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HomeMy WebLinkAboutTB-09/24/2019 ELIZABETH A.NEVILLETown Hall,53095 Main Road TOWN CLERK SUFFD(�coGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�/pl �yo� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING September 24, 2019 7:00 PM ,A Regular Meeting of the Southold Town Board was held Tuesday, September 24, 2019 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on September 24, 2019 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Absent Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Planning Department Monthly Report 2. Justice Court Reports 3. Trustees Monthly Report II. Public Notices 1. NYS Corps of Engineers Southold Town Board Regular Meeting September 24, 2019 page 2 III. Communications IV. Discussion 1. 9:00 AM -Denis Noncarrow 2. Letter of Appreciation Received from Southold Fire Dept 3. Councilwoman Doherty 4. RFP Proposal for Recreational Facility 5. 9:15 AM-John Stein, CAC 6. Supervisor Russell Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:07AM for the purpose of discussing the following matters: Proposed Property Acquisition(s), Sale or Lease of Real Property, Publicity of Which Would Substantially'Affect the Value Thereof 11:00 AM-,Melissa Spiro, Land Preservation Labor-Matters Involving the Employment/Employment History of a Particular Person(s) 11:15 AM - Chief Martin Flatley, Police Department 11:45 AM- Michael Collins, Jamie Richter and Kristie Hansen-Hightower Councilwoman Doherty re: Engineering Dept. Councilman Ruland re: LDC and Transportation Commission Labor- Matters Involving the Employment Contract of a Particular Corporation 12:15 PM -Jim Bunchuck, Landfill -RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio 7. EXECUTIVE SESSION - Proposed Property Acquisition(s), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof 8. EXECUTIVE SESSION -Labor-Matters Involving the Employment/Employment History of a Particular Person(s) 9. EXECUTIVE SESSION -Labor- Matters Involving the Employment Contract of a Particular Corporation Southold Town Board Regular Meeting September 24, 2019 page 3 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:OOPM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio Pledee to the Flay Moment of Silence in Memory of Joseph Townsend, former Town Councilman & Merle Levine,Member Anti-Bias Task Force Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:OOPM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise for the Pledge to the Flag. Thank you. I am going to ask everybody to stand for a moment of silence for Joseph Townsend who used to be a member of the Town Board who we just lost and also for Merle Levine, a long time active member of the community and also the Anti-Bias Task Force. Thank you. A couple of things going on, we do have a couple of public hearings, I know that some people want to comment on those hearings. What we will do is we will finish the items of the agenda and then we will go into public hearings and that will be your opportunity to speak for or against any of the proposals. In the meantime, would anybody like to comment on any of the other agenda items? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I didn't understand why the deja vu, the law, I thought you voted for accessory apartments on September 91h? It seems to be back on the agenda. SUPERVISOR RUSSELL: We took no action and the, since we took no action that evening, it carries forward on each agenda. Southold Town Board Regular Meeting September 24, 2019 page 4 MR. SCHWARTZ: Because in my memory you had voted for it and then, in the minutes on the website it was (inaudible)... TOWN CLERK NEVILLE: Tabled. Tabled, Benj a. Resolution #763, tabled. That's why there are three iii's. MR. SCHWARTZ: but in the minutes, oh, it was tabled. Okay, so it's going to be on for tonight. Last time there was a public hearing, is there going to be a public hearing on it tonight? SUPERVISOR RUSSELL: The public hearing was closed. You can make comments on the specific legislation itself if you like. MR. SCHWARTZ: Now would be the time to do that? SUPERVISOR RUSSELL: Well, it's an agenda item.... MR. SCHWARTZ: So I apologize if my memory is not perfect but what I recall from the public hearing and the discussion there at that time, this law, I can't believe you are even considering this law. I can't believe that anybody wrote this law and presented it to the town. Rather than go on all night, I have a page here that I would like to read. Single family residential zoning was tailored to coexist with agriculture when zoning was initially adopted by the Town Board and the Town of Southold in 1957. Single family residential farming zoning was a major additional step to preserve remaining farmland and a major step to begin to limit the size of the local population, thereby protecting our local human and natural environments. A single family use in a single family district was first changed by permitting accessory apartments inside residents houses. Next accessory apartments inside preexisting detached accessory garages, barns or storage buildings were permitted. Now we have got accessory's to accessory's. After lengthy, over time chipping away of the substance of the preexisting standards, a legal wormhole was created whereby the development application process was segmented. The permit applications for permits of new previously non-existent, lawfully or otherwise, detached accessory garages, barns or storage buildings and then after the building is built, there is an application to put an apartment in it. So contrary to the law, which says that the apartments can be, accessory apartments can be put in storage buildings that are already existed, what people are doing is apply to build new buildings and put accessory, essentially they are building second houses. Now, if everybody who bought a single family house in a single family residential district understood that single family meant single family but it doesn't anymore, at least, no, it doesn't now and it's going to be a lot worse if you pass this law. And there is a specific application which I know of which has been delayed at the request of the applicant because at the time the application was made, it would have been illegal to grant it and it should have been denied without accepting the application but now if you pass this new law, it will be acceptable and it will be a very bad thing for the Town of Southold. The primary purpose of single family residential zoning has been essentially reversed and is continuing to be so, permitting accessory apartments inside now secondary residents new previously non-existing detached accessory barns, garages and storage buildings. This building that they are applying for an accessory, a garage with an accessory apartment in it and the town has said no, no, it's just an accessory Southold Town Board Regular Meeting September 24, 2019 page 5 garage with storage in it but it's right in the application, we know they are going to.apply for an apartment next. And then, I believe if my memory is correct, that this new standard of exclusive occupancy which permits non-residents to have accessory apartments in storage buildings was promoted by the supervisor and was not contradicted by any of the town, other town board members to be the equivalent of the old requirement of there being the resident having this as their primary or principal residence. There is no comparison. The old requirement is provable and enforceable. The new one is not provable and it's not enforceable and I don't care how many applications you have to the ZBA or whoever but in the application instructions for the ZBA it says to prove the primary or principal residency you can use a voter registration card, a drivers license, a New York State tax return, proof of a STAR exemption showing the subject property is a primary residence, utility bills, not sure they prove it. These are proofs, they are not all absolute proof. But now, exclusive occupancy? You can't prove that and you can',t disprove it to enforce the requirement that you are thinking about legislating tonight. One person can only have one principal or primary residence. one person can have an unlimited'number of secondary residences that they claim to exclusively occupy. I am not even going to get into corporations that are now going to be allowed, out of town corporations that are coming here and they are not coming here to provide affordable housing, they are coming here to make profits for themselves and take those profits out of town. And this is what this law will enable if you adopt it. if this,is not corrected soon, well, you say you haven't passed it yet so that's true, good. I hope you will not vote for it tonight. There were some errors the way it was presented last month or last meeting but we don't need to get into them there. Are there any questions? Do you understand what I just'said? SUPERVISOR RUSSELL: I certainly do. -MR. SCHWARTZ: You agree? SUPERVISOR RUSSELL: Only, I agree with all but about 90 % of it but what we will do, I don't want to belabor the meeting because we have three public hearings, so your objections are duly noted. I assure you, we will take no action to vote this evening. MR. SCHWARTZ: You assured me what? SUPERVISOR RUSSELL: I assure you we will take no vote to take any action on this this evening. Would anybody else like to... MR. SCHWARTZ: I would like a vote. I would like a vote to dismiss it, to get rid of it. You know no longer consider doing this. Supervisor Russell SUPERVISOR RUSSELL: Who else would like to comment on any of the agenda items? (No response) Southold Town Board Regular Meeting September 24, 2019 page 6 V. Resolutions 2019-803 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 24, 2019. ✓Vote Record-Resolution RES-2019-803 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-804 CATEGORY: Set Meeting DEPART TENT.• Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 8, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 PM. ✓Vote Record-Resolution RES-2019-804 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dm¢w Jr Seconder D ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn William P Ruland Voter 0 ❑ ❑ ❑ Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt El Tax Receiver's Appt Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt H,-wys Appt ❑ No Action Southold Town Board Regular Meeting September 24, 2019 page 7 ❑ Lost 2019-763 Tabled 812712019 7:00 PM, 911012019 4:30 PM CATEGORY.• Enact Local Law DEPARTIVENT: Town Clerk Enact LL Chapter 280, Accessory Apartments WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L.No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L.No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L.-No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance'of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of the existing dwelling shat ,.�the dwelling nits as the owner's 1 b b "yy' Vllli vi qua. uvv�.r �sir�ee. The other dwelling unit shall be leased for year-round occupancy, Southold Town Board Regular Meeting September 24, 2019 page 8 evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 400 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment Tantia-y 1, 2��^, or proof of legal occupancy prior to that date. (q) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14)hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L.No. 3-1989; 5-20-1993 by L.L.No. 6-1993; 12-21-1993 by.L.L.No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12-27- . 1994 by L.L.No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L.No..20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L.No. 26-1998; 10-25-2005 by L.L.No. 18-2005; 6-15-2010 by L.L.No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L.No. 3-2018] (a) The accessory apartment shall contain no less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall eeeupy Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be-occupied exclusively by the owner of the premises as the wA%er's pr-mei~^1 rest ene-e. The other dwelling unit shall be.leased for year-round occupancy evidenced by a written lease for a term of one or more,years to: p^ sioii granted, o`v�%er-e e�� �efmi+,�alk�+�ccupaney er-else r of an aece so apartment er-eated pur-suan4 to § ?80 13A(6)(6) or- § 280 13B(13)3) withol + valid rental pefmit issued upon appheation io the Chief Building hispector-. IA4ded 6 1-9, 201 0 by L.L. No 2 201!11 V V 1 V • LVrVr ' (-1 1—Content o f a-++Boat,., A ,.,1;..atio f + 1 + or- r-eiiewal rental �.� �............. ... ...t..t.....�.,�uvu. �iii u�yiavuuvu ivi u i�.ut Southold Town Board Regular Meeting September 24, 2019 page 9 pefinit shall bear the notarized signature of the owner and eantain the fell ;D {a',I-e naine, da4 of-birh and telephone number orthe ownen (b) The address of the subjeet pr-opefty ineluding street address and Suff-elk County Tam, Map number-. e (e) in the event the 0 > > limited liability eompany of other-business entity, the name,-address and telephone ntiniber-of e-aeh own pr-in c > (dT ) Tname he amte-le„1 one number(s) r t / _ copy of the e-ase agreement bawee-n Mena the proper (2) The owner-of an aceessery apartment within an existing one family dwelling shall, i.n. uuulLlvuto the ,proVide a- t, rtifieation that the existi.. and that the in complianee with all of the pr-evisions of the Cede ef the !he laws and sanitafy and housing r-egulations of the County e 7 n2rMlk and the !a- F s of the State of New York. (3) The owner-of an aeeesser-y apartment in an aeeessaf:y struetur-e lawfully exis4fig 1UIJULrt to § 280 1313(13) shall, addition to the information required i § 280 ]1J3D(l)(a) thr9,,..1 pr-ovide a e "t�zoir at: [Amended 12 5 20171, L.L. No. 20 (a) The existing single family dwelling or the aeoesser-5, apai4mefft in the aeeesser-y J L1 Ul+LULe 1JT/ed by as . L1b) The other-dwelling, n t o the s„bjeet p ,-.aAy is le b e . e b y either- ., f:,.-,,;1, tVJ 111V VLllt+l dwelling lilllll�-R member-oran individual .,P ho is etii ently on the SoutholdrTrSw"'n Af-er- vie LTo,,sing Regist, and eligible for-,,laeenient (e) Rents ehar-ged te a tenant from!he AMr-dable Housing Registry shall net exceed the-enczstablishedy the Town Board annually pursuant-to § 280 30F of ms ( dwelling unite-'is in eemplianeewith all of provisions ofthe God f the TownT.-.,,,,, o f Southold, the laws .,n � ,,;t,,,-y and 1�.,,,sing . „1.,t;ens „f the County of YY11.,1 .,�,.,.L11�,1L1, Lll.. 1 0 Suff-alk and the!a-ws of the State of New Yert.. 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-2019-763 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated .lames Dinlzio Jr Mover 13 0 El 11 Southold Town Board Regular Meeting September 24, 2019 page 10 0 Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Next:10/8/19 4:30 PM 2019-805 CATEGORY: Attend Seminar DEPARTMENT. Government Liaison Lynn Nyilas Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lynn Nyilas to attend a conference as a presenter for the Association of NY State Youth Bureaus Youth Development Training Conference In Albany,NY on October 7 and 8th, 2019. All expenses for registration and travel to be a legal charge to the 2019 budget (A.7310.4.600.500 Meetings and Seminars). ✓Vote Record-Resolution RES-2019-805 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover D El ❑ ❑ Rescinded Robert Ghosto Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-806 CATEGORY. Attend Seminar DEPA RTIIIE_1VT: Government Liaison Lynn Nyilas Attend Seminar Southold Town Board Regular Meeting September 24, 2019 page 11 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lynn Nyilas to attend a conference as a Long Island host for the Association of NY State Youth Courts, Youth Court Director Symposium In Stony Brook,NY on Nov 7th and 8th, 2019. All expenses for registration and travel to be a legal charge to the 2019 budget (A.7310.4.600.500 Meetings and Seminars). ✓Vote Record-Resolution RES-2019-806 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled - Yes/Aye No/Nay Abstain ' Absent ❑ 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 2019-807- CATEGORY.• Budget Modification DEPARTMENT.• Police Dept Police Department-Budget Modification Financial Impact:Reallocation of budgetary funds to alleviate over expended budget line for Live Scan Maintenance for the period 111/19-12/31119 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.3120.2.500.775 Police Equip/Other Equip In Car Video/Computer/RAD $3,255 Total $3,255 - To: - A.3120.2.500.425 Police Equipment/Other Equip Livescan Unit $3,255 Total $3,255 ✓Vote Record-Resolution RES-2019-807 0 Adopted -- Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dinizio Jr Voter 0 El 11 0 Tabled William P Roland Seconder` 2 0 0 - ❑ Southold Town Board Regular Meeting September 24, 2019 page 12 ❑ Withdrawn Jill Doherty Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter ❑ ❑ ❑ 21 ❑ Tax Receiver's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-808 CATEGORY. Refund DEPARTMENT. Town Attorney Refund CPF-Flatley RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10) to Rachel and Ryan Flatley from the Town of Southold in the amount of $6,661.40 in connection with the payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-74-3-6)purchased by Rachel and Ryan Flatley on August 12, 2019, as the transaction is exempt from the CPF tax. ✓Vote Record-Resolution RES-2019-808 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover o ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ IZI ❑ Town Clerk's Appt Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-809 CATEGORY: Employment-Town DEPARTMENT: Accounting Attend NYS Retirement System Employer Education Seminar Southold Town Board Regular Meeting September 24, 2019 page 13 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christine Foster, Personnel Assistant, and Diana Whitecavage, Senior Account Clerk-Typist, to attend the New York State Retirement System Employer Education Seminar in South Farmingdale,NY on October 17, 2019. All expenses for registration and travel to be a legal charge to the budget (meetings and seminars). ✓Vote Record-Resolution RES-2019-809 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ ❑ Withdrawn James Dcmzio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ 11 Robert Ghosio Voter ❑ ❑ ❑ El ❑ Rescinded ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑- ❑ ❑ No Action ❑ Lost 2019-810 CATEGORY. Budget Modification DEPARTMENT. Assessors 2019 Budget Modification -Assessors Financial Impact: For purchase of equipment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund, Whole Town budget as follows: To: A1355.2.200.250 Board of Assessors Equipment Filing/Storage Equipment $1,800.00 Total $1,800.00 From: A1355.1.300.100 Board of Assessors Assessors, P.S. Seasonal Employees $1,800.00 Total $1,800.00 ✓Vote Record-Resolution RES-2019-810 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Ir Voter 0 ❑ 0 0 Southold Town Board Regular Meeting September 24, 2019 page 14 ❑ Tabled William P Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-811 CATEGORY. Fmla DEPARTMENT.- Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee 44015 effective September 9, 2019 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2019-811 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ 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 Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-812 CATEGORY. Budget Modification DEPARTHENT• Accounting 2019 Budget Modification- Capital (Dean's Parking Lot) Financial Impact: Transfer additional funds for Dean's Parking Lot Change Order WHEREAS the Town Board of the Town of Southold authorized a 2019 Capital project to Southold Town Board Regular Meeting September 24, 2019 page 15 reconstruct Dean's Parking Lot, and WHEREAS the Town's Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the amendment of the 2019 General Fund Whole Town and Capital Buffets as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,700 Total $2,700 To: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $2,700 Total $2,700 Increase Revenues: H.5031.42 Interfund Transfers, Parking Lot Improvements $2,700 Total $2,700 Increase Appropriations: H.5650.2.100.200 Parking Lots Capital Outlay, Dean's Parking Lot $2,700 Total $2,700 ✓Vote Record-Resolution RES-2019-812 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover 1�1 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder, 0 ❑ ❑ ❑ ❑ Rescinded Robert Gltosio Voter ❑ ❑ ❑ Q ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-813 CATEGORY: Budget Modification DEI?4RTAIENT: Trustees 2019 Budget Modification- Trustees Financial Impact: To cover Red Knot bird monitoring fees for the dredging season,pursuant to the requirements of the U.S. Fish and Wildlife Service Special Conditions. Southold Town Board Regular Meeting September 24, 2019 page 16 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.8090.4.100.650 Contractual Expense, Shellfish Advisory $3,000.00 Total $3,000.00 To: A.8090.4.500.300 Contractual Expense, Consultants $3,000.00 Total $3,000.00 ✓Vote Record-Resolution RES-2019-813 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter _ ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 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 2019-814 CATEGORY: Budget Modification DEPARTIVENT: Solid Waste Management District 2019 Budget Modification: SWMD Financial Impact:Shifts authorizations to provide funds for supplies for Morbark Grinder. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.4.100.525 Tires (Payloader/Truck) $1,200 SR 8160.4.100.596 Maint/Supplies CBI Grinder 670 SR 8160.4.400.200 Building Maintenance 1,250 SR 8160.4.400.655 Repairs CAT 966 Loader 500 SR 8160.4.400.811 Stump Removal 500 SR 8160.4.500.100 DEC Env. Monitor 880 Total $5,000 Southold Town Board Regular Meeting September 24, 2019 page 17 To: SR 8160.4.100.597 Maint/Supply Morbark Grinder $5,000 Total $5,000 ✓Vote Record-Resolution RES-2019-814 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosjo Voter ❑ ❑ ❑ El ❑ Town Clerk's Appt Louisa P Evans Seconder IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-815 CATEGORY. Refund DEPARTMENT: Town Clerk Refund of Yard Sale Perfnit Fee RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to Barbara Scura, PO Box 547, Southold,NY 11971 in the amount of$15.00 for a yard sale permit. ✓Vote Record-Resolution RES-2019-815 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ El Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 13 ❑ ❑ ❑ ❑ Rescinded Robert Gltosio Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-816 Southold Town Board Regular Meeting September 24, 2019 page 18 CATEGORY Y. Contracts, Lease&Agreements DEPARTMENT: Engineering Change Order#1 W/South Fork Asphalt-Dean's Parking Lot Financial Impact:Funded by Resolution 2019-799 and Resolution 15574 RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#1 to the contract for the Dean's Parking Lot Improvements with South Fork Asphalt in the net amount of$28,700.00, pursuant to their proposals dated September 6, 2019, and September 13, 2019, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-816 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 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 1 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-817 CATEGORY: Contracts, Lease&Agreements DEPARTMENT• Recreation Hire Fall 2019 Recreation Program Instructor Financial Impact.- Contract for Fall Instructor Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individual for the Fall 2019 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructor listed below has been budgeted for in the recreation department's 2019 instructor line A.7020.4.500.420. Jovan Lehrfeld-Booker (Youth Basketball) $30/hour ✓Vote Record-Resolution RES-2019-817 0 Adopted Yes/Aye No/Nay Abstain absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn .till Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter ❑ ❑ ❑ 0 0 Tax Receiver's Appt Louisa P Evans Voter 2 ❑ ❑ 0 Southold Town Board Regular Meeting September 24, 2019 page 19 ❑ Rescinded Scott A Russell Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-818 CAIEGORY- Contracts,Lease&Agreements DEPARTMENT: Town Attorney Optimum Agreement Phone Lines Financial Impact: Upgrade phone lines at Highway RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and CSC Holdings LLC d/b/a Optimum for the conversion of existing POTS phone lines to SIP lines at the Southold Town Highway Department for an installation cost of One Hundred Eighty Two Dollars and Ninety Five Cents ($182.95) and one year of monthly service for the same at a rate of One Hundred Forty Nine Dollars and Seventy Five Cents ($149.75)per month, for a total amount of One Thousand Nine Hundred Seventy Nine Dollars and Ninety Five Cents ($1,979.95), funded from budget line A.1680.4.200.100, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-818 M Adopted ❑ Adopted as Amended ❑ Defeated " Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmhzio Jr Voter M ❑ El ❑ Supervisor's Appt William P.Ruland Mover M ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl 11 ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Seconder Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-819 CATEGORY.- Contracts, Lease &Agreements DBPARIRIEA17: Town Attorney SUFSD Agreement-Anti Bias Southold Town Board Regular Meeting September 24, 2019 page 20 Financial Impact: Use of room RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Southold Union Free School District allowing the Southold Anti-Bias Task Force to use the Southold High School Library on October 3, 2019 at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-819 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent _ � _ _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ It] ❑ ❑ 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 Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-820 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District 2019 Budget Modification:SWMD Financial Impact:Provide funds for new recycling costs through end of 2019. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.1.100.400 Full Time Employee/Sick Earnings $13,000 Total $13,000 To: SR 8160.4.400.824 Clean Paper Recycle Fees* $12,000 SR 8160.4.400.838 Co-Mingle Recycle Fees 1,000 Total $13,000 *New Appropriation Line Southold Town Board Regular Meeting September 24, 2019 page 21 ✓Vote Record-Resolution RES-2019-820 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 El ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-821 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Town Attorney FIFD Backhoe Agreement Financial Impact:FIFD backhoe RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute an intermunicipal agreement with the Fishers Island Ferry District permitting the Town Highway Department to utilize the Ferry District's backhoe during Highway Department operations on Fishers Island for the period of September 1, 2019 to September 30, 2020, subject to approval by the Town Attorney. ✓Vote Record-Resolution RES-2019-821 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 D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting September 24, 2019 page 22 2019-822 CATEGORY: Contracts,Lease&Agreements DEPARTMENT. Town Attorney Town of Babylon Agreement Financial Impact:Solid Waste Agreement RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to exercise a two year extension of the intermunicipal agreement between the Town of Southold and the Town of Babylon dated July 1, 2015 and set to expire on December 31, 2019, regarding transportation and disposal of the Town of Southold's municipal solid waste, subject to approval from the Town Attorney. ✓Vote Record-Resolution RES-2019-822 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder El ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-823 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT. Town Attorney Belfor Long Island, LLC Financial Impact:Animal Shelter repairs RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the execution of a contract with Belfor Long Island, LLC, for the repairs to the Southold Animal Shelter building pursuant to GML§103(4). ✓Vote Record-Resolution RES-2019-823 Rl Adopted - ❑ Adopted as Amended - Yes/Ave No/Nay Abstain Absent . _ ❑ Defeated .lames Dmizio Jr Voter 21 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder M ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter ❑ ❑ ❑ El ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ 0 Rescinded Scott A Russell Voter 21 0 0 0 Southold Town Board Regular Meeting September 24, 2019 page 23 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-824 CATEGORY- Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 9/16/19 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated September 16, 2019, as follows: FIFD resolution# Regarding 2019 138 Budget Modification ✓Vote Record-Resolution RES-2019-824 21 Adopted ❑ Adopted as Amended ❑ Defeated --.- Yes/Aye No/Nay Abstain Absent ❑ Tabled - - - --- -- ----- --- 0 -❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ lZ ❑ Town Clerk's Appt Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-825 CATEGORY: Budget Modification DEPARTMENT: Accounting 2019 Budget Modification -Engineer Financial Impact: Transfer funds for expansion of Love Lane Traffic study RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: Southold Town Board Regular Meeting September 24, 2019 page 24 From: A.1990.4.100.100 Unallocated Contingencies $43,000.00 Total $43,000.00 A.1440.4.500.100 Engineer, Engineering Surveys $43,000.00 Total $43,000.00 ✓Vote Record-Resolution RES-2019-825 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Duuzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 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 2019-826 CATEGORY. Contracts,Lease&Agreements DEPARTMENT.- Engineering Change Order#1 WIAKRF-Love Lane Traffic Study Financial Impact:Budget modification required to fund change order. RESOLVED that the Town Board of the Town of Southold hereby approves Change Order 41 to the contract for the Love Lane Traffic Study with AKRF in the net amount of$43,000.00, pursuant to their proposal dated September 9, 2019, subject to the approval of the Town Attorney. Funds are available in A.1440.4.500.100, Engineer, Engineering Surveys. ✓Vote Record-Resolution RES-2019-826 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Seconder 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 0 No Action Southold Town Board Regular Meeting September 24, 2019 page 25 ❑ Lost 2019-827 CATEGORY. Budget Modification DEPARTMENT. Highway Department 2019 Budget Modification-Highivay Financial Impact: Transfer of Money RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part Town budget as follows: From: DB.5142.1.100.100 Snow Removal Regular Earnings $20,000.00 DB.5142.4.100.100 Misc. Supplies 100.00 TOTAL $20,100.00 To: DB.5140.1.100.100 Brush & Weeds Regular Earnings $20,000.00 DB.5140.2.200.100 Typewriters/Office Equip 100.00 TOTAL $20,100.00 ✓Vote Record-Resolution RES-2019-827 0 Adopted ❑ Adopted as Amended -- - - - - Defeated Yes/Aye No/Nay j Abstain Absent ❑ Tabled led ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Rl ❑ ❑ El ❑ Tax Receiver's Appt Jill Dohertv Voter 0 El ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ Q ❑ Town Clerk's Appt Louisa P Evans Mover z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-828 CATEGORY. Contracts, Lease &Agreements DEPARTIVIENT: Town Attorney SC Soil& Water Conservation Dist Agreement Financial Impact:Stormivater run-off Southold Town Board Regular Meeting September 24, 2019 page 26 RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute an intermunicipal agreement with the Suffolk County Soil and Water Conservation District for the receipt of grant funds in the amount of$50,000 to be utilized for Stormwater Runoff Remediation Protection on South Harbor Road, subject to approval from the Town Attorney. ✓Vote Record-Resolution RES-2019-828 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ! Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ j ❑ ❑ ❑ 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 2019-829 CATEGORY.- Support/Non-Support Resolution DEPARTMENT. Town Attorney Climate Smart Community Pledge WHEREAS the Town Board of the Town of Southold (hereinafter"Local Government") believes that climate change poses a real and increasing threat to our local and global environments and is primarily due to the burning of fossil fuels; and WHEREAS the effects of climate change will endanger our infrastructure, economy and livelihoods; harm our farms, orchards, and ecological communities, including native fish and wildlife populations; spread invasive species and exotic disease; reduce drinking water supplies and recreational opportunities; and pose health threats to our citizens; and WHEREAS we believe that our response to climate change provides us with an unprecedented opportunity to save money, and to build livable, energy-independent and secure communities, vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and WHEREAS we believe the scale of greenhouse gas (GHG) emissions reductions required for climate stabilization will require sustained and substantial efforts; and WHEREAS we believe that even if emissions were dramatically reduced today, communities would still be required to adapt to the effects of climate change for decades to come, now therefor be it Southold Town Board Regular Meeting September 24, 2019 page 27 RESOLVED that the Town Board of the Town of Southold, in order to reduce greenhouse gas emissions and adapt to a changing climate, does hereby adopt the New York State Climate Smart Communities pledge, which comprises the following ten elements: 1. Build a climate-smart community 2. Inventory emissions, set goals, and plan for climate action 3. Decrease energy use 4. Shift to clean, renewable energy 5. Use climate-smart materials management 6. Implement climate-smart land use 7. Enhance community resilience to climate change 8. Support a green innovation economy 9. Inform and inspire the public 10. Engage in an evolving process of climate action ✓Vote Record-Resolution RES-2019-829 0 Adopted ❑ Adopted as Amended ❑ Defeated - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ i ❑ ❑ ❑ 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 2019-830 CATEGORY: Contracts, Lease &Agreements DEPARTMENT.- Trustees Glenn Just Bird Monitoring Financial Impact•A.8090.4.500 300 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into a one (1) year contract with Glenn Just to conduct Red Knot Bird Monitoring during dredging operations in Southold Town Waters pursuant to the requirements of the United States Fish and Wildlife Service Special Conditions, at a rate of one hundred and twenty five ($125) dollars per hour, funded from budget line A.8090.4.500.300, subject to the approval of the Town Attorney. Southold Town Board Regular Meeting September 24, 2019 page 28 ✓Vote Record-Resolution RES-2019-830 0 Adopted ❑ Adopted as Amended ❑ Defeated — "" - " Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmtzto Jr Voter 0 El El ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-831 CATEGORY. Bid Acceptance DEPARTIIENT: Town Clerk Accept Bids of Grade A. Petroleum Corp for Lubricants and Fluids Financial Impact:Lubricant bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grade A Petroleum Corporation to supply the Town with additional lubricants and fluids for the term of one (1) full year after the bid was awarded, as submitted in the bid and all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2019-831 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmtzto Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-832 CATEGORY: Employment-Town DEPIRTWENT. Accounting Southold Town Board Regular Meeting September 24, 2019 page 29 Hire New Police Officers RESOLVED that the Town Board of the Town of Southold hereby appoints Olivia Barszczewski, Nicole DiVello, and Darren Hinderliter to the position of Police Officer for the Southold Town Police Department, effective with the commencement of the upcoming Police Academy, at a rate of$49,603.00 per annum. ✓Vote Record-Resolution RES-2019-832 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Mover lZ ❑ ❑ ❑ ❑ 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 lz ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-833 CATEGORY.- Enact Local Law DEPARDIENT. Town Clerk ENACT LL Updating Conan Pres Project WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 13th day of August, 2019 a Local Law entitled "A Local Law in relation to Updating Eligible Parcel List of the Community Preservation Project Plan" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to UpdatinIZ the Community Preservation Project Plan" reads as follows: LOCAL LAW NO. 13 of 2019 A Local Law entitled, "A Local Law in relation to Updatinf, the Community Preservation Project Plan". Southold Town Board Regular Meeting September 24, 2019 page 30 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose-The following property is proposed to be added to the existing List of Eligible Parcels included in the Community Preservation Project Plan. This undeveloped parcel with an address of 12500 New York State Route 25, SCTM # 1000 - 114.-11-17 is located at the northeast corner of New Suffolk Avenue and Route 25, Mattituck, NY. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, the establishment of parks, nature preserves or recreational areas. H. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13 Community preservation project plan adopted. [Amended 2-4-2003 by L.L. No. 2-2003; 4-12-2005 by L.L. No. 5-2005; 1-31-2006 by L.L. No. 2-2006; 9-9-2008 by L.L. No. 11-2008; 9-23-2008 by L.L. No. 13-2008; 8-23-2016 by L.L. No. 9-20161 G. The Town Board of the Town of Southold hereby approves and adopts the August/ September 2019 update to the Community Preservation Project Plan, which adds one parcel to the List of Eligible Parcels. The text of the revised plan adopted by the Town Board in 2016 shall remain as adopted in 2016. The August/September update shall supersede all previously adopted and amended plans. 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-2019-833 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Rescinded Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Southold Town Board Regular Meeting September 24, 2019 page 31 2019-834 CATEGOR Y.• Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 280-AHD WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 27th day of August, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District" which reads as follows: LOCAL LAW NO. 14 of 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to update the eligibility requirements. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: §280-30. General regulations and requirements C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be placed in a lottery system Foust beregistered Town of Southold Registry, administered by the Government Liaison Officer. There shall be a priority for Southold Town Board Regular Meeting September 24, 2019 page 32 qualified active members in good standing with a minimum of three (3) years of service as volunteers in an agency providing firematic protection, emergency medical or ambulance services in the Town of Southold in a formula acceptable to the Town Board. 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-2019-834 ❑ Adopted 0 Adopted as Amended ❑ Defeated El Tabled - Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 834 SUPERVISOR RUSSELL: Yes, I did (inaudible) some discussion publicly well, what about LPN's and all these other things. We are not trying to create people who are you know, more worthy to the community than others. Affordable housing is a challenge everywhere but firemen are volunteers and the roles are shrinking and we have to do what we can to reverse that trend. I vote yes. 2019-835 CATEGORY. Enact Local Law DEPARTMENT. Town Clerk ENACT LL Chapter 280, Sections 13C and 17C WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 5th day of September, 2019 a Local Law entitled, "A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) `Accessory Uses' of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm,operations" and Southold Town Board Regular Meeting September 24, 2019 page 33 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled," "A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) `Accessory Uses' of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations". LOCAL LAW NO. 15 of 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) `Accessory Uses' of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Town Board recognizes the unique challenges faced by bona fide aquaculture/mariculture farm operations with regard to the ability to directly market their produce compared to agricultural farm operations that can utilize on farm marketing opportunities. The purpose of this local law is to give bona fide aquaculture/mariculture farm operations the ability to directly market their produce by allowing direct marketing of their produce at the primary residence of the owner of a bona fide acquaculture/mariculture farm operation and at a bona fide agricultural farm operations § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following_ C. Accessory uses, limited to the following uses and subject to the conditions listed in 280-15 herein: (1) Any customary structures or uses which are customarily incidental to the principal use except those prohibited by this chapter. (14) Direct marketing of aquaculture or mariculture products, subject to the following requirements: (a) Only bona fide acquaculture/mariculture farm operations may engage in the Southold Town Board Regular Meeting September 24, 2019 page 34 direct marketing of aquaculture or mariculture products pursuant to this section; (b, A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations,but not both: (1) a parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, or; (2) aaparcel used as part of a bona fide farm operation located on State Route 25 ("Main Road") or County Road 48 (the "North Road"); (c) only products grown by the bona fide aquaculture/mariculture farm operation may be sold; (d) Notwithstanding anything set forth elsewhere in this article, a temporary display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, subject to the following requirements: (1) the display area shall not exceed 100 square feet and may not be enclosed; (2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the display area; (3) no generators may be used to supply electric power to the display area. § 280-17 Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. Accessory uses, limited to the following: (1) Same as § 280-13C of the Agricultural-Conservation District. Direct marketing of aquaculture or mariculture products, subject to the following requirements: (a) Only bona fide acquaculture/mariculture farm operations may engage in the direct marketing of aquaculture or mariculture products pursuant to this section; (b) A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations, but not Southold Town Board Regular Meeting September 24, 2019 page 35 both: (1) a parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, or; (2) a parcel used as part of a bona fide farm operation located on State Route 25 ("Main Road") or County Road 48 (the "North Road"); (c) only products grown by the bona fide aquaculture/mariculture farm operation may be sold; (d) Notwithstanding anything set forth elsewhere in this article, a temporary display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, subject to the following requirements: (1) the display area shall not exceed 100 square feet and may not be enclosed; (2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the display area; (3) no generators may be used to supply electric power to the display area. Same as § 280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts. [Added 12- 5-2017 by L.L. No. 20-2017] 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-2019-835 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn fill Doherty Voter ❑ ❑ 0 ❑ ❑ Supervisor's Appt Robert Ghosio Voter ❑ ❑ ❑ D ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Board Regular Meeting September 24, 2019 page 36 ❑ No Action ❑ Lost Comments regarding resolution 835 COUNCILMAN RULAND: As the liaison to the Agricultural Advisory Committee, I cheerfully and gratefully vote aye. SUPERVISOR RUSSELL: Jill, I want you to know I understand your concerns, actually oyster growers have been able to sell oysters for years now but they would have to have been tied to a farmstand operation, an existing farmstand. So I vote yes. VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:27PM in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio 1. PH 9/24 7:00 Pm Chapter 280 -AHD This public hearing was declared closed at 7:36 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio Councilwoman Jill Doherty COUNCILWOMAN DOHERTY: NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 27th day of August, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District' and NOTICE IS 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 24th day of September, 2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. RESOLVED that the Town Clerk is authorized and directed to forward the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection Southold Town Board Regular Meeting September 24, 2019 page 37 with Affordable Housing District" to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District" 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 Affordable Housing District" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to update the eligibility requirements. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: §280-30. General regulations and requirements C. Eligibility (non-age-restricted). In each AHD,the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be placed in a lottery system must be-registered in the Town of Southold Remy, administered by the Government Liaison Officer. There shall be a priority for qualified active members in service as volunteers in an agency providing firematic protection, emergency medical or ambulance services in the Town of Southold in a formula acceptable to the Town Board. 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. We have some correspondence from the Chairman of the Planning Board, "Thank you for the opportunity to provide comments on the above referenced local law. The Planning Board supports the proposed legislation." And then we have an affidavit showing it was advertised on Southold Town Board Regular Meeting September 24, 2019 page 38 the Town Clerk's bulletin board and an affidavit that it was published in the Suffolk Times on 9/5/19. And that is all I have. Supervisor Russell SUPERVISOR RUSSELL: I would ask anybody who would like to comment on this local law to please feel free? Rona? Rona Smith RONA SMITH: My name is Rona Smith and as you know I used to be chair of the Housing Advisory Commission. And I would like to speak on this issue because I think it's a very important one for the town and its residents. I know that all of these first responders are very important to our town and in many instances, they save lives so they are important to the town. However, these apartments are going to be made available to families for the rest of their lives if they so desire. The commitment to be a first responder is something that's rescindable through lots of circumstances and it means that this is not a permanent situation for this individual, so I think to give preference for first responders would put in any development that's done because the developments are limited in general to 24 units per location, that means that 24 units could easily be filled by the one preference group. And not giving an opportunity for other citizens to have benefit for this housing that is something that everybody in the town is calling out for. So this is sort of like having gold bricks on the street and saying only certain people can get those gold bricks and I just think it's a slippery slope, a bad way to go in terms of the few instances of affordable dwellings that we manage to come up with and also I think this would not at all be applicable to Vineyard View, so if anybody thinks it's going to be available next year for Vineyard View, that's not correct because when that plan was written and approved and they were awarded federal low income housing tax credits, the tax credit application process requires that they, that any marketing concomitance that they come up with have to be submitted as part of their application. If there were going to be any preference (inaudible), it needed to be announced at that juncture. There's no way to go back and change that because that has already been funded with $22 million in affordable housing tax credits. And that's not possible, so you can't really change that and that isn't an affordable housing district, it's in a hamlet density district. So it's not applicable to Vineyard View but for future developments, I just think it's a bad precedence and it would literally fill up any units that we could provide. Thank you. SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular local law? Anne Murray, East Marion ANNE MURRAY: Hi, I am Anne Murray from East Marion. I was going to salute you for passing this but I didn't think of what Rona just brought up, so it would not be applicable to the new development going up in Greenport, is that correct? SUPERVISOR RUSSELL: No, Vineyard View actually would have the selection process dictated by New York State because of the New York State tax credit. Southold Town Board Regular Meeting September 24, 2019 page 39 MS. MURRAY: Okay. So it wouldn't apply to that. If other affordable housing is built, this would apply to that. SUPERVISOR RUSSELL: Yes. MS. MURRAY: And she brought up a very good point, I mean, as I said I was all ready to get up and salute you because in East Marion we have a terrible problem where the first responders can't afford to live in East Marion. We have no affordable housing left and we haven't for many years. However, if this was a permanent thing, if someone's circumstances change and you know, what if they win the lottery and then they drop out of the fire department? Do they still have their affordable housing? I think you need to think of unintended consequences here. SUPERVISOR RUSSELL: I would agree. Let me just, there's two issues, first there was going to be the minor change I was proposing tonight where it would require firemen three years in good standing. That was a request of the fire chief's council. Secondly, it goes through annual qualification just like income. If income changes, people no longer qualify. If their status as a good standing member of the fire department no longer is in place, then they would no longer qualify. MS. MURRAY: So then they would lose their affordable housing? SUPERVISOR RUSSELL: Yes. MS. MURRAY: Oh, okay. SUPERVISOR RUSSELL: It's just additional criteria that needs to be (inaudible) MS. MURRAY: That takes care of the problem because I was thinking back to the 70's when those affordable homes were built that then became part of the regular marketplace and people sold them for huge amounts of money and it didn't seem fair. Thank you. SUPERVISOR RUSSELL: You are right, 80's and 90's because those (inaudible). I agree. Who else would like to address the Town Board? Jim Kalin,Asst. Chief, Grenport FD JIM KALIN: Good evening. Jim Kalin, assistant chief Greenport Fire Department. The largest hurdle to membership in the volunteer fire service and volunteer ambulance service in this town and this state and across the country is recruitment and retention. We can lure new members with the excitement of volunteering, the (inaudible) program, pension program, social activities and etc. but to keep these new members active, they need a place to live in Southold Town. Greenport Fire Department fully supports this amendment to this. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) Let me just say for the record, this is the first time in probably 30 years of Southold Town Board Regular Meeting September 24, 2019 page 40 knowing him that Craig Goldsmith doesn't have anything to say. No one else would like to be heard on this particular local law? (No response) 2. PH 9/24 7:02 Pm Chapter 280-13 (C) and 280-17 (C) `Accessory Uses' This public hearing was declared closed at 8:08PM RESULT: CLOSED f UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio Councilwoman Jill Doherty COUNCILWOMAN DOHERTY: NOTICE IS HEREBY GIVEN THAT,there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 5th day of September, 2019 a Local Law entitled, "A Local Law in relation to an Amendment to Sections 28043 (C) and 280-17 (C) `Accessory Uses' of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 24th day of September, 2019 at 7:02 p.m. at which time all interested persons will be given an opportunity to be heard and be it further The proposed Local Law entitled," "A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) `Accessory Uses' of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations". LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Sections 280-13 (C) and 280-17 (C) `Accessory Uses' of the Southold Town Code with regard to allowing direct marketing by a bona fide aquaculture/mariculture farm operations". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose The Town Board recognizes the unique challenges faced by bona fide aquaculture/mariculture farm operations with regard to the ability to directly market their produce compared to agricultural farm operations that can utilize on farm marketing opportunities. The purpose of this local law is to give bona fide aquaculture/mariculture farm operations the ability to directly market their produce by allowing direct marketing of their produce at the primary residence of the owner of a bona fide acquaculture/mariculture farm operation and at a bona fide agricultural farm operations Southold Town Board Regular Meeting September 24, 2019 page 41 § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following_ C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. (14) Direct marketing of aquaculture or mariculture products, subject to the following requirements (a) Only bona fide acquaculture/mariculture farm operations may engage in the direct marketing of aquaculture or mariculture products pursuant to this section; (b) A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations, but not both: (1) a parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, or; (2) a parcel used as part of a bona fide farm operation located on State Route 25 ("Main Road") or County Road 48 (the "North Road"); (C_only products grown by the bona fide aquaculture/mariculture farm operation may be sold; (d) Notwithstanding anything set forth elsewhere in this article, a temporary _display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, subject to the following requirements: (1) the display area shall not exceed 100 square feet and may not be enclosed; (2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the display area; (3) no generators may be used to supply electric power to the display area. § 280-17 Use regulations. Southold Town Board Regular Meeting September 24, 2019 page 42 In an R-40 District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. Accessory uses, limited to the following: (1) Same as § 280-13C of the Agricultural-Conservation District. Direct marketing of aquaculture or mariculture products, subject to the following requirements: (a) Only bona fide acquaculture/mariculture farm operations may engage in the direct marketing of aquaculture or mariculture products pursuant to this section; (b) A bona fide acquaculture/mariculture farm operation may engage in the direct marketing of their produce at one of the following locations, but not both: (1) a parcel containing a single-family dwelling that is the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, or; (2) a parcel used as part of a bona fide farm operation located on State Route 25 ("Main Road") or County Road 48 (the "North Road"); (c) only products grown by the bona fide aquaculture/mariculture farm operation may be sold; (d) Notwithstanding anything set forth elsewhere in this article, a temporary display area located in the front yard of the parcel may be used in connection with direct marketing taking place at the primary residence of the owner of a bona fide aquaculture/mariculture farm operation, subject to the following requirements: (1) the display area shall not exceed 100 square feet and may not be enclosed; (2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the display area; (3) no generators may be used to supply electric power to the display area. Same as § 280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts. [Added 12- 5-2017 by L.L. No. 20-20171 III. SEVERABILITY Southold Town Board Regular Meeting September 24, 2019 page 43 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. We have an affidavit that it was posted on the Town Clerk's bulletin board and an affidavit from the Suffolk Times that it was published in the September 12th edition. And we have an email from Karen Rivara, who cannot be here tonight. I am not going to read the whole thing but she is in favor of this and requests that we approve this. That is part of the record, the entire letter. That is it. Supervisor Russell SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular local law? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Jill? COUNCILWOMAN DOHERTY: Yes. MR. SCHWARTZ: The letter is part of the record? COUNCILWOMAN DOHERTY: Yes, sir. MR. SCHWARTZ: Who read the letter? COUNCILWOMAN DOHERTY: We have all read the letter. MR. SCHWARTZ: The Town Board has? COUNCILWOMAN DOHERTY: Yes. MR. SCHWARTZ: But the public has not. COUNCILWOMAN DOHERTY: We received it on September 20th MR. SCHWARTZ: This is a public open meeting. Has that been accessible and available for people to read... COUNCILWOMAN DOHERTY: It has been part of the record since September 20th, when we received it. If you want me to read the details I will but basically... Southold Town Board Regular Meeting September 24, 2019 page 44 MR. SCHWARTZ: If you want to incorporate it into the record, it should be presented to the public... SUPERVISOR RUSSELL: With all due respect, I think part of the public hearing is the people have the right to be heard but is it a fundamental right for other people to hear those people as well. Bill, I am going to defer to you but I am completely unaware of the necessity to read every letter that's in the record. TOWN ATTORNEY DUFFY: I agree,there is no requirement to read the letters into the record, it's part of the record. It's in the clerk's file... SUPERVISOR RUSSELL: Their comments are directed to the Town Board... MR. SCHWARTZ: So they are already in the record whether you presented them or not. I mean, basically what you said is while she agrees with it.... COUNCILWOMAN DOHERTY: Inaudible. MR. SCHWARTZ: That doesn't, there's got to be more, some kind of reason or basis... SUPERVISOR RUSSELL: Inaudible. MR. SCI4WARTZ: Inaudible. To make it worthy, to make the letter worthy of spending time talking about and reading it, I don't this it's.... SUPERVISOR RUSSELL: It's not for you or I to judge whether or not the letter is worthy, it is part of the public record. People have the right to comment to the town, to submit their comments to the Town Board. The public has the right to submit their comments. The public is inherently given the right to hear the rights of others as part of the public record. It's not for you or I to judge whether it's worthy of reference. She expressed support for the legislation and that's satisfactory for the public hearing. MR. SCHWARTZ: I didn't hear it. Sorry. Bengal Sadis, Southold BENGAL SADIS: Good evening, my name is Bengal Sadis, I live here in Southold and I want to read Karen Rivara's letter in support of this. Karen could not make it tonight but she actually worked really hard on this issue. The letter states, "Dear Supervisor Russell and members of the Town Board, I am writing to express my support for the proposed code change to chapter 280-13 C and 280-17 C `Accessory Uses' which would allow for the roadside stand for aquaculture mariculture. I will be out of the country on September 24 and will be unable to appear at the scheduled hearing. As a member of the Town's Agricultural Advisory Committee, I have been working on code that would allow direct market sales opportunities for our local shellfish farmers. We have been working on giving aquaculture/mariculture farm operators the opportunity to direct market their products since 2014. There have been concerns expressed by Southold Town Board Regular Meeting September 24, 2019 page 45 the town code committee regarding oyster raw bars and farmstands. A roadside stand was settled upon as a first step that the code committee would be comfortable with. The shellfish farmer is unable to sell their products at a farmstand located on their farm as it is underwater and often at least 1,000 feet offshore. Allowing a farmer to set up a roadside stand at their residence or on a leased piece of property on Route 48 or Route 25 gives them the opportunity to earn the most money possible for their products. Farmed shellfish is expensive to produce and growers need every opportunity to sell their product directly to the consumer. I kindly ask you to pass this code. It will allow growers to capitalize on this opportunity during this fall's harvest season when many tourists come to our town specifically to enjoy the products we all grow and harvest. Respectfully, Karen Rivara" End of letter. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? David Daly„ Southold, oyster co. owner DAVID DALY: My name is David Daly, I am a Southold resident and founder and co-owner of the Oyster Farm located in Southold bay. I am here today to express my support for the proposed change to allow for roadside stands for aquaculture sales. Roadside stands have been a regular part of my last 39 years here in Southold. These tiny self-serve stands have provided my family with eggs, tomatoes, blueberries and countless other locally grown items direct from local farmers for as long as I can remember. It is only appropriate and long overdue that oysters be included under the roadside stand code. I find it puzzling that the proposal to include farmed oysters in roadside stands has been stalled for so long. I am going to assume that the Board needed this long delay to learn about all the benefits oysters bring to Southold. As I am sure you are aware, Shelter Island has permitted roadside stands for quite some time. The folks on Shelter Island supported and embraced those roadside stands which have helped their oyster farmers stay in business. If the board has met with marine biologists at the Cornell Cooperative Extension right here in Southold, you would know all about the tremendous benefits oysters bring to our waterways. For example, an oyster filters 50 gallons of bay water every single day. Oysters remove harmful nitrogen from the water column and help keep harmful algae blooms out of our bays. Just in my small oyster farm, the oysters 1 grow in Southold bay filter the equivalent of eight Olympic size swimming pools every single day. They do this without pesticides and without fertilizers. New York and particularly Long Island have a long and treasured history with oysters. In Mark Wolanski's book `The Big Oyster' he describes how clean New York harbor was in the 19th century when hundreds of acres of oysteries filtered the harbor on a daily basis. Those reefs are all gone now. Perhaps you have heard of another oyster project in New York which seeks to bring back oysters to those waters to improve water quality and protect from storm surges. Well, fortunately, we already have more than a dozen oyster farms operating here in Southold. Hopefully, you have taken the time to visit some of these oyster farms. If you did, you would have witnessed firsthand the incredible passion oyster farmers have for their work and learn about the challenges they face to stay in business here. These challenges include hefty competition from cheaper, out of state oysters. Enormous start-up costs and low wholesale prices. An opportunity to sell just one extra dozen of oysters per day at a road side stand during the short growing season translates to over $2,000 of incremental income which can be a lot of money for a small oyster farm. One of the biggest supporters of local oyster- farms is the Suffolk Southold Town Board Regular Meeting September 24, 2019 page 46 County aquaculture lease program for (inaudible), it's because of their support and incentives that small oyster farms such as mine have been able to get a start and bring oysters to Southold bay. But as I am sure you have learned, nearly half of the oyster farms that have secured leases due to the (inaudible) plan over the last ten years are no longer in business. That means no more oysters in those waters. There's really only one conclusion that can be made about oysters and that is that everyone who values clean water benefits from oyster farms and you should do everything you can to help your local oyster farm succeed. Please pass this code without further delay. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this? Matt Ketcham, oyster co. owner MATT KETCHAM: Good evening, my name is Matt Ketcham, I am the owner of Peconic Gold Oysters. I have been in business out here for six years, just closed on a house out here in Cutchogue last year and I think I am in a great spot for a roadside stand. Farming is really great struggle, there's farmstands down the block from me, there's farmstands across the street, they are selling cider, donuts, apples, it's great and I don't hear anybody complaining about that. I just want to sell oysters. I am not shucking anything, I am not serving anything. I am not buying and selling clams, I am not even selling lemons. I just want to sell my oysters, a little bit of extra income like that and also just to be able to get our product direct to the public. I think people will start enjoying oysters more, it will be more normal for people to eat oysters. It will be great for everybody, so I strongly support it. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Charlie Manwaring, Southold Fish Market CHARLIE MANWARING: Charlie Manwaring. I am not sure if I am in favor for it or against it. Obviously you guys know I own the Southold Fish Market. When I went into business, I needed the Marine II to sell clams and oysters and things like that. And I am paying business taxes here in this town. And as the gentleman just said, it's a business now. So, business taxes. That's my one thing. My second concern is, I have seen a couple of them and they are out in coolers, where are they getting the ice. Where are the people when they buy them putting them? Going back to the city, are they putting them in the trunk with no ice. Somebody gets sick, that kind of puts a tarnish on our town. When you come to my fish market, I have DEC regulations, I have Ag and Market regulations, I have temperature control coming in, coming out. You know, ice, I mean I guess somebody can take oysters without ice from my shop too but at the same time, that's a concern to me about roadside. And then what's next? They say they want just oysters but now they throw a few clams in the cages and now they are harvesting clams, scallops. What about the fishermen that want to direct fish? This is just, it's a starting stone to be bigger where my fish market no longer, to me, you know, everybody wants a little piece of it and I work hard for what I have got, will their few oysters that they sell hurt me? Probably not but it's a concern to me because it's one stepping stone to the next thing, to the shucking, to the clams, the oysters, the fish and that's my biggest concern with this whole thing. Another thing, it's becoming a business with multiple stops, what happens if my mom has a property in Greenport, Southold Town Board Regular Meeting September 24, 2019 page 47 my dad has a property in Southold, I have a property in Cutchogue, now you have three spots, that's a business. And they are not paying business taxes, they are paying (inaudible) taxes and to me that's a problem because I am paying business taxes here. That's all I have got. SUPERVISOR RUSSELL: I just want to clarify one thing, for the record, they are only allowed one roadside stand. MR. MANWARING: Yes,they are allowed one but there might be multiple... SUPERVISOR RUSSELL: Each producer can only have one. Okay. Who else would like to address the Town Board on this particular local law? Chris Baiz, Southold CHRIS BAIZ: Good evening, members of the Board and Supervisor Russell. My name is Chris Baiz, I live here in the village of Southold. I am currently the chair of the Agricultural Advisory Committee and I am glad that Ms. Rivara's email was read into the record tonight and I think it really points out a dilemma that has been in existence for the shellfisher people by contrast to the farmers who could have their farmstands which were adjacent to or on their farms. And this all came out of an instance a number of years ago, to 2014 or earlier, when a'local shellfisher family who were shellfishing in the waters off Greenport had attempted to bring their oysters in from their underwater farmfields and sell them on shore at their residence and place of business and were promptly stopped by the code enforcement officer, who then said you can only sell your oysters out on your underwater farm. Get in your rowboat and anchor yourself out there. And so this has been a dilemma for a very fledgling industry that SPAT has made a very concerted effort at redeveloping here. At the end of the 19th century, these waters produced a million bushels of oysters annually. At 400 pieced in a bushel, that's 400 million oysters every year. Help me out guys, are we at 7,000 bushels now annually? Anybody have a sense about that? Or so, we are down to about 7,000 bushels. And again, I stress that all of this is an opportunity for the community of this town to utilize its natural resources in a wealth growing manner, where we can create value out of nothing except pumping a lot of water out of the bay and selling a very excellent product. As far as some of the comments about safety concerns, you members of the town board and also other members of the code committee have all seen documentation from the DEC on all the various permits that are required of these businesses as well as the regulations they must follow in terms of temperature control as well as other safety requirements. So obviously this is something that is ready to get on the books now, I think it's important that we recognize that this will give these small businesses the opportunity to develop and potentially expand. If we could just get two or three dozen growers to an average state of one million oysters a year, you are going to have a lot of additional employment because it's a year round business and the scales of businesses like that and it will allow a number of people be hired by the growers in order to market their product. And of course, at the roadside stand concept in these residential zones, this is just a beginning. The hope is that they will be successful enough at that level that they will be able to go on to compete with Charlie. And have bigger operations for the future and add value to the community in terms of employment and being able to support oneself in the community. So the Agricultural Advisory Committee is fully supportive of this, Southold Town Board Regular Meeting September 24, 2019 page 48 we look forward to your passage of this amendment to the Agricultural side of the industry and we look forward to your positive response. Thank you. SUPERVISOR RUSSELL: Thanks. Chris, I was going to hold off on my comment until the close of the hearing but I know as the chairman of the Ag Advisory Committee, I just want to remind everyone that this law has been languishing and languishing and the town is not taking any action. Let's understand the history here, first of all, it's 2013 not 2014, the original issue came up with regard to oyster farmers having farmstands. Then we go to the discussion well, how do you define oyster grower versus harvester? Then we need to define what is an oyster grower with a permit and all this and then we said let's shift it to roadside stands. Easier than feathering it into (inaudible) code. Okay, so we are going to shift it to roadside stand, oh, then, wait a second, we don't have a definition for roadside stand so we are going to need to do that before we are going to let them have roadside stands. Oh, okay, well, we don't have roadside stands definitions and then while we are at it, we need to review all of the definitions of the agricultural code which is then what we did and then we thought, okay, now that we have a farmstand definition, oh but we need farmstand licenses. So that's what we did then. In other words, this wasn't that it was just languishing and an unwillingness of this Board.... MR. BAIZ: No, no. I meant... SUPERVISOR RUSSELL: It was all a host of issues... MR. BAIZ: Certainly not. SUPERVISOR RUSSELL: We focus on this and then find out this needs to be done and once we find out this needs to be done, that needs to be done and this Town Board takes the direction and the priorities of the Ag Advisory Committee. After we closed on the processing, I was the first one to say okay, we are done with this. Karen has gotten pushed to the side long enough, let's get it done. We got it done. MR. BAIZ: Yes, it's a process of climbing the stairs, we take one step at a time and this is in its right place now. SUPERVISOR RUSSELL: And building stairs. MR. BAIZ: There you go. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Stephen Schnay, Southold, oyster co. owner STEVEN SCHNAY: My name is Steven Schnay, I live in Southold and I have a small oyster farm. I just want to ask and encourage you guys to support this. This basically is, I have a small business and this is an opportunity to give businesses a little bit of traction. And there is a ripple effect, I hire a helper, I gave a job. I purchase equipment from North Fork Welding, helps their economy and I buy seed from a local hatchery, so it's, for me to try to grow a business, it's giving a little bit of traction. And with all due respect to my good friend Charlie, who has the Southold Town Board Regular Meeting September 24, 2019 page 49 best seafood market and restaurant on the east end, he has my commitment that I won't encourage anyone who buys anything but oysters to buy every bit of other seafood that they could possibly want from the best seafood market in town. I encourage you to support this. SUPERVISOR RUSSELL: Thanks. Who else would like to address the Town Board? You did speak on it first, Benj a, so I am going to have anyone who hasn't spoken yet to please feel free. Elizabeth Peoples, Southold ELIZABETH PEEPLES: Hi, good evening. my name is Elizabeth Peeples and my wife and I moved out here about a year ago, we purchased an oyster farm and we bought a home here in Southold, so we are very much a part of the community and what we were so excited about when we moved here is how supportive the whole area is for aquaculture and for growing oysters and that was something very appealing to us when we moved out here. With all that said, it's between the Suffolk County Aquaculture Lease Program, the Cornell Cooperative Extension Program, various other programs, we have felt that support and we ask that you show us that support as well by allowing us to have these roadside stands. Our home is close to one of the beaches, so we see a lot of benefit for our farm and ourselves to be able to have this roadside stand where you know, the people coming back from the beach in the summer, they, to learn about oysters I think one of the things that's most interesting is educating people and you know, to be able to, you know, for people to be able to bring oysters home and to shuck them themselves and I think there's something that's very promising about that. obviously we would just be selling the oysters themselves, nothing else as Matt said, no lemons, no knives but you know, maybe we include a little pamphlet that shows them how to do that and anyway, we also support this and thank you for your time. SUPERVISOR RUSSELL: Thank you. Stephanie Basset, Southold STEFANIE BASSETT: Hi, I am Stefanie Bassett, I am the wife of Elizabeth Peeples, we live here in Southold. We moved here a year ago from Manhattan, changed industries from interior design and advertising to be local oyster farmers. So it was a giant shift. We came out here, we fell in love with the place, the community and all the people. I've only felt warmth from everybody, including our fellow fanners., The best thing about the industry that I have learned is that everybody works together and helps each other out. And it's because of what it's doing for the environment and what it's doing, it is causing a ripple effect. The more people are learning about it, more people are learning about oysters, more people are learning about how it's cleaning the waters and the change that it's creating. Obviously as first year small business owner, there's all of the things we are learning. We are learning how to do the sales, how to farm, how to do all of the parts and it's just two people doing that for our farm, so part of it is sales, you know, where can we sell, how can we make the money. It's very expensive to start the farm, it's very expensive to keep it going. And this is the one thing that would benefit greatly by getting our product in front of people directly, to be able to talk about our oysters, to be able to talk about our location and how it tastes different from other locations and what it does for the waters and to be in front of people. For us, for any business it is better just to go direct. So we Southold Town Board Regular Meeting September 24, 2019 page 50 just ask that you pass this, that you think about it. We are excited to a part of the community, we hope that we can share it more with the community directly. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Benja Schwartz BENJA SCHWARTZ: I guess I am the only one left, Scott. I would just like to give a mention to the history of oyster farming and the large oyster factories that used to exist in New Suffolk and Greenport and is it Orient or East Marion? COUNCILWOMAN DOHERTY: East Marion. MR. SCHWARTZ: That building is still the, the fate of that building is still, and I believe that possibly the oldest currently continuing to operate oyster farm in the Town of Southold, can someone help me with this? SUPERVISOR RUSSELL: The one in East Marion? The one on Fishers Island? JUSTICE EVANS: The one on Fishers Island? COUNCILWOMAN DOHERTY: There was actually a small one in Orient, too. JUSTICE EVANS: There was? COUNCILWOMAN DOHERTY: It is still there, yes. The little shack on the causeway, it was a fish shack and they did oysters there as well as other fish. MR. SCHWARTZ: So they might start selling there again. COUNCILWOMAN DOHERTY: No. SUPERVISOR RUSSELL: On this specific legislation... MR. SCHWARTZ: If this legislation passes, I think the Fishers Island oyster farm, farm without harm has probably got their distribution channels pretty well figured out by this time but do you think there's a possibility they might take advantage of this legislation on Fishers Island? Would it be possible for them to have a stand on the north fork? JUSTICE EVANS: I sent the legislation to them, they were fully supportive of it, they didn't think they would be able to take advantage of it but they fully supported the legislation. MR. SCHWARTZ: As I do. JUSTICE EVANS: And actually their son, the Malinowski's son who started the farm is heavily involved with the billion oyster project and he has done many presentations on the island and there's a documentary that speaks to the billion oyster project and it's fascinating, if people Southold Town Board Regular Meeting September 24, 2019 page 51 has a chance to watch it. About how it keeps up, they are trying to get New York waters clean again, oyster by oyster. MR. SCHWARTZ: Thank you for mentioning that. I believe there also used to be an industry of oysters in Mattituck inlet and to my knowledge, nobody is farming in Mattituck creek anymore. I don't know if it's even possible considering the water quality but as people have mentioned, the oysters actually help improve the water quality. So whether we eat them or not, possibly the Trustee's or the town might be interested in doing something there to actually have a positive, natural environment and restore some of the... SUPERVISOR RUSSELL: The Town of Southold is actually a sponsor and a financer of the SPAT program and have been for years. I think it's a commitment that the Town Board will support oyster growing. MR. SCHWARTZ: What about Mattituck creek? SUPERVISOR RUSSELL: Well, I can't speak to that, I can't speak to whether, they are certainly under, now we are getting into a technical discussion but I don't think the county program favors the underwater, if I am not mistaken, I think the cages have to be held up, right? The'cages can't rest on the bottom? UNIDENTIFIED: No, they can be. SUPERVISOR RUSSELL: They can be? UNIDENTIFIED: Off bottom, six inches. SUPERVISOR RUSSELL: And there's a lot of boating in there. It's, you know, look, I am not going to go into the qualities of the leasing program. I do know Suffolk County doesn't control Mattituck inlet so I can't speak to whether they would promote it there or not. MR. SCHWARTZ: Well, it's one of the major important creeks in our town. There are many others. Supervisor Russell SUPERVISOR RUSSELL: I would agree and I would invite you at the end of the meeting to discuss the merits of oystering locations. I just want to get back to the specifics of this legislation. So is there any other comment with regard to the legislation itself? (No response) 3. Set PFI 9/24/19 - 7:00 Pm This public hearing was declared closed at 8:10 PM Southold Town Board Regular Meeting September 24, 2019 page 52 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio Councilwoman Jill Doherty COUNCILWOMAN DOHERTY: NOTICE IS HEREBY GUVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 13th day of August, 2019 a Local Law entitled "A Local Law in relation to UpdatinIz Elilzible Parcel List of the Community Preservation Project Plan" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 24th day of September, 2019 at 7:00 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 Updating the Community Preservation Project Plan" reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to Updating the Community Preservation Proiect Plan". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose -The following property is proposed to be added to the existing List of Eligible Parcels included in'the Community Preservation Project Plan. This undeveloped parcel with an address of 12500 New York State Route 25, SCTM# 1000 - 114.-11-17 is located at the northeast corner of New Suffolk Avenue and Route 25, Mattituck, NY. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, the establishment of packs, nature preserves or recreational areas. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13 Community preservation project plan adopted. [Amended 2-4-2003 by L.L. No. 2-2003; 4-12-2005 by L.L. No. 5-2005; 1-31-2006 by L.L. No. 2-2006; 9-9-2008 by L.L. No. 11-2008; 9-23-2008 by L.L. No. 13-2008; 8-23-2016 by L.L. No. 9-20161 G. The Town Board of the Town of Southold hereby pproves and adopts the August/ September 2019 update to the Community Preservation Project Plan, which adds one parcel Southold Town Board Regular Meeting September 24, 2019 page 53 to the List of Eligible Parcels. The text of the revised plan adopted by the-Town Board in 2016 shall remain as adopted in 2016. The Au u�ptember update shall supersede all previously adopted and amended plans. 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. I have an affidavit that this has been posted on the Town Clerk's bulletin board and I have an affidavit from the Suffolk Times that it was published in the September 5th issue. And that's all I have. Supervisor Russell SUPERVISOR RUSSELL: Would anyone -like to address the Town Board on this particular public hearing? (No response) VII. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,June 04, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter 10 ❑ ❑ ❑_ 0 Accepted William P Rul_and Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled RobertGhosio Voter ❑ ❑ ❑ El Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 18, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter 0 ❑ ❑ ❑ 0 Accepted William P R_uland Seconder 0 ❑ El ❑ Accepted as Amended . Jill Doherty Voter Q ❑ 11 El❑ Tabled Robert Gh_osio Voter ❑ El 0 Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter D ❑ b ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 02, 2019 ✓Vote Record-Motion 0 Accepted Yes/Aye No/Nay Abstain Absent 0 Accepted as Amended James Dmnzio Jr Voter 2 0 0 11 Southold Town Board Regular Meeting September 24, 2019 page 54 ❑ Tabled William P Roland Seconder 0 ❑ ❑ ❑ Jill Doherty Voter 0 ❑ ❑ ❑ Robert Ghosio Voter ❑ ❑ ❑ 0 Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,August 27,2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter 0 ❑ ❑ ❑ 0 Accepted William P.Roland_ Seconder z— 0 ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Voter ❑ ❑ ❑ 0 Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 16, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter 0 ❑ ❑ ❑ 0 Accepted William P Rula_nd Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ 0 ❑ Tabled Robert Ghosio Voter ❑ ❑ ❑ 2 Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 30,2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter 0 ❑ ❑ ❑ 0 Accepted William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Voter ❑ ❑ ❑ 0 Louisa P.Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda. Would anybody else like to address the Town Board on any issue? Robert Dunn ROBERT DUNN: Robert Dunn, Peconic. I haven't been talking for a while, I wanted to comment on some points you made and it's kind of appropriate tonight. Bicycle lanes... SUPERVISOR RUSSELL: Right. Southold Town Board Regular Meeting September 24, 2019 page 55 MR. DUNN: I just think it's a good idea. Anytime we can put anything that's dedicated to getting people out of automobiles and I think it's even more appropriate tonight when you voted on that climate smart community pledge, so if we were able to add some bicycle lanes. As you know, I follow the progression of autonomous vehicles. They were the integral part of the eventual coming of that and autonomous public transportation with the last mile access. SUPERVISOR RUSSELL: I will be candid, I was, you know, I am not going to say my motivations were completely pure. The governor has launched an initiative to create 175 miles of bike trails throughout Long Island. I thought had we expanded the' width of the road, we would be able to basically glom on to some of that money.... MR. DUNN: Why not? Why not? SUPERVISOR RUSSELL: Pay for the infrastructure and most importantly, there's not enough road there for the police to do anything. MR. DUNN: Exactly. At some of the trouble points you have, that would be nice to have a little more width. SUPERVISOR RUSSELL: If you want the (inaudible). MR. DUNN: Absolutely. Absolutely.- But anyway, I think it was positive. SUPERVISOR RUSSELL: You are about the only other one than me. You and I were the only two that thought it was a good idea. MR. DUNN: Keep joking and then they will understand where it's a good thing. My primary reason for stepping up tonight; you have probably got some contacts about the Army Corps studying Goldsmiths? SUPERVISOR RUSSELL: Yes. MR. DUNN: And they have where they were originally saying they could do it from discretionary funds, turns out that either somebody said no they can't or they actually can and it now has to go on to a budget and I would just request that you guys might contact Zeldin's office and ask him... SUPERVISOR RUSSELL: We've actually already organized a meeting that's going to include federal representative, Army Corps representatives, state, county and town representatives. MR. DUNN: I mean, the condition there, the condition there from my perspective has actually gotten good because as the mouth goes to the east, the beach grows in front of my house and that's a good thing for me.... Southold Town Board Regular Meeting September 24, 2019 page 56 SUPERVISOR RUSSELL: Yes, it's the same thing every year. The Army Corps says they will pursue it if the town shows interest. The town writes a letter of interest saying we support it 100%. Nothing happens. Then a year later, well, it's a new year, we'll pursue it if the town shows interest. I've been resigning the same letter. That's why I need to,put everybody in one room and resolve this once and for all. MR. DUNN: Whatever you can do, you can do. SUPERVISOR RUSSELL: We are having a joint meeting of all.... MR. DUNN: And it's just that they, are the big guns and if you think you can get some perspective on it, maybe we can finally put this thing to rest. SUPERVISOR RUSSELL: We are hosting a meeting and I will make sure you know about it. MR.-DUNN: Okay. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? MR. DUNN: And one more thing. There's oysters there. SUPERVISOR RUSSELL: Pardon? MR. DUNN: There's oysters there, on the armament. They were never there before but this past year or so. SUPERVISOR RUSSELL: Interesting. MR. DUNN: Since you were.talking about oysters. UNIDENTIFIED: I have got to give my support to Southold Fire Department you know, with the affordable housing but I would also like to bring up about resolution 829, about the climate smart community, I think I came before you before regarding trees. Give you oxygen,-trees suck up carbon dioxide. In Southold we have no ordinance for trees, trees are coming down left and right all over. If you want to have things to help our environment, I think we have to do something with the trees around here. People coming into this town are just clearing out the properties and you know, the trees are sucking up carbon dioxide, they are giving us oxygen, so if we are going -to go green, I think we should do something with the environment to try to protect the beauty of our town. SUPERVISOR RUSSELL: That's a good idea. I know Jill Doherty has put a great deal of effort in working with the Tree Advisory Committee to address the issue. This particular pledge that we just took is all encompassing, so we would include issues like that. Who else would like to address the Town Board on any issue? Benja Schwartz Southold Town Board Regular Meeting September 24, 2019 page 57 MR. SCHWARTZ: There was a slight problem with that resolution Jill read very beautifully, read the word likelihood, I think it was supposed to be livelihood. So there's a typo in 'the agenda. What is going on with the Town of Southold Stormwater Management Committee? SUPERVISOR RUSSELL: We actually have engineers who have already identified projects through those programs that are doing, creating priority lists and going out and mitigating stormwater runoff. There's two components, stormwater runoff basically that is into water bodies, the second priority would be mitigation in areas that provide unsafe conditions. But we continue to invest money each year. MR. SCHWARTZ: Is that the committee that Glynnis Berry was chairing? SUPERVISOR RUSSELL: No, that's the water conservation. You are 'talking about water conservation. But we decided to go in a new direction with that. The reality is we think at this point, we think the committee has reached out as far as they could. We think it would be more effective now to partner with organizations that do that for a living with a great deal of knowledge including groups like she oversees which is Peconic Greengrowth, have partnerships and forums on the Suffolk County Water Authority and other groups, not-for-profits and government groups that can bring a great deal of knowledge and insight through forums to the community. MR. SCHWARTZ: They couldn't work with the committee... SUPERVISOR RUSSELL: Inaudible. MR.SCHWARTZ: Is the committee still in existence? SUPERVISOR RUSSELL: No. MR. SCHWARTZ: Was there any express action.... SUPERVISOR RUSSELL: There might be... COUNCILWOMAN DOHERTY: I don't think we dissolved it, it might be inactive. SUPERVISOR RUSSELL: Inaudible. COUNCILWOMAN DOHERTY: Part of the reason, the laws have changed and the town's and local municipalities have to do regular reporting and we needed engineers to do that, so it turned out the engineers were doing most of the work that the committee used to be doing, so this board decided to go in that direction. SUPERVISOR RUSSELL: Also, the thing is, all this focus lately on committees. We had like three committee members there, two of which serve on the board of Peconic Greengrowth. So Southold Town Board Regular Meeting September 24, 2019 page 58 wouldn't it just make sense at this point to partner with that as an independent organization? She has the powerpoint, she has a book.... MR. SCHWARTZ: Just trying to find out what's going on. I looked on the website and I saw that her term as chairperson had expired but there was nothing... SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: I couldn't find anything else. So I am spending a lot of time trying to figure out what you are doing. SUPERVISOR RUSSELL: Housecleaning. That's housecleaning. MR. SCHWARTZ: Last week I called the, someone in the town, and I was asking about Louisa Evans. When does her term expire? JUSTICE EVANS: I have another two years. MR. SCHWARTZ: 2021 right? JUSTICE EVANS: I think it ends in.... SUPERVISOR RUSSELL: December 31, 2021. MR. SCHWARTZ: There were two places on the website because Louisa is the justice as well as a Town Board member and in both places it says the term expires December 31, 2017. 1 don't know how long that takes to correct but I think in a few weeks it could be updated. SUPERVISOR RUSSELL: I am going to talk to Accounting tomorrow, she's got a lot of money to pay back. MR. SCHWARTZ: Alright, speaking of time, I know we want to go home but I don't know how many of you noticed or heard about the article September 22, two days ago, in the New York Post down in the city on Steven Soloviev... SUPERVISOR RUSSELL: Soloviev? Yes. MR. SCHWARTZ: Did you read it? SUPERVISOR RUSSELL: No, honestly I read the cover- of New York Post for entertainment when I go into King Kullen and that's about as deep as I get into it. COUNCILMAN DINIZIO: I read the whole thing. MR. SCHWARTZ: Very interesting. Southold Town Board Regular Meeting September 24, 2019 page 59 COUNCILMAN DINIZIO: Yes, he sounds like a pretty interesting person. Inaudible. MR. SCHWARTZ: Inaudible. Owns allegedly over 1,000 acres of land on the North Fork. I think we need to take into account what he intends to do, what he is doing. SUPERVISOR RUSSELL: He's made no secret of it, he wants to get into hemp farming. MR. SCHWARTZ: Well, you can dismiss him with a comment like that, I don't know if you are trying to be funny... SUPERVISOR RUSSELL: I am not dismissing him, I am saying his intent right now, his focus is on hemp farming. 1 am not dismissing that in anyway. MR. SCHWARTZ: Well, shall we ask (inaudible) quote what he was quoted by saying in the New York Post, `he said the North Fork is beautiful, I respect it. I have no plans to change it but that can change in the next five years'. SUPERVISOR RUSSELL: I will be candid, I had a lot of concerns expressed to me and when someone comes in and buys about 1,000 acres, it is disconcerting. Looking and researching, he does seem to be committed to farming in other areas and I know right now his focus is on hemp farming in Southold but obviously, but you can say that about the person that also owns 30 acres but that's always a concern. His reference in the past was if he did any subdivision it would be for a few high end houses with most of the land protected. Also of the 1,000 acres, I believe over 300 the development rights had already been sold on, so that couldn't be developed. But I can't anticipate the goals of someone five years from now. MR. SCHWARTZ: He lives in East Hampton he says he loves it there but his family obviously is into real estate development and it's something to think about. Meanwhile, we have a development going on currently and I know that you are not fluent to or not able to get involved in specific applications but if the application that I was speaking of earlier that I believe should have been rejected by the building department, I would like to hear if some Town Board member maybe would be willing to meet with me and find out why the building department is permitted and why the Trustees are holding a hearing on an application that is not legally permissible for use, it's not legally permissible and if I may, I would briefly like to describe the particular location of this application. So this is a waterfront, not just a waterfront property, this is, I would call it an underwater property. They are claiming to be a one acre property but half of the property is in front of the bulkhead and marshland, underwater at high tide. On the side of the property, the bulkhead extends on two sides on cutting the property in half and also on one side back to the road and that is all marshland. There is a house in one corner right on the water, they want to put the second house in the other corner on the water. Essentially it's half acre property, they want to put two houses there. I don't understand why this application is being allowed to proceed and I don't think that anyone should be working and enabling this application to be processed and I feel like the Town Board should be looking into why there are people in various parts of the town government departments and agencies, boards, that are permitting this, when it's clearly in violation of the law. What was presented in the initial application was they want to Southold Town Board Regular Meeting September 24, 2019 page 60 build a three car garage with an apartment over it, on a property that a single and separate building from the existing house. Is that permissible under current law? COUNCILMAN DINIZIO: Inaudible. Where are they? Are they before the ZBA? MR. SCHWARTZ: The next scheduled hearing I believe next month... COUNCILMAN DINIZIO: What hearing? MR. SCHWARTZ: For the Trustees I believe. And essentially what they are trying to do is legalize the garage with storage space, even though it's well known that that storage space is intended to be converted to an accessory apartment. COUNCILMAN DINIZIO: The Trustees can't approve that. It's not under their purview. MR. SCHWARTZ: It's all,the entire property is in the jurisdiction of the Trustees. COUNCILMAN DINIZIO: Not for an accessory apartment. They would have to go before the ZBA. MR. SCHWARTZ: No, but they are trying to get the house, the building, the structure approved first. With a fictional use that we know.... COUNCILMAN DINIZIO: The guy has the right, okay,to make an application. Now, you have to have trust in your boards to make the right decision. Follow the code. MR. SCHWARTZ: No. If he wants to build a garage with storage space then he can apply for that and that application can proceed, whether it's proper or not or will be permitted or not, I don't know. But they didn't do that, this is an individual that lives on the mainland of New York State that is a partner in a corporation and they've applied for a second house on a small single family waterfront lot, anybody that thinks that's going to end up being affordable, rented as affordable housing.... SUPERVISOR RUSSELL: I have to assume there's nothing in the building permit to indicate that it's going to be built as a second home. So if it's going to be built as a garage with storage over, it becomes an enforcement issue. MR. SCHWARTZ: The application states that it's intended to be a three car garage with accessory apartment above it. Inaudible. To me it's a second... SUPERVISOR RUSSELL: They would have to.......... MR. SCHWARTZ: The existing dwelling already has a garage. SUPERVISOR RUSSELL: They would have to the Zoning Board of Appeals. Southold Town Board Regular Meeting September 24, 2019 page 61 COUNCILMAN DINIZIO: I don't know Benja, I think you are making assumptions here that Benja, really you shouldn't be making now. MR. SCHWARTZ: It's in the paperwork. COUNCILMAN DINIZIO: They are entitled to make an application no matter how crazy that application may be. And all of our boards are entrusted with the law and they present their case, okay, and the board will come up with a decision. I don't think you want to come up and ask the Town Board to say don't have this application on file and allow another one. MR. SCHWARTZ: Well, that's the job of the building (inaudible). COUNCILMAN DINIZIO: That's right. MR. SCHWARTZ: Mike Verity. COUNCILMAN DINIZIO: Yes, the building inspector. MR. SCHWARTZ: And the building inspectors. When you come in, say I come in with a building application and I want to put a nuclear power plant or something, a skyscraper, they are not going to entertain that application. They are going to say denied period. SUPERVISOR RUSSELL: If you question the decision making of the department head, go talk to him. He is an approachable individual. MR. SCHWARTZ: But it appears that he is working with the laws which you are putting into place where it says that it has to be a preexisting building and yet there's no timeframe. There was timeframe, there were timeframes for all of the, even in the... SUPERVISOR RUSSELL: The law hasn't changed. MR. SCWHARTZ: The law has changed. The law has changed at least a half dozen times... JUSTICE EVANS: We took the date out from when the building had to be there. SUPERVISOR RUSSELL: Yes, she corrected me. I stand corrected. MR. SCHWARTZ: I am not sure because there are two laws, there's the law on the accessory apartment inside the residence and then there's a section of that law that applies to an accessory structure. I believe it's either the current law or the pending one but I think it's the current law that you did change that you used to have a time frame and now it just says a preexisting but even if it's a preexisting, when you permit people to apply to build a building with full knowledge that their next step is going to be to apply to use that building for a different purpose, what you are doing is you are splitting up the application which violates due process. Southold Town Board Regular Meeting September 24, 2019 page 62 SUPERVISOR RUSSELL: If they are applying for that and they are applying for an accessory apartment, that would need ZBA approval, ZBA review. COUNCILWOMAN DOHERTY: I am not going to speak to this particular application because I have not seen it, I don't know what it's about except from what you're telling me but I will tell you what the process is, if somebody wants to build a building and it's near wetlands, they apply to the Trustees before they even apply to the building department. So if are telling me they are still in front of the Trustees, I am only to assume that they have not gotten to the building department yet to file their application. SUPERVISOR RUSSELL: I have to be honest, from my perspective, I don't know if they, you know, you are asking us to (inaudible) MR. SCHWARTZ: I am asking you to find out what's going on. SUPERVISOR RUSSELL: To involve people that have the, and if you ask Town Board to start tinkering with the decision making of other boards, that's a very, very slippery slope. MR. SCHWARTZ: That's what legislation is, you guide them and you have policy... SUPERVISOR RUSSELL: Or you could guide them or you could steer them in directions they don't want to go and that's bastardizing the process and the separation of powers. MR. SCHWARTZ: You believe that you can legislate in this area without understanding what is currently occurring. You can change the law without knowing how the current law is being used. You (inaudible)... SUPERVISOR RUSSELL: You are saying the current law is being (inaudible) MR. SCHWARTZ: Inaudible. And now you also want to change the law to ask people to be exclusive occupants. May I ask you are you going to, is this resolution which you have adjourned again tonight which I believe is the same one you adjourned two weeks ago and you know, like a fool I went through it trying to find what was new, there was nothing new. Is there going to be anything new in two weeks for now or are you going to put the same resolution on for a third time without explaining to anybody why you are.... SUPERVISOR RUSSELL: It will not be on. There are a couple of components to it number one, there needs to be public understanding because right now there's public misunderstanding of the law. Secondly, this notion of primary residency, we have to be honest at this point. That's a very fudgeable term. We do have people registering to vote in Southold Town who have spent most of their time in the metropolitan area because they can produce a voter registration, boom, they are a primary resident. Also, because we have a population that maybe eight or nine months of the year live here but claim residency in Florida for tax purposes and lord, I don't blame them, you know, are they a primary resident of Southold or of Florida? Well, if they are here (inaudible) Southold Town Board Regular Meeting September 24, 2019 page 63 MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: I am just saying, exclusively exclusive use wasn't just something that was just to say hey, how can we just open up the barn door? It was to make a distinction, that's essentially what people are doing. Sometimes you have to work within the landscape that you have, if you want to create apartments. If that law needs perfecting, I am all for it. if it needs fine tuning, I am all for it. but remember the at the end of the day, the idea is to promote or the creation of affordable housing and for apartments. Not affordable just apartments because we have no inventory of them in Southold Town and there are people that need them that probably wouldn't qualify for the affordable housing guidelines, so we need both. We need affordable apartments and we need apartment apartments. MR. SCHWARTZ: And I am all for that, and it may be that some of them have waterfront locations and that's fine but there has to be some standards and for you to say if there's exclusive occupancy is as provable and enforceable as, there's no, you cannot just say because someone registers to vote here that this is their primary residence, that is one piece of evidence. That is one piece of proof. But it's not conclusive proof. So.... SUPERVISOR RUSSELL: It says or in the legislation, not and. MR. SCHWARTZ: Right, so it's hard enough to prove primary or principal residence. And it's hard enough to claim that. But I will tell you one thing, that can only be claimed in one place. SUPERVISOR RUSSELL: Yes, I am aware of that. MR. SCHWARTZ: Exclusive occupancy, there's no limit. SUPERVISOR RUSSELL: Yes. Well, I would agree. And if there are imperfections, it should be reexamined. MR. SCHWARTZ: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) Southold Town Board Regular Meeting September 24, 2019 page 64 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:39 P.M. 7L ak �..[, Eliz eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio