come to the board and say they want to build this... JULIE ANN: Inaudible. It was in the paper that this would be a great place for Sports East. SUPERVISOR RUSSELL: Well, yes, that's my comment. No, no, Sports East specifically, a facility similar to that type of facility, a recreational facility. It's in the hub of the recreational center at the center of Southold Town. JULIE ANN: So this is one thing that will be created by the zone (inaudible) SUPERVISOR RUSSELL: It would permit someone to bring an application in to propose a facility on that property. JULIE ANN: Okay, thank you. Bob Hamilton, Orient BOB HAMILTON: Bob Hamilton, Orient. To the point that was just raised by the lady, it seems as if the definitions (inaudible) where it talks about what shall not be allowed, it seems that that sentence belongs more properly in recreational facility major. The only permitted use under the revised zoning is for a major recreational facility, so that if the restriction, if the definition of major recreational facility eliminated gambling, racing, jai alai and amusement parks, that would indicate clearly there was no intent to put those kind of activities at this kind of facility. So it seems as if a simple movement of that section from one definition to another might address the problem and I think meet the expectation of what the board is trying to do. Southold Town Board Regular Meeting April 9, 2019 page 67 Supervisor Russell SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That is it on the resolutions. Would anybody like to address the Town Board on any issue? Tom Shearin, Greenport TOM SHEARIN: Tom Shearin, Greenport. I am here to find out what's going on with Silvermere Road? It's been over a decade now, I think that Betty, yourself and Jill were the only ones that were here when it originally got going. And I keep getting passed around from person to person to person, I keep getting told that there's a deadline, a deadline. I have been promised by you at least three times that it was going to get done. I would just like to know when. SUPERVISOR RUSSELL: Attorneys have a way of dragging things out. I will refer to Bill Duffy on this. TOWN ATTORNEY DUFFY: (Inaudible) on those claims, I am not going to get too in depth of what is going on because there is potential litigation but we have,trying to work out a settlement. We have gone back and forth with the other party and the other party, his attorney, requested an extension because they were away and as a courtesy to him I gave him another couple of days to consider it and I expect to hear something by the end of this week either yes or no. MR. SHEARIN: And the reason we are waiting for him? Just out of curiosity at this point because the plans have been changed, I don't understand why we are even waiting for him. SUPERVISOR RUSSELL: Because he represents the owners of the property. MR. SHEARIN: At this point you don't even have to go on the property because the plan was changed, from digging a hole to not digging a hole so now it's just to do what they should have done already the last time work was done on the property, so. TOWN ATTORNEY DUFFY: There's two different plans, if we (inaudible) there's going to be work on that property, the owner's property and drainage put in one location on town property, if we don't reach a settlement, then the engineers suggest putting the drainage in another location. So we need to know whether we are settling this or not before we can do the work... MR. SHEARIN: But it's been four months. I just want to know (inaudible) are they really going to say one way or the other what they are going to do. If they are going to do nothing or are they going to do something. Southold Town Board Regular Meeting April 9, 2019 - page 68 TOWN ATTORNEY DUFFY: We have heard your concerns and you have been in touch with my office. Jill, you did give a deadline of last Friday (inaudible) MR. SHEARIN: If they don't respond, how long do you expect to have to wait before something gets done? Because spring cleanup is coming, the town highway department is going to be busy. SUPERVISOR RUSSELL: I think we anticipate going out to a contractor to get the work done. COUNCILWOMAN,DOHERTY: Yes. MR. SHEARIN: Inaudible. SUPERVISOR RUSSELL: Well, there is no specific contractor, you RFP for that work. MR. SHEARIN: The next thing is the contractor can't get there until next year, so I am just wondering if we have some kind of idea for time frame,'is it going to be another year, is it going to be another month? Because initially the highway department was going to (inaudible), now I see that's changed too. The goal post has been moved again. SUPERVISOR RUSSELL: No, the goal post hasn't'been moved, we are trying to do it more expeditiously and if the highway department is busy with cleanup, that wouldn't be the most opportune time. some of these drainage projects need to be done, they need to be done quickly. Not just there. so the engineers in developing the list and I think that they are going to over the next few weeks identify what needs to get done, again RFP or bid out the contractor services, I am not sure. It depends on the cost. And get moving on... MR. SHEARIN: So Friday we are going to know one way or the other whether they are going to get on board? TOWN ATTORNEY DUFFY: Yes. MR. SHEARIN: So I can call your office, Mr. Duffy and you can find out, and how long after that it's going to go out.to bid so I assume that's going to be at least months and months and months. SUPERVISOR RUSSELL: No. TOWN ATTORNEY DUFFY: No, we actually have a standing acceptance of a bid, the Town of Southampton has a, did go out and we were allowed to piggyback, so we piggybacked off that so we do have a contractor in mind to do the drainage work. MR. SHEARIN: So we can expect the work to be done over the next month, one way or the other? Whether they respond favorably or not? Southold Town Board Regular Meeting April 9, 2019 page 69 SUPERVISOR RUSSELL: We will get an answer from the applicant, I am sorry, from the other owner on Friday and we will get you an answer on Monday on how-quickly the contractor can get there and get the work done. MR. SHEARIN: Okay. COUNCILWOMAN DOHERTY: And any resolutions we may need to do, hopefully we will be prepared to do at the next meeting. MR. SHEARIN: I was going to say, I would like to see the Supervisor directed to make a resolution but thank you for your time. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any,issue? Dwight Singleton DWIGHT SINGLETON: Good afternoon, my name is Dwight Singleton. There is an issue, I am here on behalf of(inaudible) summer camp. I would like to talk about our upcoming event, April 20th, we have an Easter egg and food drive coming up at Long Island sports park at Calverton New York. If you guys or councilmembers have any non-profit organizations or shelter homes that can benefit by the food drive, please don't hesitate to contact me and let me know about that as well. I would also like to talk about our summer camp that's coming up July 1St through August 30th, we also offer resident discounts 10% off, also you get your membership waived when you come with a canned good.' That's all. SUPERVISOR RUSSELL: That's private, not for profit? MR. SINGLETON: Yes. SUPERVISOR RUSSELL: Okay, can you do me a favor and get me your contact information tomorrow to my office? My number is 765-1889, so we have your information. MR. SINGLETON: Okay,thank you so much. COUNCILMAN GHOSIO: Since you are being recorded and You are going to be on channel 22,.what was the name of your organization? MR. SINGLETON: MRV summer camps. COUNCILMAN GHOSIO: MRV summer camps? MR. SINGLETON: Yes, motivation, relationships and values. SUPERVISOR RUSSELL: Okay. Get us the contact information tomorrow. MR. SINGLETON: Okay, thank you so much. Southold Town Board Regular Meeting April 9, 2019 page 70 Supervisor Russell SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:31 P.M. eabet&h Eh A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell