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HomeMy WebLinkAboutTB-08/11/2020 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK ����OSUFFO(,1COGy PO Box 1179 W Southold,NY 11971 REGISTRAR OF VITAL STATISTICS c Fax(631)765-6145 MARRIAGE OFFICER y'f101 ,�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 August 11, 2020 3:00 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 11, 2020 at the Meeting Hall, Southold,NY. Call to Order 3:00 PM Meeting called to order on August 11, 2020 at Meeting Hall, 53095 Route 25, Southold, NY. _Attendee Nairie �° � '�'` ` Or anization °' � Title Status A ''Airived`� _Sarah E. Nappa Town of Southold Councilwoman_; Present James Dinizio Jr Town of Southold Councilman Present Jill Doherty _� Town of Southold Councilwoman Present E Robert Ghosio Town of Southold Councilman Present _Louisa P. Evans ; Town of Southold Justice ; Remote Scott A. Russell Town of Southold Suervisor�nnPresent Elizabeth A.Neville Town of Clerk I Present ' William M Duffy 1 Town of Southold Town Attorney Present I. Reports 1. Justice Court Reports 2. Land Tracking Report 3. Town Clerk Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 AM - Donald Wilcenski, Heather Lanza and Mark Terry (All Via Zoom) Southold Town Board Regular Meeting August 11, 2020 page 2 2. Supervisor Russell 3. Supervisor Russell 4. Committee Resumes/Re-Appointments 5. Historic Preservation Commission Recommendation for Proposed Addition to Town Landmarks Registry 6. Walsh Park Change of Zone 7. North Fork Community Club Change of Zone 8. MIII Zoning-Plum Island Ferry 9. Announcement: Free Woodchips at Landfill 10. EXECUTIVE SESSION-Labor-Matters Involving the Employment of a Particular Person(S) 11. OPEN SESSION - 9:30 AM - Sam Leone, Conifer LLC and Gwen O'Shea, Community Development Corp. of Long Island Openinjz Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise for the Pledge. Is there anybody that would like to comment on any of the agenda items? Please feel free. We have three public hearings today, we will take comments on those specific public hearings when we adjourn to hold the hearing. In the meantime, is there anyone that would like to comment on any of the agenda items. (No response) V. Resolutions 2020-478 CATEGORY Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 11 2020. -'Vote Record-Resolution RES-2020-478 10 Adopted ------ - -- -- - - - — ---- — Yes/Ay e No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Sarah E Nappa Voter ❑ ❑ ❑ ❑ 0 Tabled James Dmizio Jr Voter ID 11 ❑ ❑ Southold Town Board Regular Meeting August 11, 2020 page 3 ❑ Withdrawn Jill Doherty ( Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio I 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 2020-479 CATEGORY. Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 25 2020 at the Southold Town Hall Southold New York at 7:00 P. M.. ✓Vote Record:Resolution.RES-2020479' 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ l ❑ ❑ Supervisor's Appt James Dmtzio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter RI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ i ❑ ❑ Town Clerk's Appt Louisa P Evans ; Mover 0 ❑ ❑ I ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-480 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Town Attorney Daylight Project Contract FinancialInpact:K1989.2.500.100 RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Supervisor Scott A. Russell to execute a contract with James A. Richter, R.A. for professional design services related to the Town Daylight Project at a cost of Four Thousand Two Hundred Dollars ($4,200.00), pursuant to the proposal dated July 8, 2020, subject to approval by the Town Attorney and funded from budget line H.1989.2.500.100. Southold Town Board Regular Meeting August 11, 2020 page 4 ✓.Vote Record-Resolution RES-2020-480- 21 Adopted ❑ Adopted as Amended ❑ Defeated ------ - ----- - --1 -------- - ----- - ----- - ---- ------- - Yes/Aye No/Nay Abstain Absent ❑ Tabled ------------- ❑ Withdrawn Sarah E Nappa Mover Q ❑ — ❑ ❑ Supervisor's Appt _ James Dmizio Jr ( Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans j Voter Q ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ( ❑ ❑ No Action ❑ Lost 2020-481 CATEGORY. Employment-Town DEPARTMENT.• Accounting NYS Employees Retirement System RESOLVED that the Town Board of the Town of Southold/Location C hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates Days/ Tier 1 Not Work Begins/Ends in Employer's Months (Check Submitted Day Time (based on only if (Check box if (Hrs/day) Keeping Records member no record of System(Y/N) of is in Tier activities Activities) 1) completed or tnnekeepmg system) Justice Daniel Ross 600 1/1/20-12/31/23 N ❑ BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. Southold Town Board Regular Meeting August 11, 2020 page 5 ,-'Vote Record-Resolution RES-2020-481.' 0 Adopted ❑ Adopted as Amended ❑ Defeated -------- -- ------ i --- - - -------- ------ --- - ❑ Tabled ( Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Sarah E Nappa Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr j Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ El ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans E Seconder 0 ❑ ❑ ( ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-482 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District 2020 Budget Modification: SWMD Financial Impact: To fund replacement of primary fuel pump on Volvo loader. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 Solid Waste Management District budget as follows: From: SR 8160.4.100.525 Payloader/Truck Tires $1,950 SR 8160.4.400.250 Computer Software Support 1,000 SR 8160.4.450.301 Promotional Items 1,500 SR 8160.4.600.200 Meetings and Seminars 750 Total $5,200 To: SR 8160.4.100.553 Maint/Supply Volvo #1 $4,000 SR 8160.4.400.652 Repairs Volvo #1 $1,200 Total $5,200 ✓, Vote Record-Resolution RES-2020-482 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain i Absent ❑ Defeated Sarah E Nappa ! Voter 0 0 0 ❑ ❑ Tabled James Dmizio Jr j Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty i Mover 0 ❑ ❑ j ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ j ❑ ❑ Tax Receiver's Appt Louisa P Evans 1 Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting August 11, 2020 page 6 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-483 CATEGORY.• Employment- FIFD DEPARTMENT. Accounting Resolution 2020-121 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2020-121 of the Fishers Island Ferry District adopted August 3, 2020 to read as follows: WHEREAS the Ferry District requires additional Deckhands (FIFD); Therefore, it is RESOLVED to reinstate, with effect August 12, 2020,Jonathan Allen as a part-time Deckhand (FIFD) at a rate of$13.66 per hour. It is further RESOLVED to temporarily appoint with effect August 14, 2020 Mr.Allen from part-time to full-time summer seasonal status Deckhands (FIFD). On September 15, 2020, Mr.Allen will terminate his summer seasonal position and on September 16, 2020 be re-appointed to part-time Deckhand (FIFD). Vote Record-Resolution RES-2020-483 0 Adopted ❑ Adopted as Amended ❑ Defeated - -- — - - - - - - - --- - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled --- - - --- - ---- --- ❑ Withdrawn Sarah E Nappa ( Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ El ( El- 11 Tax Receiver's Appt Jill Dohertv Voter 0 ❑ 11 El ❑ Rescinded Robert Ghosio ( Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ` ❑ El Supt Hgwys Appt Scott A Russell ( Voter D ❑ ❑ j ❑ ❑ No Action ❑ Lost 2020-484 CATEGORY. Landfill Misc. DEPARTMENT. Solid Waste Management District Woodchip Fee Waiver Southold Town Board Regular Meeting August 11, 2020 page 7 RESOLVED by the Town Board of the Town of Southold that, to help provide adequate space for debris received from tropical storm Isaias, fees for the removal of woodchips from the Cutchogue compost facility are hereby waived until further notice. Vote Record-Resolution RES-2020-484- Rl Adopted ❑ Adopted as Amended ❑ Defeated ---- - - - - -- - - -—-- --- ---- — - Yes/Aye No/Nay Abstain ( Absent ❑ Tabled ---- - ❑ Withdrawn Sarah E Nappa I Voter Rl ❑ ❑ j ❑� ❑ Supervisor's Appt James Diinzio Jr j Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio i Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans i Seconder Z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ j ❑ ❑ No Action ❑ Lost 2020-485 CATEGORY. Contracts,Lease&Agreements DEPARTMENT: Public Works GEE-Downs Farm Preserve Financiallmpact:A.1620.4.500.100 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the Group for the East End in connection with environmental and stewardship programs at the Downs Farm Preserve and other appropriate sites or preserves for the amount of$25,000 for the term of January 1, 2020 through December 31, 2020, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2020-485 ❑✓ Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain i Absent El Withdrawn Sarah E Nappa ; Mover Z ❑ ❑ j ❑ ❑ Supervisor's Appt James Dinizio Jr Seconder, ❑ ❑ ElEl� El Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Robert Ghosio Voter Rl ❑ ❑ ! ElEl Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ❑ ❑ Supt Hgwys ApptScott A Russell ; Voter D ❑ ❑ + ❑ ❑ No Action ❑ Lost 2020-486 Southold Town Board Regular Meeting August 11, 2020 page 8 CATEGORY.• Budget Modification DEPARTMENT. Accounting 2020 Budget Modification -Emergency Preparedness Financial Impact:Increase budget for certain COVID-19 expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Fund Whole Town budget as follows: From: A.1990.4.000.100 Unallocated Contingencies $6,000 Total $6,000 To: A.3640.4.100.100 Emergency Preparedness, Mise Supplies $1,000 A.3640.4.100.200 Emergency Preparedness, Other Equip 1,000 A.3640.4.400.300 Emergency Preparedness, Contract Svc 4,000 Total $6,000 ✓Vote Record-Resolution RES-2020-486 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain i Absent ❑ Tabled ------- -- ---------- 0 Withdrawn Withdrawn Sarah E Nappa Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt .lames Dimzio Jr � Mover Q ❑ ❑ � 11 ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ 1i Li ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ( ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-487 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2020 Budget Mod fcation -DPW Financial Impact. Increase budget for Downs Farm Contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2020 General Fund Whole Town budget as follows: From A.1620.4.400.300 DPW, Dredging Goldsmiths $500 A.1620.4.600.250 DPW, Meeting & Seminars 500 Southold Town Board Regular Meeting August 11, 2020 page 9 Total $1,000 To: A.1620.4.500.100 DPW, Downs Farm Services $1,000 Total $1,000 ✓,Vote Record-R6olution,RES-2020-487 Q Adopted ❑ Adopted as Amended ❑ Defeated I Yes/Aye No/Nay Abstain Absent ❑ Tabled 11 Withdrawn Sarah E.Nappa Voter Q ❑ ❑ ; ❑ ❑ Supervisor's Appt James Dmizio Jr Voter Q ❑ ❑ ( ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ 11 ❑ Rescinded Robert Ghosio I Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, Q ❑ ❑ j ❑ ❑ Supt Hgwys Appt Scott A Russell 1 Voter Q ❑ ❑ j ❑ ❑ No Action ❑ Lost 2020-488 J CATEGORY.- Advertise DEPARTMENT. Human Resource Center Request to Advertise for PT Minibus Driver RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two weeks for the position of PT Minibus Driver for the Human Resource Center for at a rate of$19.11 per hour. °✓Vote Record°=`Resolution RES-2020-488 ' Q Adopted ❑ Adopted as Amended ❑ Defeated ---—— - --- --- — ------- -- - - j Yes/Aye No/Nay Abstain Absent ❑ Tabled - - ------ . --- -- -- ❑ Withdrawn Sarah E Nappa I Voter Q V ❑ ❑ j ❑ ❑ Supervisor's A t .lames Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Dohertv Seconder Q ❑ ❑ j ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ; Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-489 CATEGORY. Employment- Town DEPARTMENT: Accounting Southold Town Board Regular Meeting August 11, 2020 page 10 Amend Resolution 2 02 0-396 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2020-396 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby acknowledlZes the intent to retire of Roxana Cruz from the position of Spanish Speaking Clerk for the Police Department, effective August 29, 2020. ✓Vote Record-Resolution RES-2020-489 0 Adopted ❑ Adopted as Amended ❑ Defeated I Yes/Aye No/Nay Abstain ; Absent ❑ Tabled ❑ Withdrawn — — -------- - --- -- Sarah E Nappa ( Voter 0 ❑ ❑ 1 ❑ ❑ Supervisor's Appt James Dti`itzio Jr Voter 0 ❑ ❑ j ❑ ❑ Tax Receiver's Appt Till Doherty ( Seconder 0 ❑ ❑ j ❑ ❑ Rescinded Robert Ghosto Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt H,-wys Appt Scott A.Russell' ( Voter 0 ❑ ❑ j ❑ ❑ No Action ❑ Lost 2020-490 CATEGORY.- Employment-Town DEPARTMENT: Accounting Acknoti,ledges the Intent to Retire Roxana Cruz WHEREAS, the Town of Southold has received notification via U.S. Mail on August 10, 2020 from the NYS Retirement System concerning the retirement of Roxana Cruz effective August 29, 2020 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Roxana Cruz from the position of Clerk(Spanish SpeakinLr) for the Police De artment, effective August 29, 2020. ✓Vote Record-Resolution RES-2020-490 ' 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nav Abstain ? Absent ❑ Defeated Sarah E Nappa Mover 0 ❑ ❑ ❑ ❑ Tabled James Dimzio Jr Seconder 0 ❑ ❑ ❑ ❑ Withdrawn .till Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosto j Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans 1 Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting August 11, 2020 page 1.1 0 Supt Hgwys Appt ❑ No Action ❑ Lost 2020-491 CATEGOR'Y.• Employment-Town DEPARTMENT. Accounting Retirement Resolution for Elected Officials WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12,2009,who are members of the New.York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log,of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE; BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes.the following as.standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk,of this body: Title Name Standard Term Begins/, Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping (Hrs/day), System Town Tax Receiver Kelly Fogarty 6 12/1/19-11/30/23 N 27.33 days/month BE IT FURTHER RESOLVED,that'said standard is being established to meet`the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED,that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State'Employees Retirement System. 1, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with-the original resolution passed by such board, at a legally convened meeting held on the 11" day.of August, 2020 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six(6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the sea] of the Town of Southold, on this 111h day of August,2020. Southold Town Board Regular Meeting August 11, 2020 page 12 SEAL Elizabeth A.Neville Town Clerk Town of Southold ✓Vote Record-Resolution RES 2020-491 q_ Q Adopted ❑ Adopted as Amended ❑ Defeated - - ------- -- - - ! Yes/Aye No/Nay Abstain i Absent ❑ Tabled --- - ❑ Withdrawn Sarah E Nappa Voter Q ❑ ❑ j El James Dinizio Jr Mover Q El ❑ El Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty j Voter Q ❑ ❑ i ❑ ❑ Rescinded Robert Ghosio f Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ! ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ I ❑ ❑ No Action ❑ Lost 2020-492 CATEGORY.• Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee 43329 effective July 6, 2020 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2020-492 - Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain I Absent ❑ Tabled Sarah E Nappa El ElVoter Q ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dmizio Jr j Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty j Mover Q ❑ El ❑ ❑ Rescinded Robert Ghosio ! Voter Q ❑ ❑ j ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ c ❑ ❑ No Action ❑ Lost 2020-493 CATEGORY. Legal Southold Town Board Regular Meeting August 11, 2020 page 13 DEPARTMENT: Town Attorney SOA -A uton?echanic III RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Stipulation of Agreement between the Town of Southold and the CSEA Local 1000,AFSCME,AFL-CIO, Town of Southold Unit 8785 of Suffolk Local 852, regarding the hiring of an Automotive Mechanic III, subject to approval by the Town Attorney. Vote Record=-Resolution RES-'2020=493' x El Adopted ❑ Adopted as Amended ❑ Defeated — 1 — ---- ---- — ❑ Tabled Yes/Aye No/Nay Abstain 3 Absent _ ❑ Withdrawn Sarah E Nappa I Voter D ❑ El El ❑ Supervisor's Appt James Dmizio Jr Voter lZ ❑ ❑ ( ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ? ❑ ❑ Rescinded Robert Ghosto ( Seconder 2 ❑ ❑ ! ❑ ❑ Town Clerk's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 19 ❑ Elj ❑ ❑ No Action ❑ Lost 2020-494 CATEGORY. Employment-Town DEPARTMENT: Accounting Appoint John Bakoivski Auton7otive Mechanic III RESOLVED that the Town Board of the Town of Southold hereby appoints John Bakowski to the position of Automotive Mechanic III for the Highway Department, effective August 27, 2020, at a rate of$31.8249 per hour subject to pre-employment DOT testing requirements and background search completion. ✓Vote Record-Resolution RES-2020-494 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -- -- - ❑ Withdrawn Sarah E Nappa I Voter C✓1 ❑ ❑ t ❑ 11 Supervisor's Appt James Dmtzio Jr 1 Voter 2 ❑ ❑ ; ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 2 El El ❑ Rescinded Robert Ghosio I Mover 0 El El ; ❑ ❑ Town Clerk's Appt Louisa P Evans I Voter 0 El ❑ ❑ ❑ Supt Hgwvs Appt Scott A Russell 1 Voter 171 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 11, 2020 page 14 2020-495 CATEGORY.- Employment-Town DEPARTMENT: Accounting Accepts Resignation of Erica Bufkins RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Erica Bufkins from the position of FT Planner for the Planning Department effective close of business August 6, 2020. `✓Vote Record=Resolution,RES-2020-495 Rl Adopted ❑ Adopted as Amended ❑ Defeated ---- - ---- ---- — ---- - ---- — Yes/Aye No/Nay Abstain Absent El❑ TbledWithdrawnSarah E Nappa Mover 0 ❑ 11 ( ❑ James DmR] 11izio Jr Seconder ❑ ❑ ❑ Supervisor's's Appt ❑ Tax Receiver's Appt Jill Doherty j Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ j ❑ ❑ Town Clerk's Appt Louisa P Evans ( Voter ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-496 CATEGORY.• Local Law Public Hearing DEPARTMENT: Town Attorney PH 9/8 4:30 Pm LL Chapter 51 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11"I day of August , 2020, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 51, Police Department in connection with the establishment of a Board of Police Commissioners." now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 8th day of September, 2020 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 51, Police Department in connection with the establishment of a Board of Police Commissioners." reads as follows: 1 Southold Town Board Regular Meeting August 11, 2020 page 15 LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 51, Police Department in connection with the establishment of a Board of Police Commissioners." BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. ` The purpose of this local law is to provide proper support and oversight of the operations of the police department. II. Chapter 51-2 of the Code of the Town of Southold is hereby amended as follows:- § 51-2 Board of Police Commissioners. A. The Town Board of the Town of Southold has determined that in order to provide proper support and oversight of the operations,of the police department it is necessary to supersede the provisions of Town Law section 150 (2)pursuant to the Municipal Home Rule Law of the State of New York t a time b resolution, may establish a Board of Peli Gommissioner-s for-the Town and appoint one of thfoe Poliee 7 shall, atthe tifne of their-appointment and thfoughout their-teFm of offiee be owners of feeer-d of real pr-operty in and eleetor-s of the and who shall sen,e�A4theut eampensation and at the 7 pleasure of the Town erd.if the T-ov,., Board hall-mint only ene sueh Police shall,Commissioner-, it iii addition, designate t-we meffiber-s of the Town v,e as members of such Pahee Commission. B. The Town Board hereby establishes a board of Police Commissioners and that each member of the Town Board shall be designated a Commissioner of said Board of Commissioners and , when se designated, s ,eh Super„;so f shall have all the powers of and perform the duties of such Board of Police Commissioners. G. When eitheF of sueh Boards of Pokee Commissioners shall hm,e been established or-the Poliee Commissioner-shall ha-ve and exer-eise all the powers relative to poliee mat4er-s eon eked upon the'T.,,,.,-, Board by this ehapter 1 D. The Town Board l my, .,Tbr ,1„t; ,r at any time abolish ,mob Police ! mm;ss;A!A Alto > designationthe only shall e e the powers r,fefred , pon it by this ehar,ter 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 Board Regular Meeting August 11, 2020 page 16 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES 2020=496, 0 Adopted ❑ Adopted as Amended ❑ Defeated ------------ - ------ - _ -- - -- - ---- ---- --- Yes/Aye No/Nay Abstain Absent ❑ Tabled — -- - ---- - ❑ Withdrawn - Sarah E Nappa Voter 0 ❑ ❑ ; ❑ ❑ Supervisor's Appt James Dmizio Jr Mover 0 ❑ ❑ j ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ 3 ❑ ❑ 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 2020-497 CATEGORY.• Special Events DEPARTMENT.• Town Clerk American Legion Car Show RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 30, 2020 from 9:00 AM to 4:00 PM at the American Legion, Main Road, Southold and a partial closure of Tuckers Lane, provided the applicant: files with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; complies with all the provisions of the Town's Special Permit Policy, and; complies with all current, or as may be amended, Executive Orders issued by the Governor of the State of New York in response to the COVID-19 pandemic. All fees associated with this approval shall be waived, with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2020-497 0 Adopted ❑ Adopted as Amended ❑ Defeated C Yes/Aye No/Nay Abstain ( Absent ❑ Tabled Sarah E.Nappa Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dmizio Jr I Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty i Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio j Voter 0 ❑ ❑ j ❑ ❑ Rescinded Louisa P Evans ; Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ j ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting August 11, 2020 page 17 ❑ Lost I 2020-498 CATEGORY.• Equipment DEPARTMENT. Accounting Police Dept Transfer of Asset to Dept of Public Works RESOLVED that the Town Board of the Town of Southold hereby transfers Asset#3361,2005 Ford F150 Crown Victoria with VIN #2FAHP71W35X138818 from Southold Town Police Department to the Southold Town Department of Public Workseffective immediately. ✓Vote Rccord=Resolution RES=2020=498, `,� 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Sarah E Nappa ( Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ i ❑ ❑ Tax Receiver's Appt Jill l Doherty Voter 0 ❑ ❑ 1 ❑ ❑ Rescinded Robert Ghosio Seconder M ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover M ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter M ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-499 CATEGORY.- Recommendations DEPARTMENT. Town Attorney Second Parsonage Designation RESOLVED that the Town Board of the Town of Southold hereby designates the George Young farmhouse as historic and is to be added to the town's register of Historic Landmarks; the house is owned by Robert Hanlon and Jessica Frankel and is located at SCTM 1000-18-6-25, 28775 Route 25, Orient,New York, all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by property owners. ✓Vote Record-Resolution,RES-2020-499 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Sarah E Nappa Voter M ❑ ❑ ❑ ❑ Defeated .lames Dmizio Jr Voter 0 ❑ ❑ I ❑ ❑ Tabled Jill Doherty Voter M ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover M ❑ ❑ ❑ Southold Town Board Regular Meeting August 11, 2020 page 18 ❑ Supervisor's Appt Louisa P Evans j Seconder ❑ ❑ ❑ ( ❑ ❑ Tax Receiver's Appt Scott A Russell { Voter 0 ❑ ❑ ; ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2020-500 CATEGORY.• Local Law Public Hearing DEPARTMENT: Town Attorney PH 9/8 4:30 Piz Change of Zone 15-9-9 WHEREAS on October 22, 2019 the Town Board of the Town of Southold adopted the Marine III Zoning District (M-III); and WHEREAS the purpose of the Marine III (MIII) District is to provide a waterfront location in the portion of the Town located on Long Island for ferry service to and from Plum Island; and WHEREAS the primary access to and from Long Island to Plum Island is currently provided by a ferry operated by the federal government on a 9.Os acre parcel located in Orent Point and identified on the Suffolk county Tax map as parcel # 1000-15.-9-9; and WHEREAS the federal government, which currently owns Plum Island, has announced its intention to close the research facility on Plum Island and eventually sell the island; and WHEREAS the Town Board has previously requested the Planning Board to prepare a report and recommendations on the rezoning; and WHEREAS the Planning Board in a memorandum dated March 6, 2020 recommended that the zoning of the aforementioned parcel be changed from M-II to M-III, therefore be it RESOLVED that the Town Board of the Town of Southold is considering the change of zone of this parcel of property from M-II to M-III, and it is further RESOLVED that the Town Clerk forward the matter to the Suffolk County Planning Commission for review and recommendation; and be it further RESOLVED that pursuant to the requirements of NYS Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM 1000-15.-9-9 from Marine II to Marine III" at the Southold Town Hall, 53095 Main Road, Southold, New Southold Town Board Regular Meeting August 11, 2020 page 19 York at 4:30 .m. Tuesday, September 8 2020. ✓-vote l kecord-Resolution RES-2020-500',,,`,'--- R1 Adopted ❑ Adopted as Amended ❑ Defeated ---- -- ---- - -� — ----- - --- ----- - - ❑ Tabled -- Yes/Aye No/Nay Abstain i Absent ❑ Withdrawn Sarah E Nappa Mover 0 ❑ ❑ I ❑ ❑ Supervisor's Appt James Dmizio Jr Seconder 0 ❑ ❑ j ❑ ❑ Tax Receiver's Appt Jill Doherty �� Voter 0 ❑ ❑ j ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ' Voter 0 ❑ ❑ { ❑ ❑ Supt Hgwys Appt Scott A Russell �� Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2020-501 CATEGORY.• Ratify Fishers Island Reso. DEPARTMENT.• Fishers Island Ferry District FIFD 8/3/20 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 August 3, 2020, as follows: r FIFD - Resolution# Regarding 2020 - 114 Budget Mod 2020 - 118 Insurance 2020 - 119 Election Inspectors 2020 - 120 Rescind ✓Vote Record`-ResolutionRES-2020-501' 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated ---- ------ - -- ❑ Tabled Sarah E Nappa Voter 0 ❑ ❑ j ❑ ❑ Withdrawn James Din¢io Jr I Mover 0 ❑ ❑ l ❑ ❑ Supervisor's Appt Jill Doherty i Voter 0 ❑ ❑ j ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑,Rescinded Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ i ❑ 0 Supt Hgwys Appt Southold Town Board Regular Meeting August 11, 2020 page 20 ❑ No Action ❑ Lost Comments after Public Hearings JUSTICE EVANS: I would like two weeks to think over and then we can take a vote in two weeks as opposed to tonight? SUPERVISOR RUSSELL: Actually, there's three public hearings, so do you want to go one by one to determine? COUNCILWOMAN DOHERTY: Do you want to.... JUSTICE EVANS: No, I am talking about the one we just.... SUPERVISOR RUSSELL: Okay. JUSTICE EVANS: The first one, we had no comment so I have no problem voting on that one. SUPERVISOR RUSSELL: So, let's list each one and we'll get a vote by the Board as we go. Comment regarding resolution 502 COUNCILWOMAN DOHERTY: I think we should wait two weeks because we had some comment, we got the letters in late and I think we need to give everybody time to absorb those letters so I would like to wait for two weeks. So if we could table this vote for two weeks. 2020-502 CATEGORY: Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 117 Sanitary Flow Credits WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14t" day of July, 2020, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117,Development Rights, Transfer of, in connection with Sanitary Flow Credits" 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 therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" reads as follows: Southold Town Board Regular Meeting August 11,2020 'page 21 LOCAL LAW NO. 8 of 2020 'A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as,follows: I. Purpose. The purpose of this local law is to improve the transfer of.sanitary flow credits in support of affordable housing projects, as well as dealing with impacts to the public's health, safety and welfare that result therefrom. II. Chapter 117 of the Code of the Town of Southold is hereby amended to include the --underlined words and removal of struck through portions as follows' § 117-3 Definitions. 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 the latest edition). ELIGIBLE PROJECT The following projects are eligible to receive sanitary flow credits: 1.. Projects located in a receiving district that are permitted uses-in the zoning district in which the subject property is located. 2. Projects in an Affordable Housing Zoning District; 3. Town of Southold municipal buildings. SANITARY FLOW RIGHT - The right to discharge to the groundwater 300 gallons of wastewater per,day pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT -An area of the Town that is desirable to be developed more intensively than areas outside the district. RECEIVING PARCEL - Land within a receiving district to which'sanitaryflow generated from one or more sending parcels are transferred. SANITARY FLOW CREDITS- A sanitary flow credit shall correspond to per twenty'thousand (20,000) square feet of lot area which is the equivalent of three-hundred (300) gallons per day(GPD) flow'(e.g., a one (1) acre lot in an R-40 zone could send two (2) density flow credits). TRANSFER OF SANITARY FLOW CREDITS -The process by which sanitary flow credits are transferred from one lot, parcel, or area of land ih any sending district to another lot, parcel, ' or'area of landin,one or more receiving districts. Sanitary'flow shall be transferred from a Southold Town Board Regular Meeting August 11, 2020 page 22 lot parcel or area of land to another area of land in one or more receiving districts at rate of three hundred (300gallons per day (gpd) of flow. ^ sanitary flow er-e it shall equivalent , x n +„ r twenty thousand Mn0001 square feet of lot . „,ie is the -Vf tbree hundred (300) gallons per-day (GPD) flow , aone (1) aere lei in an R 40 zone u111 send two \Ll density flow SENDING DISTRICT -An area of the Town that is desirable to be preserved as open space. SENDING PARCEL -Land from which sanitary flow credits are transferred for use in one or more receiving districts in the Town of Southold. § 117-4 Applicability; general prohibitions. A., Applicability. Any and all sanitary flow credit-transfers within the Town of Southold shall be in accordance with this chapter. B. General prohibitions. (1) If not expressly permitted within this chapter,the transfer of sanitary flow credits is prohibited. (2) All transfers of sanitary flow credits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit bank (SFC bank) in which sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit.. B. The lands from which sanitary"flow credits are to be transferred into the bank were ,;,.ea shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will,allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively in ,.emieetio, with Southold Town Board Regular Meeting August 11, 2020 page 23 on parcels within a receiving district. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district'shall be any land designated as General Business (B) Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District (AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater management zone. (4) Nothing herein shall prevent the transfer of sanitary flow credits from a lot, parcel or area of land within a receiving district to another lot, parcel or area of land within the same receiving district B Designation of deyel,.rme, t rights.is n development right, for-the puToses of this L. LVJl�11U 11 V11 Vl UV V V1V1.J111 Vl11 li�, . , ,.1,apte,., shall be limited ton „i+.,,-., fl.,., or-edit-. B. Project Criteria. (1) In order to qualify for the transfer of sanitary flow, a project must be an "eligible project" as defined in section §117-3, (2) For any mixed use project that includes housing, at least half of the dwelling units proposed must be proposed as affordable housing units as defined by section §280-30. (3) For any project that is strictly a proposed residential project, all'of the dwelling units must be proposed as affordable dwelling units as defined by section X280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, the sanitary flow credits from the property shall be placed into the Town SFC bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database and geographic information Southold Town Board Regular Meeting August 11, 2020 page 24 system (GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred.No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development rights,program or other easement, transfer, restrictive covenant or otherwise. § 117-9 Procedure for transfer from bank to receiving district. Upon application by the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change-of-zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board shall consider the factors set forth in § 117-9E below in its report and recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible• nder the transfer- of development rights � pre is. , that would result from the proposed transfer of sanitary credits, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. The Town Board may condition the transfer of sanitary flow credits on the Southold Town Board Regular Meeting August 11, 2020 page 25 applicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving parcel that the Town Board deems appropriate and necessary to ensure that the criteria in'paragraph"E" of this section are met. In projects involving affordable housing the applicant shall be required to file covenants and restrictions stating that the affordable'housing created shall remain affordable in perpetuity. FG. Sanitary flow credits shall'not be transferred out of the•school, special assessment or tax districts unless the Town Board determines that there is rid other available lot within said districts to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of,such districts. GH: -Following the`public hearing,the Town-Board may,Iby resolution=thorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit-certificate, which shall not be signed by the Supervisor and released by the Town Clerk to,the applicant until the covenants and restrictions as set forth at § 117-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit." f D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, the Tax Assessor's office;the Land Preservation Department, the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. ' A. Following the Town Board''resolution granting a transfer,of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter;the applicant shall file in the office of the Suffolk County Clerk an_y required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary,to ensure that 1) the criteria for approving the transfer of'sanitary flow credits contained'in paragraph'"E" of section 117-09 are met, 2)than any affordable the dwelling'unit created by the transferred credit remains affordable in perpetuity_,aPA 3) that the affordable dwelling unit shall be Southold Town Board Regular Meeting August 11, 2020 page 26 leased or sold only to eligible individuals registered with the Town of Southold Housing Registry..., and 4) that the The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing,Fund, and §§ 280-24 through 280-33,,Affordable Housing (AHD) District, and the sale and/or lease price shall be set by resolution of the Town Board. B. ' A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution.No sanitary flow credit certificate shall be issued until the covenants and.restrictions have been filed and such filing has,been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, the Tax Assessor's-office, the.Land Preservation Department, the Special Projects.Coordinator and the Planning Department for inclusion in the Town database. § 117-12 Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing, by personal service or certified mail,has been given to the property owner. § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-1OD. § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit-to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings,Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by, the Town Clerk to those Town departments referenced in § 117-1OD. III. SEVERABILITY. If any clause, sentence,paragraph, section, or part of this Local L-aw shall be adjudged by any _ court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Southold Town Board Regular Meeting August 11, 2020 page 27 IV. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. "✓Note°Record 'Res6lutiodRES-2020-502,' ❑ Adopted ❑ Adopted as Amended , ❑ Defeated -- -------- ----� - 0 -Yes/Aye--- ------ — -- - — ---- Tabled Yes/Aye No/Nay Abstain i Absent ❑ Withdrawn Sarah E Nappa Seconder, Q ❑ ❑ ❑ ~ ❑ Supmisor's Appt James Dimzio Jr Voter 10 El El El ❑ Tax Receiver's Appt Jill Doherty Mover ❑ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑, ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:8/25/20 7:00 PM Comment regarding resolution 503 SUPERVISOR RUSSELL: Let me just give a quick explanation, I had raised some concerns in the past with regard to holding public hearings and only being able to utilized zoom because I think we need to maximize public participation as best we can however, I have supported the voting on resolutions for the local laws that are either administrative in nature or they are issues that have already been brought before the Boards in the past. This is a$1.2 million project that is actually self-funded by the residents of the ferry district (inaudible). 2020-503 CATEGORY.• Bond DEPARTMENT. Fishers Island Ferry District Resolution & Order After Public Hearing FIFD WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "District"), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to a resolution of said Board of Commissioners, which together with a petition in due form, was duly submitted to the Town Board (the "Town Board") of the Town, has requested that Town Board call a public hearing to hear all persons interested in the subject thereof-, and WHEREAS, on July 14, 2020, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the District, adopted an Order pursuant to Section 202-b of the Town Law, describing in general terms a proposed increase and improvement of facilities, consisting of the replacement of four (4) engines and ancillary components on the Ferry Race Point to meet service needs between New London, Connecticut and Fishers Island, at the aggregate estimated maximum cost of $1,265,000; and said Order stated that the Town Board would meet to hear all persons interested in said increase Southold Town Board Regular Meeting August 11, 2020 page 28 and improvement of facilities on August 11, 2020 at 3:00 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold,New York; and WHEREAS, it is expected that grant funds will be received, including a VW Environmental Mitigation Grant, administrated by the State of Connecticut, and any such grant funds received are authorized to be used to pay a part of the cost of such project, or to pay debt service related thereto; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on August 11, 2020 at 3:00 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the District, as lead agency, has given due consideration to the impact that the project described herein may have on the environment pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 NYCRR, Regulations Part 617.5 and has determined that the acquisition of a high speed ferry is a Type I1 action and no further environmental review is required for said project; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of$1,265,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Board of Commissioners shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of Attorney for said Board, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby Southold Town Board Regular Meeting August 11, 2020 page 29 FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office ,of the Clerk of Suffolk County within ten (10) days after adoption hereof. .✓Vote Record-Resolution RES-2020-5'03, " 0 Adopted ❑ Adopted as Amended ❑ Defeated —- ------ - ------ - - -- - ❑ Tabled Yes/Aye No/Nay Abstain i Absent ❑ Withdrawn Sarah E Nappa Voter El ❑ ❑ } ❑ ❑ Supervisor's Appt Janes Dmizio Jr Voter Q ❑ ❑ ( ❑ ❑ Tax Receiver's Appt Jill Doherty Mover -- ❑ ❑_ ❑____ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Secondee` 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ 0 No Action ❑ Lost 2020-504 CATEGORY. Bond DEPARTMENT.• Fishers Island Ferry District Bond Resolution FIFD WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York determined that it is in the public interest to increase and improve the facilities of the Fishers Island Ferry District (referred to herein as the "District"), and ordered that such facilities be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $1,265,000 for the increase and improvement of facilities of the District, consisting of the replacement of four (4) engines and ancillary components on the Ferry Race Point to meet service needs between New London, Connecticut and Fishers Island. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,265,000. The plan of financing includes the issuance of bonds in the principal amount of$1,265,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations. It is expected that grant funds will be received including a VW Environmental Mitigation Grant, administrated by the State of Connecticut, and any such grant Southold Town Board Regular Meeting August 11, 2020 page 30 funds received are authorized to be used to pay a part of the cost of such project, or to pay debt service related thereto. If such grant funds are received, the principal amount of bonds issued shall be reduced by a like amount. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of$1,265,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 26 of the Law, is thirty-five (35)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. 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 exceed five (5)years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation 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 issued 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 the renewals of said bond anticipation notes, and relative 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 said bonds, may be contested only if: Southold Town Board Regular Meeting August 11, 2020 page 31 (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, 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 resolution shall take effect immediately and the Town-Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary,,, in "The Suffolk Times, " a newspaper having a general circulation in said Town, which newspaper is hereby designated-as the official newspaper of the Town for such publication,-together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on August 11, 2020, 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. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: August 11, 2020 Southold,New York Elizabeth A. Neville Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEV YORK, ADOPTED AUGUST 11, 2020, APPROPRIATING $1,265,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $1,265,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the replacement of four (4) engines Southold Town Board Regular Meeting August 11, 2020 page 32 and ancillary components on the Ferry Race Point to meet service needs between New London, Connecticut and Fishers Island at the estimated maximum cost of$1,265,000. The maximum amount of obligations authorized to be issued is $1,265,000. The period of probable usefulness is thirty-five (3 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, Town Hall, 53095 Main Road, Southold,New York ✓emote Recprd-, solution RES-2020-504 0 Adopted ❑ Adopted as Amended ❑ Defeated �- - - -- -- --- ----- -�- -------- - - --- ----- - - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled -- - ❑ Withdrawn Sarah E Nappa Voter 0 ❑ -❑ j -❑ ❑ Supervisor's Appt lames Dimzio Jr ( Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty j Mover 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 , Councilwoman Doherty COUNCILWOMAN DOHERTY: And the last.public,hearing, there wasn't a vote on the agenda. TOWN ATTORNEY DUFFY: There is no resolution but (inaudible)_but the Town Board, within 90 days, have to adopt a findings statement, so there is nothing to adjourn to. Inaudible. COUNCILWOMAN DOHERTY: Alright, thank you. VI. Public Hearings 1. 8/113:00 pm Bond FIFD - Ferry Race Point Engines TOWN ATTORNEY DUFFY: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, shall hold a public hearing on Tuesday, August 11, 2020 at 3:00 p.m., or as soon thereafter as this matter can be heard, to consider any and all comments in relation to the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the replacement of four (4) engines and_ancillary components on the Ferry Race Point, to meet service needs between New London, Connecticut and Fishers Island, at the estimated maximum cost of$1,265,000. Southold Town Board Regular Meeting August 11, 2020 page 33 It is expected that grant funds, including a VW Environmental Mitigation Grant, administrated by the State of Connecticut, may be received and any such grant funds are authorized to be used to pay a part of the cost of such project, or to pay debt service related thereto. Due to public health and safety concerns related to COVID-19, the Public will not be given in-person access. In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments virtually. The hearing will be held virtually via ZOOM Webinar. Instructions and link to attend the meeting will be available on the Town's website or by calling the Town Clerk's office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at elizabeth.neville@town.southold.ny.us <mailto:elizabeth.neville town.southold.ny.us> and Lynda.ruddergtown.southold.ny.us <mailto:Lynda.rudderactown.southold.ny.us>. Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to'the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town's website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. TOWN CLERK NEVILLE: I have affidavits that this was published in the Suffolk Times and the New London Day and the Fishers Island website and an affidavit from myself that it was posted on the Town Clerk's bulletin board and on the town website. SUPERVISOR RUSSELL: I am going to offer anybody that would like to comment on this public hearing to please feel free. (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell 2. Ph 8/113:00 pm Chapter 117 Sanitary Flow Credits TOWN ATTORNEY DUFFY: NOTICE IS HEREBY GIVEN, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2020, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117,Development Rights, Transfer of, in connection with Sanitary Flow Credits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Southold Town Board Regular Meeting August 11, 2020 page 34 Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rilzhts, Transfer of, in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve the transfer of sanitary flow credits in support of affordable housing projects, as well as dealing with impacts to the public's health, safety and welfare that result therefrom. II. Chapter 117 of the Code of the Town of Southold is hereby amended to include the underlined words and removal of struck through portions as follows: § 117-3 Definitions. 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 the latest edition). ELIGIBLE PROJECT The following projects are eligible to receive sanitary flow credits: 1. Projects located in a receiving district that are permitted uses in the zoning district in which the subiect property is located. 2. Projects in an Affordable Housing Zoning District; 3. Town of Southold municipal buildings. SANITARY FLOW RIGHT - The right to discharge to the groundwater 300 gallons of wastewater per day pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT - An area of the Town that is desirable to be developed more intensively than areas outside the district. RECEIVING PARCEL - Land within a receiving district to which sanitary flow generated from one or more sending parcels are transferred. SANITARY FLOW CREDITS- A sanitary flow credit shall correspond to per Southold Town Board Regular Meeting August 11, 2020 page 35, twenty thousand (20,000) square feet of lot area which is the equivalent of three-hundred (300) gallons per day_(GPD) flow(e.g., a one (1) acre lot in an R-40 zone could send two (2) density flow credits). TRANSFER OF SANITARY FLOW CREDITS -The process by which sanitary flow credits are transferred from one lot, parcel, or area of land in any sending distr-et to another lot, parcel, or area of land in one or more receiving districts. Sanitary flow shall be transferred from a lot, parcel or area of land to another area of land in one or more receiving districts at rate of three hundred (300 gallons per day (gpd) of flow. A sanitafy flow ^redia shall eorfespond to pe twei4y th6usand (20,000) soar-e feet of lot area whieh is the equiv4lent of thfee hundred (300) gallons per day (GPD) flow (e.g., a one (1) aere lot in an R 40 zone could send two (2) density j,aw e„- edits)-SENDING DISTRICT -An area of the Town that is desirable to be preserved as open space. SENDING PARCEL -Land from which'sanitary flow credits are transferred for use in one or more receiving districts in the Town'of Southold. § 117-4 Applicability; general prohibitions. A. Applicability. Any and all sanitary flow credit-transfers within the Town of Southold shall be in accordance with this chapter. B. General prohibitions. (1) If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. (2) All transfers of sanitary flow credits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit bank (SFC bank) in which sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used'in a manner specified in Chapter 17 of the Town Code. ' A. The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit. B. The lands from which sanitary flow credits are to be transferred into the bank were aeq4imfed shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as Southold Town Board Regular Meeting August 11, 2020 page 36 defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively i„ CofineCtiofi..,;+b, aff ,.a.,b le hobs,,, on parcels within a receiving district. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any land designated as General Business (B) Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District (AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater management zone. (4) Nothing herein shall prevent the transfer of sanitary flow credits from a lot, parcel or area of land within a receiving district to another lot, parcel or area of land within the same receiving district B. Designation of development rights. A development right, for the purposes of this chapter-, shall be limited to a sanitary flow ore&-. B. Project Criteria. (1) In orderto qualify for the transfer of sanitary flow, a project must be an "eligible project" as defined in section §117-3, (2) For any mixed use project that includes housing, at least half of the dwelling units proposed must be proposed as affordable housing units as ' defined by section §280-30. (3) For any project that is strictly proposed residential project, all of the dwelling units must be proposed as affordable dwelling units as defined by section §280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, the sanitary flow credits from the property shall be placed into the Town SFC bank by resolution of the Town Board, which Southold Town Board Regular Meeting August 11, 2020 page 37 resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as'provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department,the Special Projects Coordinator and the Planning Department for inclusion in the Town database and geographic information system (GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred.No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. § 117-9 Procedure for transfer from bank to receiving district: Upon application by the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change-of-zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board shall consider the factors set forth in § 117-7E below in its report and recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the,Town Board shall determine, after evaluating the effects of potential increased development ..,hieh ; possible under-the transfer- of development rights pre .. -, that would result from the proposed transfer of sanitary credits, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire Southold Town Board Regular Meeting August 11, 2020 page 38 protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. The Town Board may condition the transfer of sanitary flow credits on the qpplicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving_parcel that the Town Board deems appropriate and necessary to ensure that the criteria in paragraph"E" of this section are met. In projects involving affordable housing the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity. FG. Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that-there is no other available lot within said districts to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. CCH. Following,the public hearing, the Town Board may, by resolution,authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit-certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. , A. An applicant must obtain and present a,sanitary flow credit certificate to the Building Department prior to'receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit,and may be used,only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney,the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant Southold Town Board Regular Meeting August 11, 2020 page 39 shall file in the office of the Suffolk County Clerk any required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that 1) the criteria for approving the transfer of sanitaLy flow credits contained in paragraph"E" of section 117-09 are met, 2)than any affordable the dwelling unit created by the transferred credit remains affordable in perpetuity,and 3)that the affordable dwelling unit shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry..., and 4 that the The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33, Affordable Housing (AHD) District, and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution.No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, the Tax Assessor's office,the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database. § 117-12 Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-1OD. § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit-to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings,,Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice Southold Town Board Regular Meeting August 11, 2020 page 40 thereof shall be given by the Town Clerk to those Town departments referenced in § 117-1OD. III. SEVERABILITY. If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. TOWN CLERK NEVILLE: I have affidavits of publications, it was on the Town Clerk's bulletin board and it was advertised in the Suffolk Times newspaper and we have two letters with comments on this local law. SUPERVISOR RUSSELL: "Dear Supervisor Russell and Town Board, Please modify the proposed changes to make clear that the quantity of sanitary flow credits available for transfer would be those that Southold Town Zoning allows and not enable a windfall to certain property owners. Please ensure that enhanced sewer treatment will be required of the receiving area. Please define the receiving area as that which is within one mile walkable to a public school and not simply anywhere the affordable housing is allowed. For some strange reason affordable housing is allowed in industrial zones where regular housing would be prohibited as being an incompatible use. Sincerely, Randy Wade" Just as a clarification for people, as a general policy the Town Board doesn't read letters for the public records. We had made that exception for the first few meetings after the pandemic because people didn't have access to comment. Since we have been able to zoom, the public does have opportunity to comment. I am going to read this letter because it there was only two but (inaudible). "Dear Board Members, This letter is written in response to the proposed local law entitled 'A local law in relation to amendments to chapter 117, development rights,transfer of, in connection with sanitary flow credits' While not in opposition to a transfer of development rights that considers both the preservation of land and the creation of viable communities, we feel that the law needs further amendment. As written now, this law can undermine years of upzoning executed to protect against over-development. First, this law assumes that one sanitary flow credit represents 300 gallons per day which corresponds in the proposed legislation to a nominal half-acre with no distinction as to whether the parcel is serviced by public water or well. This rate is the allowable carrying capacity allowed by the Suffolk County Department of Health Services for parcels services by public water. Parcels on wells in this hydrogeological zone are limited by the SCDHS to 300 gpd per nominal acre or 40,000 square feet. This means that development rights can be exchanged from lots on wells at a carrying capacity that is twice the current load, in effect doubling the density currently allowed. Roughly half of the parcels in the Town of Southold are still using well water. Second, over Southold's history, areas outside the hamlet areas have been up-zoned to reduce density. For instance, parcels in R-80, R-120 or R-200 zones have been limited to the development of single- family homes, which typically use 300 gpd. Under this rule, if these lots are not serviced by Southold Town Board Regular Meeting August 11, 2020 page 41 public water, they can contribute development rights representative of 4, 6 or 10 times their currently zoned use. Third, what happens if there is a five-acre parcel with one home, can the owner sell the development rights that are currently unused? Fourth,this proposal could create localized pollution and stress natural resources. Mitigation measures should be incorporated into the law, such as requiring the use of Innovative/Alternative onsite wastewater treatment systems. With the use of I/A OWTS, the rule should still limit development on receiving parcels to a maximum loading of 2400 gpd per nominal acre for parcels using public water and 1200 gpd for parcels on wells, so that nitrogen levels do not exceed expected loadingunder current rules. Water conservation measures should also be required to'limit draw on the already stressed aquifer. We respectfully request that the town reconsider'this law to ensure that it protect's the environment-and preservation work executed over years of effort, while still allowing the town to' attain its goal of denser hamlet centers. This law should not be adopted without an environmental impact assessment, as it could have serious repercussions. Glynis Berry, representing Peconic'Green Growth" Would anyone else'like to-comment on this particular local law? MODERATOR: Okay, there is one hand raised. GLYNIS BERRY: Thank you for reading'the letter.' Drianne Benner and Anne Murray have also joined signing on to the letter. We do feel that it needs to be more carefully looked at because it could drastically increase density throughout the Town of Southold. To a density which is much higher than what was intended by your master plan or by past planning,efforts. WE agree that it is desirable to move development rights but it shouldn't be done without reconsidering the work that's already been done. So,I do hope that you will table this and take a more careful look at the details. Thank you. SUPERVISOR RUSSELL: Are there any other hands? MODERATOR: There are no other hands at this time. SUPERVISOR RUSSELL: All in favor? COUNCILWOMAN NAPPA: No, I would like to see more`information,more clearly written. RESULT: CLOSED [5 TO 1] MOVER: Jill Doherty, Councilwoman SECONDER:Scott A.Russell, Supervisor AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell NAYS: Sarah E. Nappa 3. PH 8/113:00 Pm -Eminent Domain 12500 Main Road, Matt TOWN ATTORNEY DUFFY: NOTICE IS HEREBY GIVEN that a public hearing will be held before the Town Board of the Town of Southold on the 11th day of August, 2020 at 3:00 pm of that day at the Town hall, 53095 Main Road (Route 25), Southold, New York, pursuant to Article 2 of the New York State,Eminent Domain Procedure Law with respect to the proposed acquisition of property situated at 12500 Main Road, northeast corner-of main Road 9SR 25) and New Suffolk Avenue, Mattituck, Town of Southold, New York for the purpose of a public park. 1 Southold Town Board Regular Meeting August 11, 2020 page 42 Property owners who may subsequently wish to challenge condemnation of their property via judicial review may do so only on the basis of issues, facts, and objections raised at this hearing Reputed Owners: Mattituck 12500 LLC SCTM# 1000-114.-11-17 Due to public health and safety concerns related to COVID-19, the Public will not be given in-person access. In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity, to see and hear the meeting live and provide comments virtually. The hearing will be held virtually via ZOOM Webinar. Instructions and link to .attend the meeting will be_available on the Town's website or by calling the Town Clerk's office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at elizabeth.neville(c�town.southold.ny.us <mailto:elizabeth.neville@town.southold.a.us> and Lynda.rudder(Ltown.southold.ny.us <mailto:lynda.ruddergtown.southold.ns>. Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with-the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town's website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. TOWN CLERK NEVILLE: I have an affidavit here from myself that it was posted on the Town Clerk's bulletin board. It was advertised in the Suffolk Times newspaper for two consecutive weeks and it was advertised in Newsday for five consecutive days. I also have letters of notification which were sent by certified mail both to Mattituck 12500 LLC and a letter also sent to Mr. Ben Brinkmann with a return receipt and also sent to Mr. Hank Brinkmann, so three letters of notification sent by certified mail with return receipts. I also have a letter from the Suffolk County Department of Planning stating that this is not within the jurisdiction of the SC Planning Commission, therefore they will not comment. SUPERVISOR RUSSELL: Just to go over; we,have received emails both for and against this proposal and the public hearing. I did get a lot of requests to read the letters, I have probably over a dozen letters that were asked to be read on the side in favor of the proposed local law and I have one that was asked to be read in the file that are against the proposed local law. With over 100 and over 26, 1 want to assure these people that they have been read by the Town Board and Southold Town Board Regular Meeting August 11, 2020 page 43 they have been entered into the record of the Town Clerk for the purposes of this public hearing but we are going to refrain from reading the letters. Would anybody like to comment? JOHN BURKE, ASSISTANT TOWN ATTORNEY: Good afternoon Mr. Supervisor and members of the Town Board, I am John Burke one of the Assistant"Town Attorney's with the town. Inaudible. Records of notice, two maps and a survey. Do you know if Mark Terry is logged in? MODERATOR: There is someone named Mark, I don't know Mark's last name. JUSTICE EVANS: No, Mark Terry is on there, he has his hand raised. MODERATOR: Okay. Mark you are coming across as a panelist. ASSISTANT TOWN ATTORNEY BURKE: Okay, the presentation tonight regards the property at 12500 Main Road in Mattituck, the proposed to be acquired for use as a public park. It's a 1.75 acre property on the Main Road and New Suffolk Avenue. The property is located in the Mattituck hamlet center. Inaudible. It has 276 feet frontage on the Main Road. Prior to tonights proceedings, the property was appraised by the firm of Rogers and Taylor (inaudible), an offer was made to the owners of the property that full price (inaudible)., This particular property has historically been (inaudible) most notably in the 2005 hamlet study. Inaudible, the 2007-08 hamlet stakeholder initiative (inaudible)and it was further highlighted in the draft Town of Southold Comprehensive Plan. Mark Terry from the Planning Department is here with us and he will be able to further discuss (inaudible), Bill has put up a copy of the acquisition map also providing a map of the location, Bill, do you have that available? If you could scroll down on that, the property is outlined in red is the subject property, the other is the outlined hamlet center. To the north of the property you'll see the Love Lane intersection. Mark, are you there? Mark, if you could give us a little more insight of the nature of the property? MARK TERRY: Mark Terry, Southold Town Planning Department. Regarding SCTM#1000- 144-11-17. Can you see that screen? MR. BURKE: Yes. MR. TERRY: Starting off with the 2005 hamlet study adopted July 12, 2005, okay, so I am going to go through this document. This is just a factual document of past studies and we will get in more detail as John referenced. So in 2005, the Town Board adopted the 2005 hamlet study and there were certain elements in that study that identified a need for recreation. I will describe this verbatim, it's not that long of a document but I just thought it would be important that the factual history of these documents be brought forth. So, it says abundant open space with miles of coastline and first rate parks combine to offer unique recreation experiences in the Town of Southold, such recreation amenities are sought out by residents and visitors alike. The following recreation sustainability principals assure that the Town's recreational resources will be properly and prudently managed. The Town shall provide adequate recreation facilities and programs for our residents. Recreation facilities and programs shall be continually evaluated to Southold Town Board Regular Meeting August 11, 2020 page 44 ensure they meet the needs of the residents. Recreation facilities shall include active as well as passive facilities. All town recreation facilities shall be well-managed and maintained. Recreation facilities must not adversely affect adjacent uses and properties. It goes on to speak out, on page N5, specific hamlet improvement recommendations. Throughout the course of the hamlet study, stakeholders were asked to complete lists of specific improvements of projects they wished to see implemented. One of the final exercises involved (inaudible) to reflect the consensus of the stakeholders. On page M-12 Recreation, a village green type park is desirable in the hamlet center. Two potential sites warrant further evaluation. The first is a 1.75 acre wooded lot located on the corner of Route 25 and New Suffolk Avenue. The second is a wooded parcel across Wickham Avenue from the firehouse. This park could provide a recreational focal point for the hamlet center. The 1.7 acre wooded parcel located on the corner of Route 25 and New Suffolk Avenue is the subject parcel. In 2007 and 2008, the hamlet stakeholders initiative implementation identified creating a village green as a priority of the town. These spreadsheets were developed by the implementation committee, formed by Supervisor Russell to implement the hamlet stakeholder objectives and if you notice right here, under first 100, the proposed long- term implementation strategies, it mentions establish village green as focal point, under the Mattituck initiative. As John referenced, in 2007 the halo map was adopted by the Town Board. The halo map includes this parcel in it. And it also includes the parcel in the hamlet center, which is important. The draft Town of Southold Comprehensive Plan 2020 identifies several different objectives related to this parcel. The land use and zoning chapter (inaudible) on page 33 state `create a village green for the hamlet center', chapter 13 Parks and Recreation also includes this goal. The subject parcel is located within the hamlet center. Community character chapter, goal 5, protect the unique character of the individual hamlets, page 13 and 14, Mattituck and Laurel, states `target area located south of Route 25 east of New Suffolk Avenue to create a village green park for community events. So the subject parcel is located south of Route 25 and east of New Suffolk Avenue and has been identified by the community as a candidate for hamlet and or park. The Land Preservation chapter, goal 2 Open Space, page 4, continue to preserve land with high quality natural resource, including wetlands, shorelines, significant trees and woodland and wildlife habitat. Those lands with recognized scenic values and smaller parcels that could provide for those needs are neighborhood pocket parks. Objective 21, continue to purchase open space parcels, purchasing land for preservation is one of the surest ways to protect the land. The town continues to have a steady stream of income from land preservation from the Peconic CPF program, in addition, the town continues to receive funds and participate in partnerships with other entities to purchase open space. A. prioritize existing parcels for open space and public process and use the following parameters as a guide. Parcel provides value as village green in or a hamlet center. The subject parcel would meet this goal and objective of supplying green space in the Mattituck hamlet center by supporting the scenic qualities of Route 25, a designated New York State scenic byway. Parks and Recreation chapter, goal 3, create new recreational opportunities and facilities, objective 31 page 5. Obtain additional land for recreational purposes where feasible and necessary. Enhance communication and coordination with the parks, beaches and recreation committee and the land preservation committee to cultivate opportunities to purchase land with the CP funding that would provide benefits to 'residents and visitors as well as provide needed recreational activities. Trail systems should be designed and developed, it goes on. The subject parcel could provide scenic quality to travelers on SR 25 and provide open space for passive recreational activities. Objective 310, explore Southold Town Board Regular Meeting August 113-2020 page 45 locations for a village)green in Mattitu'ck hamlet center. The subject parcel has-been identified -by hamlet stakeholders in 2007-2008 for the creation of a park/village green. Objective 32, enhance communication' and coordination; I think I read that one. Goal 4, ensure access to recreation opportunities; objective 4 1, provide recreation opportunities to residents that are centrally located as well as geographically tailored for all 10 hamlets. The subject parcel could provide passive recreational opportunities. And that is the end of the evaluation of-the existing plan: , MR: BURKE: Mark, have'you evaluated-this with SEQRA? MR.'TERRY: The recommendation from SEQRA would be a Type II'action, under 617_ .5, 239, an agency acquisition or dedication of 25 acres or less for parkland or dedication-of land for parkland that was previously' acquired or acquisition of a 'conservation of a conservation easement. This is supported because there is no (inaudible) of disturbance being proposed afthis time on the parcel. The development of a park would be an unlisted'action, in if we go further ahead it would be an unlisted action but right now it's a Type II action under 617.5 239. MR. BURKE: Thank you, Mark. Do you have anything further? MR. TERRY: No,nothing further. MR. BURKE: Based upon the testimony we have heard here today, we would"assume that the acquisition of this property would be consistent with the prior hamlet studies and the draft comprehensive plan that is soon to be'adopted. The use of this property as a public park open to residents will certainly qualify as a public`use, for purposes,of eminent domain law. If you have any further questions, based upon those fact`s we would recommend (inaudible). If you have any further questions (inaudible). SUPERVISOR RUSSELL:, I am,going to invite 'anybody who would like to comment on this local law? MODERATOR: We'do have some hands raised in the audience, so I`will go down the list.. The first hand I,see'is-Anne Smith. , ANNE SMITH: Thank you. First of all;'I want to thank the Board for holding this,hearing. I am going to read 'a statement from that I actually submitted through email. First, I am Anne Smith- of Mattituck on behalf of the officers and directors of the_Mattituck-Laurel Civic Association. This-statement is in support of identifying the lot�at the corner- of Main Road and'New Suffolkas' a green space for the benefit of our community and our`visitors. 'The following-is a-statement for the public. record on behalf of the civic and as the current president, I am representing the membership as well as'the board. I sent an email including our guest spot and would like that entered into the public record, it was in the Suffolk Times last week, I also attached in my email to the board 'the resolution and background from the Mattituck--Laurel' civic that was overwhelmingly supported in a resolution by our members last August. This is an accumulation ' of work sessions, meetings, research and we would like all of this entered into the public record. Southold TownBoard Regular Meeting August 11, 2020 page 46 The Southold Comprehensive Plan under the heading of goals,and issues for Mattituck-Laurel includes the following: "and mine will not be 'as-detailed as Mark's. Mattituck and Laurel is described as the gateway to Southold Town from the west and creates the overwhelming impression of the Town. Among the goals for Mattituck and Laurel in the comp plan are ensure future commercial development in the hamlet center is at scale consistent with the hamlet's character. Prevent retail sprawl and potential creation of a third retail business area that will detract`from Love Lane and nearby retail shopping center, pedestrian safety and walkability of Main Road, we 'can't emphasis that enough, create a village green with a hamlet center. Further recommended in the comprehensive plan is an analysis of, existing inventory within hamlet centers for size, shape, current use and surrounding uses and recommendations for new zoning with business centers outside the hamlet centers. Noise, traffic and light are sighted as critical components. Throughout your document, commercial use outside the hamlet center is recommended. I would add that the larger business district to the west in Mattituck is already considered a commercial hub, creating a great deal of local traffic and safety, issues. The current property under discussion is-uniquely situated at the start of the hamlet center, connecting New Suffolk Avenue to Love Lane up to Mattituck inlet and reaching to the east towards the library and the school. The entire stretch requires our careful attention to planning, in line with the spirit and intent of the comprehensive plan. As stated in the past, the civics are here to help and we eagerly await working with the town, the other civics and community groups. But all of that work lies ahead, a significant traffic study, issues of walkability, community character and the need for a green as the other hamlets have and as a way to be a welcoming (inaudible) to focus on the small businesses in the heart of Mattituck are there. The following is from our guest spot in last week's Suffolk Times. `The Mattituck-Laurel Civic Association as a rule forgoes public endorsements working instead to get (inaudible) information to our community. MLCA has been and remains neutral concerning the Southold Town eminent domain proposal for property at the Main Road intersection with New Suffolk Avenue. What we do not remain neutral on is the vision for the hamlet center of Mattituck, what it should look like, feel like and how it should function as we imagine the future. MLCA is respectful of property (inaudible) the safety and character of our community. Inaudible share this knowledge and their understanding that this is a critical moment for our communities. We all need to know how we got here and the 'important role individuals play in shaping our future. This is back to the statement, for years MLCA has worked publicly in the community and with, many stakeholders to preserve this corner as a largely natural public green or common. John Carter, the civic vice president will be providing a more detailed timeline of the work that was done, public meetings, letters to elected officials, member resolutions and so on. I recommend you read the wide range of communication I know you received from across' Southold Town. This is not just a Mattituck issue. On August 26, 2019, MLCA members had overwhelmingly adopted a resolution that reads in part `until protective and transformative, initiatives are implemented and until vehicular and pedestrian hazards are resolved on the Main Road between Bay Avenue and Wickham Avenue nothing should be done in the heart of Mattituck that increases density and,worsens traffic.' Southold Town should implement its comprehensive plan. With the plans current commitment to make . the last green corner a public park. In closing, the Town of Southold has been consistent in its efforts to work with Suffolk County and others to secure this corner lot for green space for our community. As leaders, we are sometimes leading from the balcony and other times on the -. Southold Town Board Regular Meeting August 11, 2020 page 47 dance floor to make decisions. The balcony or the long view, must be.considered when you make this,decision. Support your persistence and commitment to this effort. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on this.particular local law? MODERATOR: Yes, Mr. Supervisor, we've got some more hands raised so give me one ,moment, okay, the next person with their hand raised is Denise Geiss. DENISE GEISS: Hi, this is Denise Geiss. I have lived in Mattituck my entire life and I absolutely agree with acquiring the property in question for a public park. I believe this is the- best interest for the entire town as well as,the community. A public park'would keep the"rural character of-Mattituck intact.� I believe preserving this piece of'property is very important,in our town. Thank you. MODERATOR: Okay, thank you very much. Next is John Carter. JOHN CARTER: Thank you, I am'John Carter from Mattituck. Good afternoon and thank you Supervisor and Board members for this hearing and opportunity to speak: Since 2015, the MLCA has worked publicly with many stakeholders to address an array,of urgent community planning needs in Mattituck along Main Road between Bay Avenue on`the west and Wickham _ Avenue on the east. MLCA focused on community planning'because the last time planning and zoning were updated in Southold Town was the late 1980's and early 1990's and those updates were based largely on then existing zoning designations. Since 2015,'MLCA's focus has been on addressing traffic and pedestrian safety, community character, density, environmental impact and the stated need for a village green. We are doing this work to make Mattituck a more welcoming community and a better gateway-to' Southold Town while keeping attention on the well being of small local businesses in the heart of Mattituck. Now on behalf of the MLCA, I will briefly recount the years-long efforts'of this community to preserve the last green corner in Mattituck, although I will not,read the information that'Mr. Terry earlier provided. I will start'in 2015, MLCA forms and over the next 12 months conducts 11 public meetings as part of its traffic calming project to publicly discuss pervasive unsafe traffic conditions in the hamlet. In 2016, in April, MLCA delivers to Town, County and State-elected officials the traffic calming- project almingproject report that calls for a professional traffic engineering study to calm traffic and protect pedestrians in Mattituck between Bay and Wickham Avenues and including the intersections of .Main Road and New Suffolk Avenue and Main road, Love Lane and Old Sound Avenue. In 2017, MLCA hosts All Things Moratorium public meeting to learn and discuss ways to manage growth while the Town pursues traffic calming solutions and'works'on its comprehensive plan. Also in 2017, MLCA wrote'to the town asking it to act to preserve the last green corner as a village green. Also in 2017, at the request of Brinkmanns Hardware, MLCA devotes its September meeting to discuss the hardware's proposal to build at the corner of Main Road and New Suffolk Avenue. That's the proposed park site. More than 150 members attended the meeting and made three main points: first, Development here will worsen already unsafe traffic and pedestrian,conditions. Second, the community is satisfied with the hardware stores it has in Mattituck, Jamesport and Cutchogue and third,,the community already is working towards, a community park at that center, Also during 2017, civic association representatives testified for Southold Town Board Regular Meeting August 11, 2020 page 48 the first of three times before the Suffolk County legislator and promised that by partnering with the North Fork Environmental, Council, we would maintain a passive use park at the last green corner. 2018, working with the State University of New York's college of Environmental Science and Forestry, the civic association developed an array of design_studies to link Love Lane with Mattituck inlet to the north and from Love Lane and New Suffolk Avenue to the south. The purpose of this exercise and the vision is to build upon the Love Lane aesthetic and better utilize the Mattituck Park District's waterfront property and establish a safe and inviting pedestrian link between the inlet and the last green corner. Also in 2018, Suffolk County and Southold Town were able to secure,funding to purchase the county property for the public park. In September of 2018, the town and county made a fair market offer for the land to the owner, Bridgehampton National Bank. MLCA and other community members sent letters to Bridgehampton National Bank encouraging the bank to consider and ultimately accept the,town and county offer so it could become a park. In December of 2018, without responding to the town or county offer and without responding to the community's letters, Bridgehampton,national Bank sold the property to the current owner. 2019, the Town of Southold's draft comprehensive plan, more than 10 years in the making, identifies the corner as a village green. On Monday, August 26, 2019, at it's monthly meeting, the MLCA unanimously adopted the last green corner resolution which states in part `until protective and transformative initiatives are implemented for the heart of Mattituck, Southold Town should follow the path most protective of Mattituck's health, safety and, environment. That path includes a village green on the last green corner.' Thank you very much for this opportunity. SUPERVISOR RUSSELL: Okay. Who else would like,to address the Town Board on this local law? MODERATOR: The next hand raised is Don (inaudible).. MARK HOPNER: It's actually Mark Hopner, Dawn is our admin for the North Fork Environmental council, for whom I am the vice president. Supervisor Russell and members of the Board, thank you for listening today. I am going to read a brief letter,that NFEC wrote to our county legislator Al Krupski on March 16, 2018 in support of the acquisition of this property. `NFEC was founded in 1972 and has dedicated much of its work over the last almost 50 years to sustainable planning and farmland and open space preservation. We were a key player in helping to secure the passage of CPF monies and now fully support the acquisition of the property subject to the discussion today. At almost two acres, this is located' in the heart of Mattituck at the intersection of New Suffolk and if you look at the town master plan that,just came out, very early in the master,plan, page 5 or so, there's a traffic study and New Suffolk Avenue is in the top 5 of the most dangerous intersections in the Town of Southold. It is now being proposed as being preserved for a hamlet park, it would be also continuing to be a focal point in the community, a focal point of mine for years and years and decades coming into the Love Lane area. The alternative of increasing the intensity of use of this property through commercial development rather than maintaining it as open space would almost certainly result in increased traffic at an already congested and dangerous intersection. Both the NFEC and the, Mattituck Laurel Civic Association agreed early on and continue to agree to collaborate and offer the services of these organizations to contribute to the management and maintenance of the Southold Town Board Regular Meeting ` August`11, 2020 page 49 proposed hamlet park. As partners, these two organizations would be able to provide on-going oversight of the property. NFEC is the next-door neighbor to this property, -we share the property line as our offices are immediately adjacent to the parcel. This way the park would certainly continue to be a source of community'pride for these organizations. We thank you for consideration- of these comments and so on, signed by our president Susan McKenzie. And -' that's about'it. Thank you for your time today. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular;local law? MODERATOR: Another hand raised, so Paul Pawlowski, I am going to allow you to speak and I am going to assume you are in here twice by accident. -PAUL PAWLOWSKI:- Can you hear me now? How about now? i MODERATOR: Yes. MR. PAWLOWSKI: Thank you for putting this meeting together. I understand the'goals from everyone's point of'view. The MLCA;'the current owners of the property, the Town Board, the Planning Board, I get it. A come before you today as a private investor in our community, owning a residential home with my'family and a `public or commercial investor that owns commercial property in this specific hamlet of Mattituck.' I just want to review a few things, the 2005 study, comprehensive study, was brought up mainly to'discuss the need for recreation and green space in the hamlet business area in the Mattituck area and I find that interesting and I'find that interesting because'there was plenty of opportunity for recreation and none of that 2005 study was brought up during that opportunity. Not only was it not brought up- applications were put forth and this study meant nothing then. The MLCA brought up the 2005 study and again, there was no effort toward that recreational aspect of that study in the recent' years when recreation was proposed in' Mattituck: So I don't understand why it's being brought up now when' there was ample" opportunity for that study and those specific definitions in that study weren't put forth when a very publicly popular was put forth in the recent past. So to bring it up now on a much smaller piece of.green space for an argument of eminent domain is something I cannot wrap my head around and that there's a new comprehensive plan that has been proposed and should be adopted soon. The goals of the MLCA and the town and the comprehensive plan is to create a walkable gateway to Southold Town via Mattituck, safety, sidewalks,•you have it and as an investor•in our,coinmunity, those goals are extremely valid and I support'them and will do whatever I can.to help assist. `However, moratoriums do nothing toward that goal,zero. 'They absolutely stifle any effort that's been done by anyone interested in those goals. Moratorium does zero and the Moratorium that's been put in' place twice, over and above a process that is extremely slow in getting any application forward- is really, really goes against any goal imaginable by any civic, by any resident, by any applicant, by any planning board because all it does is basically say stop and the time of this moratorium far outweighs any traffic study that could be legitimately done over and over and over again. I keep on hearing traffic study, that could be done and you know, very, 'very quickly and in-a proper way. And,a moratoriurn'on a town, a distance that has only-seen one new development in the'last 30 years, every other new l Southold Town Board Regular Meeting August 11, 2020 page 50 thing in our town isn't new, it's just a renovation or refurbish or whatever you want to call it but there's been one new building in 30 years from the Mattituck train trestle all the way to the high school. So I don't know how we could talk about wanting all these things and we put a pause on it for this length of time. I don't see forward movement, I don't see working together, I just see stifling and getting absolutely nowhere. As an investor in our community, I appreciate the need or the desire for park planned, I get that. As a parent, that would be great. For myself, would be great, whatever. But when you buy property or sell property, we all have to live by a playbook and that playbook is our town code. If a property is bought and sold legally, you want the comfort, the basic comfort that you could move forward in a professional, legal manner to do what you set out to do that is in the code, completely 100 % in the code. You want to believe in that playbook, you want to invest your money in that playbook and you want to move forward with all the (inaudible), the powers that be based on that playbook. The moratorium threw the playbook out. This eminent domain argument throws that playbook out and what that does is, it makes the next person that wants to invest either privately, publicly, residentially, commercially have serious pause and concerns and yes, maybe that's a good thing. Maybe some of it is like no development but when you only have one new building in 30 years, I don't think there's a lot of development going on. And obviously I might be slightly biased being a developer but if you take that out and you really, really look at what has happened in our town in the last 30 years, the development scale is very low and in fact, the preservation scale is much greater thanks to the efforts of you know, preservation the town board but you are throwing out and I do want to point out, I have no take on what should be on this corner. Hardware store, whatever, leave it as is, I don't even know the buyers, I don't even know the sellers but when we cannot believe and trust in a playbook, in a process, there is no reason to invest in that town on a commercial level or a public level because this is very, very concerning. If from that 2005 study the town got aggressive and bought that property when there was opportunity, maybe not B and B, they didn't want to sell it but there has been opportunities to buy it and this property has sat vacant and idle and in and out of different ownerships. If the playbook for that property was changed prior to an application put in, fair game, I mean more than fair game. There's an initiative there, everything that MLCA is trying to do, there is a proper initiative, there's a proper way but to not be able to buy and negotiate in good faith and good manner with the seller because they don't want to, the next way to go about it is not eminent domain. Put yourself in that position, buy a piece of property, understand the playbook, apply based off that playbook but you know what? All of a sudden, the property could be taken from you. That is not the way to go, there has got to be another way. Eminent domain in a small town is not the way to go. As an investor, I would be very cautious investing in this hamlet district again or in any (inaudible) and if there is a goal here, there has got to be another way. I applaud the method of trying to keep it a park but at the same time, the park is not nearly as important as people's basic rights, not nearly. And if we are going to argue traffic, a park will bring more traffic than any hardware store. Drive by any hardware store in all of Southold Town and you will see minimal amount of cars. Drive by every park in the recent past and you are going to see a ton of cars. A park is not the answer. My 9 and 6 year old, I would have a tough time letting them hang out at that park or play at that park, knowing that turn. And we have this traffic issue there, there is no denying it. We have a safety issue there, and we have a safety and traffic issue in the current state of that land and that current state is wooded land. And we have a problem. So status quo is not the solution. If we want walkable and pedestrian and sidewalks, status quo is not the answer. A park is not the Southold Town Board Regular Meeting August 11, 2020 page 51 answer to help with traffic. Sometimes, sometimes proper development is ,the answer. What if proper 'development brought something as-simple as a turning lane heading east? Status quo doesn't bring that turning lane, development does. And we are not talking about some major forest that we are taking away or some major green corner. We are talking about a small piece of wooded land in the center of land which is very, it's not even where it should be. Honestly. So if we want to improve the traffic; I think it could be done without eminent domain. If we want recreation in hamlet-business, I think it could be done without eminent domain. If we want a park and we want the 2005 study or even the newer study, it could be done without eminent domain and I just want to say, I hope the Town Board, the Planning Department, the-owners of this property come to a different way of achieving the goals that everyone-wants. If I can help, I am here to help but this is not the way and I appreciate your time today. SUPERVISOR RUSSELL: Alright, thank you'Paul. Would anyone else like to address the Town Board? MODERATOR: The next hand raised I see is Hank Brinkmann, the floor is yours. HANK BRINKMANN: Supervisor and members of the Town Board, thank you for having me, I appreciate the time given to speak. My name is Hank Brinkmann, I arri a partial owner'in Brinkmann Hardware and the property at 12500 Main Road'in Mattituck. I am vehemently opposed to the town's taking my family's property: While we are here for this Board to receive public comment,on the,potential eminent domain taking,of my family's property, first I feel it is necessary to discuss the true motives to this taking and where these motives came from. I don't believe the towns motives for taking my family's property is for a park. If your motives were truly because a'park is so desperately needed in this area then you would simply buy the property directly adjacent to my family's, it is identically zoned and currently for sale. That would be a very obvious and simple solution if a park were' your true motive. Mr. Russell, the public deserves to hear how you are guiding their town into recklessly attacking property rights to advance your own agenda. ,I believe you have lost your way and your priorities are no longer in the interest of your constituents but in the interest of controlling who can and cannot build and do business in your town. I believe you've gotten yourself emotionally and personally involved with my family's application to build our hardware store. For years you have ignored requests from the Mattituck civics for a park in this area, now you hide behind them and use their request for a park as a convenient excuse4o carry out your own personal agenda. You have taken it upon yourself to keep my family from doing business in your town. You want to make it clear that you control who can and cannot build and do business in your town. Early on in preliminary hearings, we worked with the town Planning Department and came up with the plans to develop our property in complete compliance with the town's zoning and code. We did not need a zone change, a variance or a relaxation. Our application was able to meet all requirements and conditions of the town zoning and code. This compliance left you with no legal ways to stop us, so first you resorted to enacting an illegal (inaudible) building moratorium. The Suffolk County Planning Commission saw this moratorium for exactly what it was and disapproved of its-use, citing a complete lack of data to necessitate such an extreme action. The Suffolk Planning Commission also states that the town had not exhausted other alternatives through moratorium, it would be less burdensome on property rights. Again, Mr. Russell, you are not concerned about Southold Town Board Regular Meeting August 11, 2020 page 52 property rights. Your priorities are to ensure you control who can and cannot build and do business in your town. You ignored the recommendations of the County and continued to extend the moratorium, that is, of course, until the moratorium impacted someone other than my family. Then this Board grants them a waiver from the moratorium, that's right. The property right on the bend on the Main Road, almost neighboring my property was granted a waiver of the moratorium. If this Board really believed the moratorium is necessary, it would not be granting waivers. I don't blame this Board for granting the waiver, the moratorium is ridiculous and should not exist. I am glad that someone else is not suffering because of Mr. Russell's personal animus towards my family. The granting of this waiver just further demonstrates the bias of which my family has been treated. Mr. Russell, again, you are clearly demonstrating that you intend to pick and choose who can and cannot build and do business in your town. This illegal moratorium left my family with no other option than to sue the town. Defending this illegal moratorium in court is costing Southold taxpayers hundreds of thousands of dollars. The state supreme court judge recently denied the town's attempt to have the case dismissed, citing our lawsuit against the moratorium was found (inaudible). So now your, knowing your illegal moratorium will be defeated in court, you are doubling down you attack on property rights. You are asking the Board to enact eminent domain and once again, your constituents to pay for it. This time it will cost them much more but you do not care so long as you are controlling who can and cannot do business in your town. Taking my family's property will cost the taxpayers of Southold Town millions and to suggest something different is either dishonest or naive. In the past four years since my family bought this property and especially more recently, everyone knows property values on the North Fork have skyrocketed. Of course, that increase will have to be considered. But most of all, the best eminent domain attorneys will tell you that when a government body seizes properties while in the course of development, they will pay exponentially higher costs as the property owner has much more invested and stands much more to lose. Unfortunately, to the taxpayers of Southold Town, that will be the case here. By Southold Town forceably taking our property at this stage in development, it will indeed cost taxpayers millions while also being removed from the tax rolls. Mr. Russell, you have dragged the Board and your town into your personal quarrel. I believe you have put your Board in a very uncomfortable position because you're guiding the town with your own personal and emotional agenda, your actions are not rational. Spending millions for a 1.7 acre parcel in Mattituck's business district is fiscally irresponsible. Now I would like to address the rest of the Board, whose judgement is not clouded by a personal agenda, first I would like to ask you (inaudible) that will be done with the millions of dollars that will end up going to pay for this taking of my family's property. With this money, there is so much land preservation that could be done across all of Southold Town, if done smartly and proactively, those dollars could stretch much further, imagine how much farmland and by extension drinking water you could preserve with millions of dollars rather than spending those dollars emotionally, irrationally and (inaudible) to seize a family's property, imagine how many of your constituents could properly benefit from spending those dollars with smart planning in front of them. Next, I would like you all to consider what is really going on here. You are voting on the most extreme action that could be taken against a property owner. You are voting in favor of or against government seizure of private property. It is very clear to most why eminent domain is on the table here. It is not for the public good. It is not for a public park. It is to advance Mr. Russell's agenda of making it clear that this is his town and he will decide who can and cannot build and do business in his town. How do you Southold Town Board Regular Meeting August 11, 2020 page 53 think your constituents will feel about the taking of this property? How will they feel about you if you support this action? Taking my'family's property via eminent domain is not fair to my family or the property owners and taxpayers of Southold Town. What this Board will vote on is not just whether it is right to take a family's property but you are also voting on whether it is right for the government to pick winners or losers. I respectfully ask this Board to 'think of your , family, your friends, neighbors and all of your constituents and truly do what you think'is right. Thank you. SUPERVISOR RUSSELL:' Thank you. I'm at a disadvantage because' it is difficult for me to defend myself against baseless claims but first and foremost, I don't even know you, I never met your family other than coming to a political fundraiser to lobby on your own behalf but I didn't know you before, I have never been to a hardware store. I didn't even know there were hardware stores up west named Brinkmann. How would,I know that? You are welcome to build in Southold and I will say that for the-public record. You are welcome-to build in Southold, I would never oppose someone that'wants to come to Southold and wants to invest in a hardware store. By all means you are welcome. The animus,personal issue, like I said; I don't even know you. Also, quite honestly, you're ignoring the will of six independent individuals. You are largely diminishing their abilities to make decisions on their own. You are insulting a group of people you don't know, I don't understand where you are coming from. It just makes,no sense to me. It's bizarre. It's the least and now I am going to hold my tongue after that because there is pending litigation. MODERATOR: Okay, there are other hands raised Supervisor, would you like me to continue on the list? SUPERVISOR RUSSELL: Yes. MODERATOR: The next hand raised is Legislator Krupski. LEGISLATOR ALBERT KRUPSKI: Thank you: I just want to thank Supervisor Russell and the Southold town Board for having this hearing and allowing everyone to speak. I would like to thank Mark Terry, Mark you brought up a lot of good history there that got us-where, it helped the town to get where it is and I appreciate that kind of diligence and I appreciate your presentation and you gave a good description of what the goals of the community were. And John Carter mentioned in January of 2018, the county and the town were working together to make an offer, not the current owner but the previous owner, Bridgehampton National Bank and we went through the traditional process through land preservation where two appraisals were done and it went through a process of (inaudible) to' make sure,the appraisals were valid and accurate and an offer was made with the town and county as partners. Unfortunately the bank did not accept that offer. It would have been, it was'what we felt was a fair market offer, we went through the correct process. I just want to say I've made it clear that I have made it clear to the family that owns'it currently that the county is still willing to partner with the town for preservation for that corner. That is certainly still an option and if you look back over the decades, the longstanding partnership between the town and the county to preserve open space, has made a-big difference, certainly in a lot of the acquisitions that have been made and a lot of Southold Town Board Regular Meeting August 11, 2020 page 54 the parkland that everyone enjoys. All town and county residents for that matter. So that offer is still certainly on the table for preservation and this town has been here for 380 years, so there's a lot of history here and there's certainly a lot more to make, a long way to go and hopefully this will work out. I just want to thank the Supervisor and Town Board for the opportunity to speak today. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? MODERATOR: The next name is Robert Dunn. You should have a command to un-mute your mic. (No response) Alright, I'll move to the next person. The next person is Charlie Gueli, you can un-mute your mic. Charlie? (No response) I see you mic is unmuted but we can't hear you. Alright, we'll try again in a moment. The next name is Tammy, no last name. TAMMY: Thank you Supervisor Russell and Town Board for taking the time to do this. I am born and raised in Mattituck, actually had my prom at what is now the Handy Pantry, if that doesn't date me. I'm kind of appalled at the things Mr. Brinkmann just said. He sounds like a petulant child that can't have his way, I mean, quite frankly Mr. Brinkmann, you are not wanted here. What would we say if Supervisor Russell votes against you? We will applaud him. There are 20,000 citizens in this town that do not want you. We don't want it to look like where you are from. You are not from here and you don't know what it is like to be from here. That place with green trees that you see as a worthless parcel is priceless to us. I walk my dog every day to Love Lane and I already nearly risk my life trying to cross that street. If we had a green park there for all of the visitors and residents of this town, it would be a thing of beauty. You can't put a price on public space. To Paul Pawlowski, a classmate of mine from Mattituck.... SUPERVISOR RUSSELL: I am sorry to interrupt but I would rather you address the comments rather than addressing, you need to address the Town Board, not the people that have spoken. You can feel free... TAMMY: Okay, will do. Got it. I am just going to say that I think the value of a green space, a place for public activity is not the same as an indoor private space that is for profit and I don't think we should let people from outside of this town tell us what we will do with our space. You can't put a value on open space and once you take it away, it is gone forever. What some people do (inaudible) is a priceless thing. So I would just ask you to be strong, don't fall for the conspiracy theories, be fear-mongering and you know, vote with your conscience. As I said in my letter to you, in 20 years, 30 years, when your grandkids ask you what you did for the town, you can point to this beautiful park on the corner where they can go get an ice cream and sit peacefully and play with their dog or talk to you about their day at school rather than waiting at the traffic light for the people coming out of the hardware store that was not needed but also put out of business the three local hardware stores within a few miles drive. And I don't think that, even if the zoning laws now allow this, then they need to be changed because we don't keep doing something just because. We need to stop all this development and keep the spirit of Southold Town which is green, open space, that is why people come here. We do not want to look like the rest of Suffolk County. We do not want to look like Route 58. So we don't need Southold Town Board Regular Meeting August 11; 2020 page 55 more investment, we don't need greedy outsiders;we need green space where we can sit in peace and'enjoy the beauty of this town. Thank you for your time. 'MODERATOR: One moment, okay, we'll try Charlie one more time. I-am going to send an unmute message. Your mic is unmuted but we can't hear'you. We are going'to,go to the next, person, the next person we have is Jean, no,last name.' Hello, 'Jean. I see that your mic is m unuted, we can't hear you. The next name I see is Chris.Shaskin. Chris, if you would like to speak. CHRIS SHASKIN: yes. I just wanted to, following on what Tammy said, that interlopers from up,island are not welcome here. I was shocked at the hostile-tone, sorry Scott, I just had to say that. I have. lived in this town for a long time and Route 25 from the Laurel trestle to the Mattituck High School has seen many new'buildings over the past 30 years'including the golf course, McDonalds, Chase Bank, CVS, -the new''Capitol One building that;is' way too much development and we,do not need another building on a high risk, dangerous corner which puts pedestrian lives at the hands of'drivers that are'driving through the town trying'to get from point A to point B and will be worsened by having people coming in and out on a bad corner._ That's all I have to say. Thank you very much for hearing me. a MODERATOR:' Okay, we'll try Charlie one more time. You should have''a command to unmute. (No response) Jean, we'll try you one more time.' Both Charlie and Jean are unmuted. We'll see whose mic works first. (No response) Okay, I am going to try the next name on our list.'Art? ART BEISEL: Can you hear in Art Beisel, I live in Mattituck. We purchased here in 2004 and after arriving here, we learned that my wife's family started here 380 years ago, so no longer am I an up-islander., I've listened to the entire podcast here 'and what I would like to do there's a few things that I think are missing and that people who 'are either listening or participating and are from up-island or whatever, I think that I can speak here because f used to live in Sayville. And I am-kind of aware of the history of Brinkmann's hardware corporation, as well as the family. Then I had the opportunity to leave and go to Washington, DC, was there for 30 years and decided to come back and make my home here in 2004. So what I would like to do is I sent in a letter and so I'don't ramble is I'd like to go ahead and read what you already have there for the benefit of some others. `We are writing as ful time residents of the Town of Southold and hamlet of Mattituck to.support the towns decision to invoke eminent domain regarding the taking of the 1.78 acre property located on the corner of the intersection of.New Suffolk Avenue and the Main Road, also known as the Brinkmann hardware corporation property and referred to locally ` as the last green comer. I believe that the taking of this property by way of eminent domain as described-in the Fifth amendment,of the US Constitution is for the public benefit and ,greater good' of the residents, businesses and visitors of the hamlet of Mattituck and the Town of Southold as a,whole. I-believe the taking of this property for the public good is right and just, and that the Brinkmann hardware corporation be justly compensated as prescribed in the fifth amendment. The property was purchased and closed on in November 2019 for the reported price of$700,000. The purchase was made by the Brinkmann hardware corporation in spite of 2 years of meetings with local civic associations and town officials welcoming the Brinkmann Southold Town Board Regular Meeting August 11, 2020 page 56., corporation to Mattituck but not at this location. The town and even county officials offered assistance and incentives to find appropriate locations for the proposed hardware store that wouldn't have a negative impact on the community. To paraphrase a statement by Mr. William Toedter (past president of North Fork Environmental C), eminent domain is not a,choice that is taken lightly. That is obvious by the few times that such an action is taken. But in this particular instance, when the community's voice, options to compromise, negotiations and offers to purchase the property from the Brinkmann hardware corporation at above market price have been ignored by the Brinkmann corporation, it leaves no other option to protect the community and the town's master plan that has been years in the making. It is an option of some concern, and has been used sparingly, .carefully and with the greater good of the community at its foundation. The .reasons for the taking of this property by eminent domain, after all other avenues have apparently been exhausted and for the benefit of the larger population are as follows: The parcel in question is zoned retail hamlet business and is limited by current zoning to a 6,000 square foot retail building. Brinkmann hardware corporation is proposing 2 buildings, 12,000 square foot and 8,000 square foot as well as a 1,000 gallon propane tank for retail sales of propane. We believe that a zoning change, variance or special exception would be required to achieve that plan. The Brinkmann corporation publicly states they are not seeking those approvals. Traffic and pedestrian safety, as the roads are currently heavily travelled, congested and beyond planned capacity. There are currently traffic studies that have been undertaken and are being reviewed by the State of New York and,these studies did not include the increased congestion,that this project would create or that has been brought to the town,by COVID with the influx of new residents. A park or hamlet green at this location would add a calming effect and help to maintain and bring to fruition plans for such since 2015, preserving our rural identity that brings visitors and tourists to a place and the reason we call it home. And for all the reasons stated in the Town Boards temporary moratorium for that area of Main Road from Bay Avenue to the west and Pike Street to the east, which has become the center of our hamlet of Mattituck.' Now, Brinkmann hardware corporation, we were there in Sayville when they opened their first store, then they expanded and they brought some property in the Main Street area which is what the Brinkmann corp says they want here, they want visibility. With the visibility that they are looking for and what they did in Sayville is they moved from their first store and then they built another.... SUPERVISOR RUSSELL: I am sorry, I hate to interrupt you but the comments should be based on the proposal rather than the history of the party that's involved. MR. BEISEL: I feel that it might be because,what is happening here, Supervisor, is that it's been said we are taking or the taking from their family's property. This is a large corporation, together with a larger corporation True Value Hardware, and they've been doing this in several areas of the Island. So, I will leave my,comments as they are and I don't think that you, the Town Board or anybody else in the town should be bullied or spoken to in the manner that has been done during this podcast and I want to thank you personally for everything you've done and made the town that I live in the way that it is. SUPERVISOR RUSSELL: Thank you. Southold Town Board Regular Meeting August 11, 2020 page 57 MODERATOR: Okay, thank you Art. We'll try Jean once more. (No response) Okay, we'll try Charlie Guelli. (No response) Next we have Body Right Training. PAIGE ROMANOWSKI: Good afternoon, my name is Paige Romanowski and I do want to first off address the Board and say thank you for your service and being here today and for making the time available to discuss this important issue. For those of you that don't know who I am, I am a private business owner, I own Body Right Training in Jamesport, New York and my husband is also Kevin Romanowski and he is the foreman for Corrazini Asphalt in Cutchogue, New York. He is also a private business owner, he owns_North Fork Steel Coating. I am a transplant, I am from South Carolina, I have been living here for 17,years and my husband has been here longer than time. His family owned Romanowski potatoes for god knows how long. So I'm an adopted transplant and married to a local yokel. So in regards to the issue of eminent domain, the town's plan in my opinion (inaudible) property via eminent domain for the purpose of building a park for the residents of Mattituck is a matter of great concern and alarm to me and my family. Since when were there an overwhelming, deafening cry for yet another park in our town? I use these parks quite a bit and it seems to me the Town of Southold has a hard enough time managing and caring for the parks that we already have in place. They are littered with trash and feces and campers and people that don't have permits to be there in the first place. How does the town plan to build a park on a corner that is supposedly problematic for any kind of development due to traffic concerns? That doesn't make sense to me that we are going to put a park there and put our children and our families in danger trying to get to because of such a terrible and horrific corner. I agree. I would like to know how much money it's going to cost taxpayers dollars to build such a park? Because it's not just about green space people, I am in the asphalt business, I am in a business of maintaining streets and sidewalks, curbs and it is flipping expensive to develop a proper and safe infrastructure around something like a park. What I would also like to know is how much have these efforts to shut the Brinkmann's down, their development plans down, cost the taxpayers so far, this has been how many months and years of back and forth, of suing and lawsuits and attorneys, this is getting awfully expensive. We want our (inaudible) to live here and many of us have multiple jobs to afford the kind of lifestyle and way of life here and this is recklessness. So what the town is proposing is very, very expensive and it doesn't seem like to me that it's a well formulated plan in the first place. And again, let me reiterate that building a park is not something that our town has been crying and begging for for years. I pretty, you know, attuned to what people are talking about because I work with a large amount of people in my business and I can't really hear this overwhelming, deafening cry that we want a park in Mattituck because like I said, I am up at 3:30 AM every morning and I am outside now thanks to these COVID times and I see our parks pretty underutilized. The North Fork continues to be overwhelmed by growing swarms of people, year after year from all over, that our town seems to be very incapable of handling well or efficiently. The current infrastructure that exists is not sufficient enough to safely and efficiently accommodate the enormous amount of people that are coming out here season after season. A park is not what our town needs and not where our taxpayer dollars should be spent. I strongly, as well as my family, we strongly believe that this notion or this motion to enact eminent domain , is very, very dangerous precedent moving forth the future of our community in terms of growth and commerce. Regardless of what the Brinkmann family intends to do with this commercially zoned property, the seizure of their property without a well formulated and researched and Southold Town Board Regular Meeting August 11, 2020 page 58 justified plan is wrong on every level. Again, this is dangerous and it's a precedent that has us all and I speak on behalf of many private business owners that not just rent but also own property in Mattituck and on Main Road. I am extremely concerned for the future of our town and the lack of support that our town continuously shows towards new businesses and opportunities. COVID has changed our population overnight. Wake up Southold Town, I am sure you are all aware of what the enrollment numbers for this current school year looks like, so as our businesses, our local businesses, businesses that people have worked their fanny's off for years and years and years have been leveled thanks to COVID and are struggling in these times, my concern is, will the town support new plans and ideas in an effort to meet the needs of our constantly growing and changing population in these unprecedented times? Property seizure is wrong and quite frankly, un-American and un-Republican. And my name is Paige Romanowski and I firmly stand against this action of eminent domain. Thank you for your time. SUPERVISOR RUSSELL: Thank you. MODERATOR: Alright, I see Charles Guelli in here a second time. CHARLIE GUELI: Can you hear me now? MODERATOR: Yes, thank you Charlie. MR. GUELI: I want to thank Art Beisel for saying a lot of the things I wanted to say but couldn't get through electronically, but I believe that there's still more that can be said about property rights. Property rights typically come with restrictions to prevent them from being detrimental to others. One example would be a house that can't be built because it would cast a shadow over a neighbors house. There are situations where property owners are proposing to do things that have no impact on the community at large and there are other situations where the intended development of a property will have detrimental effects on the community. Now this instance of the last green corner in Mattituck, we all know what to expect. If a retail store is built at that location, thousands of people and that is not an exaggeration, thousands of people will have their quality of life diminished by irrefutable traffic delays which in turn will create safety issues as drivers become impatient and will turn peaceful, residential streets into thorough fares because motorists will try to avoid the bottlenecks. I won't even get into how it would change the character of the community away from that which we all want to preserve and do we need more retail in Southold? There has been plenty of empty retail space in Mattituck and throughout Southold for decades. Why create more empty space? The Southold Town Board has a tradition of protecting the public good, this is evidenced by the existing community character that draws so many visitors to the North Fork. As duly elected representatives of the tax paying homeowners of Southold Town ,they have recognized the obligation to vote for the public good over the property rights of one owner. Community rights should always take precedence over property rights. I am confident that the Board will continue to do the right thing. Thank you. MODERATOR: Thank you Charlie. I am glad you were able to get your comments here. Jean, we'll try you once more. I am sorry, Jean, 1 am going to go to the next person. The next name is Southold Town Board Regular Meeting August 11, 2020 page 59 see if TBM, I sent you a command to open your mic. Sorry, don't hear anything from TBM. ' The next one is a Ben Brinkmann. I 4 _ 1 BEN BRINKMANN: Ladies and gentlemen of the Board, thank you for the opportunity to be heard. My name is Ben Brinkmann, I along with my brother and sister own Brinkmann Hardware. 'I am also part owner of the subject property on the Main Road in Mattituck. What is going on here is not right and you all know it. My'family has been doing busines's here on the North Fork at our Benjamin Moore paint store for.over 18 years. Thanks to overwhelming support of the North Fork community, our paint store has been tremendously successful and has grown each year since we've opened. We bought a commercially zoned piece of property in Mattituck's business district to expand our paint business and add a hardware store. We are only asking,to exercise our property rights as permitted under the current zoning. Our application'is compliant with the current zoning and codes, the application is also consistent with the town's newly drafted comprehensive-plan. The comprehensive plan continues to call for our property to be zoned hamlet business and to be developed commercially, with one of the ideal uses being, retail. The comprehensive plan also states that a park or a village green-would be a nice addition to the hamlet center. Our property is in the hamlet center. There are many properties in the hamlet center. The, plan doesn't say that a park must be on the Brinkinann property and if necessary, by forcible government seizure. I would submit that any property owner would be upset and fight like-hell if-Southold government came knocking and said sell us your land so we can use it for a park or we will,not allow you to use it as we will eventually seize it. That's the so-called negotiation. They-initially asked'us to sell our'plot but then gave us no viable option, so whoever is telling people that is completely off base. Back when I asked the town to point to another viable location, I was told by the Town Attorney Duffy who I actually have respect for, I think is a nice guy, but he suggested I find a real estate agent because the town was not going to be my real estate agent. , Which I found ironic because I' found a perfectly good parcel, zoned exactly what I wanted to do and bought it. It seems like the town is the one who needs a real estate agent, not me. But in any case, no viable option was'given to us. The`town is aligning with the civics and supporting the idea of the park for one reason and that's to stop my family from using our land and usurping our property rights. The property adjacent to ours is also in the hamlet center and therefore according to the comprehensive plan, an ideal place for a village green or park. That property is currently for sale and therefore it could be easily acquired by the town'if their true intention was to build a park. A park that some people want is not a valid reason to seize property. Especially when-the adjacent property is for sale and perfectly suitable. I understand that some may might like my property better probably for the same reasons we like Jt, which is why we invested our family's-money and bought it. As a rule, I think most of us would agree that government seizure of property should be a last resort, 'used only when absolutely necessary when no other option exists. I think we can all agree this situation does not meet those simple standards. How does the town justify such extreme action? Is the park a need that this town cannot go on functioning without? 'No, of course not: Is my family's parcel the only one suitable for such a park? No,"of course-it's not. The MLCA is the -number one advocate for a park but not even they are'willing to publicly support eminent domain to obtain that park. Ann Smith, who spoke earlier, the president of the MLCA, she (inaudible) in last week's Suffolk Times, Ann Smith wanted to be clear that MLCA is neutral on eminent domain. Ann Smith also wanted to be clear that MLCA is respectful of property rights. That leaves Scott L Southold Town Board Regular Meeting August 11, 2020 page 60 Russell alone driving the eminent domain bus. The MLCA does not want the stain of eminent domain on their record: Ann Smith pointed out that the corner as a park recommendation goes back to at least the 2005 stakeholders study and other town studies. However, for over 15 years, the MLCA or the town never bought the property, during that time the property changed hands multiple times and the town continued to collect taxes. Are we to believe my property lost it's property rights back in 2005 when it was first looked at and decided it might make a nice park? When it became one of the possible candidates that study sited? One of the possible candidates from 2005. But since 2005 it's got no property rights and yet we continue to tax it as•a commercial base property? That's a pretty weak argument. My family has been paying those taxes since going into contract in 2016, four years ago. Of course, it doesn't matter who had what idea and when, the rights of any property belongs to its,owner. Some have suggested that our proposal is out of scale, it's way too big, they even go on to call it big box development. For context, the property zoning allows for over 30,000 square feet of building. We have proposed 20,000, broken up into two buildings. A third less than maximum allowed on our.site. A big box store, such as'a Home Depot, is 100,000 to 150,000 square feet. A 12,000 square foot hardware store and sidewalks to increase the safety to pedestrian access, as well as improve site lines around the corner, I understand the community's frustration with the traffic and I, agree it needs to,be addressed. While at the meeting we offered to donate land to the town to accommodate a right turn lane onto New Suffolk Avenue, we also offered to contribute towards traffic mitigation including paying for a traffic light if one was determined to be,needed. My family has been and remains very open and willing to work with the community and the town, that has always been the way my family and I have gone to business, including when we redeveloped that site in Jamesport, actually 10 years ago we replaced our 2,400 foot main store and redeveloped our site with a new modern 5,800 square foot building. Many in the community, were concerned, including Richard Wines, chairman of the Landmarks Preservation Committee in Riverhead. They came to us with their concerns and we worked together to design the building that stands there today. I think most would agree that building is now an asset to the Jamesport community, an improvement of what was there before. I remain adamant in ,our family's fight for our property rights, I will never,give up or be bullied off our land. The Supervisor and Town Board are elected and empowered to uphold'the town code, make sure the town code is applied evenly and fairly to all applications, regardless of their personal opinions and their agendas. If this board does move forward'in their efforts to seize our property, we will be forced to file a second lawsuit against Southold Town. Southold Town is the only one my brother, sister and I have ever filed suit against. We did not come to Southold looking for a fight, our plans to expand our local family business in compliance with the code, on commercially zoned property should be celebrated and encouraged. I ask this Board to do what they know is right. If not for my family and our property rights, then do it for your,family and your family's property rights. Do it for the good people of the North Fork, for the rights of every American. For every property owner. I respectfully ask this Board to move forward constructively with my family. I pledge on the-record for the public today, to build within the code and zoning. I pledge to help wherever possible to address the existing problems that have plagued the area for years. I pledge to build beautiful, conforming buildings, operate a neat and clean business as we have in Jamesport for over 18 years, I pledge to create 25 plus jobs for Southold residents for years to come. I pledge to work constructively with each and every Board member if given the opportunity. I once again ask this Board to set politics and emotions-aside Southold Town Board Regular Meeting August 11,2020 page 61 and vote this unjustifiable eminent domain action down. We can all do better than this. Thank you for your time and consideration. MODERATOR: Thank you for that. Alright. We will try Jean once more. Jean? (No response)Alright Jean,`we'll come back to you once more again.''Next up is Bill Toedter. BILL TOEDTER: Supervisor, Town Board members, I just wanted to read this letter I sent, "The names Youngs, Hallock, Horton, Wells and Tuthill aren't just names in history books or on street signs: Those names, our foundersdescendants; still live amongst us. Their objective to come here, to build a life and stay here, wasn't about getting rich. They were and are still here looking to work for, fight for and build a better life,.a rich life. That's what Southold Town was founded on,some 380 years ago and is based'on still today. Its what residents look to pass on to their children and grandchildren: It's all about quality of life. 'While my family's history here only goes back 90 years in Mattituck;,there are lessons I was taught and,learned along the way, chief amongst them that once you lose something special, you can't get it back. That's why for years I fought, with others, for clear water, land preservation and the likes. It wasn't just about protecting our-natural resources, our health and' well-being. It 'was about protecting and continuing,the community's way of life, its quality of life. I remember listening to many people talk about-`the good ole days' among them the late Bob Rothman Sr., the late Howard Meinke and the late'Paul Stoutenburg. They Helped to not only build the'community but to make sure it did not lose what made Southold special. And when people come together with a vision,'with passion, with caring, they can make a`difference. The North Fork doesn't have several nuclear power plants in Jamesport because people came together. Southold doesn't have box -stores because people spoke out in one voice. And the hamlet'of Mattittick came together ,and as a result there are no, golden arches glowing in the night sky or a drive through at the local McDonalds. The people, the town government and businesses came together and worked out differences to work with the community and its desires, not against them. They all sought to maintain our special character, our quality of life before we lost it forever. It's about being good, caring neighbors. -Southold is still a community of farms, farmers and fresh produce. It's still home to marine waters,'baymen and fresh seafood'. There are still rural homes; rural roads and rural vistas. And none of this'is by,accident or complacency. These and many other aspects of Southold remain and thrive only through the hard work of residents, businesses and government leaders who speak out to protect 'and continue ,this way of life so residents can maintain their quality of life, even with 'many outside pressures and'local changes ongoing. And those fights continue today around land use, land `preservation and'zoning. With limited budgets and increasing demands stretching the town's resources, mistakes have been made_along the way, such as not completing and enacting the revised master plan sooner. But let's not be mistaken,, the direction and spirit of the changes have been voiced by residents in each of the hamlets time and time again over the past seven plus years in public meetings and letters. The'desire for green space preservation, for ensuring the. safety of community roads and residents; of controlling growth, of meeting the needs'of the local workforce as well as retirees; among other concerns have always been central to the design of the new master plan. All too often; people and, businesses come to town, attracted by its rural character and beauty'but once 'here;* want to radically change things rather than help maintain them. And while everything does change over time, the community's voice should not and cannot be disregarded. Zoning and building codes Southold Town Board Regular Meeting August 11, 2020 page 62 cannot be ignored. Building setbacks, sanitary requirements, maximum building height and size requirements are meant to protect the community's land, water and character and should not be waived or negotiated away except under extraordinary circumstances and maybe not even then. It's about protecting the quality of life, for everyone. In those times when people or-business entities don't want to adhere to building or zoning codes, let alone community desires and standards, there are different tools at the community's and town's disposal to address the situation when public meetings, negotiations and even reasonable. compromise don't yield results. As the town finds itself spending years to carefully draft a comprehensive plan that addresses the town's current and future vision, as commented on by residents of each hamlet, it's not unexpected that some may try to take advantage of gaps between current and new plans. And at such times, the community and town must avail themselves of all possible tools to protect resident's safety, the town's character and everyone's quality of.life. Eminent domain is not a L choice that-is taken lightly. That's attested to by the ,very few times such an action has been taken. But in this situation, when the community's voice, options,to compromise, negotiations and even offers to purchase at above market price have been ignored, it leaves no other option to protect the community and the integrity of the master plan that has been years in the making. It's an.option that raises concerns. But it is an option that has been used sparingly, carefully and with the greater concern of the community at its foundation,, I'd hope that people would understand, respect and support its use in this case. Remember, once the community loses what makes it special and keeps it vibrant and healthy today and into the future, such as its rich lands, its clean ground, and marine waters, its rural character and its quality of life among other things, it can never get them back. Critical.times call for critical actions. The town has supported the public's voice and now is the time the public should clearly and loudly support the town's actions in this matter. One town, one future.' Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? MODERATOR: Yes, there is another hand raised. Robert Dunn? ROBERT DUNN: Robert Dunn, Peconic. I would have been better off if you had gotten me the first time, because now I have heard a lot of other things. First of all, I heard something that I was really bothered by, I have never heard anybody refer to Southold as Scottsville. Other than now, one person who doesn't live in the town, so I don't like that insinuation. I'll just leave that for where it is, it is not so, I have never seen the attitude. As a matter of fact, I was recently at a parking lot and Scott, you came by with your mother and asked me permission to drive into the lot. So I've never seen anybody suggest or seen any attitude.that it's your town, let's establish that. That's bunk. Regarding this ,property, one thing I have heard in my time here and I've heard it a lot, it's not like it used to be, this isn't the way I grew up. Well, we have an opportunity here to hold on to a piece of this, so that it is like it was and we should.. That's it. But if we do, this is America, we are a capitalist country, the Brinkmann's have got to get paid. I'm not sticking up for them but that's just the way it is. ,They bought the land in,good faith and if they are going to get bounced, they need to be paid for what they put into it and their time and ` effort. More than that, I have nothing to say. Thank you. SUPERVISOR RUSSELL: Thank you. Southold Town Board Regular Meeting August 11, 2020 page 63 MODERATOR: Thank you. I think we might be able to get Jean. (No response) Okay, we are going to go-next to Mike Cortese. MICHAEL CORTESE: My name is Mike Cortese, I am a lifetime resident in Mattituck. My father was a business owner, very close to the green corner, beginning in the 1940's. I became a business owner at the same place in the 60's. Then in the 70's I began teaching at Mattituck High School for the next 30 years, and I am a retired resident right now. I have seen many changes, I was alive in the 50's when they used eminent domain in front of our house, they took down the trees and came onto our property to straighten out the road. I'd rather have the trees there now but it was for the safety of our community."Many changes, many changes. Change isn't bad but it must be done prudently, with good planning and a vision toward the future.- Residences and businesses have for the most part been in harmony in the`hamlet but businesses•must be in-scale and fit properly onto a parcel. Preexisting neighbors, residents and traffic burdens in mind. This "is not,-the green corner, the right,corner for such a large business"operation. It's just'issues of pedestrian safety and already very burdensome traffic density already plague this Main Road corner. I would urge you to vote yes on eminent domain and preserving this corner as a village green; which would be a passive oasis"(inaudible) but for all the enjoyment today and'for all future generations. I thank you and I thank you for all your efforts. Thank you. MODERATOR: Thank you. And we will try TBM, we tried TBM earlier. One more time. TBM: I have been a resident of the Mattituck community for over 30 years now and yes, Mike is correct, there have been a lot of changes but the changes that have come have-been done .planfully and in accordance with the character of our community. I have to thank the Brinkmann's for sending their very glowing, three color glossy announcement about this meeting and I would not have known about the meeting without it. I was at the meetings I guess about a year ago, in which there were at least.about 150 people, all of whom were treated pretty poorly by the Brinkmann's who were there to do their presentation and I have also searched on`the intemet to see what their other facilities look like which they may say is not a big box store but so far as I can see... SUPERVISOR RUSSELL: I don't mean to be rude but again, we are talking about the content of the.public hearing, so I am going to ask you to focus on the public hearing. The purpose of the public hearing is to simply declare whether the corner lot would serve the public purpose as a park so,we have to sort of narrow it to that rather than personal commentary on other things. TBM: Okay, no problem. The purpose of that corner and the lot next to it would make a beautiful park for our neighborhood, it would preserve the character that so many of us are concerned about. I don't know why it is that we have to deal with the kind of arrogance and ad hominem insults to Supervisor Russell, it is not appropriate at this point and ultimately, I am retired now and feel like I am living in paradise. I don't want to feel like I am living in Riverhead and that's the kind of thing,, once this creeps in, will happen next. I support the eminent domain if that is the only option we can pursue at this point and if there is any possibility thatwe can buy the parcel next to it and make that one beautiful large green like they have in Southold or like they have in Greenport, that would be terrific. I support whatever the Southold Town Board Regular Meeting August 11, 2020 page 64 Board does to stop the Brinkmann's from moving in and putting in a store that is inappropriate for our neighborhood. Thank you. MODERATOR: Thank you ,for that. Alright, we have one more hand raised. That's Jean. We'll try one more time to have Jean. (No response) Supervisor, with that,'there are no other hands raised. SUPERVISOR RUSSELL: Before we close the hearing, I just need to address something one more time because it strikes me as really bizarre. I had actually never met the Brinkmann's, I had never heard of Brinkmann's hardware store ever. The first time I met them, I was at a political fundraiser in Southold, they called me outside to talk about the pending application. I told them that I am not allowed to talk about it, it would be a violation of ethics to discuss pending applications before another board., It was a short, it was cordial. Since that time, they have enlisted just about every heavy political hitter in Suffolk county to approach me to meet with me. I haven't been able to. because litigation is pending and again, it would be completely inappropriate. They've gone to other political events up west and they have always tried to get me outside to discuss the issue with them but again, there's litigation pending and I can't do that, even without litigation I can't discuss pending applications. I, you know, as recently as a week ago they had tried to coordinate a meeting with me but again, there's pending litigation. There's nothing personal about that, I am required to disengage from discussion if there's a pending application or pending litigation but I had to feeling towards them, I don't know them, I never heard of them, I never heard of their hardware stores so this whole personal animus thing, personal agenda is frankly, I'll repeat the word again, it's absolutely bizarre and contrived and out of left field. Okay. Can I get a motion to close the hearing? COUNCILMAN DINIZIO: I would like to say something. ,Can you hear me? SUPERVISOR RUSSELL: Yes. COUNCILMAN DINIZIO: I understand that a green space would be nice there but I looked at the new master plan, the one we are getting ready to adopt and had any businessman come into town a month from now, they still would not have been warned that this particular neighborhood would like to have a green space. It's not in our code and it's not in our master plan. It's still zoned as HD and maybe I can bring it in, let's see if I can, so here's the district right now, can you see that? SUPERVISOR RUSSELL: No. COUNCILWOMAN DOHERTY: No. JUSTICE EVANS: Another hand came up. COUNCILMAN DINIZIO: Let that person go. MODERATOR: Okay, Meryl Kramer. Southold Town Board Regular Meeting August 11, 2020 page 65 MERYL KRAMER: My `name is Meryl Kramer, I did write a letter to the Board earlier last week and'I don't want to read the whole thing but"I do want to say that I moved here 27 years ago"with my husband. I am a member of the Mattituck-Laurel Civic Association, I live within a ston'e's throw of this property, -I have to disclose that, so I do have a vested interest in this, property. I was a member of a focus group that began as part of the Mattituck-Laurel Civic Association several years ago that studied the Main Road, Love Lane intersection, this property came up again and again- as.a critical hotspot for traffic. I`was also on a committee that was comprised`of architects and landscape architect's'that evaluated and analyzed the work of the SUNY landscape architecture students with regard to the heart of Mattituck. So that study, I am not going to reiterate the whole study but basically it explored the idea of the walkable hamlet, ,traffic calming and again as many people have said before during this hearing, the idea of making more open space and taking advantage of the open space that we already have and one thing that the students really, when'you had a bunch of designers and architects looking at things from a more'objective standpoint'-they made that observation that the'Mattituck inlet and also the space that is owned by the park district is very close and very walkable and can be connected to the downtown'of Love Lane and to this last green corner in ways'that-are very achievable if you look at things from a designer standpoint. There are a lot of tools that we could pull out of our toolbox to calm traffic and facilitate pedestrian walkways and these things have"to be done by _professionals in order to make a safe place. So, maintaining this open space is not, not for a- playground, I want to make sure we all understand this, I want to drive this point home, this _green space is not supposed'to be looked at as a playground or a place that people drive up and park their car-and play softball, it's not like that. It"s an open space that can be used by people that are on Love Lane and people who work in downtown Mattituck,people who can walk there.. It's a passive recreation space, where you can sit under a tree on a"bench, have a sandwich, have a conversation and then be on your way but it is an open space not a playground. We are not looking to create that. Anyway, so I don't want to keep going on and on, it's just unfortunate with all these studies that have been going on and all of the conversations that the board is in the position to be dealing with in this retroactive way and having to deal,with eminent domain but we are here now and I think that taking this property is definitely justified by a greater public good and I do believe that preserving this corner for'passive recreation is in the public good'and for this reason I am in support of eminent domain and I encourage the board to adopt the comprehensive plan as soon possible to provide guidelines for future development and for future zoning changes so that we do not find ourselves in this position again., Thank you very much for- listening orlistening to my comments. MODERATOR: Thank you. Alright. That is the last raised hand,-Mr. Supervisor. COUNCILMAN DINIZIO: I would like to give this another try. JUSTICE EVANS: And one more hand went up. COUNCILMAN,DINIZIO: It's not working. I'll have to practice that. I just want to say, I think that eminent domain is using a sledgehammer when we probably could solve this problem in other ways. I looked at the same thing that Meryl"saw, I liked that presentation that the kids from the college, basically had some really great ideas for the Love Lane area and even myself t Southold Town Board Regular Meeting August 11, 2020 page 66 'about a month ago, I talked to every business there on Love Lane trying to figure out how we can make it better for them and I just have to say that we have this master plan, we are going to adopt it and even in this master plan, after 10 years, there's no indication that a business person could come in and understand that that particular corner, okay, is precious to anybody. There are a couple of references that we'd like to make that a park of some sort, a green space but in all honesty, if you read some of the letters that came in, it's a dangerous corner, it will still be a dangerous corner whether you have eminent domain or not. That's still going to be there and that needs to be addressed and to my mind, addressing that, the least expensive way of addressing that is let the developer do it and address that. He's got to somehow come up with a plan that makes that safer. That's why you go through the planning process. That's why you zone where you zone which is that whole area is hamlet business and there's nothing to say that when we do take this one lot that the Brinkmann's can't go one lot east and build their store. It's zoned exactly the same and it's just as large, okay? Do we do eminent domain on that as well? I mean, you know, we have a code and that code has been in place for quite some time and those lots have been sold and people rely on our definition that we put down in black and white. T hat's not just the Town Board, that's the community. The community made their mind up on what they want and even our new master plan it says that you want to encourage people to go into the hamlet business zone, you don't want them and especially in this one area, you don't want to have a third business district. This is well within the first business district that's mentioned which is the Love Lane district and if you go up to the shopping center, Cardinale's, that's the second one. I have been involved long enough to remember that, I was on the zoning board when we did McDonalds and I listened to that same argument. It's just about the same argument. And yeah, you know, you got together and worked something out, kind of worked something out, kind of made it good for everybody, even some people who spoke up against it vehemently said that the end product was a fair product and I think that you would get that here as well. Just my concern is, why are we using eminent domain when this guy could go anywhere within that district, find another lot and build it. He could build further in to the residential zone which is up on New Suffolk and build his store. I think we are going in the wrong direction. I think we are using eminent domain wrong. I think we have more control over this whole project if we allow what we have stated in our code to happen and that's been for 20 years, at least 20 years that's been zoned that way. All of the reasoning is well behind it, that you want to have business in business zones. If you look at Mattituck, two percent of the Mattituck hamlet area is zoned commercial, two percent. Sixty, almost seventy percent is residential and agricultural. I mean, can we not see the forest for the trees here? We have a beautiful place. It's beautiful. Again, we have one road that yes, it has the businesses on it but that's where you want them, on the Main Road. And to put a park, especially in that area, I don't know, I haven't heard all the pluses and minuses but I know that I don't want to get a park there by eminent domain. That's all I have. Thank you. SUPERVISOR RUSSELL: Anybody else? MODERATOR: Yes, there is another hand raised. It's Patty B. PATRICIA BERG: Hi, my name is Patricia Berg and I am a local resident here in Southold, I am also a Republican and I am a realtor. I did write a letter so it's been sent to all the board Southold Town Board Regular Meeting August 11, 2020 page 67 members, you can read it at your leisure but I've been listening to all of these comments and I feel that a lot of these people that are calling in are not knowledgeable as Paul Pawlowski stated, of the rule book that already exists. It doesn't matter if it's the Brinkmanns or whoever. There's a very limited number of commercially zoned properties in the township of Southold. It's very hard for people to find property and then when they do, they have to jump through all of the hoops that the town requires in order for them to build. And for the town to go by eminent domain to take back property rights is setting a precedent that is just unheard of, that you could just take this. I am all for land preservation,-it's what keeps our community beautiful. It's what makes the North Fork what the North Fork is, that's why we all want to be here. I get that, I really do. But to take somebody's property rights and well, they are following the rule book. The rule book says they can build a retail operation. They are following it to the code with what sizes, they jumped through hoops to accommodate what the code book, the rule book says. So when people call up and say they'd like a park on the corner, yeah, I would like a park there too but that's not what, you can't take away people's property rights, they could come to your house next week, the town could come and decide, you know what? We need another park over here or we want to do something else and we are going to change this residentially zoned place and we are going to put like some other kind of thing. So you set a precedent by taking away valuable property rights that people pay for, you know? And as a realtor, how can I go out and talk to my customers and help them to find, we search high and low to find a properly that is suitable for the zoning and I mean, I talk to a lot of you people, too and the board people, the building department, trying to locate suitable properties for different kinds of businesses out here and I am not, like I said, I am so upset by this because I am not against the fact that you are considering this and I really, I just ask all of you, Louisa, would you like if they took the residences in Fishers Island and decided, oh, well, now we are going to put some hotel here so more people can come and we decided we are going to take it by eminent domain and we are going to put something commercial there or something. It's just not right to take away the rights that are already established by the town for a piece of property, so I hope that you all reconsider this eminent domain because that is not the way to go and I am a Republican and believe me, my vote is not going to people that are going to do this kind of stuff, it makes no sense and I could jeopardize my business by doing this as well but I just had to speak. out. So thank you for listening. SUPERVISOR RUSSELL: Thank you. Any more hands raised? MODERATOR: Two of the hands raised are of people that already spoke. I don't know what the policy is on that. I am going to move to the person, actually, all three people have already spoken. For the record here, for everyone who is listening, I am an outside consultant, I have no stake in this game, I do not know what the town's policy is on this. If it is to return to people who have already spoken, that's fine, I just, I don't know what you guys normally do here. SUPERVISOR RUSSELL: People had their opportunity to speak during the public hearing and we what we are going to do is move forward, unless someone who hasn't spoken yet would like to speak, we are going to move forward with closing the hearing. r Southold Town Board Regular Meeting August 11, 2020 page 68 COUNCILWOMAN NAPPA: I thought that the public had the opportunity to speak even if it was more than once. SUPERVISOR RUSSELL: They do... COUNCILMAN DINIZIO: I agree with Sarah. SUPERVISOR RUSSELL: They do have the right to speak because at the end of the meeting we open up............ COUNCILWOMAN DOHERTY: We haven't closed the hearing yet. SUPERVISOR RUSSELL: No, at the end of the meeting. We give people the right to speak on any issue including this. COUNCILMAN DINIZIO: We let people (inaudible) as long as it doesn't get out of hand, I mean if someone wants to rebut something or add something, we've never stopped anyone from speaking a second time, Scott. SUPERVISOR RUSSELL: Actually we have, Jim, but I will defer to you and let them speak again. COUNCILMAN GHOSIO: Maybe you want to let Mary Ellen Tomaszewski speak, I don't know if she spoke already. SUPERVISOR RUSSELL: Certainly the people that haven't spoken yet should have the first opportunity to speak. MODERATOR: Yes, I think Mary Ellen's name came up while you were speaking. MARY ELLEN TOMASCZEWSKI: Thank you so much, Supervisor Russell and members of the Town Board. At meetings that my husband and I have attended, we've heard Southold Town residents express what amounts to as our shared community values. They include safe roads, controlled growth and preserving the character of our communities. Town and county leadership were on the right track helping to make the last green corner a welcome space for all of us. The company that would like to construct a building bigger than the Mattituck CVS on this property wants another office size store to add to their chain. This property is around the corner from Love Lane, where our residents and visitors alike, Love Lane reflects our sense of community while at the same time a quaint environment. We urge you to act with the community's interest in mind, help preserve this space for a park, a village green, something that compliments the environment. Our last green corner needs special consideration. We all know that if we lose this corner, it will be far more than a piece of property that is lost. Thank you. SUPERVISOR RUSSELL: Is there anybody that hasn't spoken yet that has their hand up? Southold Town Board Regular Meeting August 11, 2020 page 69 COUNCILMAN DINIZIO: Ann hasn't spoken. SUPERVISOR RUSSELL: Inaudible. MODERATOR: Ann,you should have a command to unmute your mic. ANN: Okay, so this has been a very long public hearing. I just have two words that I think-the Town Board really has to think about before this vote and that's community character. That was the purpose of the comprehensive plan in the minds of many people in the Town of Southold and this corner really does deserve to be a park and it would fit in the entire comprehensive plan for the entire North Fork and Southold Town. That corner is a hazard and I think if this is opened up for anything other than a park it will be just another brick in the wall that's really going to change the North Fork. Don't forget, you know the reason it's still zoned hamlet business there is because the town has taken 10 years to complete the comprehensive plan. Had the wishes of the Mattituck residents and East Marion and Orient for that matter been included in the comprehensive plan to the degree we wanted, perhaps it would be in there. It remains to be seen how that is going to shake out but please remember community character. Thank you. SUPERVISOR RUSSELL: Okay, is there anybody with their hand up that hasn't spoken yet? MODERATOR: Supervisor, I see three hands that are raised that I believe have already spoken. SUPERVISOR RUSSELL: Okay, so we can go back to them as long as everybody that hasn't spoken has had the opportunity, we can go back to the other speakers. MODERATOR: Okay,the first name is Hank Brinkmann. Hank? HANK BRINKMANN: First, if my tone came across a little strong, I want to apologize (inaudible) so, I don't mean to be disrespectful to anybody but I do feel strongly about what we are talking about. I just wanted to clarify something, Mr. Russell when you suggested, you know, my brother and I very much wanted to meet you, we felt it would be a good idea for us to meet and try to work constructively together but I feel you are suggesting that we tried to pull you outside of a political event, I don't see it that way at all. We had asked Bill Duffy if he would be nice enough to introduce us and he was and yes, we were outside at Founders Landing there and you know, your town attorney was standing next to you and there were others present as well... SUPERVISOR RUSSELL: Yes. MR: BRINKMANN: But it certainly was not to ask for a political favor as we have no favor to ask, Mr. Russell. We have been looking to develop our property, we have been 100 percent compliant of your town's code, so we have no favor to ask. And we have, again and again, tried to talk to you because we feel that that's possibly something that can help. I think you should bringing us together, I think you should be the neutral party that's bringing us together with the civics and work towar& a solution that maybe is not perfect for anybody but maybe works for Southold Town Board Regular Meeting August 11, 2020 page 70 everyone and everyone can get something out of it. And that's why we tried to approach you and in fact, we emailed all the council members with the same ambitions, just to try and work through this. It was certainly not for favors, we have no favors to ask. Unless it's suggested that exercising our property rights is a favor which I don't think anybody would suggest, that's ridiculous. So, thanks again for the time and I look forward to (inaudible). Thank you. SUPERVISOR RUSSELL: Thank you. MODERATOR: There's one more hand raised who spoke before and that is Art. ART BEISEL: Okay, so not to go over everything else but I just want to get some clarity here. On a public meeting like this and keeping all the facts constrained to the property at mind or whatever, is it proper for people when they first get on or when they are done, to say oh by the way, I am Republican or Independent or Democrat? You know, I've only heard by the way I am Republican, is that supposed to favor or curry favor with the Town Board in some respect or, I don't think (inaudible) and if it happens again at another meeting, I would suggest that you cut that short. I would expect to be cut short. This is not about politics, this is about the community at large and the last chance to save that property since everything else has failed. And again, thank you very much for listening. SUPERVISOR RUSSELL: I think you had said before we had three hands up, two have spoken? MODERATOR: Yes, I believe this is the last hand up, John Carter? JOHN CARTER: Thank you and thank you for the second opportunity. Just two brief points, but I think important points on all that has been said today. The idea, the statement has been made repeatedly that a commercial developer doing due diligence before a purchase would not come across information that the majority of locals feel as they do about the proposed development should reflect upon the commercial developer- doing their due diligence and not upon the community. It is not the community's responsibility to notify prospective developers of the community's ongoing responsibilities. The Brinkmann's, on September 17, 2017 were told in no uncertain terms,politely, that this community is working already towards a park on that property. The Brinkmann's had a choice, they could go forward knowing that the community was working towards making this corner a park, they could go ahead and purchase that with the knowledge that they are going against the community wishes. The second point is that there has been a lot of talk about how the current owner of this property has followed the rules, has followed the process, they have and so has the community. But the community had at least one ball tied to its ankle, one ball and chain tied to its ankle and that is that its efforts to protect its own community, its own neighborhoods by using zoning, by using a comprehensive plan have thus far been thwarted because current zoning is in fact 1970's zoning. We can all agree that this is not the same intersection that it was 50 years ago. And yet, the town, for decades, has not done what is necessary to bring the process that's available to citizens to a place where it is effective. So we too, have worked the town's process. We have spoken, publicly, repeatedly, over a number of years. Those who do not recognize that this debate was under way or thi's discussion was under Southold Town Board Regular Meeting August 11, 2020 page 71 way, aren't paying attention. And it does come down to, as it's been said several times, when this is all said and done, when you as Board members vote in the years to come, what's on the corner of Main Road and New Suffolk Avenue will be your legacy. Eminent domain will be forgotten. The parties involved will be forgotten. And again, eminent domain is no one's first choice to resolve this issue. And I personally believe that in the interest of all citizens, I would ask Board member Dinizio, you said you talked with the businesses in the vicinity, did you talk with the residents of the community? Because you missed my house. You missed my neighbor's houses. You missed everybody on our block and the other blocks in proximity to there. COUNCILMAN DINIZIO: Do you want me to answer that? MR. CARTER: No. Eminent domain is not wrong, per se, it is not un-American per se, because it-is in the constitution. It provides an opportunity, it provides parameters and it is last resort. Vote yes on it, thank you. SUPERVISOR RUSSELL: Any other hands? MODERATOR: One other hand went up in the process, Mr. Ben Brinkmann? BEN BRINKMANN: I am back, okay, I just wanted to clear up some issues, so by the time we got to that civic meeting, I just want to let the civics know including John Carter there and who I remember meeting, we went to contract on this property in 2016, so that was a legally binding contract with the bank and that's a mystery as to why the bank picked Brinkmann's over Southold Town, they didn't pick Brinkmann's over Southold Town. There was only one buyer in 2016, we approached the bank, I simply called them, I didn't know anybody at the bank, I called to talk to a clerk until I got the right person on the phone and I said I see your corner there and I would like to build a hardware store there and they said sure, make us an offer. Within two phone calls we had a deal. We went into a legally binding contract. After doing our due diligence as was suggested, I reviewed the code, I made sure I tested it with the architect to make sure I could fit what I wanted on the property. And then I approached the civics and I know what I am going to get when I go to a civic meeting,just'like when I talk to a group like a soccer team, I am going to get a bunch of guys that like soccer rather than football. But if I talk to a football team, I am going to talk to a bunch of guys that like football better than soccer. So when I talked at that civic meeting, I knew what I was walking into and that is also why I was undeterred when I heard people telling me things like go away, nobody wants you, you know, you are not wanted here, etc etc. Completely unconstructive comments, made up the bulk of the meeting. I addressed everything I could as constructively as possible but again, by the time we walked into that meeting we were in a legally binding contract, we put a lot of money down on the property and also had our drawings. You know those drawings that looked like two pieces of cardboard to the civics meetings but those two pieces of cardboard represented hundreds of thousands of dollars. So you know, amazed that I wouldn't just walk away when the town offers to buy the property for what I paid for the property but not considering all the other expenses I had in there at that point, you know, is ridiculous. Of course I can't walk away. I know you want to paint my family and I as villains in this giant corporation but I assure you, a couple of Southold Town Board Regular Meeting August 11, 2020 page 72 hundred thousand dollars means a lot to us and you know, John also recommends, states that the civic wishes are the wishes of the community. I would contend John, you know, or anybody the civic wishes, yes they are pretty consistent across the civics however, there is not one opinion in Mattituck. Not all of Mattituck and not all of Southold Town agrees with everything the civics say. You know, as far as painting me the villain, it was an effort to boycott my store in Jamesport. Well, what I can tell you, my store has done better every year since I started this project. So, you know, the boycotts had the opposite effect and those are people voting with their (inaudible) and their wallets and supporting us and I very much appreciate it, so I would hope that we could continue to (inaudible), I would appreciate that very much but that's why we don't walk away when we are told we are not wanted and if nobody wants us, there's a lot of nobody's on the North Fork. Because I have gotten a lot of support and I appreciate it very much from everybody out there that has reached out with supportive comments. Also, as for us building a building that is larger than the CVS, that is just false, the CVS is 15,000 square feet, it's the largest building we have proposed is 12,000, roughly 25 percent smaller. So, everything in context. Thank you very much. MODERATOR: Okay, thank you. That is the last raised hand we have, Supervisor. SUPERVISOR RUSSELL: Okay. MODERATOR: Sorry, Meryl Kramer? MERYL KRAMER: Hi. I just wanted to say that my understanding is that there are two buildings, one is 12,000 square feet and then the second is 8,000 square feet for a total of 20,000 and they are very close together because of the way that the code is written, you can have several buildings up to the maximum lot coverage, so I wanted to clarify that because I think that's correct and I think that makes a difference, I think that the correct square footage is almost 20,000. It's a total, not just the one single. Thank you. MODERATOR: As of now, there are no more hands raised: COUNCILWOMAN DOHERTY: If there are no comments from the Board, I will make a motion to close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell: SUPERVISOR RUSSELL: Would anybody like to comment on any items of mutual interest? Councilwoman Nappa Southold Town Board Regular Meeting August 11, 2020 page 73 COUNCILWOMAN NAPPA: Can you tell me why there is not going to be a vote today on eminent domain? Town Attorney Duffy TOWN ATTORNEY DUFFY: They closed the public hearing, the next step in the eminent domain procedure is for the Town Board to prepare and adopt a findings statement, so we didn't prepare anything because we were going to take public comment first before we prepared any . document, so the next step is to have something for you to vote on, it just hasn't been prepared yet. So it's (inaudible) whether or not to adopt a findings statement (inaudible). COUNCILWOMAN NAPPA: Alright. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Is there anybody else that would like to comment? MODERATOR: Yes, there are two hands up. Denise Geis DENISE GEIS: Hi. There's still some of us out here listening, even though you guys don't get paid enough to go through this every week, to go through all these comments. My question is how, I heard something about the eminent domain that it could take up to 90 days to do the next step, is that correct?. TOWN ATTORNEY DUFFY: Under the statute the Board has up to 90 days to take action on a findings statement. I'm not saying it will take that long but they have to act within 90 days. MS. GEIS: Okay,no problem. So obviously it will be in the paper or on the website when we have the next step, is there any more public comment, is it just up to the Board now? How does that work? 'TOWN ATTORNEY DUFFY: Right now (inaudible) will appear on the agenda for the next Town Board meeting. There is no public comment at this time. MS. GEIS: Excellent. So it's up to you guys now, we just have to keep an eye on the agenda so we know what happens, correct? SUPERVISOR RUSSELL: Inaudible. I would certainly (inaudible) that would like to contact my office on Friday which is when we generally put the agenda on for the following Tuesday although we do post it on Friday, so you would see it on Friday. Any Friday prior to a Town Board meeting on Tuesday. MS. GEIS: Great, okay. And so do we have any idea when life might get back to somewhat normal, when we might meet even in limited numbers of people in public in these meetings? Do we have any idea about those? Southold Town Board Regular Meeting August 11, 2020 page 74 SUPERVISOR RUSSELL: I had actually reached out to the other nine supervisors for the towns to see what policies, procedures and protocols they had put in place to allow public attendance, currently some town boards, they do all meet in person for work session, executive session and the regular board meetings and they do allow public participation, generally right now like in Riverhead it's restricted to the,media. With regard to public access, we are working on a plan now that hopefully by next week being able to allow the public into town buildings on an appointment only basis. So we are working (inaudible), you have to remember we are working in a context (inaudible)particularly with government buildings. No, you can see at the state level how state offices are functioning and then determine that that's what we would probably be able to do at the local level and in most instances, they are just appointment only. MS. GEIS: Okay, well thank you very much and I appreciate your diligence in all of the things that are going on today. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Another hand? MODERATOR: One more hand, Mark Borden? Mark Borden MARK BORDEN: Thank you, my name is Mark Borden, I am a resident on Fishers Island and I and several of my neighbors have been camped out on this for the last 3 plus hours listening to (inaudible) address our concerns about Walsh Park's proposed project on Fishers Island on property being acquired from the school. We understand that the Board is holding another hearing on that issue in a couple of weeks and understand that we will have an opportunity to comment more on that during that period, so our assumption given the late hour and given how exhausted you all must be from what you just listened through, that you would prefer that we not address our concerns at this late hour and instead do it over the next couple of weeks and during the hearing to follow but we did want to make sure that our silence today was not construed or interpreted as not having concerns about the Planning Board's recommendations... SUPERVISOR RUSSELL: Yes, in no way would we presume that because there wasn't commentary today that there is no interest or an ambivalence there. Certainly when we have the public hearing we will take all the comments you like and feel free to submit them at any time prior to the public hearing as well. MR. BORDEN: Thank you. Supervisor Russell: SUPERVISOR RUSSELL: Are there any other hands? (No response) Motion To: Adjourn Town Board Meeting Southold Town Board Regular Meeting August 11, 2020 page 75 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:21 P.M. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell 1 J r