The URL can be used to link to this page

Home My WebLink AboutTB-04/23/2019 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK ��o�OS�FFO(�coGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�1p1 �ao� Telephone: (631)765-1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING April 23, 2019 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 23, 2019 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on April 23, 2019 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold F Councilman Present William P. Ruland Town of Southold ; Councilman Present Jill Doherty = 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 William M Duffy Town of Southold Town Attorney Present I. Reports 1. Trustees Monthly Report II. Public Notices 1. East Marion Main Road Historic District Informational Meeting III. Communications IV. Discussion 1. 9:00 Am -Brooke Oliveri, Linda Sweeney 2. 9:15 AM - Karl Novak, President of LIFB, Chris Baiz Page 1 Southold Town Regular Board Meeting April 23, 2019 page 2 3. 9:30 AM -Leslie Weisman, Mike Verity 4. 9:45 AM - Michael Domino, Trustee 5. 10:00 AM - Ann Smith, Denis Noncarrow 6. 10:15 AM - Denis Noncarrow 7. 10:25 AM -Vincent Orlando 8. 10:35 AM -Vincent Orlando, Michael Collins,Jamie Richter, Jeff Standish 9. 10:45 AM -Justice Evans, Jeff Standish 10. 11:00 AM - Craig Jobes,Environmental Analyst 11. Sanitary Flow Bank 12. Discussion of Revisions to the Town Boat Ramp Permit Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:32AM for the purpose of discussing the following matters: Labor- Matters Involving the Employment of a Particular Person(S)— Committee Appointments/Re-Appointments RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 13. EXECUTIVE SESSION -Labor- Matters Involving the Employment of a Particular Person(S) Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:35PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:35PM until the Regular 4:30 PM Meeting of the Southold Town Board. Southold Town Regular Board Meeting April 23, 2019 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise for the Pledge to the Flag. Thank you. I am going to ask anybody if they would like to comment on any of the regular agenda items? Bob Hanlon, Orient BOB HANLON: Good afternoon, I am Bob Hanlon from Orient. In the resolution 2019-356 which is the local law concerning the Recreational Floating Zone, I have no problem with the concept of the proposal but as was discussed in the hearing previously, there is a specific provision under outdoor recreational facilities definition, it says it shall not include such activities as gambling, racing, jai alai and amusement parks. That applies only to the outdoor recreational facilities. Outdoor recreational facilities are a subset of the activities for a major recreational facility and this, the only use that's allowed under this zone is for a major recreational facility. By listing the prohibition only under the outdoor recreational facilities that indicates that it is not forbidden in other sections of the code and that comes directly from decisions in the courts, for example (inaudible) versus the commissioner from the 91h circuit, it says congress is presumed to act intentionally and purposefully when it includes language in one section but omits it in another. Because it is included in one small section and it's omitted from the broader section, this would suggest that gambling and so on are not forbidden in indoor activities relating to this particular zone. I don't think that's the intention of the Board and previous discussion it seemed as if, from the comments, that that wasn't the intention. The solution to the problem is to move that prohibition from the subsection about the recreational facilities to the major recreational facilities section. This was what was suggested during the hearing, it is not occurred as of yet but I would urge the Board to consider doing that, otherwise, I think we are going to find a developer at some point in time is going to come in and suggest that they are permitted to have gambling in these premises and that's not, I think, what we are trying to do. SUPERVISOR RUSSELL: Yes, I appreciate that but also let me point out that any future application would be subject to a change of zone of the Town Board, so in other words, it's not a matter of right, we are not changing anything. Code definitions that would convey these uses as Southold Town Regular Board Meeting April 23, 2019 page 4 a matter of right. They would be required to come before the Town Board and request the change of zone. So the intent of the code is pretty specified and the purpose section, so the Town Board at the time, has the ability to say no, that is not consistent with what we adopted previously. MR. HANLON: The Town Board also would be free, despite this indication that it doesn't want gambling, decide in that application, well, we are going to allow gambling in this particular one under an administrative basis rather than a code basis. SUPERVISOR RUSSELL: Any Board, ultimately, any Board can decide to add gambling to any section of the code, you can't anticipate the consequences of future Board's. This legislation, the purpose specifies quite clearly what the intent is. MR. HANLON: Well, if you want to leave open the possibility that you may have gambling with facilities, I am not sure why you are eliminating it in the outdoor version but not the indoor version. Why not omit that altogether and allow gambling if that's what you think you may want to do? SUPERVISOR RUSSELL: No, that's not the intent of the code and you know, I am going to ask Bill but I think this was already addressed. It doesn't fall in the definition of recreational facility, commercial recreational facility. TOWN ATTORNEY DUFFY: I think the idea was to make it (inaudible) would require re- posting, tabling this or voting this down and then making changes and rehearing it but we are thinking we would adopt it and the next Town Board we can, once it becomes local law we can make that change, after the fact instead of putting the whole code on hold for one line, we can still (inaudible). Supervisor Russell SUPERVISOR RUSSELL: Alright. I appreciate your input. Would anybody else like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2019-358 CATEGORY. Audit DEPARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 23, 2019. . ✓Vote Record-Resolution RES-2019-358 R1 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Z ❑ ❑ ❑ ❑ Defeated William P Ruland Voter ❑ 0 ❑ Southold Town Regular Board Meeting April 23, 2019 page 5 ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ 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 2019-359 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, May 7, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 7:00 PM. ✓Vote Record-Resolution RES-2019-359 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _____ _ ___� ..__. ❑ Withdrawn James Dmizio Jr Voter lo 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 -- - -- -- - -- - - - -- - 2019-356 Tabled 4/9/2019 7:00 PM 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 Southold Town Regular Board Meeting April 23, 2019 page'6` , 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 Floatinji 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: 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, 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 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 Southold Town Regular Board Meeting April 23, 2019 page 7 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 chargedpatrons. 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 FloatinI4 Zone District (RFZ) X280- 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. 4280-199 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; X280-200 Boundaries. Southold Town Regular Board Meeting April 23, 2019 page 8 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 pply 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. 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 existing and permitted land uses in the Southold Town Regular Board Meeting April 23, 2019 page 9 area; the location of buildings on the site,traffic circulation and pedestrian infrastructure, both on and off the site; the adequacy and availabilityoof community facilities and utilities, including public water and public sewer systems,to service the proposed development, and; other factors as may be related to the purposes of this article. C. Town Board public hearing. Within 45 days from the date of the Town Board's receipt of the Planning Board's report or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of levying a RFZ on property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning Code. D. Town Board action. (1) Within 45 days after the date of the close of the public hearing,the Town Board shall act to either; approve, approve with modifications, or disapprove the application. A copy of the determination shall be filed in the Town Clerk's office. The Town Clerk shall forward the determination to the applicant, the Planning Board, and the Parks and Recreation Committee. If such determination approves the establishment of a new RFZ, the Town Clerk shall cause the Official Zoning Map to be amended accordingly. (2) Revocation; extension. a. The Town Board may, on notice to the applicant, and for good cause shown, revoke the establishment of an RFZ if after 18 months from approval work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. b. The Town Board, upon request of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend the above 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 part, for any use except the following: A. Permitted uses. The following are permitted uses are subject to site plan approval by the Planning Board: Southold Town Regular Board Meeting April 23, 2019 page 10 (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 ParkinLr Requirements No building or premises shall be used and no building or part thereof shall be erected or altered in the RFZ district unless the same conforms to the following: A. Minimum Lot Size. The minimum lot size shall be 120,000 square feet. B. Maximum Lot Coverage. (1) The total lot coverage for structures shall be not exceed 20 percent of the parcel area. (2) The total lot coverage for outdoor recreational facilities shall not exceed to 50 percent of the parcel area (3) Notwithstanding the foregoing, the combined, total lot coverage for both structures and outdoor recreational facilities shall not exceed 50 percent of the parcel area C. Minimum Yard Setbacks (1) A principle Structure shall maintain the following setbacks: a. Front Yard 100 feet b. Rear Yard 50 feet C. Side yard 50 feet d. To residentially zoned property 100 feet (2) Outdoor Recreation Facilities and outdoor pavilions shall maintain the following setbacks: a. Front Yard 50 feet b. Rear Yard 50 feet C. Side yard 50 feet d. To residentially zoned property 100 feet (3) Parking and loading areas shall maintain the following setbacks: a. Public and private right of ways 50 feet b. Any property boundary 50 feet 280-204 ParkinjZ 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 Southold Town Regular Board Meeting April 23, 2019 page 11 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ 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 Comments regarding resolution 356 SUPERVISOR RUSSELL: I would just like to say Bob Hanlon's points are well noted, I do think there are two layers of protection that will stop that from happening, that couldn't allow that to occur but I aln willing to revisit the issue in the near future but I do think we should get this adopted, so I vote yes. 2019-360 CATEGORY. Attend Seminar DEPARTITENT. Police Dept Police Deparlinent-Training Request Southold Town Regular Board Meeting April 23, 2019 page 12 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Roman Wilinski to attend a seminar on Search and Seizures held at the Nassau County Police Academy from April 30—May 1, 2019. All expenses for registration and incidentals to be a legal charge to the 2019 budget lines A.3120.4.600.200 and A.3120.4.600.225 ✓Vote Record-Resolution RES-2019-360 Q Adopted ❑ Adopted as Amended ❑ Defeated "- "— Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 1 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-361 CATEGORY. Employment-Town DEPARTMENT: Accounting Netiv York State Retirement Reporting WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping (Hrs/day) System Zoning Board of Appeals Member Nicholas Planamento 6 1 /1/19-12/31/2023 N 5.28 Southold Town Regular Board Meeting April 23, 2019 page 13 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Cleric be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 23rd of April 2019 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six (6) of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 18th day of December 2018. SEAL Elizabeth A. Neville Town Clerk Town of Southold ✓Vote Record-Resolution RES-2019-361 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ _ _ , _ _ 13 Withdrawn James Dtntzto Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-362 CATEGORY. Attend Seminar DEPART/TIENT. Police Dept Police Department-Training Request Southold Town Regular Board Meeting April 23, 2019 page 14 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detectives Steven Harned and Kenneth Richert to attend the Reid Technique of Investitzative Interviewing and Advanced Interrogation training at the Southampton Police Department from June 4-7,2019. All expenses for registration to be a legal charge to the 2019 budget line A.3120.4.600.200 ✓Vote Record-Resolution RES-2019-362 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 10 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter CEJ ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-363 CATEGORY• Employment-Town DEPARTMENT. Accounting Acknowledges the Intent to Retire Martin J. Tarpey Jr. WHEREAS,the Town of Southold has received notification via U.S. Mail on April 15, 2019 from the NYS Retirement System concerning the retirement of Martin J. Tarpey Jr. effective April 27, 2019 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Martin J. Tarpey Jr. from the position of Construction Equipment Operator for the Solid Waste District, effective April 27, 2019. ✓Vote Record-Resolution RES-2019-363 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye NoNay Abstain Absent ❑ Tabled James Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ Withdrawn William P Roland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter ID ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Regular Board Meeting April 23, 2019 page 15 2019-364 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Increase Salary of Christopher Newell RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-058 of the Fishers Island Ferry District adopted April 15, 2019 that increases Christopher Newell's Deckhand wage rate to $19.48 per hour effective January 31, 2019. ✓Vote Record-Resolution RES-2019-364 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter P] ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-365 CATEGORY.- Employment-FIFD DEPARTMENT: Accounting Appoint Leonard Ortiz Full Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-056 of the Fishers Island Ferry District adopted April 15, 2019 that appoints Leonard Ortiz to the position of full time Deckhand at a rate of$15.00 per hour effective April 25, 2019. ✓Vote Record-Resolution RES-2019-365 Rl Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended lames Dimzio Jr Voter Rl ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder D ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover Q ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 0 0 0 Southold Town Regular Board Meeting April 23, 2019 page 16 ❑ 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 2019-366 CATEGORY: Employment-FIFD DEPARTMENT• Accounting Accept Resignation of Alyssa Hadley RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-057 of the Fishers Island Ferry District adopted April 15, 2019 that accepts the resignation effective April 15, 2019 of Alyssa Hadley, summer seasonal Cashier for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2019-366 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 Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-367 CATEGOR Y.• Employment-FIFD DEPARTMENT: Accounting Accept Resignation of George Marshall RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-057 of the Fishers Island Ferry District adopted April 15, 2019 that accepts the resignation effective April 15, 2019 of George Marshall, part time Deckhand for the Southold Town Regular Board Meeting April 23, 2019 page 17 Fishers Island Ferry District. ✓Vote Record-Resolution RES-2019-367 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Voter 0 11 11 ❑ 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 2019-368 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Appoint Patrick Chasse Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-059 of the Fishers Island Ferry District adopted April 15, 2019 that reads as follows: WHEREAS The Fishers Island Ferry District requires additional Deckhands; Therefore, it is RESOLVED to appoint, with effect April 25, 2019, Patrick Chasse as a part-time Deckhand (FIFD) at a rate of$12.50 per hour. On May 13, 2019 Mr. Chasse will become a summer seasonal Deckhand (FIFD). On September 15, 2019, Mr. Chasse will be released from his summer seasonal position and on September 16, 2019, he will resume as a Deckhand (FIFD). ✓Vote Record-Resolution RES-2019-368 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dtmzio Ir Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Regular Board Meeting April 23, 2019 page 18 2019-369 CATEGORY: Close/Use Town Roads DEPAREVE INIT. Town Clerk Road Closures for North Fork Country Club Annual Golf Tournament Financial bnpact:Police cost for event-$895.28 RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork Country Club for their Annual Golf Tournament in Cutchogue for a limited closure of Moore's Lane, from the Main Road to the southerly line of the "Country Club Estates" subdivision, total closure from that southerly point south to the northern line of the William Tyree land parcel, and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and "Country Club Estates"), on Friday, July 19, 2019 from 8:00 AM to 5:30 PM and Saturday, July 20, 2019 from 8:00 AM to 2:00 PM provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. They must notify Capt. Kruszeski immediately upon the approval of this resolution to coordinate traffic control. ✓Vote Record-Resolution RES-2019-369 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn .lames Dmizio Jr Mover 0 If El 11 ❑ 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 Lowsa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-370 CATEGORY: Advertise DEPARTMENT: Assessors Request to Advertise for Student Intern RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two (2) consecutive weeks for the position of Student Intern for the Southold Town Assessors Office. Southold Town Regular Board Meeting April 23, 2019 page 19 ✓Vote Record-Resolution RES-2019-370 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain_ Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter p El ❑ ❑ Supervisor's Appt William P Roland Seconder 121 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-371 CATEGORY. Budget Modification DEPARTIVIENT: Accounting 2019 Budget Modification- Trustees Financial Impact:Establish Budget for Living Shoreline Grant from Suffolk County RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: Increase Revenues: A.2770.60 Suffolk County Grants $58,800 Total $58,000 Increase Expenditures: A.8090.4.500.200 Trustees, Professional Services $58,800 Total $58,000 ✓Vote Record-Resolution RES-2019-371 Z Adopted ❑ Adopted as Amended _ ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn William P Ruland Mover R1 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter p ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Regular Board Meeting April 23, 2019 page 20 2019-372 CATEGOR Y:• Attend Seminar DEPARTMENT: Public Works Craig Jobes Invasive Species Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Craig Jobes to attend a seminar on Invasive Species Conference in Brentwood,NY, on April 24 & April 25, 2019. All expenses for registration, travel to be a legal charge to the 2019 budget (meetings and seminars). ✓Vote Record-Resolution RES-2019-372 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ 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 2019-373 CATEGORY.• Attend Seminar DEPARTIIIEAIT: Accounting Attend Seminar-Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower and Laura Arena to attend a seminar on governmental finance in Riverhead, NY, on May 16, 2019. All expenses for registration and travel to be a legal charge to the 2019 budget (A.1310.4.600.200 Meetings and Seminars). ✓Vote Record-Resolution RES-2019-373 RI Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Ir Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter RI ❑ ❑ ❑ ❑ Tabled Jill Dohertv Voter 10 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover Q ❑ 0 0 Southold Town Regular Board Meeting April 23, 2019 page 21 ❑ Supervisor's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-374 CATEGORY. Attend Seminar DEPARTAIENT: Justice Court Justice Court Staff to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Justice Court Director Leanne Reilly, and Justice Court Clerks Dania Atkinson, Michele Drake, Diana Franke, and Kendra Wadlington to attend the 2019 Annual Court Clerk Training on May 31, 2019 at the Cohalan Court Complex, 400 Carleton Avenue, Central Islip,NY. There is no cost to attend. Travel expense to be charged to the 2019 budget (meetings and seminars). ✓Vote Record-Resolution RES-2019-374 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dm¢io Jr Mover Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-375 CATEGORY. Contracts, Lease &Agreements DE PA R TAIE Al T. Town Attorney Residential Repair Program 2019-20 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Southold Town Regular Board Meeting April 23, 2019 page 22 Suffolk County Office for the Aging for community services for the Residential Repair Program for the Elderly for the period April 1, 2019 through March 31, 2020, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-37.5 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmtzto Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover D ❑ ❑ ❑ ❑ 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 2019-376 CATEGORY.• Authorize to Bid DEPARTMENT: Information Technology Re-Advertise for Upgrades to Firewall RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for the updating of its current Cisco Firepower Server, Firepower Management Center Suite of Applications, AMP for Network and Desktops and Cisco ASA Security Appliances, and be it further RESOLVED that the Town Clerk's office is hereby directed and authorized to re-bid same. ✓Vote Record-Resolution RES-2019-376 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dm¢io Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Welham P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ El ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ El ❑ No Action ❑ Lost Southold Town Regular Board Meeting April 23, 2019 page 23 2019-377 CATEGORY. Employment-FIFD DEPARTMENT. Accounting Appoint Employee Number 57702 Full Tune Freight Agent RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-061 of the Fishers Island Ferry District adopted April 18, 2019 that appoints Employee 457702 to the position of Full Time Freight Agent effective April 25, 2019 at a rate of$15.00 per hour. ✓Vote Record-Resolution RES-2019-377 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ -_, - _ - . James Dmizio Jr Voter 0 El ❑ ❑ ❑ Withdrawn ❑ 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 H.-wys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-378 CATEGORY': Close/Use Town Roads DEPARTMENT. Town Clerk Southold Village Merchants 4 Th ofJatly Parade at 12 Noon Financial Impact. Police Department cost for event =$1,316.53 RESOLVED that the Town Board of the Town of Southold hereby 11rants permission to Southold Village Merchants for their 22nd Annual 4th of July Parade in Southold, on Thursday, July 4, 2019, beginninjZ at 12:00 noon from Boisseau Avenue to Tuckers Lane along Route 25, provided they closely adhere to the Town's policy regarding Special Events. All fees associated with this event have been waived with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2019-378 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 121 0 ❑ 0 Southold Town Regular Board Meeting April 23, 2019 page 24 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-379 C4TEGORY• Contracts,Lease&Agreements DEPARTWENT. Trustees Cornell 2019 Shellfish Hatchery Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension in connection with the 2019 Southold Town Shellfish Program at Cedar Beach, in the amount of $20,000.00 for the term January 1, 2019 through December 31, 2019, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-379 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 ❑ El El ❑ No Action ❑ Lost 2019-380 CATEGORY. Ratify Fishers Island Reso. DEPARTMENT.• Town Clerk FIFD 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 15, 2019, as follows: Southold Town Regular Board Meeting April 23, 2019 page 25 FIFD resolution 4 Regarding 2019 ? 052 Budget Modification 2019 ? 053 Budget Modification 2019 ? 055 Conservancy Agreement ✓Vote Record-Resolution RES-2019-380 0 Adopted ❑ Adopted as Amended ❑ Defeated El Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmtzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ El ❑ 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 2019-381 CATEGORY: Special Events DEPARTME AT. Town Clerk Special Events Permit Osprey's Dominion 2019-17 RESOLVED that the Town Board of the Town of Southold hereby granted permission to Osprey's Dominion Vineyards to hold Special Event 2019-17 at Osprey's Dominion Vineyards, 44095 Main Road, Southold,New York as applied for in Application ODV 1 a for one (1) arts & Crafts Shows on July 20, 2019, from 11:00 am to 5:00 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-2019-381 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Ayc No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ 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 Southold Town Regular Board Meeting April 23, 2019 page 26 2019-382 CATEGORY: Budget Modification DEPARTMENT. Solid Waste Management District 2019 Budget Modification-SWMD Financial Impact: To provide funds for replacement of worn conveyor belts and screen sections. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.4.100.596 Maint/Supply CBI Grinder $4,500 SR 8160.4.400.667 Repairs-Trommel Screen 11000 Total $5,500 To: SR 8160.4.100.573 Maint/Supply Trommel Screen $5,500 Total $5,500 ✓Vote Record-Resolution RES-2019-382 ,El 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 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 El ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ID ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-383 CATEGORY: Refund DEPART,UEN7:• Town Clerk Refund Resident Parking Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$10.00 to the following for the purchase of a duplicate resident parking permit online: Southold Town Regular Board Meeting April 23, 2019 page 27 Howard Boville 1025 Peconic Bay Blvd, Laurel,NY 11948 ✓Vote Record-Resolution RES-2019-383 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ El ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-384 CATEGORY.• Contracts,Lease &Agreeirtents DEPARTMENT: Town Attorney Canon Lease-Rec Center RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Solutions America, Inc., in connection with the lease of a Canon IR-Advance 45251 I11 copy machine/scanner for use by the Recreation Center at a monthly cost of$127.00 for a period of forty-eight (48) months, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-384 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ 11 Withdrawn lames Dmizio Jr Mover 0 1i El ❑ 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 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting April 23, 2019 page 28 2019-385 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Juana C. Lopez PT Food Service Worker RESOLVED that the Town Board of the Town of Southold hereby appoints Juana C. Lopez to the position of Part Time Food Service Worker for the Human Resource Center, effective April 29, 2019, at a rate of$15.92 per hour, upon successful background completion. ✓Vote Record-Resolution RES-2019-385 0 Adopted ❑ Adopted as Amended ❑ Defeated - - Yes/Aye No/Nay Abstain Absent ❑ Tabled --- ❑ Withdrawn - James Dmtzio Jr Voter 0 ❑ ❑ 11 ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-386 CATEGORY.• Organizational DEPARTMENT. Highway Department Secretary to Highway Superintendent Secretary to Highway Superintendent Superintendent of Highways Vincent Orlando appoints Margaret Brock as Secretary for the Highway Superintendent for the term beginning on April 25, 2019, at an annual rate of $55,169.97, to serve at the pleasure of the Superintendent of Highways. ✓Vote Record-Resolution RES-2019-386 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizto Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Roland Mover D ❑ ❑ ❑ ❑ Tabled ❑ WithdrawnJill Doherty Voter 0 El 11 ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Regular Board Meeting April 23, 2019 page 29 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-387 CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Clerk PH 51214:31 Pm- Chapter 280 Cabana/Pool House RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23`d day of April, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Definitions" and be it further 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 21" day of May,2019 at 4:31p.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 Definitions" 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 Definitions" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to add the definition of a cabana/pool house within Chapter 280 of the Southold Town Code. II. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: § 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New Southold Town Regular Board Meeting April 23, 2019 page 30 International Dictionary of the English Language, unabridged (or latest edition). CABANA/POOL HOUSE - A one-story, ground level detached accessory structure or a ground level portion of an existing one-story accessory structure, located adjacent to and used in conjunction with an inground swimming pool. Cabana/Pool House design requirements: (a) A cabana/pool house or any portion of an accessory structure dedicated to such use shall not exceed 350 square feet of gross floor area. (b) A cabana/pool house shall not contain more than one room other than a bathroom. (c)A cabana/pool house shall not be heated, nor shall any pool house/cabana contain a kitchen or be designed, equipped or used for cookingor r sleeping purposes. A refrigerator no greater than 5 cubic feet in capacity is permitted. (d) Interior plumbing fixtures shall be limited to a sink plus one bathroom containing a toilet and sink. (e) Cabana/pool houses shall not contain indoor showers. Outdoor showers are permitted (fl All plumbing fixtures shall drain to a Suffolk County Health Department approved sanitary system in a conforming location. (g)Apermit for a cabana/pool house shall not be granted without the presence of an existing ingroundpool and/or the substantial completion of an inground swimming pool. 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-2019-387 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dm¢io Jr Voter 0 El ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting April 23, 2019 page 31 2019-388 CATEGORY. Home Rule Request DEPARTMENT. Town Clerk Home 5.2837&A.2750 Opposition WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.2837 and Assembly Bill A.2750 and WHEREAS, the bill would amend the labor law, in relation to "the farmworkers fair labor practices act"; and WHEREAS, this legislation will have a substantial negative effect on the Agricultural industry in the Town of Southold, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby expresses vehement opposition to the said legislation, and be it further RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby is opposed to the enactment of Senate Bill S.2837 and Assembly Bill A.2750 entitled"AN ACT to amend labor law, in-relation to "the farmworkers fair labor practices act". ✓Vote Record-Resolution RES-2019-388 0 Adopted ❑ Adopted as Amended ❑ Defeated - ---- - -- — -- - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Tames 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 Action ❑ Lost 2019-389 CATEGORY. Legal DEPARMENT. Town Attorney Opposition Letter to the Neiw York State Assembly Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign a letter in opposition to legislation pending in the New York State Assembly known as the "The Farmworkers Fair labor Practices Act." Southold Town Regular Board Meeting April 23, 2019 page 32 ✓Vote Record-Resolution RES-2019-389 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 ❑ j ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 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 2019-390 CATEGORY. Special Events DEPARTiVIENT: Town Attorney Special Events Permit Greenport Brewing Company 2019-18 RESOLVED that the Town Board of the Town of Southold hereby grants permission to The Greenport Brewing Company to hold Special Event 2019-18 at The Greenport Brewing Company, 42155 Main Road, Peconic,New York as applied for in Application GPB 1 a-b for their Annual Dog Dock Diving Event June 1 and 2, 2019, from 9:00 am to 5:00 pm,provided they adhere to all conditions on the application and permit, that parking is allowed only on non- preserved land where the development rights are intact and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-390 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty 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 0 Lost Southold Town Regular Board Meeting April 23, 2019 page 33 2019-391 CATEGORY.• Committee Appointment DEPARTMENT.• Town Clerk 2019 Committee Appointments RESOLVED that the Town Board of the Town of Southold hereby appoints the following members to the following committees, effective March 31, 2019: Architectural Review Board Ron McGreevy Helicopter Noise Steering Committee - 2 yr appt Lynn Summers Tracy Burgess Levy Police Advisory Committee Michael Regan Youth Bureau SRO Gregory Simmons ✓Vote Record-Resolution RES-2019-391 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Ngwys Appt Scott A Russell Voter 0 El ❑ ❑ No Action ❑ Lost 2019-392 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk 2019 Committee Re-Appointments RESOLVED that the Town Board of the Town of Southold hereby appoints the following members to the following committees, effective March 31, 2019: Southold Town Regular Board Meeting April 23, 2019 page 34 Anti-Bias Task Force Valerie Shelby Sonia Spar Susan Dingle LeRoy Heyliger Marjorie Day Architectural Review Board Elizabeth Thompson Board of Ethics William Grigonis Conservation Advisory Council James Abbott Fishers Island Harbor Committee Frank Bohlen Leslie Goss Peter Rugg Tom Patterson (3/31/23) Helicopter Noise Steering Committee- 4 year appt Teresa McCaskie Adam Irving Jim Underwood James D. Harmon Land Preservation Committee William Lee Dixon Harvey Eric Keil Sam Mccullough John Simicich Police Advisory Committee Joe Conway, Sr. Kevin Foote Shellfish Advisory Committee Michael Sande Linda Auriernma Jim Baker Michael Collins Joseph Hinton Southold Town Regular Board Meeting April 23, 2019 page 35 Karen Rivara Michael Slade Leonard Llewellyn, Jr. Trustees Liaisons - John Bredemeyer, Michael Domino Transportation Commission James Baker III James Kalin Nicholas Mazzaferro Tree Committee Philip Goldman Donald Grim Margaret Murphy Youth Bureau Cynthia Smith Karen McLaughlin Andrea Nydegger Jillian Ruroede ✓Vote Record-Resolution RES-2019-392 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 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ El ❑ Rescinded Robert Ghosio i Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-393 CATEGOR Y• Committee Appointment DEPARTMENT.• Town Clerk 2019 Cornmiltee Resignations RESOLVED that the Town Board of the Town of Southold hereby removes the following members from the following committees, effective March 31, 2019: Anti-Bias Task Force Southold Town Regular Board Meeting April 23, 2019 page 36 Christine McFall Nidya Palencia (Portillo) Shellfish Advisory Committee Raymond Huntington Arthur Kretschmer Jim Papadopoulos Dean J. Yaxa Youth Bureau William Brewer ✓Vote Record-Resolution RES-2019-393 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-394 CA TFGORY. Organizational DEPARTMENT. Town Clerk Authorization to Advertise for Executive Director for the Town of Southold Local Development Corp. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Executive Director for the Town of Southold Local Development Corporation. ✓Vote Record-Resolution RES-2019-394 0 Adopted --- ---- - - - - - - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Gliosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt 0 Supt Hgwys Appt Southold Town Regular Board Meeting April 23, 2019 page 37 ❑ 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 5:06 PM in order to hold public hearinl4s. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2019-395 CATEGOR Y.• Property Acquisition Purchase DEPAREVENT. Land Preservation Krupski Dev Rights Elect to Purchase/SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property purportedly owned by Eugene P. Krupski and Maryann Krupski on the 23rd day of April, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-100.-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; and WHEREAS, 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 564: 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; and WHEREAS, 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; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value; and Southold Town Regular Board Meeting April 23, 2019 page 38 WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Eugene P. Krupski and Maryann Krupski, identified as part of SCTM #1000-100.-2-3.2. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ✓Vote Record-Resolution RES-2019-395 ❑ Adopted ❑ Adopted as Amended ❑ Defeated yes/Aye No/Nay Abstain Absent 0 Tabled lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A Russell Voter 0 El El ❑ No Action ❑ Lost Next:5/7/19 7:00 PINI Southold Town Regular Board Meeting April 23, 2019 page 39 2019-396 CATEGOR Y.• Property Acquisition Purchase DEPARKIIIENT. Land Preservation KingTurner Conservation Easement Acquisition SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common, on the 23rd day of April, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses of 3365 and 5025 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and are situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 and Maple Lane; and WHEREAS, the proposed acquisition is for a Conservation Easement on the combined 93.14± total acres (subject to survey) 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 Conservation Easement acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowners; and WHEREAS, the Conservation Easement will be acquired using Community Preservation Funds. The price accepted by the landowners is $3,881,250 (three million eight hundred eighty-one two hundred fifty dollars) for the 93.14± acre Conservation Easement. The Town will pay for closing costs associated with the acquisition areas; and WHEREAS, the Town's purchase offer is below the fair market value of the Conservation 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 Conservation Easement constitutes a bargain sale; and WHEREAS, the Conservation Easement includes terms for a Right of First Refusal providing the Town the opportunity to purchase the Premises; and WHEREAS, the properties are 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 Conservation Easement will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town, by providing affordable recreational Southold Town Regular Board Meeting April 23, 2019 page 40 opportunities for the residents for the Town and others, and by prohibiting development for 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 Conservation Easement, the Premises may be used for agricultural purposes; and WHEREAS, the Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2-12 and SCTM #1000-35.-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 Conservation 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 Conservation Easement on said adjacent properties; and WHEREAS, the purchase of a Conservation Easement on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquire the Conservation Easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase a Conservation Easement on the subject properties for the purpose of providing public outdoor recreational enjoyment and opportunities within the Town, providing affordable recreational opportunities for the residents for the Town and others, and prohibiting development for the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational purpose may become unsustainable, and subject to Town Board approval and pursuant to the terms of the Conservation Easement, the Premises may be used for agricultural purposes; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and be it further Southold Town Regular Board Meeting April 23, 2019 page 41 RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a Conservation Easement on properties owned by William King and Robert Turner, as Tenants in Common, identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ✓Vote Record-Resolution RES-2019-396 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn lames Dmizio Jr Voter 0 El ❑ ❑ 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 LOnISa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 396 SUPERVISOR RUSSELL: I just wanted to make a quick comment, I want to thank Tim Caulfield and Melissa Spiro, all of the owners of the property. It's a jigsaw puzzle of ownership and it took a lot to bring them all together. I want to thank you for all your really hard work. 2019-397 CATEGORY: Property Acquisition Purchase DEPARTMENT. Land Preservation Island's End Golf Consef-valion Easement Acgzrisition SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc. on the 23`d day of April, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1 with addresses of 5243 and 4675 NYS Route 25, respectively, in Greenport. The properties are located in the R-80 Zoning District and are situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 and Maple Lane; and WHEREAS, the proposed acquisition is for a Conservation Easement on the combined 32.45± total acres (subject to survey) referenced as the Premises. The Town proposes to purchase the development rights on approximately 30.22± acres, referenced as the Protected Areas. The Southold Town Regular Board Meeting April 23, 2019 page 42 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 Conservation Easement acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowner; and WHEREAS, the Conservation Easement will be acquired using Community Preservation Funds. The price accepted by the landowner is $1,293,750 (one million two hundred ninety-three seven hundred fifty dollars) for the 32.45 acre Conservation Easement. The Town will pay for closing costs associated with the acquisitions areas; and WHEREAS, the Town's purchase offer is below the fair market value of the Conservation 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 Conservation Easement constitutes a bargain sale; and WHEREAS, the Conservation Easement includes terms for a Right of First Refusal providing the Town the opportunity to purchase the Premises; and WHEREAS, the properties are 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 Conservation 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 for the Town and others, and by prohibiting development for 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 Conservation Easement, the Premises may be used for agricultural purposes; and WHEREAS, the Premises together with the adjacent two parcels currently identified as SCTM #1000-35.-2-1 and SCTM 41000-35.-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 Conservation 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 Conservation Easement on said adjacent properties; and WHEREAS, the purchase of a Conservation Easement on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and Southold Town Regular Board Meeting April 23, 2019 page 43 WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquire the Conservation Easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase a Conservation Easement on the subject properties for the purpose of providing public outdoor recreational enjoyment and opportunities within the Town, providing affordable recreational opportunities for the residents for the Town and others, and prohibiting development for the Protected Areas for any other purpose but recreational use. The Town recognizes that the public recreational purpose may become unsustainable, and subject to Town Board approval and pursuant to the terms of the Conservation Easement, the Premises may be used for agricultural purposes; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency-pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a Conservation Easement on properties owned by Island's End Golf and Country Club, Inc., identified as part of SCTM #1000-35.-2-12 and part of SCTM #1000-35.-2-17.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ✓Vote Record-Resolution RES-2019-397 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ James Dmizio Jr Voter Q ❑ ❑ El❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Dohertv Voter 0 ❑ El ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter R1 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting April 23, 2019 page 44 2019-398 CATEGORY. Authorize to Bid DEPARTMENT. Town Clerk Reject All Bids and Rebid Grinder RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for the Wood Waste Grinder and be it further RESOLVED the Town Clerk's office is hereby authorized and directed to re-advertise for same. ✓Vote Record-Resolution RES-2019-398 171 Adopted ❑ Adopted as Amended ❑ Defeated y Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _..__. ❑ Withdrawn James Dmizio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt fill Doherty Seconder D ❑ ❑ ❑ Robert Ghosio Voter D ❑ ❑ El❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter 17 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings 1. PH 4/23/19 4:30 Pm - Krupski Dev Rights Easement Acquisition History: 04/23/19 Town Board ADJOURNED Next: 05/07/19 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday, 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 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. ' C Southold Town Regular Board Meeting April 23, 2019 page 45 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. I do have a notarized affidavit that this hearing has been noticed on the town website and the Town Clerk's bulletin board. And I have a copy of the legal notice as well from the Suffolk Times and that's it. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019, at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearine 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. Southold Town Regular Board Meeting April 23, 2019 page 46 I do have a notarized affidavit that this hearing has been noticed on the town website and the Town Clerk's bulletin board. And I have a copy of the legal notice as well from the Suffolk Times and that's it. RESULT: ADJOURNED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Who would like to address the Town Board? Melissa Spiro, Land Pres. Coord. MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noted, this hearing is for the town purchase of a 47 acre development rights easement on Oregon Road using community preservation funds. I would like to thank Eugene and Maryann Krupski for giving the town the opportunity to work with them again, to preserve another farm. I was here the summer of 2017 regarding another 25 acre farm that they had where they sold the development rights to the town. So they are actually repeat preservers, which in this case is a good thing. This project preserves 47 acres of productive farmland, the farm contains over 95% prime soils and as you can Isee on the map in front, the preservation of this farm expands an existing block of preserved farms westward. Although not labeled as such on the map in front, the property to the east is in contract with the town to buy the development rights. All the other properties on the, further to the,east and.on the south side labeled in white are preserved either by the town or the county preservation program. Within a mile,radius of this farm, there are over 600 acres of preserved farmland. The Krupski farm is well above the average farming size in Southold Town, since the start of the town's farmland preservation program in the 1980's the town program alone without county acquisitions has preserved about 130 projects totaling over 2,700 acres. Of these 130 farms, only 10 involve preservation of over 40 acres. So preservation of the Krupski farm is within the top 10 regard to size of acreage. The Land Preservation Committee supports this project, I support'this project and we all recommend that the town proceeds with acquiring the development rights on this property. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? - Albert J. Krupski, Cutchogue ALBERT KRUPSKI: Albert Krupski, Cutchogue. I am distantly related to the landowners here, unfortunately not financially in any way, let's just make that clear for the record. I just want to offer my support for this project. I did not come here this evening for this, however, you can see from the map the commitment the county has made and the town has made in preserving this really important Oregon Road farm belt and I just really want to thank Supervisor Russell and the Southold Town Board and Melissa Spiro and the Land Preservation Committee for their continued efforts here and to urge you to support this. Supervisor Russell Southold Town Regular Board Meeting April 23, 2019 page 47' SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? (No response) 2. PH 4/23/19 4:30 Pm - Island's End Golf-King-Trust Conservation Easement COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN 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 hearinIz 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. The Premises together with the adjacent two parcels currently identified as'SCTM #1600-35.-2- 12 and SCTM#1000-35.-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. Southold Town Regular Board Meeting April 23, 2019 page 48 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. NOTICE IS HEREBY GIVEN 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. 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. Southold Town Regular Board Meeting April 23, 2019 page 49 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. What I am going to do is, I am going to open the two hearings at the same time because they are basically the same, they are all part of a larger parcel that we are preserving tonight, and one depends on the other, of course. I do have affidavit that this has been posted and noticed on the town website and the Town Clerk's bulletin board. I have a copy of the advertisement as well and the same for the other one. I have a letter here that I will read into the record. `Dear Supervisor Russell and Town Board members, I am writing this letter on behalf of my client, Robert Turner, with reference to the above matter which will be heard at tomorrow's meeting. I am unable to attend the meeting as I am out of town. We look forward to concluding this matter with the town to ensure that a community golf course remains available in the town for the residents and visitors to continue to enjoy the scenic,beauty of this property and to engage in healthy recreational activities. Thank you, William.Moore' and that's all I have. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 3. PH 4/23/19 4:30 Pm - King Trust-Island's End Golf Conservation Easement Public Hearing held in conjunction with Island's End Golf- King Trust RESULT: CLOSED [UNANIMOUS] MOVER: ' Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board to please feel free? Melissa Spiro, Land Pres. Coord. MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. First I would like to explain the map up front a little bit for those of you who didn't see it. The red outline each of the four individual properties, the white bubbles point to the development areas that we excluded from our purchase of our development rights but still covered by the conservation easement and the pink really just represents the rest of the property. So it's just detail, these are public hearings to Southold Town Regular Board Meeting April 23, 2019 page 50 preserve the Islands End golf course for purposes of public recreation. The town is using community preservation funds to acquire these, which will cover the entire 125 or so acres and will prohibit development on about 116 acres. I would like to thank the landowners, especially Bob Turner and Will King for giving the town the opportunity to acquire the development rights on the property. Thanks also go out to the county land trust for working with both the landowners and the town to help facilitate this project. Of course, thanks to the Town Board members and the Land Preservation Committee for their continued support and work to get to this point in the project. I also would like to thank all the people of the Town of Southold who voted for the Community Preservation fund over the years because this fund certainly has given us the funding and opportunity to proceed with this important project.' Atypical projects like this one are always a bit more difficult to approach, it's taken a lot of perseverance and-hard work on all parts to get to this point. The primary purpose of the acquisition is to preserve the existing use, a public golf course, we all know as Islands End Golf and Country Club. The golf course has been an important asset to the community since the early 60's from what I understand, and the Town Board's purpose of this acquisition is to allow for the continuation of this very important recreational opportunity. The property is also very special because it includes I believe it's 800 feet maybe more, undeveloped shoreline and the project preserves right up to the shoreline. From purely an acreage standpoint, preservation of 125 acres is a really big deal in Southold Town. This is one of the largest size acreage projects that the town has preserved. I don't golf but I am aware of how important it is to have this recreational opportunity in our town as I continually come across and in contact with neighbors, community members and friends, even a few family members who all seem to enjoy the opportunity that they have to golf at Islands End, right in our community. As I noted, the Land Preservation Committee has from the start supported this acquisition and is recommending that the Town Board proceed with the purchase of the development rights-on these properties. I am here to answer any questions, I know this is complicated, I will give it my best. Catherine Chaudhuri,President of Island's End Golf Course CATHERINE CHAUDHURI: I am Catherine Chaudhuri, I am president of the Board of Directors at Islands End. I would like to echo everything that Melissa just said but I don't want' to sound redundant. But I would also like to thank Supervisor Russell, the Town Board, Melissa Spiro for all of her work that she's done. Certainly all of the Peconic Land Trust people, Mark Levine who has helped us a great deal. The club has been opened since 1961 and open to the public but I want to thank you very much. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Bob Syron, CEO President,Peconic Landing BOB SYRON: Good afternoon, my name is Bob Syron, I reside in East Marion and I am also the present CEO of Peconic Landing which borders the golf course. I have been with Peconic Landing 15 years and during those 15 years I have played the golf course many times, not well but I keep trying to get better. I am sure you are aware that the views for Peconic Landing marketability are very important and we have roughly 30 cottages on that side so it's extremely important for us to have (inaudible) to have those units in place, but more importantly, I live in East Marion right around the corner, if you use the golf course it becomes something very Southold Town Regular Board Meeting April 23, 2019 - page 51 important to you, it becomes part of your life. I have grown up on that golf course, actually my boys have grown up on that golf course, we have played there quite often. My son is coming home from school very soon, we're going to get out there and play. The camaraderie, the kinship and everything that it brings. When you go over to the clubhouse, it's quite remarkable. I commend the town for making this happen because it's extremely important to us all. One last thing I will say, many of the folks here I have seen on the golf course, it's just a pleasant way to spend your day, so if you are not a golfer and I am not, get out there and play. It's just fun. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular hearing? Holly Sanford representing Peconic Land Trust HOLLY SANFORD: Good afternoon, I am Holly Sanford, a resident of Southold Town. I am here on behalf of Peconic Land Trust, to voice our strong support for this acquisition. Peconic Land Trust has had the good fortune to work with Islands End Golf Course and Country Club and the King Trust on this important conservation plan for 126 acres, where the course has been located since the early 1960's. For over half a century, the land has provided a wonderful recreational and job creating resource for residents and visitors to the North Fork. The conservation of this land, including all of the acreage along Long Island Sound and mature wildlife habitat that is established within the fairways will be a wonderful conservation outcome for all of us. The Peconic Land Trust wants to thank the King Trust and the Board at the Island's End Golf and Country Club as well as all their advisors for involving us in this significant planning and conservation initiative. We would like to thank all of the owners for agreeing to a bargain sale which represents a substantial gift on their part. We also want to thank the Southold Town Board, Planning Department and Land Preservation Department for their work on this conservation opportunity. Particularly Councilman Bob Ghosio for his work with the Land Preservation Committee, of course, Melissa Spiro who is always available to help resolve matters and move these projects along. And Supervisor Russell and the entire Board for their patience and commitment to the conservation of this community asset. The Peconic Land Trust looks forward to seeing this future, where these 126 acres remain as a vital public resource for future generations. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Albert J. Krupski, Cutchogue ALBERT KRUPSKI: Albert Krupski, Cutchogue. I would just like to thank Supervisor Russell, the Southold Town Board, Melissa Spiro, the Land Preservation Committee and everybody at Peconic Land Trust that has worked on this. This is a really unique opportunity. I sit on the Suffolk County Sewer Agency and we routinely approve sewer hookups for high density developments on golf courses in other towns, so I think Southold Town is really going in the right direction here, to,echo what Bob Syron said from Peconic Landing, this is an opportunity for families to go out and just enjoy what we have out here, enjoy the game of golf. You don't have to be a great golfer. This is the place I played with my grandfather and my father and my son and those sort of generational opportunities are really important to have here. It's a, so thank you for crafting this opportunity and I can only urge you to make it happen. Thank you. Southold Town Regular Board Meeting April 23, 2019 _ page 52- SUPERVISOR RUSSELL: Thank you.' Who else would like to address the Town Board on this particular local law? Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: I do have something to say, I just wanted to go back a little bit. When the Peconic Land Trust came to me originally as liaison to the Land Preservation Committee and they brought this to me, we thought we were going to have a pretty long, arduous journey to get this done and I will tell you that when I brought it to the Town Board, we did look for all kinds of other opportunities that may help us in funding this. it is a very large project and a substantial sum of money but the Town Board, for this I just want to thank the rest of the Board, they saw the need to commit to this and even though we couldn't get funding from the state or other municipal source, we did work with the PLT.and I did meet the owners and some of the members of the golf course and'we were able to, together, along with all the other folks involved, Melissa and the Board and the Committee and made this happen. And frankly, this happened in about three years? Which was certainly, honestly, less than I thought it would take. And for that I want to commend everybody who was involved, I know,it seems like we are patting ourselves on the back but the Town Board and the other folks to my left were very supportive in our efforts to do this and were committed to the preservation of this property for a number of reasons. But I think most importantly, this gives us a very large parcel on the Sound with one of.the most beautiful and signature holes in all of New York State to play golf and in the event that down the road, be it 100 years from now that we can't have a golf course there anymore, at least this area is preserved and it is preserved for recreation and/or agriculture. And this is huge and I thank you and I thank the folks in town who have supported it and in fact, who fund the CPF. That's all I have. Thank you. SUPERVISOR RUSSELL: Thank you. I would like to say that Melissa referenced 800 feet of shoreline along Long Island Sound, I am going to be perfectly candid. I am not as interested in preservation as that I have about $2,000 worth of golf balls over that and I want my golf balls back. Would anyone.else like to comment? UNIDENTIFIED: I am a lefty (inaudible). SUPERVISOR RUSSELL: So am I. That didn't help. UNIDENTIFIED: And Scott, I don't think I will be nagging you anymore. I think I may go back to playing golf. Inaudible. And I love to see that one hole. SUPERVISOR RUSSELL: That's the 16'x', right? UNIDENTIFIED: The idea of playing in a preserved property is just so terrific. COUNCILMAN GHOSIO: When you hit the green from that tee it's pretty exciting. Of course it only happens when the wind is blowing 40 miles an hour off the shore. Kevin Webster, East Marion Southold Town Regular Board Meeting April 23, 2019 page 53 KEVIN WEBSTER: I might as well jump in. Kevin Webster from East Marion. My family has been playing there since the early 60's and I started playing there about 40 years ago and speaking of great pictures, I have a great picture of the 16th hole in my office up on the wall, my grandfather got a hole in one there in 1972 and at that time they gave away the head of a golf club, so he got a hole in one on number three and they gave you the head of a golf club with the name on it,and it's engraved and I have it in my office down at,the Assessor's office. I have another great picture of my grandmother, my father, myself and my son. We all played there with four generations, again, I commend everybody. Again, I think this is a great thing to preserve this and I look forward to playing there in the future. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Kevin. Who else would-like to address the Town Board on this hearing? (No response) Closing Comments ' Supervisor Russell SUPERVISOR RUSSELL: That completes the agenda, would anybody like to address the Town Board on any issue? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I have a kind of curiosity that came up here tonight. I fully support anything to do with land preservation but what assurance to the future that'those lands stay open? I mean, part of what they are is the view shed and well, Bob mentioned, 100 years they decide not to be a golf course anymore, what keeps it from becoming a forest and do we want a forest? Or do we care? SUPERVISOR RUSSELL: The, I think the intent, obviously, I mean that was a lot of the negotiating and decision making... MR. DUNN: And I don't want to reflect on any particular property. I am talking in general all the properties. SUPERVISOR RUSSELL: It provides for uses if it ceases to be a golf course, provides for recreational uses and d host of other uses. But again, we had an opportunity to acquire the only public golf course on the North Fork. I am not counting CR 105 as the North Fork. And it was an opportunity, everybody came together and we seized it. MR. DUNN: I get it. It's fine but and I don't want, I am not just asking a question about the golf - course, I am asking about even the open farmland that's been purchased. There was a discussion from the Ag Committee about well, a farmers going to be able to farm here but given what the costs are going to be, what happens to these properties if people stop farming? Can they just go to woods? Is there any condition, have we made any thoughts? Do we care? Southold Town Regular Board Meeting April 23, 2019 page 54 SUPERVISOR RUSSELL: Well, I will let others address but from my own perspective, farmland can go fallow and yes, it can go unfarmed. I think there was a bit of a contentious situation years ago. MR. DUNN: So do we put any conditions on it, or should we? or should we have budget or should we be anticipating that or should we just let it happen and say, oh well, all the open skies are gone. COUNCILMAN GHOSIO: Well, from my perspective, I think that what we are doing is we are purchasing the development rights to number one, keep it as farmland or open space or recreational space depending on what property we are doing and what code we are using. If it was to go fallow, I think the thought process behind that is it's better than the (inaudible) and having you know... MR. DUNN: That would be true and that's a point of contention, do you want to go with that or do we want to start talking about what if? SUPERVISOR RUSSELL: The problem is, what if, if we start talking about anticipated issues down the road and we try to reflect that in easements or any other part of the discussion, we're not going to have much of a PDR program because you are asking the farmer to commit land use, 50, 60, 70 or 80 years in the future and they simply can't do that. That was tried in one incidence and it does not work. I think any discussion like that, would basically kill a lot of the preservation programs. MR. DUNN: You have answered my questions. COUNCILMAN RULAND: I would like to comment from a different perspective. we don't have the map there that shows the golf course but this would hold true for the golf course as well as the farm parcel where the development rights are being considered in that, I am going to use the golf course as an example of 100 plus acres of watershed, that you cannot, none of us can really understand the impact that 100 acres, beach acres of water, water that is, calculators don't go that high and when you look at, as far as I am concerned with the golf course, you are looking at the type of recreation that's passive. Pretty much passive, alright? And given the generally accepted agricultural practices that are in use today on golf courses, both from the ecological point of view and the economies of scale, the amount of nitrogen leaching is becoming less and less but the amount of water infiltration remains the same or it can go higher and I think when you look at, again, I will use the golf course and that's,really the sign of the park going to Orient, alright. When you are talking about how can we recharge rainwater both today and tomorrow because that peninsula is under pressure today. I think that to Bob's.comment and to Scott's comment that what do we do today, I believe for me is in the best interest of what I can see for today and tomorrow. I can't see 80 years down the road. The same would hold true with a farm parcel that the amount of water that you can recharge on 200 acres of, or to the acreage that Melissa talked about in the hundreds of acres, is something that you cannot discount. You just can't because you cannot recharge that type of rainfall water if it's covered'with homes. And this is how I feel, we are doing the best, for me, this is what I believe that we can do the best today. I Southold Town Regular Board Meeting April 23, 2019 page 55 think that will hold true for tomorrow but for your point and for Bob's point, tomorrow, tomorrow we are not sure but we know today we have accomplished two goals. Maintain passive recreation and also groundwater recharge, which is imperative. MR. DUNN: I mean I was just curious about how they question... COUNCILMAN RULAND: Yours'is a very fair question. COUNCILMAN DINIZIO: You can't say that it wasn't considered because we discussed the uses for that piece of property because it was so unique that when we purchased the land, initially we were purchasing it, it was either going to be farmland or it's just going to be preserved and this was an active use that was on there that we wanted to be preserved, so, (inaudible) I've been involved in this thing four years and quite honestly, I think that the reason why we are saving the land is that we don't have people (inaudible), it's really that simple. MR. DUNN: And that's valid. COUNCILMAN DINIZIO: Whether trees go on there or whether it's a golf course, it really doesn't make that much of a difference. MR. DUNN- That land wouldn't lend itself to farming, right? COUNCILMAN DINIZIO: Well, there was a farm at one time. MR. DUNN: And then of course, thank you. Pretty much answered my question. But the real reason I wanted to step up tonight was Goldsmiths. I know you have been getting a lot of,back and forth and I am sure some of you have seen some of it. I am not concerned as much as others are about the blockage, you know my thing is I look over here and I see the east beach disappearing,the dune. And when that goes, all that water creeps over there. It will turn Goldsmiths into a bay and subject to tidal and subject to the whole thing, so it's, the problems with the inlet itself I am hoping will be addressed by the Army Corps but the immediacy of it is the dune and you have seen pictures. In 24 hours, 1 00'yards of sand can disappear. So there is an immediacy. Once that is gone, (inaudible) Living there, I have gotten curious about flooding. Over the last few years I have made three trips to the Netherlands regarding how they handle it and trying to rebuild dunes for protection is monumental at best, so the thing is, if something isn't done now and you lose that dune I really don't think if there's arguments about whether it's the county or the state or whoever to come up with the funds, to just repair the inlet, try and rebuild that dune. SUPERVISOR RUSSELL: If the breach is, it will fundamentally change the ecosystem of the pond, that would be irreparable and that's a huge issue. I did discuss, Legislator Krupski, you know he is working very hard to get the resources,to get other legislators to listen but with the crippling nature of rebuilding that dune, fortifying it to an extent to the best he can, county land, so he's... Southold Town Regular Board Meeting April 23, 2019 page 56 MR. DUNN: I understand that. I understand that. But I mean we all should hear this, this is the real deal, it's going to be catastrophic when this happens. The truth is, what took the 100 yards of sand out the other night, the power of that is there for you to use to keep it in good condition. SUPERVISOR RUSSELL: Right. MR. DUNN: With a little bit of human work, with two days of backhoe work or a little bit of plow work and keeping that channel where it should be and maybe doing it twice a year, it doesn't have to be done all at once, it can be an ongoing thing to keep those dunes from being wrecked. SUPERVISOR RUSSELL: We actually have a pending application for emergency dredging now, our understanding was a bit stalled because I think George (inaudible) was out ill but we are trying to get an emergency permit. MR. DUNN: The critical point there is, it needs to be, it should be before Memorial Day. Once it comes and you have got the safety issue of kids running around or whatever. SUPERVISOR RUSSELL: I agree. MR. DUNN: And the last point, I hadn't planned on making, but I was, something is bothering me here for quite some time. That says the Town of Southold and the Town of Southold represents all of the people of Southold, I am really getting disturbed hearing people discussing things in terms of Democrats and Republicans. This morning there was some guys making, having a discussion about this farm situation. And one of them kept going yah the Democrats, yah the Democrats, yah the Democrats and I am not defending them because I have seen the Democrats in here attacking you, attacking all of you, because someone got arrested for vote fraud as if it were your fault and that was just the Democrats (inaudible). We don't need that here. We just don't need that here. Otherwise we end up with the asinine situation we have got in Washington. In this room, is non-partisan, as far as I am concerned. And it should be handled that way and we shouldn't discuss things in terms of Democrats and Republicans. If you are going to roll out an issue, I am sure your political values are going to come into your choice and that would be expected by the people that support you. But the bottom line is, there are discussions happening in here that shouldn't happen around partisan policy, it should happen around what's right for all the people of Southold. SUPERVISOR RUSSELL: I would agree. Just for clarity, it wasn't the Town Board that was discussing the issue of partisanship or politics, it was speakers who were here to address a specific issue. MR. DUNN: Oh, yeah, it was nobody, but I would just say, that should be corrected. When anybody gets up at this podium to discuss going on that stuff, whether that's a Democrat or a Republican, stop that. Stop them in their tracks. We are not doing it, we are not here for, partisan politics end up out the door. Southold Town Regular Board Meeting April 23, 2019 page 57 SUPERVISOR RUSSELL: I would agree 100 %. MR. DUNN: That's the way it should be. SUPERVISOR RUSSELL: One issue though, is that this is a free speech zone, too. So if someone from the public wants to address the Town Board, I can't shut them down but I agree, people should make a better effort to stay out of the partisan fray that's taking place in Washington. There's no place for that in Southold Town. MR. DUNN: Inaudible. SUPERVISOR RUSSELL: What's that? MR. DUNN: To shut anybody down on their point. SUPERVISOR RUSSELL: I know. MR. DUNN: I am just saying enough of the partisanship. Thank you. SUPERVISOR RUSSELL: The Washington model does not work in Southold, I agree 100 %, it doesn't belong here. MR. DUNN: No, no it definitely doesn't. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Mr. Krupski? Albert J. Krupski, Suffolk County Legislator ALBERT KRUPSKI: Albert Krupski, Cutchogue. So you did pass two resolutions in opposition to that New York State farm labor bill, I really appreciate that, I am sorry I couldn't make the work session today, I know you discussed it there. This is something I am trying to get more support from the county legislature although, we are hosting a meeting on Friday night in Hauppauge, we are not empowered to vote on this but having this resolution come from the town is very helpful. I am going to take that back to my colleagues in Hauppauge and try to get them to support a similar opposition to it and try to, because I think we all know what the impacts to agriculture are going to be and all the family farms, not only here in Southold but in New York State. So thank you for that. SUPERVISOR RUSSELL: Right. It's the premise or the pretense is to champion farm workers but the consequence will be to eliminate the work of farm workers and I don't think they have enough foresight to understand that. MR. KRUPSKI: Well, we try to educate them on that. So thank you. Supervisor Russell Southold Town Regular Board Meeting April 23, 2019 page 58 SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:46 P.M. "betheville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman APES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell