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Home My WebLink AboutTB-06/04/2019 ELIZABETH A.NEVILLE �SDFFp(� Town Hall, 53095 Main Road TOWN CLERK �oo� 000y PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�ipl �ao� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING June 4, 2019 7:00 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 4, 2019 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on June 4, 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 1 Councilwoman Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell £ Town of Southold � ,Supervisor Present Elizabeth A.Neville Town of Southold _ Town Clerk Present William M Duffy Town of Southold Town Attorney Present I. Reports II. Public Notices III. Communications IV. Discussion 1. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:01 AM for the purpose of discussing the following matters: Contracts.—Dean Parking Lot, Mattituck Southold Town Regular Board Meeting June 4, 2019 page 2 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 9:12AM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans,Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 3. 9:00 AM -Donald Wilcenski,Heather Lanza and Mark Terry 4. 9:15 AM -Lynn Nyilas 5. 9:30 AM- Craig Jobes and Jeff Standish 6. 9:45 AM-Michael Collins and'Jamie Richter 7. Request for Concept RFP for the Development of a Major Recreational Facility on SCTM# 1000-75-1-6 8. Councilwoman Doherty Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:19 AM for the purpose of discussing the following matters: Proposed Property Acguisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof 10:30 AM -Melissa Spiro, Land Preservation Coordinator Labor-Matters Involving the Employment/Employment History of a Particular Person(S) 11:00 AM -Kristie Hansen-Hightower, Town Comptroller 11:15 AM - Councilwoman Doherty 11:30 AM - Councilman Dinizio Litigation Grimes v. Town of Southold Brinkman Hardware Corp and Mattituck,12500 LLC v. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 9. EXECUTIVE SESSION - Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof Southold Town Regular Board Meeting June 4, 2019 page 3 10. EXECUTIVE SESSION -Labor- Matters Involving the Employment/Employment History of a Particular Person(S) 11. EXECUTIVE SESSION -Litigation 12. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:53 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 13. OPEN SESSION- 10:00 AM-Agricultural Advisory Committee 14. Councilman Ruland Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:53 PM until the Regular 7:OOPM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledge to the Flag Moment of Silence on passing of Rosina Suglia 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, Ghosio, Evans, Russell Special Presentation Recognition of Southold Youth Court Volunteer Peter Franke Opening Comments Supervisor Russell SUPERVISOR RUSSELL: I am going to ask everyone to stand for the Pledge and then after that I am going to ask everyone to remain standing for a moment of silence for Rosina Suglia who had worked for the town for many years. She was probably someone you already met, she worked in the Tax Receivers Office. A very friendly face. We are going to miss her greatly. Southold Town Regular Board Meeting June 4, 2019 page 4 Please rise for the Pledge. What I would like to do before we get to the regular business of the agenda is invite up Lynn Nyilas, our Youth Bureau Director for a special presentation. Lynne Nyilas LYNN NYILAS: I would like to introduce Peter Franke. If you haven't he two years ago the Town of Southold started a program called Youth Court. What Youth Court is, is a diversion program for youthful offenders. We get volunteers from our high schools that serve as jury, as all the positions in court. The attorneys, the bailiff, the judge and we get referrals from our schools, and from the Police. Basically it's a second chance program for students who have minor offenses. Peter is one of our volunteers and this year I was able to nominate a student for the Suffolk County Youth award. So last month we went up island and Peter received this award. It was not only for his volunteering for our Youth Court program but Peter also works for an animal rescue program and he volunteers hours, it's called New York Safe Haven Animal Rescue. He also does beach cleanup at local beaches. He is one of these all-around good kids that deserves recognition and so I was thrilled to be able to nominate him for that and he went up and received his award from Steve Bellone in Suffolk County, so you should be really proud of one of your local community members from Southold High School, he is graduating this year and I know good things are coming. And you are going to receive a special award from the Supervisor Russell. Supervisor Russell SUPERVISOR RUSSELL: Yes. On behalf of the Southold.Town Board, first of all I would like to say you represent Southold Town very well, you represent everything that is the best of this Town. The proclamation, on behalf of the entire Town Board that says that the Town Board of the Town of Southold, on behalf of the residents of the Town of Southold wishes to recognize Peter Franke as the recipient of the Suffolk County Executive Youth Achievement Award, whereas the Suffolk County Executive Youth Achievement Award is bestowed upon students who have demonstrated growth and personal achievement, overcome adversity or have met challenges in an extraordinary manner; whereas Peter, a senior at Southold High School is being recognized for his personal achievement, hard work and dedication to personal growth as a volunteer in the Town of Southold Youth Court as well as his involvement in New York Safe Haven Animal Rescue and whereas Peter has distinguished himself among his peers with his strength and determination. He is a role model for all youth and is a powerful example of inspiration for our entire community, now therefore be it resolved that the Town Board of the Town of Southold hereby congratulates Peter Franke on this significant achievement and extends best wishes on,all future endeavors. That's on behalf of the entire Town Board, I will say proclamations are part of the historic record for Southold Town so this proclamation will be part of the archives of Southold Town. So congratulations. Okay, I am going to invite anybody that would like to comment on any of the agenda items to please feel free. -Please. John Rooney,NFEC JOHN.ROONEY: Good afternoon, my name is John Rooney and I am on the Board of the North Fork Environmental Council, resident of the hamlet of Southold. It's in regard to the accessory use on farmland. We have concerns that the whole thing is just moving too quickly. I would Southold Town Regular Board Meeting June 4, 2019 page 5 like to read this statement if I may, the NFEC is a not-for-profit organization has been working to protect the local environment for over 47 years and we take pride in supporting our agricultural community and we do appreciate the need for innovative thinking and implementation of practices that may go beyond traditional farming in our community. But detrimental impacts to the environment and the community at large need to be considered when the outcome is intensifying the use of the property with the potential of A. damaging resources such as ground water and surface water, increasing traffic, visual benefits and compounding the waste stream with manufacturing by-products. NFEC respectfully requests the following be considered, I know it's a late date tonight but it's something that, continue to consider and think about, that first processing manufacturing uses should not be exempt from state environmental quality review, that the projects regardless of size should be evaluated for impacts on water use, pollutants, operations, volume intensity and contextual appropriateness. A means for expedited clearance could be put into place once a category of small or light uses has been defined. And a plan must be developed to address by-products and contamination issues. We at NFEC believe that by incorporating these recommendations into the proposed legislation, we can help ensure the future of farming in Southold Town while protecting the resources that we all share for generations to come. I would like to submit this statement and also a copy of an article that you may be familiar with already. Glynnis Berry had written it about five weeks ago, which outlines some very specific suggestions along with the issues of water usage and compromising of the land and intensification and whatnot. I underlined certain things in that article that I thought were key, I could hit a few of them if we have time.... SUPERVISOR RUSSELL: The time belongs to the public, so.... MR. ROONEY: Alright. Among the things she says in that article, that was in the Suffolk Times by the way, back on April 21, the evaluated activities should be supported in moderation and you need to carefully consider the value added is not squandered through other losses, meaning losses to the environment, and that the land has a carrying capacity above which degradation occurs and Southold's environment, of course, is extremely sensitive because of the nature of its situation, being narrow and surrounded by water and the other problems of the degradation of surrounding waters plus salt water intrusion from excessive pumping from the aquifer. And Southold is using water at a rate that already hovers at the maximum sustainability and the concern is that this kind of thing might push us over the brink of(inaudible) beginning to get net losses of fresh water which causes salt water intrusion and things of that nature. And also many waste products that can come from the processes, in addition to just simply water use. We are concerned that certain unscrupulous people may take advantage and overdo and again, we don't think that's the majority of the farmers by any sense at all, we support agriculture of course, so we don't want to be misinterpreted thinking this is somehow that people are going to misuse, not at all. But there is a potential for that among certain individuals. And because smart, sensitive development will benefit all if it is properly vetted. One of her suggestions, if the town wants to allow farms to exceed the sustainable level, then it may be forced to offset (inaudible) losses in the future with reductions elsewhere, through zoning or exchange of water rights or wastewater credits or regulation of domestic and commercial water use. In other words, to maintain that balance in the aquifer. That these are things to be thought about should we begin to see excessive pulling of water for processing. Processing and manufacturing uses should not Southold Town Regular Board Meeting June 4, 2019 page 6 be exempt from the state environmental quality review, all projects should require either water meters for on-site wells or connection to public water and possibly we could develop funding through CPF to pay for those meter costs but a way of keeping track of how much water, increased water usage really, will result from this proposal and possibly consider a carefully sited shared facility where farm, so this processing maybe could be done in a more centralized way where it could be done in a more environmentally sensitive way rather than being spread out here there and everywhere. And identify what farmers really needing and develop also a plan to collectively address by-products and contamination issues. So in a way, our statement, we mirror very much on what she has to say but she gives some more specific things, but these are the things that whatever happens tonight need to be continually considered and we just are concerned that maybe they haven't been sufficiently, so if it's alright, I will submit copies of the NFEC statement and the article here in case anybody did not have a chance to see it and I thank you very much. Okay,thank you once again. Adam Suprenat, Southold ADAM SUPRENANT: Hi, Adam Suprenant, Southold. I think I want, I would just like to address the Town Board and just say if we had packaged this proposal or if the proposal was packaged as almost 99 percent of the land can be preserved as farmland and we just want to develop the 1 percent, I think most people would have thought that was a homerun. My second issue is I think we need to be very careful when we take advantage of scientific data that, and reported in a way that skews the facts to make a point and before I go there, I just want to say that I believe Southold Town needs a comprehensive water management plan and it should be, you guys are working on the comp plan and this is a critical area that needs to be addressed. I haven't read anything in it that addresses that specifically but with climate change we don't know if we are going to get less water in the future, we could get more water. It's hard to say right now but there could be more storms and well water, so specifically, I reviewed Peconic Regrowths paper that's on your website, the issues I take up with it are they possibly have underestimated the amount of water recharging the aquifer by as much as 50 percent, okay? Certainly there is a range and the paper uses a study from the mid 1960's and takes what it looks like is a low value for the average yearly recharge, okay? I looked on a USGS website and Peconic Regrowth states that 13 1/2 inches of rain recharged the aquifer every year. As seen on USGS a graphical representation that suggests that the range could be much wider, between 13 and 27 inches of rain, depending on where you are located in Southold and this graphic has Southold broken into one square mile increments. And the color coding is kind of hard, the graphic wasn't well rendered on their site, so it was hard to see it exactly. The second issue I have with data presented by Peconic Regrowth is there's no accounting for their recharge from septic systems as well as the ag water that is used in irrigation that doesn't get evaporated or doesn't combine with the soil and filters through the soil back into the aquifer. So there is more water being resoluble through our septic systems that isn't accounted for in the data. The final point I would like to make is Peconic Regrowth uses an outrageous number for the amount of water used in (inaudible) specifically that (inaudible) okay,'the amount of water used by a facility like a winery or a brewery is five to six gallons per gallon of product and most of that is wash water that would be recycled because most of the wineries have septic systems. So Peconic Regrowth states a number that is 100 times more than that, 40 to 100 times more than that. And I just want to restate what I said at the beginning when I started this, I have nothing Southold Town Regular Board Meeting June 4, 2019 page 7 against Peconic Regrowth and I share their mission. This town and especially the county since they are pumping our water and we don't know if it's all staying here in this town or if it's being pumped into another town or another county, this town needs to have a management plan for its water and it should be (inaudible). Thank you very much. Anne Murray, East Marion ANNE MURRAY: Anne Murray, East Marion. Again, I want to state that I don't believe the unintended consequences of this ag processing law has been addressed. We have to think for all possible effects in order to avoid another disaster like Vineyard 48. And I say that as someone who has lived with the Lavender Farm for a long time. For example, if a farmer is processing, can the public be invited to that? If a farmer makes vodka out of potatoes, will a crowd come if they are invited to a tasting? If this happens with big crowds, the town might not be able to stop the crowds from coming. We know you can't do that already. Perhaps you should add in this law this should not be a public component to the processing because I think it leaves it open for bad actors and again, I have no issues with farmers per se, I think most of the farmers are great people but we know what bad actors can do because we have seen it before. And with no site plan review for buildings less than 3,000 square feet, you won't know the effect of a large processing area until after the fact. If there are bad results, you will have no mechanism to shut it down should problems result. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Randy Wade, Greenport RANDY WADE: My name is Randy Wade, I am in Greenport. I have a masters in urban planning and zoning is one of the most important tools that we learned about in the two year graduate program. I study (inaudible) and it's essential really in protecting against the natural inclination of human beings to be selfish. It's not anything surprising, everybody is a little bit selfish and sometimes you get some people who are very selfish, so when you go about creating a zone change, you want to make sure it's not based on individual opinions. I did not go to the (inaudible), I am not casting aspersions on those committee meetings. There might have been more research than is evident. I did go to the Alcohol and Farm discussions and it seemed to be the sharing of lots of opinions but when you are going to do a zone change you want to base it on facts, you want to base it on data, you want to do research into what the actual needs are and you want to study the pros and cons that whatever alternatives you are coming up with. One question I have is, is there a limit to how long a building could be? The length? Like if you have 3,000 square feet without site plan approval, could it be a 20 foot wide building 1,500 feet long? Could it be a 30 foot wide building, 1,000 feet long? The reason I am asking is we have scenic vistas that are very important to us on our roads but also we have neighbors who have homes, you probably know people who have homes next to farms. And they love being next to farms. The farmers on the North Fork are the best people right now and you can go next door and buy eggs or fruit and vegetables and you put up with the dust from the tractor, you put up with spraying when pesticides are needed, you put up with a lot because you like the bucolic nature, you like the friendly farmer who lives next door. So what happens if the farmer sells to an outsider who is not so friendly? And what if they decide to put up a building that completely blocks your view? Three thousand square feet is bigger than the average three bedroom ranch house, so Southold Town Regular Board Meeting June 4, 2019 page 8 there's quite an ability to do a lot of obstruction of views. Also, I gave you examples, you have been very patient thank you, I assume you have been reading everything I send you. so I, in talking to the farmers that I talked to because that's what one does when one is going to study this to determine the needs, I couldn't find anybody who could come up with anywhere near the square footage of 3, 000 square feet to do processing at their own acreage. There may be that farmer and if any of you have had the chance to come up with one and what he might process on his own farm, I would so love to hear it. Scott, you said the one, Supervisor Russell, the one example you gave me when I asked if anyone had been denied processing because Catapano was approved for processing 10 or 11 years ago and you said that the North Fork potato chips and that is a completely appropriate denial. They are in an industrial area now, they have a factory because that is what processing is. It's when you have machines that do mechanical processes, it's called a factory. And whether a farmer does it or anyone else does it, it's a factory. And we have zones, we have industrial zones, we have commercial zones, we have residential and agriculture, happens to quite overlap. So say you have this building that as of right, 3,000 square feet, will there be smoke? Will there be machine noise, will there be water runoff, can the sewer handle what is going on? I am very supportive of farmers having a little bit of processing and it's just in my interviews, what we are talking about is maybe a commercial kitchen, maybe a two car garage size. It's just very small. It's like what you did with the markets, with a farmstand, if it's 50 square feet, you,don't even look at it. So maybe something really small, you wouldn't even have to look at but for pretty much anything over a few hundred square feet you really should require site plan review and then I know we have talked about maybe later taking a more reasonable look at the overall amount of coverage, lot coverage, that some of these things can have because farmstands, we don't have 3,000 square feet farmstands because it's impractical. If we could just get it to be more realistic, I really thank you very much for not voting on this today. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on the agenda? Louise Harrison LOUISE HARRISON: Good evening, I am Louise Harrison. It's nice to see you all. I watched videos of the hearings on the matter that's being discussed right now. I didn't attend those hearings but I really wanted to study it the best I could. There were an awful lot of excellent arguments made on behalf of the agricultural community and so equally concerning comments made by members of the non-agricultural community. And so I didn't have a lot of time to study this but I have been trying. I was interested in looking at the Southold Town Comprehensive Plan update, so I did and one thing that perplexed me and I know I don't really myself encourage dialogues when someone is standing here and the Town Board is sitting there but I am curious, you don't have to answer me, I am just going to state my curiosity about this. That the date of the update for the Southold Town Comprehensive Plan update on agriculture was February 21 and I think the hearing was the 12"' of February? So the update was 9 days later, or at least that's what is dated here. So a lot of the things that were posted in the 280 code change are shown as recommendations in the update, so there is conformity but I am curious about what came first, it almost, if you went by dates, it seems as though the code change was proposed which came out of a lot of thought of I guess years of deliberation and a lot of input from the agriculture community and then it looks as though the draft comprehensive plan update was meant to Southold Town Regular Board Meeting June 4, 2019 page 9 conform with the code change instead of the other way around which would have made me feel more comfortable but I don't know the answer to that. I am just saying that's the appearance. There is a section of the update, 1.1 under objectives, number 2, which is referring to reviewing the town code and under the letter B, broaden the town code to specifically allow on-farm processing of any type of crop into retail and wholesale ready products and gives suggestions about pies and preserves and chips and wines and beer and vodka, including the processing of livestock. That's the part I am a little concerned about specifically. I share the communities concerns about the non-agricultural communities concerns about the size of facilities. I heard in the testimony about how the 1.5 % lot size for a building was arrived at, so there was thought that went into that but I can also understand the fear some people have about how big that could be. I also heard people previously being concerned about potential processing of livestock. I know some of it is already processed here. I buy cheese from Catapano, I know that there are chickens that are processed as well. I wouldn't really want to have large animals processed on the North Fork mainly because of the water concerns. I am not sure what the health department or other regulators would do to handle that. I worked at the health department at a time when there wasn't any processing of livestock going on in Suffolk County that we dealt with, so I don't know the answer to that. So these are my concerns and thank you for letting me express them. I think this is a very tough situation because we all love the agriculture here on the North Fork and we want it to be thriving but we all know that we can't be here without clean water and ample clean water. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Mark VanBourgondien,Peconic Mem Ag Adv Comm MARK VANBOURGONDIEN: Marls VanBourgondien, we have a greenhouse operation in Peconic. I am also a member of the Ag Advisory committee. I look forward to you supporting this for farmers on the North Fork. It is a long time coming. I am a little concerned about the view that everybody loves the farmer but they don't want them to change. Limited change, nothing drastic. It's like you are asking us to tie one hand behind our back and operate. It is not going to happen. Too many restrictions will hamper it and it will falter. In the early 70's, my family moved out here because we were pushed out from the west end. So we came east looking for a better life. More friendly opportunities. We found it, Southold was a perfect spot. Our family has thrived, (inaudible) generations here. Without this processing and moving forward, I am afraid farmers will get pushed out. Everybody says they love the farmers but it's not really being shown. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any of the agenda items? Kathryn Sepenoski, East Marion KATHRYN SEPENOSKI: Kathryn Sepenoski, Sep's farms in East Marion. At the last meeting I took all of you to task and I meant to take all of you to task, I did not mean to take the person who posted on the website which was brought up as incorrectly posted which failed to see a vote happen at the appropriate scheduled date when it was supposed to happen and I apologize to that person. Because shit rolls downhill and it should have. It was up to you to do the fact checking. Southold Town Regular Board Meeting June 4, 2019 page 10 Fact checking happened with some of the ground water studies. I attended a meeting at least two years ago. Suffolk County Executive Steve Bellone held a meeting at the Cornell Cooperative Extension in Riverhead and farmers attended to find out that the studies showed that the contamination was not centered around farms, it was centered around homes, specifically the ones on the waterfront. Last time we met, you had a town meeting that you asked if there were any other people that wanted to speak about any other issues. Not a single person stood up to talk about the five other agenda items that were all about development of houses. Planting homes instead of growing products. We are growers, you use the word farmer to talk about food but there are other products that are grown. Today is my 36"' year as a farmer. Today is my anniversary. I married a farmer, I married a lifestyle and I am proud of it. The water quality we participate in as farmers is managed and advised to us with a storm management program and soil and water conservation where we use drip irrigation, the job I work at that helps support my farming, I walk by homes where sprinklers are running around the clock. No one is checking to see if their timer is handling the sprinkler system. Banks, homes, waterfront runoff. The carbon footprint was something that was brought up at the last meeting. Well, the carbon footprint of the traffic that is coming off the ferry is not only every hour but every half hour. It is bringing tourism to the place where farming is being touted as the place to come to for a home, not just as an experience or a destination, but to travel through and enjoy the scenic byway and that is done at the expense of the farmer. So you talk about the carbon footprint, farmers grow and process on their own farms. To truck somewhere else costs a lot of money. Puts a vehicle on the road with emissions and taking your product someplace else to process, when you could just simply do it at your own facility, protecting the integrity of the product you grow. So I want you to meet the face of the new farmer as I recognized at the last meeting. This is a picture of the farmer of the future, it is a Peapod truck parked having emissions problems on the side of the road. Last night, on the eve of my anniversary, I was picking up garbage on the sidewalk when a Peapod truck pulled up, turned around in my farmstand parking lot and then parked across the street to deliver vegetables. And isn't it a pretty view of succulent corn and peas and things that you can order online and delivered at your door. Think about the trucks that are driving up and down the roads, this was at 8:45 at night by the way. So they are traveling all around our highways, the emissions from their vehicles are falling onto the roadways that is now going into stormwater runoff and if you think that's better than what a farmer is doing on his own property, you had better think about the volume that is coming. I-walk a route for my job and I see the development that is happening all over. It is not just the waterfront. It is little ticked away woods with these beautiful names of Sterlingwoods and Farm View and all of these acronyms for what farms represent because they are farms. They are farms that have already been sold because somebody decided when grandparents and other generations passed away that they needed to find jobs elsewhere because they couldn't live here and support themselves. So they chopped up the lands and sold it up and 99 percent of you live on what used to be farms. You used to be able to drive all the way to Orient without going on the highway on farms. Water, where is our water being sent? I believe our water is being sent to the south side. It is supporting all of the systems that are operating over there. so you need to think about that in relationship to the houses that are going up here. And when you talk about a three bedroom ranch house being on a piece of property, that three bedroom ranch house also includes a pool, an irrigation system, a parking lot for all of the cars that are coming to stay at that house. It isn't just one house. Think about how many lots are covering what used to be farms. And when you Southold Town Regular Board Meeting June 4, 2019 page 11 talk about, oh, I have to put up with a little dust and a little noise. Well, there is a farmers bill of rights for this town. And it is very specific. Every real estate agent who is selling to a potential homebuyer is supposed to be providing that farmers bill of rights so that they understand if they are purchasing anywhere near a farm that they understand that there will be noise, there will be dust, there will be activities that sometimes protect their environment that they live in because we might do those practices off hours because it might be better for soil and water conservation to irrigate our crops at night when they are not stressed out, so they can take in the amount of water they need with less water used. The scenic vista, if you don't support and not only stand up for the farmer but stand beside the farmer who is your neighbor, who might be a boy scout leader, who might be a coach for basketball, who might be an accountant on the side. Who might be a Town Board member who is doing what they need to do to support what they do as an active farm member. Those are the things we need to see happen in this town because you are going to eradicate that. The emblem that sits on Suffolk County is a plow. The image on the town website is a tractor. Tractors are now sitting on the corners of properties as monuments because it is what is going to happen if you don't support us. We will just be statues sitting on lawns like at Mattituck High School. It's an image that is going to disappear, when the vote didn't happen last week, I said, did you hear that? That was the sound of the dirt falling out of the post hole digger for the for sale sign on the next farm, that says development rights intact, subdivideable. That is what the future is going to look like if you don't vote yes to support on farm processing so the small farmers and maybe some of the larger farms who have the acreage surrounding them can do the right thing, stay here. Let you enjoy your scenic vista instead of it becoming homes that are surrounded by privet hedges and gated communities. Thank you and I hope you vote yes tonight. SUPERVISOR RUSSELL: Who else would like to address any of the agenda items? Chris Baiz,Southold, Mem Ag Adv Comm CHRIS BAIZ: I am sure I won't be the last but my name is Chris Baiz, I live here in Southold with my family on a family farm that has been in our family for over 100 years now. My wife and I have made it our responsibility to maintain that farm in agriculture. As it looks the way it did 120 years ago, nothing has changed except in 1924, as my grandfather wrote in a pencil written letter to his mother in October 1923 and the letter said in the last paragraph and they say the electric company will be stringing a wire down the road next spring. And that's when electricity and refrigeration finally came to the North Fork. I've heard lots of concerns about tangential issues, scenic vistas, zone change when it's really just an amendment to existing accessory uses, all this water stuff. Just as a point of fact from an editorial or an op-ed article from April 21St, the number of 94,000 and some number of hundreds gallons of water per acre usage or disappearance so to speak through additional consumption, that was replenished in one weekends rain for at least five weekends this spring and if you look at the amount of water that falls on every acre of land here-acre inch of water just so everybody gets it and Doug Cooper had it right, I did not, it was 27,150 gallons per acre is an acre inch of water, so multiply that tunes 48 or 50 let's say and you know, if you have got 1,350,000 gallons of water falling on every acre out here when it rains and we get the average annual 48 inches of rain, so that is also sort of a tangential thing that perhaps is more of a specious argument than you know, if the folks in Orient don't want a pipeline to Orient you know, and if you went to Joe Townsends office in Greenport Southold Town Regular Board Meeting June 4, 2019 page 12 years ago and looked at the aerial photograph of Orient on his wall circa 1960, there were no houses. It was all farmland and now you have got 700 houses or whatever out there and you wonder why you are getting salt water intrusion or your well runs dry in a stressful summer, I don't know how many people here remember the 7 year drought of the 1950's but I certainly do for my grandfather's potato operation and the amount of irrigating they had to do then. What I would like to do is go over four simple facts for this legislation tonight. Nothing is new in the proposed legislation, what I would like to point out is that under permitted uses in 280-13, wineries have been allowed to on-farm process for over 40 years and except for maybe the one off, two off social issues that have revolved around those things, it's not been a bad deal and it's quite well regulated by other authorities not necessarily having to do with our all having to police everything that a processing operation like that does. It's very well regulated at the state and federal levels. You have to get federal licenses to do that in this country. So that is point number one. On farm processing already exists, it has for 40 years. It's just been for one crop, it's been for a wine crop or a wine grape crop and for the one or two individuals over the last years that have tried to get processing and rather than fight the uphill battle, they acquiesced like potato chips. I am sure they have spent close to a million dollars on rent just for that space that could have gone into their agricultural operation instead or into a retirement fund or a college education fund for some of the children in the family. So renting a commercial space is not a reasonable alternative for financially stressed agricultural operations. Similarly as Kate pointed out, there is the right to farm law and you know, it isn't you have the right to farm if I say so, it's the right to farm law. When people come up and say oh, I love farming, I love the farmers but you don't love the farmers and you don't love farming. It's conditional. Farming is all in, it is not a conditional business. Thirdly, third fact. The issue has been about the size of the building or any agricultural building or any accessory building and if you go to 280-15, accessory buildings and structures, there has been on the books since as far back as 1990 a schedule of what is allowed and what is not allowed or not to exceed and it says, if your lot is up to 20,000 square feet (i.e. a half an acre) you shouldn't exceed 1,000 square feet in the building, for the accessory building. If it's from 20,000 to 60,000 square feet, in other words a half acre to one and a half acres, 12,000 square feet. And if you go over 60,000 square feet, it says that the building shall not exceed 3 percent of the total size of the parcel. That's the code. When we were working on this and we you know, we'd been working on this for upwards of five to seven years and the person who spoke about the comp plan chapter, we put that together with the help of the Planning Department back I believe in 2011 or 2012, and so what you see in there is what we have been acting upon ever since 2011 and 2012, so that when 2020 comes, it's locked in, we are not then just starting in 2020 to do this. We are not going to last that long. The typical farmer, landowner out here right now is in excess of 65 years of age and we have not been able to show our successors that they can make a living at it. and then not only need to pay their farm mortgage and their farm taxes and the crop installation and the crop harvest, they have got to be able to pay for their home mortgage out of that, they have got to pay their retirement out of that, they have got to pay their school, education for their kids especially beyond the 12 grades and that's not there today. It's not there today in the numbers for these people. So when we got to 3 percent of the total size of the parcel, everybody sort of looked at each other and said, well, let's just say 1 '/2 percent, up to 1 1/2 percent. Not 1 '/2 percent but up to, whether your parcel is 100,000 square feet or one million square feet. Farmers are some of the most frugal people in the world. Fertilizer is so expensive that they almost curtail the use because it is so expensive. Southold Town Regular Board Meeting June 4, 2019 page 13 But the homeowner with his green lawns, if his landscaper doesn't apply an extra 50 or 100 percent fertilizer on that lawn to make it look that much better, that's why you have certain water issues especially with nitrates and nitrogen. Lastly, in terms of the issue of size of the building, as it relates to having to go through site plan review, this isn't new either. The farmstand code dated back to 2011, no, earlier than that, 2008-2007 allows farmstands up to 3,000 square feet as of right, no site plan required, stop at the building department to pick up your building permit. That's where the 3,000 square feet came from for ag processing. Up to 3,000 square feet. A guy is not going to go out and spend 3,000 square feet if he can only sell cauliflower for $1.50 a head. He might do it for oysters because he could get $1.50 an oyster and that oyster is a heck of a lot smaller and could be more plentiful out of the bay, so that square foot might get him $10 a square foot rather than $1.50 a square foot where he displays that head of cauliflower. So again, nothing's new here. This is basically to broaden the ability of the agricultural industry to have a future other than in wine. We don't need more wineries, we don't need more vineyards. What we do need is the diversity of our agriculture and its ability to get value added dollars out of its product by being able to process that crop such as the potato chips but not having to pay $1,000,000 of rent over the last 12-15 years. So you all know the circumstance and I think the Supervisor has indicated there's a very high percentage of fallow lands here, agricultural lands, in the Town of Southold and it's for obvious reason. It doesn't make money at just raw crops and nobody else is buying them, so you know, if somebody came in and offered me $10 for a head of cauliflower, okay, I might grow cauliflower. But you know, people are used to cheap food here in the United States and that's the way they want to keep it. in order for the farmers here in the Town of Southold and on eastern Long Island, we are the most expensive farmland in the United States of America to keep operating. And at $100,000 an acre to the folks over on the south side and $1,000,000 an acre, I've always said,just tell me the price you have got to pay for the land and I will put an agricultural business on it for you so you can afford that mortgage. But this is critical for the industry today, we cannot afford another half generation. We will be gone in a half generation because nobody else behind us sees the value of being in agriculture unless we as the town make it work, unconditionally, and leave it at that. Thank you for your time, please pass this amendment tonight. Kathryn Sepenoski MS. SEPENOSKI: I just want to reiterate one of Chris's points, which is meeting attendance for the Ag Advisory committee. I attended all winter long, I think I only missed one meeting and the people that spoke out against and not hearing or not having enough information did not attend, during the foggy night that I drove here, the deer that I had to dodge to get here, the rain, the snow, no one that spoke tonight against this attended those ag meetings. Had farm, the Ag Advisory Committee been codified sooner, maybe they would have had the legs to stand on, to stand up against what is happening with what is being touted as the bad actor of Vineyard 48. They didn't have that protection, they couldn't speak. It was up to what was already on the books and in place for this town to take care of, I think with that codification, you can see better actors being taken care of. Nitrogen levels, we don't spend money on something we don't have to because we have to pay for the seeds, pay for so many other parts of farming in our business, so that the profitability will even be there on a raw product. But a homeowner can walk into Home Depot, Agway, you name it, the hardware store and they can buy a product that they can say, well, if 1/2 a teaspoon works then let's put a tablespoon in there to really wipe out that weed. Southold Town Regular Board Meeting June 4, 2019 page 14 This is the reality of what is happening out there and why I mentioned the fact that the Suffolk County executive brought up the fact that it is not the farmer where these problems are centered around. Thank you. SUPERVISOR RUSSELL: Would anyone else like to comment on any of the agenda items. Just so there is a clear understanding that this is public comment on any of the agenda items, not just on one particular one. If you want to be succinct and brief,just real quick... John Rooney MR. ROONEY: Yes, alright, things that you and Chris said, so much of it I agree with. I get it when you are talking about the problems and so on. So I wanted it understood by the Ag Committee and the Board, the thing that I read, I just want to restress, it's not (inaudible) no, but that's not the point, we are simply suggesting that even if this is passed that these are the things that should be looked at. We are not opposed in principal to this at all and I understand the arguments that have been made, believe me. So I just want to make,that clear, this is not some type, these are things to be watched, that's all. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Anybody else on the agenda? (No response) V. Resolutions 2019-497 CATEGORY.• Audit DE.PARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 4, 2019. ✓Vote Record-Resolution RES-2019-497 El Adopted ❑ Adopted as Amended ❑'Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter M ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting June 4, 2019 page 15 2019-498 CATEGORY- Set Meeting DEPARTATENT.• Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 18, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 PM. ✓Vote Record-Resolution RES-2019-498 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-462 Tabled 5/7/2019 7:00 PM CATEGORY Y. Enact Local Law DEPARTMENT. Town Clerk Enact Chapter 280-Agricultural Processing WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 9t' day of April, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Agricultural Processing as an Accessory Use in the Town of Southold" 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 Chanter 280, Zoning, in connection with Agricultural Processing in the Town of Southold" which reads as follows: Southold Town Regular Board Meeting June 4, 2019 page 16 LOCAL LAV NO. 6 of 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Agricultural Processing in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to permit the accessory use of the processing of agricultural products on a parcel containing a bona fide farm operation within Chapter 280 of the Southold Town Code. II. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: § 280-13 Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: 13. Processing of Agricultural Products, which meet the following standards: (a) The processing of agricultural products shall take place on a parcel that qualifies as a Bona Fide Farm Operation as defined in section 280-4 of this code. (b) Notwithstanding the provisions in section 280-15(C) of this code, the square footage of an agricultural processing building, or part of an agricultural building used for agricultural processing, shall not exceed one and a half percent 1.5%) o the total size of the parcel on which it is located. (c) An agricultural processing building with a square footage of three thousand square feet or less shall not be subject to site plan review. (d) Any site plan application for an agricultural processing building shall be entitled to the expedited processing and fees for agricultural related site plan applications set forth in Article XXIV of this Chapter. (e) At least sixty-six percent (66%) of the agricultural products being processed must have been grown by that Bona Fide Farm Operation. The requirement in this subsection shall not apply in cases of a catastrophic crop failure. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE Southold Town Regular Board Meeting June 4, 2019 page 17 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2019-462 0 Adopted ❑ Adopted as Amended ❑ Defeated El Tabled '— Yes/Aye No/Nay Abstain Absent _ a _ ❑ Withdrawn lames Dmizio Jr Mover 0 ❑ El ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 462 COUNCILMAN DINIZIO: I would just like to make a statement that this law doesn't go far enough as far as I am concerned. I watched the committee, farmers getting together since 2014, 1 have been on the Board since 2013, and come to us with proposals and different arguments, both pro and con. That many years, five to be exact, they finally compromised. I have never seen a bunch of gentlemen get together and compromise and come up with something that, like I said, doesn't go far enough. My vote is yes. COUNCILMAN RULAND: I am happy to vote aye. COUNCILMAN GHOSIO: I would like to make a statement before I vote, I was not present for the hearing a few weeks ago, I was out of state. I did take the time, of course,to watch the whole hearing. I also heard other discussions over the last few weeks. I have been very lucky in my life in the sense that I have been able to travel around the country. I have been to many cities, suburbs, the mid-west where my wife is from whose father owned a small cattle farm. I have been there to see on-farm processing which meant butchering and preparing home grown meats on the farm, on the back of a pickup truck and processing it and putting it into a freezer. I have seen families that run farms, I have had the pleasure to visit and see families that are in mariculture type farms, growing fish, growing seafood on farms. I myself am fortunate enough to be a business owner myself. My family is in the fuel oil business. we deal with hazardous materials, I know the struggle that all of us who deal in hazardous materials, including the farmers, have so many regulations and processes that they have to go through on a daily basis just to conduct what they do to make a living that I truly sympathize with that. We have to remember that of all the romantic notion, the friendly farmer is a wonderful notion to have and it's also one of the reasons that many, many people want to live here, want to visit here, is because of the friendly farmer and the vistas and the things that you see and the idea that you can come out to a rural farming community and get a break from the noise and the hubbub of the city. it's one of the things that attracts me, every time I go to a city or I got to a suburb, for Southold Town Regular Board Meeting June 4, 2019 page 18 example recently I was down in Tampa and I turned to my sister who lives there, she happens to be a sheriff in Tampa and I said you know, where's the farms because this is a suburban area but it's spread out much like Nassau County and she said, there are none. I couldn't imagine living in a community that didn't have some sense of farms, farmstands or things like that. I have always lived in an area that had farms and farmstands and I find that it attracts from the standard of living that these people have. I think that one of the things that I want everybody to remember is that they are a business. And I also want to take a different perspective for a moment and say that one thing I hadn't heard in any of the hearings or any of the comments is you know what? The farmers who live here and conduct their business here on the North Fork also support other businesses. They support other local businesses and if all of a sudden these farmers went away and we put houses, there would be an awful lot of business in Southold that would go the way of the wind. And in the end,their failure will only trickle down to everybody else in town including those who enjoy living here because of our agricultural history. So, in the end I just wanted to say that I do stand with the farmers on this and I am proud to be voting yes. SUPERVISOR RUSSELL: Again, I don't want to drag this out. It's ironic that we moved the meetings to 7:00 so we wouldn't go so late and here we are at 8:00 and we haven't even finished the vote on agenda item#1. Let me just quickly say there's just a couple of very technical issues and questions I want to address. First and foremost, let's please put this in perspective. A 1 1/2 percent lot coverage, that's about 600 square feet per acre. The general lot coverage as part of the town code would be 8,000 square feet, 20 percent. That might be too high, might be too low. That's a discussion for another time. But 600 square feet per acre, you would need at least five acres to reach that 3,000 square foot threshold. The lot coverage under current code for public structures would be allow you to cover a full acre of the five acres. Again, on other circumstances. Secondly, and I am not trying to pit one segment of an industry against another but there is so much opposition to this which is a very nominal easing of the code but I see no such opposition to winery applications that come in all the time. Now let's remember, and they are all important-wineries, they are all important, I am just trying to show people that we need to catch other segments of the agricultural industry up and try to get everybody a level playing field but their limit is 20 percent lot coverage, l am not a designer of wineries clearly but theoretically one third of that building is committed to processing is 2,640 square feet. In this instance you are talking about 600. And I think this idea of industrializing the farm field is a buzz word designed to invoke images of smoke stacks. A lot of production doesn't even involve cooking or anything like that. Second, third, fourth, wherever I am, the SEQRA review. Typically an agricultural farm is exempt from SEQRA under New York State law, they are not subject to SEQRA. This probably you could argue wouldn't, you know, would probably still require SEQRA based on the type of use but generally it's no SEQRA review is in keeping with the spirit of the NYS Ag and Markets. Detrimental impacts, we talked about waste streams, we talked about all these things. Please remember, that when you add in processing as a matter of right, it does not mean just the right to go ahead and do it. It's still subject to all of the reviews of all of the agencies that would look at impacts such as waste water, groundwater and all of that and try to mitigate that. All of that review is still in place. Let me see, I want to say, also to Anne's concern, this does not permit for public access, it's processing only, it does not have a retail component. That's not allowed. Also the CO would prevent that building on it from opening it up to the public, it's not a public building. They wouldn't be allowed to open it up to the public. Southold Town Regular Board Meeting June 4, 2019 page 19 It would be precluded by the certificate of occupancy. I am sorry, I just want to make sure I cover everything. Also, this rush through, I have got to be honest. People tell us we take too long, other people say we are rushing things through, this has been code committee meetings, publicly noticed, well attended for a long, long time. The public hearing was noticed 30 days prior than what was the scheduled vote. There was a typo, we delayed that another two weeks. We've gone beyond, because we understand that it's hard to keep track of everything a busy Town Board does. We go beyond, the 30 days far exceeds what the state law requires in terms of public noticing for public hearings. Secondly, we generally in most instances don't take a vote the night after we close the public hearing because we want the people that comment on either side of the issue to know that we are taking their comments seriously. Lastly, I will say, Chris, I just think it's so cute that you think about a retirement fund, like you think you will ever be able to retire. And just lastly, bad actors. Happens anytime you propose code or pass code, there's a likely scenario of a few people that try to go outside or maybe pierce a hole through that code. Please understand, this has an environmental enforcement component that no other section of code does and that's called visual. You can drive by the operation and see if the land is in production or isn't. That's your enforcement component. If it's not in production, then you can step in and do something about it based on this code. With all of that, I am going to conclude by saying I vote yes. 2019-496 Tabled 5/21/2019 4:30 PM CATEGORY: Legislation DEPARTMENT: Town Clerk Enact Chapter 280-Definitions Cabana/Pool House NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23`d day of April, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Definitions" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 215 day of May, 2019 at 4:31p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Definitions" which reads as follows: LOCAL LAW NO. 7 of 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Definitions" BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Regular Board Meeting June 4, 2019 page 20 I. Purpose The Purpose of the amendment is to add the definition of a cabana/pool house within Chapter 280 of the Southold Town Code. II. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: § 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). CABANA/POOL HOUSE - A one-story, ground level detached accessory structure oraground level portion of an existing one-story accessory structure, located adjacent to and used in coniunction with an inground swimming pool. Cabana/Pool House design requirements: (a) A cabana/pool house or any portion of an accessory structure dedicated to such use shall not exceed 350 square feet of gross floor area. (b) A cabana/pool house shall not contain more than one room other than a bathroom. (c) A cabana/pool house shall not be heated, nor shall any pool house/cabana contain a kitchen or be designed, quipped or used for cookingoping purposes. A refrigerator no greater than 5 cubic feet in capacity is permitted. (d) Interior plumbing fixtures shall be limited to a sink plus one bathroom containing_a toilet and sink. (e) Cabana/pool houses shall not contain indoor showers. Outdoor showers are permitted (f) All plumbing fixtures shall drain to a Suffolk County Health Department approved sanitary system in a conforming location. (g) A building permit for a cabana/poolhouse shall not be issued unless: there is an existing inground pool with a valid Certificate of Occupancy; a building permit, that is still valid, has previously been issued for an inground pool, or the building permit for the cabana/poolhouse is being issued simultaneously with the issuance of a building permit for an inground pool. No Certificate of Occupancy for a cabana/poolhouse shall be issued unless there is an existing inground pool with a Certificate of occupancy or a Certificate of Occupancy for an inground pool is being issued at the same time as a Certificate of Occupancy for a cabana/poolhouse. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Southold Town Regular Board Meeting June 4, 2019 page 21 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2019-496 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ El Robert Ghosio Voter 0 ❑ El ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-499 CATEGORY. Sanitary Flow Credits DEPARTMENT: Town Clerk Transfer of SFC Appl. to PB&Buildrng Inspector RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the Application for transfer of sanitary flow credits filed by Hard Corner Partners, LLC. to the Planning Board and Chief Buildinjz Inspector,to prepare official reports regarding the proposed transfer pursuant to Section 117-7(C) of the Town Code. ✓Vote Record-Resolution RES-2019-499 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 1 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting June 4, 2019 page 22 2019-500 CATEGORY. Close/Use Town Roads DEPARTMENT: Town Clerk Oysterponds Historical Society-Heritage Day Parade Financial Impact:Police Department Cost for the Event =$181.46 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds Historical Society to use the following route for its Heritage Day Parade in Orient on Sunday, June 30,2019 staging to begin at 12:00 pm on Oysterponds Lane, from there to Main Road to Village Lane to the end of Village Lane, provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Failure to comply with the conditions will result in the forfeiture of the clean-up deposit and denial of future requests. In addition, the police will post"No Parking" signs the night before the event as requested. All Town fees for this event are waived with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2019-500 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-501 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Engineering Change Order 41 W/L.K. McLean Associates, P.C. - Town Hall Annex RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#1 to the contract for Architectural &Engineering Services for Town Hall Annex Improvements with L.K. McLean Associates, P.C. in the net amount of$3,950.00, pursuant to their proposal dated May 21, 2019, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-501 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Roland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 121 0 ❑ ❑ Southold Town Regular Board Meeting June 4, 2019 page 23 ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-502 CATEGORY. Employment-Town DEPARTMENT.- Accounting Create and Set Salary Scale -Fire Marshal I RESOLVED that the Town Board of the Town of Southold hereby creates the position of Fire Marshal I and establishes the annual rate of pay for Fire Marshal I as follows: Effective Date/ Entry Step Level 1 2 3 4 5 January 1, 2019 $56,309.26 $60,066.71 $61,569.70 $63,598.72 $65,101.70 $68,859.16 ✓Vote Record-Resolution RES-2019-502 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent 11 Tabled _ James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt H.-wys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-503 CATEGORY. Attend Seminar DEPARTMENT. Human Resource Center Southold Town Regular Board Meeting June 4, 2019 page 24 Permission for Jacqueline Martinez, Senior Citizens Program Supervisor to Attend Guardianship Forum. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jacqueline Martinez, Senior Citizens Program Supervisor, to attend a Guardianship Forum at the Cohalan Court Complex in Central Islip on June 6, 2019. All expenses for travel to be a legal charge to the 2019 Programs for the Aging budget (mileage reimbursement). ✓Vote Record-Resolution RES-2019-503 0 Adopted ❑ Adopted as Amended ❑ Defeated ---- — — - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 El El ❑ 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 El El ❑ No Action ❑ Lost 2019-504 CATEGORY.• Legal DEPARTMENT. Town Attorney G.A. McMonigle Claim Settlement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of Five Hundred Twenty Four Dollars and Sixty cents ($524.60) to Genevieve A. McMonigle for property damage stemming from an incident on April 26, 2019, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-504 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/,,'Lye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Regular Board Meeting June 4, 2019 page 25 2019-505 CATEGORY. Special Events DEPART'VIENT. Town Clerk Special Events Permit Laurel Lake Vineyard 2019-26 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Laurel Lake Vineyards to hold Special Event 2019-26 at Laurel Lake Vineyards, 3165 Main Road, Laurel,New York as applied for in Application LLV3a-f for six (6) wine & food pairing events on July 20, 21, 27, 28, Aug 3 and 4, 2019 from 12:00pm to 6:00 pm provided they adhere to all conditions on the application, and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-505 0 Adopted ❑ Adopted as Amended ❑ Defeated — ------ ❑ Tabled — — Yes/Aye No/Nay Abstain Absent ._. El Withdrawn James Dimzio Jr Voter 0 ❑ El ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghos�o Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-506 CATEGORY.• Refund DEPARTMENT: Town Clerk Refund Parking Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individuals for the purchase of parking and/or disposal permits purchased in error: NAME REFUND Jon Hlafter, 365 W End Avenue, Apt 9D,New York,NY 10024 10.00 Monique Holmes, 23 W 116th Street, 11B,New York,NY 10026 10.00 Neil Horner, 251 W. 89t1i Street, Apt 9D, New York, NY 10024 10.00 Ed Kirchmeier, 35 Falcon Drive, Hauppauge,NY 11788 10.00 Jane Marlowe, 708 Greenwich Street 2D,New York,NY 10014 10.00 Zobeida McDonald, PO Box 666, Water Mill,NY 11976 10.00 Southold Town Regular Board Meeting June 4, 2019 page 26 Rachel Menoutis, 17 Ackerman Road, Warwick, NY 10990 10.00 Paul Milcetic, 46 Birch Street, Port Washington,NY 11050 10.00 Robert Musco, 497 Ripplewater 123, Southold,NY 11971 10.00 Michael Coritsidis, 7 Mead Lane, Roslyn,NY 11576 20.00 Merve Jones, 145 Hortons Lane, Southold,NY 11971 20.00 Sydney Schwartz, 82-61 165th Street, Jamaica,NY 11432 25.00 ✓Vote Record-Resolution RES-2019-506 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-507 CATEGORY. Refund DEPARTMENT. Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit New Suffolk Waterfront Fund, Inc. 4/29/19 $ 250.00 PO Box 146 New Suffolk,NY 11956 Event Power 1/10/19 1,500.00 162 Long Island Avenue, #179 Holtsville,NY 11742 Southold Town Regular Board Meeting June 4, 2019 page 27 Orient Fire Department 3/26/19 250.00 23300 Main Road Orient,NY 11957 ✓Vote Record-Resolution RES-2019-507 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 ❑ ❑ ❑ Robert Ghosio Voter 0 ❑ El El Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-508 CATEGORY.- Refund DEPARTMENT• Town Attorney Refund CPF-D. Surozenski RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10)to David S. Surozenski from the Town of Southold in the amount of $6,000.00 in connection with the payment of the Community Preservation Fund tax on property in Southold (SCTM#1000-75-2-5) purchased by David S. Surozenski on December 3, 2018, as the transaction is exempt from the CPF tax. ✓Vote Record-Resolution RES-2019-508 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting June 4, 2019 page 28 2019-509 CATEGORY. Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 5128119 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 May 28, 2019, as follows: FIFD resolution# Regarding 2019 - 089 Budget Modification 2019 - 091 Legal - EAP Renewal 2019 - 092 Legal - Healthcare Renewal 2019 - 093 Legal - TOS Transport 2019 - 094 Legal - Theater Mgmt. ✓Vote Record-Resolution RES-2019-509 121 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter lZ ❑ El ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-510 CATEGORY. Property Usage DEPARTMENT.• Town Attorney Amend Resolution 2019-457 RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2019-457 adopted at the May 7, 2019 regular Town Board meeting as follows: WHEREAS, the County of Suffolk, by Local Law No. 24-2007 authorized the acquisition of land under the Suffolk County Drinking Water Protection Program (effective December 1, 2007) - Hamlet Greens/Active Recreation/Historic and/or Cultural Park Component; and Southold Town Regular Board Meeting June 4, 2019 page 29 WHEREAS, the Town of Southold desires that the County of Suffolk purchase a parcel of land located at 9300 Main Road, Mattituck,New York, more particularly described on the Suffolk County Tax Map as District 1000, Section 122.00, Block 07.00. Lot 009.000, under the Suffolk County Drinking Water Protection Program, for a passive park facility; and WHEREAS,the Town of Southold shall improve and maintain the property as a passive park facility; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold that the Town of Southold hereby requests that the following parcel of land be purchased by Suffolk County as part of the Suffolk County Drinking Water Protection Program - Hamlet Greens/Active Recreation/Historic and/or Cultural Park Component to wit: 9300 Main Road, Mattituck and is more particularly described on the Suffolk County Tax Map as District 1000, Section 122.00, Block 07.00. Lot 009.000; and 13E 1T-FURT14ER RESOLVED that the Town of Southold is willing to partner-with the County of Suffolk for- 0 of the eost of the aequisition and any assoeiated soft eost-s ineluding appraisals, title sear-ehes and envir-onmental site assessment reports, •; and BE IT FURTHER RESOLVED that the Town of Southold is willing to partner with the County of Suffolk for by committing to undertaking the maintenance of the parcel; and BE IT FURTHER RESOLVED that the Town of Southold acknowledges that the County of Suffolk acquires property for active or passive recreational uses that have clear title including non-delinquent on property taxes and have satisfied any environmental conditions/issues identified in any environmental site assessment report or any federal, state or local government actions relating to such property; and BE IT FURTHER RESOLVED that the Town of Southold hereby makes a commitment to improve and maintain the property in perpetuity as passive parkland, with public access to all Suffolk County residents; and BE IT FURTHER RESOLVED that the Town of Southold may enter into agreements with civic groups to be approved by the County of Suffolk to maintain the parkland as a park facility; and BE IT FURTHER RESOLVED that the Supervisor of the Town of Southold is authorized to execute any necessary agreements and documents with the County of Suffolk to effectuate the maintenance of the passive park by the Town of Southold as a park facility, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-510 El Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dimzio Ir Voter I 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder Q ❑ ❑ ❑ ❑ Withdrawn ldl Doherty Voter p ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Z 0 ❑ ❑ Southold Town Regular Board Meeting June 4, 2019 page 30 ❑ Tax Receiver's Appt Louisa P Evans Mover Rl ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-511 CA TF.GOR Y. Support/Non-Support Resolution DEPARTMENT: Supervisor Letter of Support for Senate Bill AS4057 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign a letter in support of Senate Bill #54057, "An Act to Amend the Environmental Conservation Law, in Relation to Wildlife Damage Management". ✓Vote Record-Resolution RES-2019-511 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter RI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Rl ❑ ❑ ❑ Robert Ghosio Voter D ❑ ❑ El❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-512 CATEGORY. Employment- Town DEPART'V7ENT.• Accounting Appoint Roger Richert PT Electrical Inspector RESOLVED that the Town Board of the Town of Southold hereby appoints Rolzer Richert to the position of Part Time Electrical Inspector for the Building Department effective June 11, 2019, at a rate of$31.34 per hour. ✓Vote Record-Resolution RES-2019-512 10 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Regular Board Meeting June 4, 2019 page 31 ❑ Adopted as Amended James Duuzio Jr Voter Q ❑ ❑ ❑ ❑ Defeated William P Roland Voter 2 ❑ ❑ ❑ ❑ Tabled .till Doherty Voter 9 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 21 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-513 CATEGORY. Employment-Town DEPARTMENT- Accounting Hite Student Intern I-Assessors Office RESOLVED that the Town Board of the Town of Southold hereby appoints Nathaniel Demehak to the position of Student Intern I in the Assessors Office at a rate of$13.12 per hour, said appointment starting on June 24, 2019 and ending August 30, 2019. ✓Vote Record-Resolution RES-2019-513 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 Q ❑ ❑ ❑ 11 Tax Receiver's Appt hll Doherty Seconder, Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-514 CATEGORY. Special Events DEPARTMENT.• Town Clerk Special Events Permit Greenport Brewing Co. 2019-27 Southold Town Regular Board Meeting June 4, 2019 page 32 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Greenport Brewing Co. to hold Special Event 2019-27 at Greenport Brewing Co., 42155 Main Road, Peconic,New York as applied for in Application GP132a for an event on July 28, 2019 from 4:00pm to 8:00 pm provided they adhere to all conditions on the application, and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-514 0 Adopted ❑ Adopted as Amended ❑ Defeated - El Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr ; Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-515 CATEGORY Y. Bid Acceptance DEPARTMENT. Information Technology Award Bid CORE for Server&ASA Update RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of CORE BTS, Inc., 1393 Vets Memorial Highway, Suite 408N, Hauppauge,NY 11788 in the amount of $16,500.00 for the Cisco Firepower Server &ASA Update for the Town of Southold, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2019-515 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled „ .lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn El Supervisor's Appt William P Roland Mover 0 ❑ 11 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ El ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ 11 ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting June 4, 2019 page 33 2019-516 CATEGORY: Fireworks Permit DEPARTMENT.• Town Clerk Mattituck Lions Club Strawberry Festival Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit#2 of 2019 by the Town Clerk to the Mattituck Lions Club for the Strawberry Festival fireworks displays on Thursday June 13, 2019 at 9:15 PM; Friday June 14, 2019 at l O:OOPM ; and Saturday, June 15, 2019 at 10:15 PM on property located at 1105 County Road 48, Mattituck,New York (Strawberry Fields) upon the payment of a single fee of $100.00, and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney and the Chief of the Mattituck Fire Department. ✓Vote Record-Resolution RES-2019-516 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter 0 El ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-517 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2019 Budget Modification: SWMD Financial Impact. To provide funds for repairs to CAT 966 steering cylinder. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.4.100.551 Maint/Supply CAT 966 Loader $1,000 SR 8160.4.100.525 Payloader/Truck Tires 625 Total $1,625 Southold Town Regular Board Meeting June 4, 2019 page 34 To: SR 8160.4.400.655 Repairs CAT 966 Loader $1,625 Total $1,625 ✓Vote Record-Resolution RES-2019-517 2 Adopted ❑ Adopted as Amended ❑ Defeated T Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-518 CATEGORY: Budget Modification DEPARTMENT.- Highway Department 2019 Budget Modification-Highway Financial Impact:purchase offurniture and drainage equip RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part Town budget as follows: From: DB.5140.2.200.100 Typewriter/Office Equip $ 250.00 DB.5140.4.100.125 Misc. Supplies 270.00 DB.5110.4.400.300 Drainage Replacement 2,000.00 TOTAL $2,520.00 To: DB.5140.2.200.300 Office Furniture $ 520.00 DB.5110.4.100960 Drain Pipe/Rings/Covers 2,000.00 TOTAL $2,520.00 ✓Vote Record-Resolution RES-2019-518 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .Tames Dmizio Jr Mover 2 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 2 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 0 ❑ ❑ ❑ 0 Withdrawn Robert Ghosio Voter 2 0 0 0 Southold Town Regular Board Meeting June 4, 2019 page 35 ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-519 CATEGORY. Fireworks Permit DEPARTMENT.• Town Clerk Greenport Fire Department Fireworks Fourth of July RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit#3 of 2019 by the Town Clerk to Phenix Hook& Ladder Company 1 & Company 2 of the Greenport Fire Department for a fireworks display at 10:00 PM on Thursday July 4, 2019 Rain Date of: Friday July 5, 2019) and 10:00PM Saturday July 6, 2019 (no raindate) at Greenport High School's Athletic Field located on the north side of Front Street and the east side of Moores Lane, Greenport,New York upon the payment of a single fee of$100 per event and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney and the Chief of the Greenport Fire Department. ✓Vote Record-Resolution RES-2019-519 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 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 2019-520 (:4TEGOR K Employment-Town DEPARTMENT. Recreation Southold Town Regular Board Meeting June 4, 2019 page 36 Hire Seasonal Employees-Recreation Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2019 seasonal summer staff for the period June 22 - September 2 pending successful background search and certification completion as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Luke Altman(1 st year)............................................ $13.02 2. John Bertschi (2nd year)......................................... $13.31 3. Kaitlyn Driscoll (3rd year)................................................. $13.61 4. Erin Feeney (3rd year)...................................................... $13.61 5. Gerard Feeney (2nd year)...................................... $13.31 6. Michael Filipkowski (1 st year)............................... $13.02 7. Madeleine Jimenez (1 st year)................................. $13.02 8. Pawel Klibisz (2nd year)....................................... $13.31 9. Georgia Malo (2nd year)....................................... $13.31 10. Constantine Markotsis (4th year)............................ $13.90 11. Sarah McCormack (4th year)........................................... $13.90 12. Sean McElroy (1st year)....................................... $13.02 13. Emily Mowdy (3rd year).................................................. $13.61 14. Julia Orlando (8th year)....................................... $15.08 15. Max Pasko (1 st year).......................................... $13.02 16. Devin Quinones (1st year)....................................... $13.02 17. Elizabeth Quinones (1st year).................................. $13.02 18. Ally Robins (5th year)........................................ $14.20 19. Grace Syron (3rd year).................................................... $13.61 20. Keegan Syron (3rd year).................................................. $13.61 21. Ayda Terry (1 st year).......................................... $13.02 22. Maria Tomais (1st year)....................................... $13.02 BEACH ATTENDANTS 1. Andrew Crean (2nd year)...................................... $10.25 2. Gabrielle Dwyer (3rd year).............................................. $10.43 3. Brook Howard (1st year)..................................... $10.08 4. Antonio Marine (1 st year).................................... $10.08 5. Anakin Mignone (3rd year).............................................. $10.43 6. Irene Papamichael (2nd year)................................. $10.25 7. Sean Okula(5th year)........................................... $10.79 8. Constantine Roustas (1st year)............................... $10.08 9. Lily Russell (2nd year).......................................... $10.25 10. Chris Siejka(3rd year)...................................................... $10.43 11. Ashley Young (1st year)....................................... $10.08 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1. Ally Robins (1st year)............................................. $17.73 Southold Town Regular Board Meeting June 4, 2019 page 37 2. Sarah McCormack (4th year)................................... $18.53 ✓Vote Record-Resolution RES-2019-520 Z Adopted ❑ Adopted as Amended ❑ Defeated 7Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ _ ❑ Withdrawn James Dimzio Jr Voter El - ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-521 CATEGORY. Bond DEPA RTMENT.• Town Clerk 2019 Bond-Street Lights BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 4, 2019, AUTHORIZING THE ACQUISITION AND INSTALLATION OF REPLACEMENT STREET LIGHTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $250,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire and install street lights, in connection with the street lighting replacement program. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of $250,000 to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $250,000 are hereby Southold Town Regular Board Meeting June 4, 2019 page 38 authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b)the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, Southold Town Regular Board Meeting June 4, 2019 page 39 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times, " a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. EXHIBIT A LEGAL NOTICE The resolution, a summary of which'is published herewith, has been adopted on June 4, 2019 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 4, 2019, AUTHORIZING THE ACQUISITION AND INSTALLATION OF REPLACEMENT STREET LIGHTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $250,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is to acquire and install street lights, in connection with the street lighting replacement program at the estimated cost of$250,000. The maximum amount of obligations authorized to be issued is $250,000. The period of probable usefulness is five (5) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. ✓Vote Record-Resolution RES-2019-521 D Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended Southold Town Regular Board Meeting June 4, 2019 page 40 ❑ Defeated James Dmizio Ir Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-522 CATEGORY: Petty Cash DEPARTMENT.- Recreation Petty Cash for SunZnaer Seasonal Employees RESOLVED that the Town Board of the Town of Southold hereby authorizes Southold Town beach attendants (12 employees) and beach managers (2 employees) to be supplied with a petty cash fund in the amount of$100.00 per person to enable them to make change for non-resident daily beach permits. All employees will be required to return this petty cash to the Town Clerk's office at the conclusion of the beach season. Check in the amount of$1400.00 to be made payable to Janet Douglass; said charge to be made to A210, Petty Cash. ✓Vote Record-Resolution RES-2019-522 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled .. _. James Dm¢io Jr Voter 0 ❑ I] _..0., ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El El ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-523 CATEGORY: Refund DEPARTMENT.• Town Clerk Southold Town Regular Board Meeting June 4, 2019 page 41 Filming Clean-Up Deposit and Traffic Control Refund WHEREAS Long Pond Pictures supplied the Town of Southold with a refundable Clean-up Deposit fee in the amount of$250.00 and a Traffic Control fee estimate of$1,301.50 and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that the Clean-up Deposit Fee may be refunded, and WHEREAS the Southold Town Police Chief, Martin Flatley has provided the Town Clerk's office with an actual Department expense for the film in the amount of$1,301.50, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the total amount of $250.00 to Long Pond Productions, c/o Quincy Morris, 244 5th Avenue, #F 12,New York,NY 10001. ✓Vote Record-Resolution RES-2019-523 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-524 CATEGORY: Budget Modification DEPARTMENT. Accounting 2019 Budget Modification - Town Board/Engineering Financial Impact:Move budget for road study and deer program RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $18,895 TOTAL $18,895 To: Southold Town Regular Board Meeting June 4, 2019 page 42 A.1010.4.600.790 Deer Management $895 A.1440.4.500.400 Engineering Services 18,000 TOTAL $18,895 ✓Vote Record-Resolution RES-2019-524 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-525 CATEGORY: Public Service DEPARTMENT: Engineering FISD Emergency Repair Work RESOLVED that the Town Board of the Town of Southold hereby authorizes the necessary emergency work required to clear blockages from the Fishers Island Sewer District Sanitary System. All expenses for completing these repairs shall be a legal charge to the 2019 Fishers Island Sewer District budget (system maintenance &repairs). ✓Vote Record-Resolution RES-2019-525 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn - , James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Mover Q ❑ ❑ ❑ El Tax Receiver's Appt Jill Dohertv Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting June 4, 2019 page 43 2019-526 CATEGORY- Misc. Public Hearing DEPART31ENT. Town Clerk SWMD Bond Call to Order WHEREAS, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, in the Town (herein called the "District"), has determined that it is in the best interests of the District to increase and improve the facilities of the District, by the acquisition of heavy equipment at the aggregate estimated maximum cost of not to exceed $850,000, pursuant to Section 202-b of the Town Law; and WHEREAS, it is expected that approximately 50% of such cost may be reimbursed by the State of New York and, in such event, the amount of bonds or notes issued shall be reduced by a like amount; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called "SEQRA") has found and determined that the project is a Type I1 Action and no further environmental review is required; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, on the July 2, 2019 at 7:00 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the "The Suffolk Times, " hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified by said Town Cleric, the first publication thereof and said posting to be not less than ten (10)nor more than twenty (20) days before the date of such public hearing. Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, on July 2, 2019, at 7:00 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the increase and improvement of facilities of the Southold Solid Waste Management District, consisting of heavy equipment at the aggregate Southold Town Regular Board Meeting June 4, 2019 page 44 estimated maximum cost of not to exceed $850,000. It is expected that approximately 50% of such cost may be reimbursed by the State of New York and, in such event, the amount of bonds or notes issued shall be reduced by a like amount. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. Dated: June 4, 2019 Southold,New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK ✓Vote Record-Resolution RES-2019-526 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Voter R ❑ ❑ El ❑ Supervisor's Appt William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover ; lz ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter lz ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter R1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter R1 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-527 CATEGORY. Budget Modification DEPARTMENT. Accounting 2019 Budget Modification-Park&Playground(Tasker) Financial Impact. Transfer Park&Playground funds to cover new fencing at Tasker Park RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town Budget and Park &Playground budgets as follows: Increase• A.5031.00 General Fund, Interfund Transfers $3,436 Total $3,436 Increase• A.1620.2.500.850 Tasker Park Improvements $3,436 Southold Town Regular Board Meeting June 4, 2019 page 45 Total $3,436 Increase: CR.5990.00 Park & Playground Fund, Appropriated Fund Balance $3,436 Total $3,436 Increase• CR.9901.9.000.400 Park & Playground Fund, Interfund Transfer, General Fund $3,436 Total $3,436 ✓Vote Record-Resolution RES-2019-527 0 Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-528 CATEGORY: Misc.Public Hearing DF.PAREVIEIVT: Town Clerk PH 712 7:00 P777 -SFC Hard Corner Properties RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the Application of Hard Corner Properties, LLC for transfer of sanitary flow credits at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd day of July, 2019 at 7:00 p.m., at which time all interested persons will be given an opportunity to be heard. ✓Vote Record-Resolution RES-2019-528 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder' 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ J Southold Town Regular Board Meeting June 4, 2019 page 46 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-529 CATEGORY.• Legal DEPARTMENT. Town Attorney Retain Lamb &Barnosky, LLP RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Retainer Agreement with Lamb & Barnosky, LLP in connection with professional services provided on labor relations and employment law matters. ✓Vote Record-Resolution RES-2019-529 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ El Withdrawn James Dmizio Jr Voter Rl El ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder IZI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-530 CATEGORY. Local Law Public Hearing DEPARTMENT. Town Attorney PH 7/2 7.00 PIn - Chapter 34 Housing WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 4" day of June, 2019, a Local Law entitled "A Local Law in Relation to Amending Chapter 34 HousinjZ Fund, to Reduce the Size of the Housing Advisory Commission" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the Southold Town Regular Board Meeting June 4, 2019 page 47 aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 2"d day of July,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 Amending Chapter 34 Housing Fund, to Reduce the Size of the Housing Advisory Commission" reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in Relation to Amending Chapter 34 Housing Fund, to Reduce the Size of the Housing Advisory Commission" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The purpose of the amendment is to amend Chapter 34 to reduce the size of the Housing Advisory Commission. II. AMENDMENT. Chapter 34 of the Code of the Town of Southold is hereby amended by removing the struck through portion and adding the underlined portion to read as follows: § 34-6 Housing Advisory Commission established. A. The Town Board hereby formally establishes a Housing Advisory Commission to review and make recommendations regarding the Town of Southold Housing Fund. This Commission would supplant the efforts of the former Affordable Housing Committee that no longer meets as a working group. This Board will consist of 4-0 7 residents of the Town who shall serve without compensation. No member of the Town Board shall serve on the Commission. The Commission shall reflect a diverse membership, with individuals from various geographic locations. In addition, membership will include a broad representation from the community, such as landowners, persons with skill and knowledge about the environment, real estate, banking, building and farming. The Commission may also seek members who were/are recipients of housing assistance. II. 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. Southold Town Regular Board Meeting June 4, 2019 page 48 ✓Vote Record-Resolution RES-2019-530 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 Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments from Town Attorney Duffy regarding resolution 526 TOWN ATTORNEY DUFFY: Before you make that motion, Mr. Supervisor, if I can direct the Board's attention to resolution 526 setting a hearing on the Solid Waste District bond, the date in that was wrong. (Inaudible) we didn't have time to publish it, so I would ask someone to make a motion to recall resolution 526 so that we can amend it, so that the date of the public hearing will be July 2nd as opposed to July 18 and the time will be 7:00 PM as opposed to 4:30 PM. Motion was moved and seconded. 2019-531 CATEGORY: Enact Local Law DEPARTMENT. Town Clerk Enact Chapter 189-3 Parking Permits WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 7th day of May, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 189-3 Parking Permits" and WHEREAS the Town Board of the Town of Southold will hold 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 189-3 Parking Permits" which reads as follows: LOCAL LAW NO. 8 of 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189-3 Parking Southold Town Regular Board Meeting June 4, 2019 page 49 Permits" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is allow non-resident trailer parking at Klipp Park II. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: § 189-3 Parking permits. [Amended 5-25-1971; 5-9-1972; 3-25-1975 by L.L. No. 1-1975; 12-28-1982 by L.L. No. 9- 1982; 12-28-1984 by L.L. No. 10-1984; 7-14-1987 by L.L. No. 11-1987; 10-23-1990 by L.L. No. 21-1990; 11-24-1992 by L.L. No. 19-1992; 10-18-1994 by L.L. No. 21-1994; 2-23-1995 by L.L. No. 4-1995; 4-14-1998 by L.L. No. 5-1998; 7-17-2007 by L.L. No. 17-2007; 8-10-2010 by L.L. No. 8-2010; 9-26-2017 by L.L. No. 13-2017; 11-8-2017 by L.L. No. 17-2017] Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: G. Trailer permits. (1) A Resident trailer permit shall be required for any trailer used to launch a boat at the boat ramp or road end locations set forth in § 189-2B or C. (2) A Resident trailer permit shall be required at all times to park a trailer in any of the parking areas designated in § 189-2A, B, or C, except for Norman E. Klipp Marine Park, which in addition to Resident Trailer permits, shall open for parking of trailers with Lessee, Hotel-motel, non-resident seasonal beach and Guest trailer permits. (3) A Resident trailer permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons applying for a trailer permit shall be required to meet the same requirements set forth in § 189-3A. (4) Lessee, Hotel-motel, non-resident seasonal beach and Guest trailer permits shall be issued by the Town Clerk or a person designated by him to persons who meet the requirements for Lessee, Hotel-motel,non-resident and Guest parking permits set forth in § 189-3B, C,D, E and F, respectively 44.5) A trailer permit shall be affixed to the tongue of the trailer, except for hotel-motel trailer permits which shall displayed in the tow vehicle. (56) The fee for a trailer permits shall be set from time by time by resolution of 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 Southold Town Regular Board Meeting June 4, 2019 page 50 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. ✓Vote Record-Resolution RES-2019-531 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - James Dmizio Jr Voter ❑ Withdrawn 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-532 CATEGORY: Legislation DEPARTMENT: Town Clerk Trailer Permit Fees RESOLVED the Town Board of the Town of Southold hereby sets the following trailer permit fees for Norman E. Klipp Boat Ramp to be effective for the following 2019 Boat Trailer Permits: Guest Non-Resident Boat Trailer Fee $35.00 Lessee Non-Resident Boat Trailer Fee $35.00 Motel/Hotel/B & B Non-Resident Boat Trailer Fee $35.00 Non-Resident Boat Trailer Fee $50.00 ✓Vote Record-Resolution RES-2019-532 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder 0 O ❑ ❑ ❑ 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 0 Lost Southold Town Regular Board Meeting June 4, 2019 page 51 VI. Public Hearings 1. PH 6\4 7:01 Pm - Chapter 189-3 Parking Permits RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO:NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 7th day of May, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 189-3 Parking Permits" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 4th day of June, 2019 at 7:01p.m., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189-3 Parking Permits"which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189-3 Parking Permits" BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose The Purpose of the amendment is allow non-resident trailer parking at Klipp Park II. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: § 189-3 Parking permits. [Amended 5-25-1971; 5-9-1972; 3-25-1975 by L.L. No. 1-1975; 12-28-1982 by L.L. No. 9- 1982; 12-28-1984 by L.L. No. 10-1984; 7-14-1987 by L.L. No. 11-1987; 10-23-1990 by L.L. No. 21-1990; 11-24-1992 by L.L. No. 19-1992; 10-18-1994 by L.L. No. 21-1994; 2-23-1995 by Southold Town Regular Board Meeting June 4, 2019 page 52 L.L. No. 4-1995; 4-14-1998 by L.L. No. 5-1998; 7-17-2007 by L.L. No. 17-2007; 8-10-2010 by L.L.No. 8-2010; 9-26-2017 by L.L.No. 13-2017; 11-8-2017 by L.L. No. 17-2017] Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: G. Trailer permits. (1) A Resident trailer permit shall be required for any trailer used to launch a boat at the boat ramp or road end locations set forth in § 189-213 or C. (2) A Resident trailer permit shall be required at all times to park a trailer in any of the parking areas designated in § 189-2A, B, or C, except for Norman E. K1io Marine Park, which in addition to Resident Trailer permits, shall open for parking of trailers with Lessee, Hotel-motel, non-resident seasonal beach and Guest trailer permits. (3) A Resident trailer permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons applying for a trailer permit shall be required to meet the same requirements set forth in § 189-3A. (4) Lessee, Hotel-motel, non-resident seasonal beach and Guest trailer permits shall be issued by the Town Clerk or a person designated by him to persons who meet the requirements for Lessee, Hotel-motel, non-resident and Guest parking permits set forth in § 189-313, C, D, E and F, respectively 4�.5) A trailer permit shall be affixed to the tongue of the trailer, except for hotel-motel trailer permits which shall displayed in the tow vehicle. (56) The fee for a trailer permits shall be set from time by time by resolution of the Town Board. I1I. 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 do have a notarized affidavit that this has been noticed on the Town Clerk's bulletin board and on the town's website. I also have a notarized document that this was published in the Suffolk Times. And I have a letter here that I will read into the record. "To the Members of the Southold Town Board, I am writing today to address the current situation with the permitting process for town boat launches. My family has owned the property at 26 Sandy Beach since the mid 1910's and I've spent my entire life enjoying my summers in this amazing town. It is now impossible for me to bring my boat out with me and put it in the water without having to either drop it in illegally facing possible fine or driver over to Brick Cove marina where I have to pay a Southold Town Regular Board Meeting June 4, 2019 page 53 fairly substantial fee to use their ramp. I would argue that it is unfair to not consider immediate family of property owners when issuing permits to use town ramps. Perhaps re-evaluating the process where a permit is issued per household or an increased yearly fee for immediate family members would help include those of us who don't yet own property ourselves. My specific issue is that our boat is registered in my father's name but the vehicle we use to tow it with is in my name, so I can get a permit for the boat but not the tow vehicle. Short of going to Brick Cove as I mentioned above, there is no way for the adult children of anyone in our community to put a boat in the water. My wife and I bring our children to Greenport as many weekends of the summer that we can and it is unreasonable for me to have to pay $30/weekend to have the boat with me when we have been `residents' of Greenport our entire lives. I may not be a property owner myself but after spending all 37 years of my life out there, I feel like it is my home, too. One last item I would like to add is that the boat ramp on Beach Road is in such bad condition, something should really be done about it if residents are being charged for its use. Before the permitting process went into effect, it was near impossible to recover our 26' boat without it being horribly crooked due to the ramp slope. The concrete below the water line has become so cocked to one side, it's almost unusable. Thank you for taking the time to consider my thoughts. I would appreciate any feedback you feel is appropriate. Thank you, David J. Raines" And that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to comment on this particular pending local law? Councilwoman Jill Doherty COUNCILWOMAN DOHERTY: I would like to comment to that letter that Bob just read. In this proposal of this law, that gentleman would be a guest at his father's house and would be able to pay the guest fee and launch at Norman Klipp park. SUPERVISOR RUSSELL: I will just address, I understand the writers concern with regard to the condition of the Beach Road ramp. That is actually a ramp that is located in the Village of Greenport and not maintained by Southold Town. COUNCILWOMAN DOHERTY: Well, actually we own that because there be...there's history on that. SUPERVISOR RUSSELL: I am aware of the history. COUNCILWOMAN DOHERTY: Okay. It's not maintained by the Village, that's the problem. Supervisor Russell SUPERVISOR RUSSELL: Okay. Nobody wants to speak on this? (No response) Motion to close the hearing. Closing Comments Southold Town Regular Board Meeting June 4, 2019 page 54 Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. Two things that I meant to say about the comments regarding production, processing on site. First and foremost, there has been a lament historically with regard to farming and trying to get it back to food production because a lot of the crops are covered by sod and ornamentals and nursery kind of stuff, all very important to the industry but there has been a lament to move production back to food. If you allow some processing on site, that might very well accomplish that goal. Secondly, the presumption of many of the speakers that adding processing is automatically going to increase water consumption, that's a presumption. It might very well reduce water consumption depending on what crops they grow as a result of that legislation, although there is absolutely no one left to hear my comments, I figured I would share them anyway. Would anyone like to comment on any issue? Please. Robert Skinner, Jamesport ROBERT SKINNER: Good evening and thank you. My name is Robert Skinner, I live at 14 Eileen Circle in Jamesport. And last week I brought to the Town Hall a letter with a list of data, if you will, for the helicopters coming over Jamesport Memorial Day weekend. I saw there was a request in Suffolk Times and so I put it in there. One of the things that I was concerned with was the mentioning of James Harmon, an attorney with the steering committee, was dealing directly with the Eastern Region Helicopter Council. And while I applaud Southold Town's recognition of the fact that it is most likely eastern region Helicopter Council that is running the show here and not the FAA. In fact, the thought process that scattering these routes or scattering these helicopters to nondescript routes was going to have more of an impact on the skies over Riverhead than it would over Southold based on what we were reading. You got my numbers and as I stated, those numbers are consistent with what I submitted to the FAA prior to their workshop meetings in November. What we are seeing and what has come my way because having been active in this since 2015, people come to me and it's you are putting all this effort in and we are not seeing any change, well, they did see change and the people that I know on Manor Lane which is west of me, said it appears as though and I did not solicit this, it came to me, it looks like the helicopters that are going over your house by virtue of the fact that I live under the C 1 - C 2 route are now winding up in our backyard. So that's a shift to the west. Another friend of mine who lives on the Boulevard by Washington Avenue which is again, west, has said there has been an increase in activity on that weekend, Friday, Saturday and Sunday. In addition to that, friends of hers who have a place in the condos over by Iron Pier have gotten to the point where they now want to join the Riverhead Noise Committee because they think it has gone way up. So when I asked the question, where did Mr. Harmon think these were going to go if they were not going to be over Southold and it doesn't appear as though anyone can get Eastern Region Helicopter Council to have them fly completely around Orient Point, this is apparently where they are going. The other thing that I had mentioned or alluded to, it is a north fork issue and we need to get Riverhead and Southold both to have a unified front with this and I realize that Congressman Zeldin has done a great deal but if we all remember it was Senator Schumer and Tim Bishop that were the ones that fostered this whole thing in the beginning with the north shore route. Has there been any efforts by Southold Town to try to get ahold of the Schumer camp and have there be something to make them realize what is going on here via the actions of the Eastern Region Helicopter Council? Southold Town Regular Board Meeting June 4, 2019 page 55 SUPERVISOR RUSSELL: Yes, absolutely. In fact, we have tried to get the ear of the Senator himself. We have in the past had lengthy discussions with his Long Island representative, you know very nice guy, very attentive to our needs but clearly no authority to move the Senator. We actually, I think two years ago, maybe even last year, met with the FAA at Islip airport to discuss the issue. It's one thing for people to remember that this was a deal cut by the Eastern Region Helicopter Council and Senator Schumer to relocate the helicopters away from Floral Park, away from Manhasset, away from Garden City by establishing mandatory north shore route or water route, south shore north shore, that calmed their issue by more or less creating ours. Senator Schumer says he supports an all water route but he refuses to put his money where his mouth is and he has not gone back to the table with the FAA, the eastern region Helicopter Council to negotiate, extending the route beyond Plum Island. The eastern region Helicopter Council doesn't support it, he will not do that. It's all lip service on his part. So we are where we are. That's the reality. Now the FAA, as I am sure you are aware if you are active, the FAA says we don't have the authority to regulate helicopters. That's how that deal got struck. It was a hand shake deal. We promise to honor it. They establish a mandatory route, that's, you know, look, he was the one that led this charge and now he runs around up west with his inflatable podium and gives press conferences in the areas that saw the relief. That's what it gets down to. There is no population center for him out here and he does not care about the east end. That's the reality. COUNCILMAN GHOSIO: I am on the committee and I know Riverhead's committee has had various and many functions that we have invited the Senators as well as the Congressman to come to address the concerns of the people out here and Congressman Zeldin is the only one that has made a great effort towards helping us and he has also extended invitations. We are going to try again, I am going to set up a meeting of both Riverhead and Southold Helicopter Committee's together and trying to get the officials to come and see us, so we will see how that goes but I am not holding out much hope for anybody except the Congressman to be represented. SUPERVISOR RUSSELL: This speaks to the issue, we are looking for a more water route. The congressman submitted a bill, got the bill passed through the House, for an all water route. The Senator, Senator Schumer says he supports an all water route, has yet to propose one single bill to see that go before the floor of the Senate. That's the reality. That's his measure of commitment. Lip service. MR. SKINNER: This is my first Southold Town Board meeting and as I said after the Mattituck-Laurel Civic Association, every time I listen to you guys, I get an education. And I appreciate it very much. Thank you. SUPERVISOR RUSSELL: While you are here, how do you feel about on farm processing? MR. SKINNER: Well, as someone who grew up on a tree nursery on a dirt road in Port Jefferson, a 32 acre tree nursery and basically the economics came what they were and who's married to someone who participates in 1,200 acres of corn and beans in Indiana who are getting their butts whipped by the weather as we speak, I think that it's something that as you say, if it's regulated properly, can help the farmers to stay here. I am also sick and tired of hearing Southold Town Regular Board Meeting June 4, 2019 page 56 politicians and business people talk about the term bucolic from my perspective as it is now being defined by eastern region Helicopter Council. And I, again, found it to be educational and I think passing that was a good, from my perspective, was a good thing. I live right off of Herricks Lane, I have got Kujawski's potatoes to the north of me, I have got the nurseries in the back, I have got the wineries off to the side. Yes, I get to hear all of the pump noise, I get to get all of the dust but it's why we moved back here, okay? And we couldn't afford Southold Town of course, so we wind up on the east end of Riverhead in Jamesport and that's what makes it what it is. Again, that's a north fork issue. There's going to be business that's going to benefit from that, there's going to be business' in Riverhead agriculture that's going to benefit from that, so I think you guys did a good job with it and again, thank you for your time. John Cullen,Northville JOHN CULLEN: Hi, good evening. John Cullen, I live in Riverhead also, over in Northville. I have a bullseye on top of my house for each and every helicopter that come in. I had an email back and forth with Jeff Smith, the East End Region Helicopter Council the other day. He told me that things were going to be 50-50 after the Jim Harmon issue with the North Fork Patch. His 50-50 seems to go out to the local press to impress people, his 50-50 means and I asked him what is your definition of 50-50 and that is 100 percent of the helicopters will be coming over the North Fork. That means I will be getting pretty much 95 percent of the helicopters directly over my house. It's very important to keep the complaint hotline working, it does help. And I just want to read this one other thing, to begin with, his 50-50 so far has not shown any evidence of working whatsoever and just on Sunday, knowing that the.... SUPERVISOR RUSSELL: Just for clarity, when you say 50-50, he means 50 percent... MR. CULLEN: For me 50-50 means that I have a 50 percent chance that I am not going to get a helicopter over my house. I flip a coin and that's 50-50 to me. But the 50-50 to him, 100 percent going this way and 100 percent supposedly going over the ocean on the way back. So we all saw the weather on Sunday, 99 percent of the helicopters came over the north shore on the way in and went back on the north shore on the way back to New York City. That's not 50-50 according to, well, according to me. It might be 50-50 according to Jeff Smith. I just want to read this one line, if you don't mind, it's from Aviation and Airport Development Law News, it was printed January 2, 2019 by Barbara (inaudible) and it says that `mandatory use of the north shore helicopter route, this section requires helicopters departing New York airports for beach communities on the south shore of Long Island to fly over the north shore and thus not disturb occupants on the opposite coast, this provision is obviously limited to Long Island and a response to heavy pressure by influential citizens from the South Fork. It is another example of special interest legislation. Thank you. SUPERVISOR RUSSELL: I agree 100 percent. They estimate that about 20 percent of helicopters fly the ocean route, I think that number is high. And then they will tell you, well, you know the reality is that's where the fixed wing craft comes in and out from East Hampton airport and that has to be handled by air traffic control. So they need to keep everything clear of the clutter of helicopters. I will tell you, East Hampton as a town goes, has been very good and has spent a considerable amount of money trying to be a good neighbor, trying to put substantial Southold Town Regular Board Meeting June 4, 2019 page 57 limits in for their own airport and the FAA actually has the audacity to tell the town they don't have the right to regulate their own airport. They have four pieces of legislation at the code level, two passed, two were defeated on appeal in court. MR. CULLEN: Well, their FAA funds are coming to an end in a year or two... SUPERVISOR RUSSELL: I thought they came to an end about four or five years ago? MR. CULLEN: No. SUPERVISOR RUSSELL: They are still receiving FAA funds? COUNCILMAN GHOSIO: Yes, but it's up, think it's up this year? SUPERVISOR RUSSELL: I thought they ended already. MR. CULLEN: 2021 1 believe. September. We'll see what happens then because they have said they might have to close the airport. SUPERVISOR RUSSELL: Well, you know what, that's the nuclear option. They are aware of it... MR. CULLEN: I have heard your comments, (inaudible) enough is enough. SUPERVISOR RUSSELL: They are getting to a point where, look, we can't regulate this. It's a problem for them just as much as it is for us. They've spent several million dollars litigating this, defending their own code amendments. But I'll put it this way, they are getting to the point where that nuclear option is getting more compelling than it was three, four, five years ago. MR. CULLEN: And that's a quote from their own residents. SUPERVISOR RUSSELL: Out of frustration, absolutely. MR. CULLEN: Thank you for your time. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) Southold Town Regular Board Meeting June 4, 2019 page 58 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:55P.M. Eli beth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell