Loading...
HomeMy WebLinkAboutTB-05/21/2019 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK a�°�OS�FFO(�COGy PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�ipl �y°� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING May 21, 2019 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 21, 2019 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on May 21, 2019 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr : Town of Southold = Coun_cilmanPresent 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 ; S_uperv_ isor Present Elizabeth A.Neville Town of Southold Town Clerk Present William M Duffy . Town of Southold Town Attorney Present I. Reports 1. Planning Board Monthly Report 2. Recreation Department Monthly Report 3. Trustees Monthly Report 4. Town Clerk Monthly Report 5. Justice Court Reports 6. Building Department Monthly Report Southold Town Board Meeting May 21, 2019 page 2 II. Public Notices III. Communications IV. Discussion Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:01 AM for the purpose of discussing the following matters: Legal Advice RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 1. EXECUTIVE SESSION Legal Advice Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 9:27 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. OPEN SESSION 9:15 AM James Harmon 3. 9:30 AM Michael Collins and John Bredemeyer 4. 9:45 AM Michael Collins and Jamie Richter 5. 10:00 AM Michael Collins and Vincent Orlando 6. 10:15 AM Michael Collins, Jeff Standish and Karen McLaughlin 7. Request for "Little Free Libraries" at Cochran/Tasker Parks Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:40 AM for the purpose of discussing the following matters: Proposed Acquisition, Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Therof 11:OOAM Melissa Spiro, Land Coordinator Personnel - Collective Negotiations Southold Town Board Meeting May 21, 2019 page 3 Labor-Matters Involving Employment/Employment History of a Particular Person(S) 11:30-AM Kristie Hansen-Hightower, Accounting 11:45 AM Councilman Ruland 12:00 Vincent Orlando, Highway RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 8. Justice Evans 9. EXECUTIVE SESSION Proposed Acquisition, Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Therof 10. EXECUTIVE SESSION Personnel - Collective Negotiations 11. EXECUTIVE SESSION Labor- Matters Involving Employment/Employment History 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 2:00 PM. 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 2:OOPM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice 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. Southold Town Board Meeting May 21, 2019 page 4 RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Openinlz Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise for the Pledge. Thank you. I am going to ask anybody that would like to comment on any of the specific agenda items to please feel free? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. On 483, it says equipment bid, then it goes on to say heavy equipment with operator. Is that like a demand contract you are putting out there? COUNCILMAN RULAND: We are advertising for a service. And a machine. MR. DUNN: For potential (inaudible) and then on the Agricultural Processing bill, which I support but I went home and did some math to this and 1 1/2 percent works out to about 650 feet per acre. What would happen if you had 100 acres? That wouldn't allow you to build a 66,000 square foot (inaudible), would it? SUPERVISOR RUSSELL: Yes, it would. But how big would that property be? MR. DUNN: Say 100 acres. SUPERVISOR RUSSELL: 100 acres would allow just by virtue of its acreage would allow.... MR. DUNN: 66,000 square feet. SUPERVISOR RUSSELL: It's a little bit bigger than that, let me tell you why. Because as a matter of right, he could build an 800,000 square foot building. You can only build .015 of that, a fraction of that. You know what I am saying. You can build basically, that would be a 60,000 square foot building which would be a fraction of the 800,000 square foot building you can build. If you are talking about processing, it's only 1 1/2 percent of total lot size. A regular normal building yield on 100 acres would be 20 percent, so the .015 is significantly less. So, yes it sounds big in the context of 100 acres but it's a tiny, tiny fraction of what would be allowed to be built anyway. MR. DUNK: However, the impact of the 66,000 square foot spaghetti plant is a lot different than 66,000 foot or even 800,000 foot of farm buildings. SUPERVISOR RUSSELL: Perhaps but one of the things people have to keep in mind, when you are adding a use as of right, it's not where you can just go ahead and do it, you still have to go through the same review process which would be the building permit, the SC Department of Southold Town Board Meeting May 21, 2019 page 5 Health and all the other agencies that would be required to review based on sanitary standards, based on environmental impacts, don't forget... MR. DUNN: Okay, there's the answer. There's the answer. Because I am talking mainly (inaudible) and someone who's going to make spaghetti next to your house and the 66,000 square foot building, it wouldn't be a happy place. SUPERVISOR RUSSELL: They would be producing or creating spaghetti, not cooking spaghetti. MR. DUNN: Well, they would be cooking the sauce. SUPERVISOR RUSSELL: They would have to make the sauce but unless the spaghetti was one third what, don't forget, it ties to the production of the land. MR. DUNN: Nobodies cooking spaghetti (inaudible). SUPERVISOR RUSSELL: If they want spaghetti then they could cook it, I suppose. MR. DUNN: I am talking, I am mainly talking (inaudible). SUPERVISOR RUSSELL: I understand that but 100 acres provides more than a substantial buffer with regard to any impacts, any use on any property is going to present impacts, some lesser, some greater but when you look at such a restriction, which is the building size that does more than mitigate any impacts on surrounding properties. Also, don't forget if you are going to build a building that size, you bring the DEC into review because of the SPEDES permit requirement whenever you disturb over 1 acre of land and the 66,000 would be exceeding the 40,000. MR. DUNN: Okay. SUPERVISOR RUSSELL: Just like any building of that size. Okay? Anne Murray, East Marion ANNE MURRAY: I came in late, you are taking comment on the Ag Processing? SUPERVISOR RUSSELL: Yes, anything on the agenda. That counts. MS. MURRAY: Okay. I am very confused because when I was at the last meeting, I think you closed the hearing except for two weeks for public comment, correct? So when I looked online, it says that it was going to be in June. The meeting on June 3`d. if you look on the town website, so I think some people who were going to be here won't be here because they thought it was postponed until June. If you look on the town website right now, you will see it that way. It was there yesterday, it's very confusing. Southold Town Board Meeting May 21, 2019 page 6 SUPERVISOR RUSSELL: The intent was to close the public component and then only for written comment for two weeks. MS. MURRAY: Right. but if you look on the town website now, it says closed and it's going to be next on the town board agenda on June 3rd, I believe. So there may be people out there that thought they had more time to write comments. SUPERVISOR RUSSELL: I would agree. Let me, if that is in fact the way it appears on the website then I don't think it should be appropriate for the town to take action tonight. That's the reality. COUNCILWOMAN DOHERTY: It said two weeks for written comment. We were clear about that. CHRIS BAIZ: Very clear. MS. MURRAY: Right but just looking at the website and the agenda, it looks like... COUNCILWOMAN DOHERTY: Well, first of all, the meeting is June 0', not the 3rd MS. MURRAY: I can show you on my cellphone. I mean, I looked yesterday because somebody called me and I said, no, I think it's tomorrow and it says June. And I looked and there it was, so... COUNCILWOMAN DOHERTY: The town meeting is the blue thing on the information channel. All of the comments have been there... MS. MURRAY: Right, but if you just look at the website and not the video... COUNCILWOMAN DOHERTY: Saying two weeks for the vote. MS. MURRAY: Does anyone have a.... JUSTICE EVANS: Trying to find it. MR. BAIZ: Do you take channel 22 as precedent or do you take something that we can't find as precedent. SUPERVISOR RUSSELL: It presents a problem, I have to be candid, it presents a problem that we are sending mixed messages. MS. MURRAY: You've got two different public notices, so which is correct. I just thought I would point that out because I came tonight because I was confused (inaudible). MR. BAIZ: You have better find June 3rd, otherwise I will demand a vote tonight. Southold Town Board Meeting May 21, 2019 page 7 MS. MURRAY: It was on the main page under Town Board, click on agendas and minutes and then you go in there and you open up, it wasn't on there yesterday and then maybe it was put on this afternoon, I don't know but... KATHRYN SEPENOSKI: The paperwork that was outside this morning, I picked up at the work session had discussion about the vote that was going to happen tonight; in the paperwork that you can pick up right now to see that it is for the vote tonight. COUNCILWOMAN DOHERTY: Well, that's what I wanted to ask the Town Attorney. We said two weeks and we clearly said close it for public comment except for in writing for two weeks. this is two weeks and it doesn't say we don't have to tell people when we are actually voting on it, we just have to say when (inaudible), we can just, despite that typo, we can just vote on that tonight, correct? MS. MURRAY: Well, I just thought I would mention that if it was there yesterday and people called me that it said June, I said oh, that's weird. That's why I came tonight to find out if it's tonight or two weeks. COUNCILMAN GHOSIO: I am not seeing anything. If you click on it, it says nothing is available. MS. MURRAY: If you look on the minutes from the last meeting... COUNCILWOMAN DOHERTY: Oh, minutes from the last meeting. That's different. MS. MURRAY: It says till June 3`d I believe. COUNCILWOMAN DOHERTY: Can we just ask the Town Attorney's opinion on this and move forward? SUPERVISOR RUSSELL: Yes, I don't see that at all and I know the agenda was put out on Friday that indicated a vote would be taking place today. but I don't see... MS. SEPENOSKI: It has been advertised on LNG that it's going to happen tonight. SUPERVISOR RUSSELL: Well, that's like all discussions and all actions, the town's effort to reach the community as far and wide as possible. Excellent communication on our part. At any rate, I see nothing that says June 3`d. Everything here indicates...I think the notice was duly served, I think in every aspect. I do not see any reference to June 3`d anywhere on the website. I think we are on solid footing here as well. COUNCILWOMAN DOHERTY: I agree. Let's see if there's any other comment and then we can move forward. Southold Town Board Meeting May 21, 2019 page 8 SUPERVISOR RUSSELL: Yes. I would invite anybody else that would like to address any agenda item? Abra Morawiec, Feisty Acres Farm ABRA MORAWIEC: Abra Morawiec, good afternoon. I own Feisty Acres farm, over the North Road on Youngs Avenue. Despite the limited time, energy that we farmers have at this time of year, I really feel compelled to voice my support of the proposed amendments to Chapter 280 which concerns agricultural processing. I am going to make it really short because I need to go back and feed and water my birds and move some houses but we heard, we lease land and infrastructure from Peconic Land Trust (inaudible) for the future initiative and the ability to process agricultural products on the farm and the opportunities for success in regional markets of course not only makes sense to me, a poultry farmer, but it also make sense to all industries in farming-vegetable farms, orchards, wineries, fisheries, hops farms, grain producers, you get the idea. In order for farms to stay in business, we need to make money, alright? And in order to make money, we must possess the ability to adapt to the changing economic conditions of the markets in which we sell. Many trends are leading towards value added products and convenience products and the chance to have full control of our Long Island grown products will greatly increase the quality of what we have to offer to local, regional and perhaps national markets. In short, myself, Christopher Pinto of Feisty Acres, we support the proposed legislation and amendments to chapter 280 that would allow farms to process agricultural goods on site. It will help secure the livelihoods of small farms, beginning farmers like myself or established farms who need to change to meet the ever developing economic climates here on the North Fork, the northeast, here in the United States and also to provide a better quality of life for residents here because you guys will get to see rolling pastures, hops fields and growing vegetables instead of crowded housing and asphalt parking lots that would definitely spread out if farms go out of business here on the North Fork. Thank you. Kathryn Sepenoski, Sep's Farm, East Marion KATHRYN SEPENOSKI: Good afternoon, Kathryn Sepenoski, Sep's Farm. I spoke at the last meeting, I asked for your support and thanked you for the consideration and the time. I also thanked the Ag Committee for all of their years that it has brought this finally to the stage to be voted on. I was very disappointed because the last time I had hundreds of plants, live plants, arriving that I am supposed to plant tonight as we are prepping the ground for blackberries, raspberries, other fruit products that we need to process on the shoulder seasons for the added benefit of revenue we need. We will be tying this land up for 10 years to be able to raise these crops, you have to be able to capitalize on that investment not only, our land but the land that people are living off of and enjoying a product that's locally grown, not brought in from somewhere else. I was so upset after the last meeting and the stark reality, somebody talked about chicken little and the sky is falling and I was quite upset about the hysteria that was, I think, always leveled at the farmer because we are the ones that you see, because our vistas are open and the water quality. We protect as much as we can because we are also living and eating off the same land as the community that we are providing the product to. The stark reality that I could picture was on one side of the page was a black and white image, you have a female farmer and a male farmer. They are holding hands. In their other hands is a jar of pickles and a Southold Town Board Meeting May 21, 2019 page 9 jar of jam and they are looking out at their field and unfortunately, it says for sale. And on the other side of the page and unfortunately, sitting in the middle of that is Mr. Russell because he is sitting at the middle of that head of what would be the legacy that we are protecting for this town. On the other side of the page are the homes that are pushing forward. there are people standing there on that street front and they are looking up, and it's not because it's helicopter noise they are complaining about, it's they are looking for the food that they drop in because they clicked on Amazon and their food is now being dropped in like a refugee on an island to get their food or it's being dropped by a drone that's bringing them food. These are realities that are happening in other p laces on this planet. We are blessed to have what we have here in this community and to be able to support a farmer and not over dramatize what I am going to do to make jam and pickles for god's sake, on restricted amounts that the town is already setting in place and that there are other levels in the town, besides the state, that could determine what we do. I am urging you to pass this and actually vote on this. Because I was here, I heard two weeks. I know it was posted and as I drove to my fulltime job which I do in order to support keeping the farm active, as well as my husband working a fulltime job off site of the farm, LNG said tonight at 4:31 there was going to be the vote on agricultural use. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any agenda item? Chris Baiz,Southold,Member Agric Adv Comm CHRIS BAIZ: Good afternoon, Chris Baiz, Southold, member of the Agricultural Advisory Committee. I have no objection to any of the resolutions on the agenda this afternoon, in fact, I would like to address item 494, some comments or thoughts from all the comments that have transpired in the interim. There have been claims of lack of transparency and you know, the seminal language of all of this came into being at former Town Attorney Martin Finnegan's hand back in December of 2014. The Ag Advisory Committee has worked twice a month, usually 10 or 11 months and one Wednesday night on one or two months a year because of our farm work that can't allow us to meet. So I am not sure how long it takes for transparency to be evident. I'm not sure that transparency if it hasn't been evident in 4 '/2 years, it will never be evident. However, transparency is in the eye of the beholder and that is, if you don't show up, you are not going to get transparency. If you show up you are going to get transparency, you will see what's going on. Some of the issues of transparency carne from people who have shown up but some of our very late deep in the winter Wednesday night Ag Advisory and then they still call it not transparent. So let's just put that aside. I think time in and of itself demonstrates that this wasn't thrown together overnight and brought before the town in a 48 hour smoke filled back room. Other issues, we, the lot coverage seems to be an issue and I would like remind all, if you don't have a 1 '/z percent lot coverage of an agricultural building that allows value added to keep that land open, you will definitely have 20 percent coverage in the form of houses. Someone at the previous meeting demonstrated an example of 17 acres and that would be a 10,680 square foot building or whatever and that same 17 acres could be divided into eight 80,000 lots of which every 80,000 square foot lot could be covered to 16,000 square feet of building and you know the rest, so in effect whether it's 1 '/2 percent, 10,680 square foot building or in the 100 acre example 66,000 square feet. 66,000 square feet saves you from 800,000 square feet of housing development and all the additional tax costs to the community that go with it. More importantly than all this back talk is that this is a very important piece of legislation for the town. The Southold Town Board Meeting May 21, 2019 page 10 agricultural industry is really, when you get right down to it, it is the largest private sector industry in the town. You have got schools, you have got government, you have got health but all of those require other sources of revenue in order to support them. In agriculture, what supports you is the product that is grown by the farmers. What we have here in the Town of Southold that differentiates us from the soybean fields in southern Illinois is that we have very small farms, we have very diverse products from those farms. They are all specialty driven so that they can, a 20 acre farm here can make as much money as a 1,000 acre soybean farm in southern Illinois which is about what it takes to be comparable and to survive. So, the key is that with this proposed legislation we are lifting the technical demands of the operators. They are going to be food processors, they are going to have to get certified or licensed, they will have many different regulatory models or codes that they will have to follow if they want to do anything more than sell their product just locally and into a larger regional or national market and in so doing, those people are going to have to be better qualified which means there will be better pay for those jobs. And very much like the wineries. The difference between a winery and a potato field is that you have a tractor driver who is usually younger in the potato field and you have two or three guys on the back planting seed potatoes, you drag the planter through the field. Whereas with the vineyard and the winery, you need a vineyard manager who oversees how many of the acres, whether its 20 acres or 80 acres and the staff that goes with it from 4 to 10 to 20 people. You then have the wine maker that's the critical person, just like the food processor in these new food processing areas that we will create, he is going to have to be like the wine maker in the whatever plant, whether it's a potato chip plant, pasta plant or you name it, whatever the young people of today can think of. and that takes me to my last point, that by passing this, we are demonstrating to our children and our grandchildren, there will be a future in agriculture for them and they don't have to go off to the city or leave town in order to find decent employment in which they can make a living and support their families for the rest of their days. So I do urge passage this evening and thanks so much for listening to my short tome here. Douglas Cooper, Mattituck DOUGLAS COOPER: I will be short. Thank you for listening to us ladies and gentlemen. This ag processing consideration is another tool in the box that's important for agriculture to exist and be profitable in the future. The concerns about giant buildings on land, it's just farfetched, it's (inaudible) in my opinion. We are talking about 3,000 square feet out of right. Anything over that is going to have to go to (inaudible) and everyone else but it's an important tool to help us lead the future and help us stay in business. Thank you. Kathryn Sepenoski MS. SEPENOSKI: May I ask if there were any written comments sent since the two weeks have elapsed? SUPERVISOR RUSSELL: We had, not directly to the Town Board. I know someone had taken a very public position which isn't part of our record but they had already raised their objections two weeks ago. MS. SEPENOSKI: And they were given two weeks. Southold Town Board Meeting May 21, 2019 page 11 SUPERVISOR RUSSELL: Yes. MS. SEPENOSKI: And the people that were here were representing for large homeowners associations and if they wanted to comment on their own, individually, they had the two weeks to do that. And there have been, you have received nothing? COUNCILWOMAN DOHERTY: Correct. MS. SEPENOSKI: Okay. Robert Dunn MR. DUNN: I am going to kind of respond to some of the comments that were made. I hope this thing passes, I think that the Ag Committee has worked hard on it. I am aware of(inaudible) and certainly there was daylight 100 percent on this from day one to day now but this thing with comparing as of right, using the 100 acre figure, what you could build on. You could build a lot of homes, yeah, but none of them would be an industrial plant and if you were talking about a 100 acre farm, putting a 66,000 square foot processing building on that becomes an industrial plant, no longer a farm. I still want to see it pass but I really think that in the background we need to think of some kind of limits because there are people that live next to these farms now and should they be faced with living next to a 66,000 square foot industrial building and that's what it will be. So in terms, a farm meets the threshold at seven acres, correct? SUPERVISOR RUSSELL: Bona fide ag operation, seven acres.... MR. DUNN: Okay, so seven acres would be 42,000 square feet, perfect, no problem, encourage it, applaud it, it will be good for the community. But I am frightened that who's going to be Vineyard 48 in the processing business. Are we going to worry five years from now when Ronzoni or Buitoni or some other person decides to slither through a crack here and build something that none of us want, including the farmers. So pass it, but let's keep our eyes open to the reality of what people will do if they are given the opportunity to. Nobody expected Vineyard 48 when they passed vineyards law. But we got it and it stayed with us and I could play the drama card and talk about the four girls all of that stuff that went on but a lot of nasty stuff went on and before you were able to get rid of it and look what it took you to get rid of it. So just keep that in mind when you, when we are talking about a blanket 1 1/2 percent. When you get to the really large properties. Thank you. COUNCILWOMAN DOHERTY: My personal opinion, when I do a code, it's really hard to look at the future and I try to keep an open mind.... MR. DUNN: If we don't look at the future, we live in the past... COUNCILWOMAN DOHERTY: Exactly. MR. DUNN: End of story. You have to look at the future. Southold Town Board Meeting May 21, 2019 page 12 COUNCILWOMAN DOHERTY: And that's why it's difficult and we take our time making these codes. This Board has worked very hard with the Ag Committee and we have talked about all different scenarios. And this Board, I think I can speak for, is dedicated to our future and to keep our eyes wide open of what is happening and try to stay ahead of it and that is why this Board is working so hard in not just the farming aspect but other aspects and we are constantly coming across what if this happens, what if that happens? So I appreciate your comments and I take them to heart. MR. DUNN: Thank you. SUPERVISOR RUSSELL: Who else would like to address the agenda items? Chris? Chris Baiz MR. BAIZ: I would just like to add to some of the discussion here. First of all, the present legislation has proposed limits the sourcing of material for the farmer who has the on farm processing to at least 66 percent of his own production that goes through the plant. he may source up to 34 percent from other sources. So I don't think Mr. Ronzoni or Mr. Heinz or Mr. Kraft are first of all come running and then try to grow themselves to put through their plant. Secondly, I don't think any of those mega processers want to deal with $100,000 an acre agricultural land. And this is for this community in order to retain its agricultural lands by generating enough added value revenue at the local level, so that the people who are living and working on these lands have the ability to have a life rather than what my wife and daughter went through during the months of March and April, knowing that there was more month after the money ran out each of those months. And they wonder why I don't get upset, because I always know there's the new day dawning out there. So that's important to remember, we have very expensive farmlands we operate on. Mr. Ronzoni, Mr. Kraft, Mr. Hunt, they are going to the $5,000 an acre farmland if they go to farmland at all, rather than just buy from other farmers. Thank you. SUPERVISOR RUSSELL: For one thing, I was just saying we ended up having a discussion about what is essentially only one agenda item, the one thing is, Robert, I agree there might be some imposters that come along, they have in the past. I think there are probably a few still out there that aren't necessarily committed to farming. We've seen that with the example you outline. The problem is that to basically handcuff an entire industry because of those few, it becomes very difficult. What happens is, you get stagnant in an industry. Possibly at the expense of the industry. I would say that there are provisions in here that are enforceable provisions. Robert Dunn MR. DUNN: Okay, I've gotten up here two times, this is the third time. I am 100 percent; I want to see this bill passed tonight, I really do. I think they waited too long and I think they have been very patient but I just, like I found out in the past like with other legislation, I don't want to see cracks where a snake could slither through. And that's what we had with Vineyard 48. I don't expect it's going to happen from either Mr. Cooper or Mr. Baiz but there are bad players out there. What happens when marijuana gets legalized? Are the neighbors going to like being Southold Town Board Meeting May 21, 2019 page 13 next door to a 66,000 square foot marijuana processor? I am just saying think about it, it can be amended later. Are we going to, that stuff stinks, too. I mean, if it's legal, it's legal. They've got a right but it stinks. Do you want to live next to that? And it stinks from afar, too. I live near a parking lot. So what I am saying is let's caulk the cracks before we have a problem. SUPERVISOR RUSSELL: Yes, and I am just saying I agree with everything you said but lessons learned from earlier legislation that allowed for Vineyard 48 (inaudible) worked hard to seal those cracks with an understanding no law is perfect but I think we have done the best we could to try to seal those cracks without making a law so restrictive. I am just letting you know I am in agreement. With regard to the marijuana, if I was them, I would be opting for the 80,000 square feet of coverage. That's some serious money you are talking about but that's not a declared agricultural product yet, so I don't think you will see it on a farm, it wouldn't be permitted. Would anybody like to comment on maybe any of the other agenda item? Town Attorney William Duffy TOWN ATTORNEY DUFFY: Before you move to the resolutions, I recommend that the Board move to Executive Session so I can give some legal advice regarding issues that were raised with the dates. Supervisor Russell SUPERVISOR RUSSELL: We will be back, we had a question that was raised and they deserve an answer. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 5:05PM for the purpose of discussing the following matters: Legal Advice RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Legal Advice Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit from this Executive Session and Reconvene the Regular Town Board Meeting at 5:08PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Supervisor Russell Southold Town Board Meeting May 21, 2019 page 14 SUPERVISOR RUSSELL: Let me complete the public comment on any of the other agenda items and then the counsel to the Town Board is going to make a statement that essentially is directing us based on his advice. Would anybody like to comment on any of the other agenda items? Town Attorney William Duffy TOWN ATTORNEY DUFFY: I do see where there is conflict in our minutes records. In the minutes it does say that the resolution is tabled until 6/4 and then the public hearing portion does say that the hearing was closed. So based on that I think it would be unfair to those that read the minute packet that the resolution would be back on 6/4 before we could take action, so I advise the Board that they should not vote on it today and follow the minutes that were adopted that says it will be next on 6/4 and take action then. Supervisor Russell SUPERVISOR RUSSELL: This essentially was, it was conflict in notice. The issue of fairness has been raised and I think that the Town Board is going to follow the advice of counsel and apologize to the agricultural community. Kathryn Sepenoski MS. SEPENOSKI: The two weeks that I just spent waiting, that I could have gotten public comments that I might have needed in favor, I waited. So now I have to spend even more valuable time because the pressure of the season is on, as I said, I am waiting to go home to plant now. To go to all the businesses that buy from me, so that I stay in business in order to help provide to grocery stores locally, restaurants, besides my community who have it coming up in our (inaudible) that this is something we have to correct in the code. I will dedicate time to it because it is that important to this community. But shame on all of you for not catching it. I know June was mentioned but I believe it was for another agenda item that night. It was very specific that it was for two weeks, it was said out loud by all of you. It was ratified by all of you to hold it off. The typo that went into the minutes that ended up on the on-line portion, shame on you all for not checking to make sure that things are being entered correctly because it affects the livelihood of the largest industry in this community. Make sure you check what's in there tonight. TOWN ATTORNEY DUFFY: Just if I could clarify that, the record is going to be closed tonight, the public comment period is closed. The written comments will not be accepted after tonight, tonight is still the deadline for written comments. However, the motion to adopt is being table until 6/4 according to the minutes. SUPERVISOR RUSSELL: I want to say I absolutely (inaudible) I think this oversight unfortunately, circumstances beyond our control. We can't act because in the interests of fairness to everyone in the entire community, we have to hold two weeks. If there is a miscommunication, then we have an obligation to correct it and we will correct it by holding it for two weeks and I apologize, my apology is to the entire agricultural community. MS. SEPENOSKI: I would like to clarify, are you saying there are no more written comment and no more public comment? Southold Town Board Meeting May 21, 2019 page 15 JUSTICE EVANS: No, because we are closing the hearing tonight. Written comments are done. MS. SEPENOSKI: Are done. Thank you. Councilman James Dinizio COUNCILMAN DINIZIO: Louisa, can I just say something? You cannot comment by written but next, in the two weeks when we have the hearing, people can comment. SUPERVISOR RUSSELL: Yes, as an agenda item, same as tonight. TOWN ATTORNEY DUFFY: That would not be part of the record. COUNCILMAN DINIZIO: I am hoping I hear something, then, that is cogent, and a good argument against this at that point. Supervisor Russell SUPERVISOR RUSSELL: You deserved a vote and through a glitch you didn't get it but in two weeks you will. Motion To: Motion to Close P.H. on LL Agricultural Processing This Public Hearing on the Local Law Re: Agricultural Processing is CLOSED at 5:14PM to written comments. No further written comments will be accepted to be placed in the official file. The Town Board will vote on this Resolution at the 7:OOPM June 4, 2019 Regular Meeting. Verbal comments may be made during the general session. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell V. Resolutions 2019-463 CATEGORY• Audit DEPARTMENT• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 21, 2019. ✓vote Record-Resolution RES-2019-463 0 Adopted Yes/aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated .lames Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ 0 Supervisor's Appt Robert Ghosio Seconder 0 ❑ 11 0 Southold Town Board Meeting May 21, 2019 page 16 ❑ Tax Receiver's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-464 CATEGORY: Set Meeting DEPART IENT.• Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 4, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 7:00 PM. ✓Vote Record-Resolution RES-2019-464 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty 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 2019-465 CATEGORY: Employment-Town DEPARTMENT. Accounting Amend Resolution Nzonber 2019-415 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2019-415 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the below Southold Town Board Meeting May 21, 2019 page 17 individuals to the position of Traffic Control Officer for the Southold Town Police Department, effective May 13, 2019 through September 15, 2019 at a rate of$17.47 per hour. Christian Figurniak James McDonald Samuel Strickland ✓Vote Record-Resolution RES-2019-465 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El ❑ ❑ 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 2019-466 CATEGORY• Property Usage DEPARTWENT. Recreation Field Use—North Fork Women's Softball League RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the North Fork Women's Softball League to use the little league field at Tasker Park for league softball games. Dates and times will be coordinated with the Recreation Department. Appropriate fees have been charged as per the rules and regulations on the application for use of parks facilities. An updated Certificate of Insurance naming the Town of Southold as additional insured will be obtained upon policy renewal prior to field use. ✓Vote Record-Resolution RES-2019-466 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Meeting May 21, 2019 page 18 2019-467 CATEGORY.- Refund DEPARTHENT: Town Clerk Refund Parking Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individuals for the purchase of parking permits purchased in error: Wilber O. Chavez $300.00 Non-Resident 4620 190th Street Flushing NY 11358 Kostas Roustas $40.00 Guest 49 Oakridge Drive Voorhees,NJ 08043 Kimberly McKeon $10.00 Resident 44 Grant Drive No. Valley Stream,NY 11580 ✓Vote Record-Resolution RES-2019-467 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-468 C4TEGOR Y.• Special Events DEPARTMENT: Town Clerk Special Events Permit Sparkling Point 2019-24 Southold Town Board Meeting May 21, 2019 page 19 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sparkling Point to hold Special Event 2019-24 at Sparkling Point, 39750 County Road 48, Southold,New York as applied for in Application SP 1 a-b for two (2) wine events on July 20 and Sept. 15, 2019 from 11:00 am - 6:00 pm provided they adhere to all conditions on the application, and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-468 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 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 2019-469 CATEGORY. Special Events DEPARTAIENT: Town Clerk Special Events Pernait Sparkling Point 2019-25 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sparkling Point to hold Special Event 2019-25 at Sparkling Point, 39750 County Road 48, Southold,New York as applied for in Application SP2a-c for three(3) wedding events on Sept. 27, Oct. 4 and Oct. 5, 2019 from varies - 11:00 pm provided they adhere to all conditions on the application, and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-469 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dinizio Jr Voter 0 El El El ❑ Supervisor's Appt William P.Roland 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 0 Lost Southold Town Board Meeting May 21, 2019 page 20 2019-470 CATEGORY. Close/Use Town Roads DEPARTMENT. Town Clerk Permit Worship Services at Beach RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork Reform Synagogue to hold picnics followed by worship services at Kenney's Beach, Southold on the following Fridays: June 21, July 12 & 26, August 9 & 23, 2019 from 6:00 PM to approximately 8:15 PM; parking permit requirements shall be waived for participants who do not have Southold Town Beach Parking Permits; placards to be placed on the vehicle's dashboard should be provided by the synagogue to those participants who do not have parking permits. All fees are waived with the exception of the clean-up deposit, which will be returned to the applicant provided the area is deemed clean following inspections by a town representative. ✓Vote Record-Resolution RES-2019-470 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ---- - - -- ------- - --- ❑ Withdrawn James Dmizio.Ir 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 2019-471 CATEGORY. Employment -Town DEPARTMENT. Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 22, 2019 through October 28, 2019, at a rate of$20.00 per hour. ✓Vote Record-Resolution RES-2019-471 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .lames Dnuzio Jr Voter 0 0 0 0 Southold Town Board Meeting May 21, 2019 page 21 ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comment regarding resolution 471 COUNCILWOMAN DOHERTY: Before I move this resolution I would like to publicly thank Mr. Comando for the years he has put into this position. He has been an asset and he is one of the reasons why this program has worked so well over the years. 2019-472 CATEGORY. Employment-FIFD DEPARTMENT.- Accounting Increase Salary of Kevin Carroll RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Resolution Number 2019-083 of the Fishers Island Ferry District adopted May 13', 2019 that increases the salary of Kevin Carroll to $20.00 per hour effective May 23, 2019. ✓Vote Record-Resolution RES-2019-472 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ' Abstain Absent ❑ Tabled ❑ WithdrawnJames Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt )ill Doherty Voter 2 ❑ ❑ ❑ ❑ 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 2019-473 CATEGORY. Employment -FIFD Southold Town Board Meeting May 21, 2019 page 22 DEPARTMENT Accounting Amend Resolution 2019-408 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2019-408 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2019-085 of the Fishers Island Ferry District adopted May 13, 2019 that reads as follows: WHEREAS the Ferry District requires additional Deckhands (FIFD); Therefore it is RESOLVED to appoint, with effect May 10, 2019, John S. Leese Jr. and David Ferace as a part-time Deckhands (FIFD) at a rate of$12.50 per hour. It is further RESOLVED to temporarily appoint with effect May 13, 2019 Messrs. Leese Jr. and Ferace from part-time to full-time summer seasonal status. On September 15, 2019, Messrs. Leese Jr. and Ferace will terminate their summer seasonal positions and on September 16, 2019 be re-appointed to part-time Deckhands (FIFD). ✓Vote Record-Resolution RES-2019-473 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El El El ❑ 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 2019-474 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Accept Resignation of Sarah Freeman and Shemaiah Samson RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-087 of the Fishers Island Ferry District adopted May 13, 2019 that accepts the resignation effective April 30, 2019 of Sarah Freeman, Part Time Cashier, and Shemaiah Samson, Seasonal Laborer. ✓Vote Record-Resolution RES-2019-474 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Meeting May 21, 2019 page 23 ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-475 CATEGORY. Employment-FIFD DEPARTMENT Accounting Accepts Resignation of Kevan Norton RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Resolution Number 2019-088 of the Fishers Island Ferry District adopted May 13, 2019 to read as follows: The Board of Commissioners of the Fishers Island Ferry District accepts the resignation of Kevin Norton with effect April 25, 2019. Mr.Norton has 17 vacation days (136 hours at $16.73) of accrued vacation totaling $2,275.28 due him. The BOC also wishes him well on his new career. ✓Vote Record-Resolution RES-2019-475 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 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 2019-476 CATEGOR Y° Employment -FIFD Southold Town Board Meeting May 21, 2019 page 24 DEPAR TWE T. Accounting Summer Seasonal FT Laborers RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2019-086 of the Fishers Island Ferry District adopted May 13, 2019 that reads as follows: WHEREAS the Ferry District requires additional summer Laborers; Therefore it is RESOLVED to appoint, with effect May 15, 2019, Hunter Kucsera, Charles von Stade and Ian Tirabassi as summer seasonal laborers at $12.50 per hour. It is further RESOLVED that on September 15, 2019, Messrs. Kucsera, Von Stade and Tirabassi will terminate their summer seasonal positions and on September 16, 2019 Mr. Kucsera be appointed to part-time Laborer. ✓Vote Record-Resolution RES-2019-476 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-477 CATEGORY. Ratify Fishers Island Reso. DER,IRTMEATT. Fishers Island Ferry District FIFD 5/13119 Meeting Resolzttion 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 May 13, 2019, as follows: FIFD resolution# Regarding 2019 - 075 Budget Modification Southold Town Board Meeting May 21, 2019 page 25 2019 - 079 Procurement 2019 - 080 Goodison Change Orders 2019 - 082 NL Harbor School ✓Vote Record-Resolution RES-2019-477 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 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 2019-478 CATEGORY: Contracts,Lease&Agreements DEPART MEA'T. Town Attorney 2019 State Aid Youth Bureau Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2019 State Aid Youth Bureau Agreement with the County of Suffolk, in the amount of$17,464.00, for the term January 1, 2019 through December 31, 2019, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-478 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr i Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Meeting May 21, 2019 page 26 2019-479 CATEGORY• Contracts,Lease&Agreements DEPAREVE_NT: Town Attorney Renewal Agreement Between the Town of Southold and the CSEA Employee Benefit Fund RESOLVED that the Town Board of the Town of Southold Hereby Authorizes and Directs Supervisor Scott A. Russell to Execute the Renewal Agreement Between the Town of Southold and the CSEA Employee Benefit Fund for Benefits Provided to Covered Employees for the Period Effective January 1, 2017 through December 31, 2019, Subject to the Approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-479 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No Abstain Absent El Withdrawn James Dmizio Jr Voter 10 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 121 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-480 CATEGORY. Refund DEPAR'TUEATT. Town Clerk Filming Clean-Up Deposit and Traffic Control Refund WHEREAS Always Am Productions, Inc. supplied the Town of Southold with a refundable Clean-up Deposit fee in the amount of$2,500.00 and a Traffic Control fee estimate of $20,000.00 and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that the Clean-up Deposit Fee may be refunded, and WHEREAS the Southold Town Police Chief, Martin Flatley has provided the Town Clerk's office with an actual Department expense for the film in the amount of$16,754.47, now therefore be it Southold Town Board Meeting May 21, 2019 page 27 RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the total amount of $5,745.53 to Calling Grace Productions, The Undoing, 2500 Broadway, Suite F 125 Room 1070, Santa Monica, CA 90404. ✓Vote Record-Resolution RES-2019-480 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn .lames Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 171 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Rl El ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A'Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-481 CATEGORY. Employment-Town DEPARTMENT. Accounting Police Department-Appoint Trac Control Officer RESOLVED that the Town Board of the Town of Southold hereby appoints the below individual to the position of Traffic Control Officer for the Southold Town Police Department, effective May 24, 2019 through September 15, 2019 at a rate of$17.47 per hour pending background search completion: Rachel Voegel -/Vote Record-Resolution RES-2019-481 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 171 El ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 21 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Meeting May 21, 2019 page 28 2019-482 CATEGORY: Authorize to Bid DL,PARTIM jYT: Engineering Advertise for the Purchase of Drainage Materials RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase and delivery of drainage materials to the Southold Town Highway Department. ✓Vote Record-Resolution RES-2019-482 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Welham 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 2019-483 CATEGORY: Authorize to Bid DEPARTMENT.- Engineering 2019 Equipment Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for Heavy Equipment with Operator for 2019. ✓Vote Record-Resolution RES-2019-483 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ,lames Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated Welham P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Meeting May 21, 2019 page 29 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-484 CATEGORY. Local Law Public Hearing DEPARTMENT. Town Attorney Ph 6/18/19 4:31 PM- Chapter 189-Lighthouse Road, Southold WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New-York, on the 21St day of May, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 189, ParkinIZ, in connection with Parking on Lighthouse Road in the hamlet of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 18th day of June, 2019 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189,Parking, in connection with Parking on Lijjhthouse Road in the hamlet of Southold" which reads as follows: LOCAL LAW.NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189,Parking, in connection with Parking on Lighthouse Road in the hamlet of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for emergency vehicles, pedestrian and passenger vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicles parking and standing on a portion of Lighthouse Road in the hamlet of Southold. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: §189-2 Designation of areas requiring parking permits. B. The following road end areas are hereby designated as Towii of Southold "Parking by Southold Town Board Meeting May 21, 2019 page 30 Southold Town Permit Only" area: (19) Lighthouse Road, Long Island Sound, Southold, on both sides from the terminus south fer a distance of 650 fe;et to the intersection with Soundview Avenue. 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-2019-484 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Tames Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-485 CATEGORY.• Advertise DEPARTUENT: Human Resource Center Ad for Full Time Cook HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of a full time cook for the Human Resource Center in the Suffolk Times for two (2) consecutive weeks. ✓Vote Record-Resolution RES-2019-485 PI Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended lames Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder E1 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter M 0 ❑ 0 Southold Town Board Meeting May 21, 2019 page 31 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-486 CATEGORY.• Refund DEPARTMENT. Town Clerk Various Clean Up Deposit WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following organization: Name Date Received Amount of Deposit Bicycle Shows US 3/11/19 $1,500.00 230 Smith Hughes Road Narrowburg,NY 12764 ✓Vote Record-Resolution RES-2019-486 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dm¢ Q Elio Jr Voter ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Rl ❑ ❑ ❑ ❑ 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 Z ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-487 Southold Town Board Meeting May 21, 2019 page 32 CATEGORY: Contracts, Lease & Agreements DEPARTMENT. Town Attorney Contract with Fishers Island Ferry District for Purchase of Passenger Ferry Boat RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a contract between the Town of Southold and Fishers Island Ferry District in connection with a short term loan for the purchase of a high speed passenger ferry boat at a cost not to exceed the amount of$460,000.00, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-487 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 E] El El ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑✓ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-488 CATEGORY• Contracts,Lease&Agreements DEPARTMENT. Town Attorney 2019 CDBG Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute agreements and any other necessary documentation between the Town of Southold and the Suffolk County Office of Community Development in connection with the 2019 Community Development Block Grant Program, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-488 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Roland Voter 0 ❑ ❑ ❑ ❑ Tabled El Withdrawn Lill Doherty Voter 0 El ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ r❑ 0 Town Clerk's Appt Southold Town Board Meeting May 21, 2019 page 33 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-489 CATEGORY.- Contracts, Lease&Agreements DEPARTMENT: Town Attorney Cablevision Lightpath Service Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Service Agreement between the Town of Southold and Cablevision Lightpath, Inc. regarding the Town's data, voice and internet connectivity, for a three year term, at a cost of$6,375.00 per month, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-489 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .. James Dm11izio Jr Voter 10 ❑ Withdrawn ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter LSI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-490 CATEGORY. Committee Appointment DEPAR-731E,-,%1 Town Clerk Housing Advisory Commission Appointments RESOLVED that the Town Board of the Town of Southold hereby appoints Mark Levine and Nancy Messer to the position of Member of the Housin,-Advisory Commission for a three (3) year term of office to expire on March 31, 2022. ✓Vote Record-Resolution RES-2019-490 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Duuzio Jr Mover Rl ❑ ❑ ❑ ❑ Defeated William P Roland Seconder 0 0 ❑ 0 Southold Town Board Meeting May 21, 2019 page 34 ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans i Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-491 CATEGORY: Employment-Town DEPARTMENT.• Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Patrick McFarland to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 22, 2019 through October 28, 2019, at a rate of$20.00 per hour. ✓Vote Record-Resolution RES-2019-491 IZ Adopted ❑ Adopted as Amended ❑ Defeated ; Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland i Seconder 121 El El 11 ❑ 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 - - - - -- --- - -- -- 2019-492 CATEGORY. Bid Acceptance DEPARLUENT.• Public Works Accept Bid Renewal for Lzmmber RESOLVED that the Town Board of the Town of Southold hereby accepts the bid renewal for additional six (6) months of Riverhead Building Supply for supplying lumber and various Southold Town Board Meeting May 21, 2019 page 35 construction materials for the Dept of Public Works and Bay to Sound project submitted in the bid and all in accordance with the Town Attorney. All prices remain firm for this additional six (6) month term agreed upon by the Town of Southold and the vendor (DOC ID: 14658). ✓Vote Record-Resolution RES-2019-492 Z Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn .lames Dmizio Jr Voter CSI D ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover lZ ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter I✓I ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q I ❑ ❑ El ❑ Town Clerk's Appt Louisa P Evans Seconder d ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-493 CATEGOR17. Bid Acceptance DEPA, EVEN 7': Town Clerk Accept Bid Grinder Horizontal Woodwaste RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Suffolk County Brake Service, 862 Lincoln Avenue,Bohemia,New York 11716 to supply the Town of Southold with a 2019 Horizontal Woodwaste Grinder in the amount of$799,282.91, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-493 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 Voter 0 ❑ ❑ ❑ ❑ Tax Receivers Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder, lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Chapter 280 - Agricultural Processing Southold Town Board Meeting May 21, 2019 page 36 The Resolution for Agricultural Processing is TABLED to the June 4, 2019 Town Board meeting. The public hearing was previously CLOSED with the acceptance of written comments for a two (2) week period. Therefore, no further written comments will be accepted to be made a part of the official file. However, verbal comments can be made at the June 4, 2019 Town Board meeting. 2019-495 CATEGORY. Grants DEP_4RTMEATT. Town Attorney Support Resolution of Ferry Building Apartments Project on Fishers Island WHEREAS, the Town of Southold is always desirous to improve the economy and quality of life within the Town of Southold; and WHEREAS, through the Suffolk County Downtown Revitalization Program, the County of Suffolk participates with local governments in the development, support and funding of projects located in Suffolk County that will have an important and sustainable impact on downtowns and business districts; and WHEREAS, as part of the application process in conformity with Suffolk County Resolution No. 808-1998, the County of Suffolk requires a resolution of the Town Board showing local support for the proposed project; and WHEREAS, upon the County's approval of the project, the Town would be required to enter into an inter-municipal agreement with the County under Article 5-G of the General Municipal Law pursuant to which the Town of Southold would be required to undertake and complete the project and the County would be responsible for providing financing for all or part of the cost of the project; and WHEREAS, in order to provide County financing for all or part of the project, the County of Suffolk must obtain a leasehold, easement or other real property interest in the site of the project; and WHEREAS, the Walsh Park Benevolent Corporation is desirous of proposing that the Town of Southold participate in such program in connection with the Ferry Building Apartments Project on Fishers Island and the Town will be applying for$73,871 under the program; NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold hereby states its support of the Ferry Building Apartments Project on Fishers Island proposed by the Walsh Park Benevolent Corporation pursuant to the Suffolk County Downtown Revitalization Program through the Town of Southold; and be it further RESOLVED that the Town Board of the Town of Southold, as Lead Agency, has given due consideration to the impact that the project may have on the environment, and on the basis of such consideration, the Town Board, acting as Lead Agency, hereby determines that this Ferry Southold Town Board Meeting May 21, 2019 page 37 Building Apartments Project on Fishers Island is a Type II action pursuant to SEQRA Rules and Regulations 6 NYCCR 617.5 et. seq. and Chapter 130 of the Southold Town Code, and as such is not subject to further environmental review; and be it further RESOLVED, that the Town Board authorizes the Supervisor to sign any and all necessary documents, including but not limited to the required easement/lease documents and an inter- municipal agreement, subject to review and approval by the Town Attorney, to participate in the above referenced program. ✓Vote Record-Resolution RES-2019-495 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 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 Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:36 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2019-496 CATEGORY:- Legislation DEPARTMENT. Town Clerk Enact Chapter 280-Definitions Cabana/Pool House NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd 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 NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 2151 day of May, 2019 at 4:31p.m. at which time all interested Southold Town Board Meeting May 21, 2019 page 38 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. 7 of 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoninjz, 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 International Dictionary of the English Language, unabridged (or latest edition). CABANA/POOL HOUSE -A one-story, ground level detached accessory structure oraig�ound 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, quipped or used for cookingor r sleeping purposes. A refrigerator no greater than 5 cubic feet in capacitypermitted. (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 (f) All plumbing fixtures shall drain to a Suffolk County Health Department approved sanitary ystem in a confoirning location. (g) A building permit for a cabana/poolhouse shall not be issued unless: there is an existing inground pool with a valid Certificate of Occupancy; a building permit, that is still valid, 1 Southold Town Board Meeting May 21, 2019 page 39 has previously been issued for an inground pool, or the building permit for the cabana/poolhouse is being issued simultaneously with the issuance of a building permit for an inground pool. No Certificate of Occupancy for a cabana/poolhouse shall be issued unless there is an existing inground pool with a Certificate of occupancy or a Certificate of Occupancy for an inground pool is being issued at the same time as a Certificate of Occupancy for a cabana/poolhouse. 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-2019-496 ❑ Adopted ❑ Adopted as Amended ❑ Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Mover 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Neat:6/4/19 7:00 PM VI. Public Hearings PH 5/214:31 Pm - Chapter 280 Cabana/Pool House This public hearing is CLOSED at 5:43 PM for public comments. Written Comments will be accepted for the next two (2) weeks through the 7:OOPM June 4, 2019 Town Board meeting up until such time as the enactment resolution is voted upon. Verbal comments may be made during the general session. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to the Southold Town Board Meeting May 21, 2019 page 40 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 NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 21St 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 International Dictionary of the English Language, unabridged (or latest edition). CABANA/POOL HOUSE - A one-story, ground level detached accessory structure oraground 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 Southold Town Board Meeting May 21, 2019 page 41 toilet and sink. (e) Cabana/pool houses shall not contain indoor showers. Outdoor showers are permitted (f) All plumbing fixtures shall drain to a Suffolk County Health Department approved sanitary system in a conforming location. (g) A building permit for a cabana/poolhouse shall not be issued unless: there is an existing inground pool with a valid Certificate of Occupancy; a building permit,that is still valid, has previously been issued for an inground pool, or the building permit for the cabana/poolhouse is being issued simultaneously with the issuance of a building permit for an inground pool. No Certificate,of Occupancy for a cabana/poolhouse shall be issued unless there is an existing inground pool with a Certificate of occupancy or a Certificate of Occupancy for an inground pool is being issued at the same time as a Certificate of Occupancy for a cabana/poolhouse. 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 partso decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a signed and notarized copy of an affidavit that this was published on the Town website and the Town Clerk's bulletin board, as well as the Suffolk Times: And a letter from Suffolk County that this is a matter for local determination, there is no significant county wide-or community impacts. And a memorandum from the Planning Board, `Thank you for the opportunity to provide comments for the above referenced local law, the Planning Board supports the proposed legislation and makes the following recommendations: a definition for a pool should be added to the Southold town code. The ability to a cabana house should also apply to an above ground swimming pool. The proposed local law applies to properties with an inground pool only, does not include the segment of population with above ground pools and number three, they recommend that an indoor shower be permitted for showering during the cooler months.' I have a memorandum from Mark Terry who is the LWRP coordinator that this code change would be consistent with the LWRP. That's all I have. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Leslie Weisman, Chair ZBA LESLIE WEISMAN: Good evening. Leslie Weisman, chair of the Zoning Board of Appeals. Thank youlfor putting this on the agenda. The Board is aware but for the benefit of the public, it's important to note that there is no such definition in the town code at this time and the Board of Appeals has requested that this definition be added to the code because we have been given in the past year or two, an incredible number of applications for these pool houses and the Building Southold Town Board Meeting May 21, 2019 page 42 Department had no guidance as to whether or not these were actually allowed, when they come in for a building permit. So they generally tend to turn it over to the zoning board. The zoning board can't do a code interpretation when no code exists. And so this is an effort to let property owners know precisely what they can do as of right without requiring a variance or having to be bothered to go to the zoning board. This doesn't bar them from obtaining a variance, for example if they have an existing accessory structure that they wish to, if it's larger than what the proposed legislation allows, they can still come before the board and ask for a variance and plead their case. This has the full support of every member of the zoning board and was crafted by me and guidance by the Town Attorney and the chief building inspector, Mike Verity. 'We believe it's a benefit to property owners and to the building department particularly, who understand what is a reasonable thing to do. We've seen applications where there have been no swimming pool and people have come in to legalize a pool house. We have seen two story pool houses that are just waiting to become guest cottages. People just simply don't, they need guidance, they need to understand exactly what the town thinks is reasonable. We are in full support of this proposed amendment. The season is upon us and so we urge the Board, I say we on behalf of the building inspector and the ZBA, to pass this legislation so the summer season is not a complicated one for people and that we understand how we can proceed. Swimming pools seem to be proliferating all over town and frequently people really want to have a pool house in association with it. I would like to respond to the comments from the Planning Board. We talked about a swimming pool that was not inground, they were above ground and because those structures tend to possibly be temporary, the assumption was that it was not necessarily the right way to go. Also, indoor showers are never permitted in accessory structures. A pool house, they have always been permitted outside but not indoors, a pool house should be seasonally used if in fact it is an accessory, logically, to a pool. Swimming pools, we are not in Florida, swimming pools are used seasonally in this town and why should the pool house, which is an accessory to the pool, also be used seasonally. This does not bar people from air-conditioning a pool house, it does say no heat because the assumption is it won't be used in colder weather. So I would urge you to please approve this legislation this evening. I think it's a win-win for everybody. People have options and both the town agencies and the public required guidance on this, so thank you. SUPERVISOR RUSSELL: Thank you, Leslie. Can I just ask, why such a restriction on the refrigerators? That was brought to my attention. MS. WEISMAN: The restriction is because basically we have been seeing full kitchens in these structures. Very large, two door refrigerators. I don't really care that much about them personally, I am speaking about myself, if it's a bigger refrigerator and people want to fill them with a couple of cases of beer, fine. But we have seen, what is an oven these days? Is it a counter top microwave with convection oven in it, you can cook very easily with that, we've seen dishwashers, we have seen full kitchen cabinetry and I believe the intention was simply to create the understanding that this was not meant to be a full kitchen, it's meant to be to store snacks, cold drinks, to make it convenient so that you don't have to go back to your house from the swimming pool, to get out of the heat, to watch the TV if you want. It's pretty flexible. It's a decent size and there's a lot that can go on but Scott, you have been thinking about the size? Southold Town Board Meeting May 21, 2019 page 43 SUPERVISOR RUSSELL: I was just thinking that there are of people with AC and just turn the thermostat down to 38 and have that 350 square foot refrigerator. MS. WEISMAN: There you go. That sounds like fun. You can ice yourself as well as your cold drinks. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this? Randy Wade, Greenport RANDY WADE: Hi, Randy Wade, Greenport. From what I understand, the main argument against doing this is that it could impact our water quality. That people are afraid of having too many people living on the property for the septic system and so rather than address it this way, I think that the problem should be addressed specifically, that a limitation on bathrooms and bedrooms and exceptions if you want to go more than that. Right now we have a lot of ghost towns, a lot of ghost town neighborhoods and it's because you know, weekend people buy them and then Monday through Friday there's nobody around to call if you need help and so I think that the answer for a lot of the other problems, about affordable housing, about avoiding having ghost towns is to encourage accessory apartments in separate buildings. So already it's allowed under certain cases, so it seems like this could somehow be folded in, that you would be allowed to have, call it a pool house or whatever, it seems like it would be the same kind of thing and it should have a kitchen and a bathroom as long as you don't have a house that has too many, as long as it makes sense. I mean, that's why I think it should be studied to see how it could serve multiple goals. It just seems sort of like (inaudible) to talk about a pool house, if it was a property that didn't have another accessory use or maybe they would make a playhouse that would be 400 square feet because that is not defined either. So I just think a little bit more thought and maybe multiple goals. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? (No response) I had a person approach me the other day who wanted to be here to make public comment, she could not, so she wanted to submit written comment. So I would ask that we close the hearing except for written comment and that we vote in two weeks. Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda. Who would like to address the Town Board on any issue? Randy Wade, Greenport RANDY WADE: Randy Wade, Greenport. I have a question about the processing on the farms. Since processing is part of the definition of agriculture uses in the zoning code, it's obviously authorized. Has a processing facility ever been denied by the Town? Are there examples of that? Southold Town Board Meeting May 21, 2019 page 44 SUPERVISOR RUSSELL: Yes. The processing isn't included as a use in section 280 which covers uses of land, you are probably referring to the embodiment of the right to farm law which is a codification of the right to farm laws of the State of New York but those don't dictate uses permitted, 280 requires affirmative amendment to the town code, which is what the legislation proposes. MS. WADE: So somewhere else, because it is in the Southold Town code... SUPERVISOR RUSSELL: As a permitted use in 280, in the AC zones? I don't believe it is. MS. WADE: When I looked up Southold Town code, I saw the definition of agriculture included processing as one of the... SUPERVISOR RUSSELL: It is a definition, it doesn't mean the use is sanctioned. MS. WADE: But then when you go to talk about agriculture in many other places and you have already defined it as potentially processing, how could it not carry over in other places in the code? SUPERVISOR RUSSELL: the code, the beginning of the code defines many definitions that aren't necessarily permitted in that zone. The, it's just a reference guide. It doesn't mean because it appears in definitions it automatically appears as a permitted use in the code. MS. WADE: Wouldn't it have to be specified as being denied? SUPERVISOR RUSSELL: No. The way the code works, the way the New York State code works, unless it is enumerated as a permitted use it is presumed to be prohibited. So unless it is enumerated as a permitted use, whether outright or special exception, unless it is enumerated in one of those two categories, it is presumed to be prohibited, any use. MS. WADE: Oh, okay. Thanks for clarifying. I still hope that as far as building coverage, that it is treated like any other farm building. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? Chris Baiz CHRIS BAIZ: Chris Baiz again. I would like to see referenced in the town's documents where this June 4"' number came from. I have been through all the documents just now. I cannot find it. I would like to know the author of those minutes and who directed whoever authored it to do so. SUPERVISOR RUSSELL: That would actually, all that information emanates from the Town Clerk's office, including what you see there. MR. BAIZ: I can't find it. Southold Town Board Meeting May 21, 2019 page 45 JUSTICE EVANS: I can show you.... MR. BAIZ: What is.... JUSTICE EVANS: If you look under the minutes and you go down to the bottom where the.... MR. BAIZ: Minutes of the May 7`h meeting? JUSTICE EVANS: Yes. MR. BAIZ: All I see is.... JUSTICE EVANS: If you look under the hearing, actually the resolution for that, chapter 280. If you go to the very bottom it shows it was tabled and then to the right of that, it says next 6/4/2019. SUPERVISOR RUSSELL: It would appear to be a scriveners error, that emanated from the Town Clerk's office. So in the interest of everyone, we believe it was prudent on the advice of counsel to table for two weeks. MR. BAIZ: Okay. SUPERVISOR RUSSELL: And we will vote in two weeks. MR. BAIZ: Okay, okay. Supervisor Russell SUPERVISOR RUSSELL: Who else would like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:56 P.M. l)e Eli 7eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell