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Home My WebLink AboutTB-09/22/2015 ELIZABETH A.NEVILLE gUFFD( Town Hall 53095 Main Road TOWN CLERK , co�s; PO Box 1179 o 1=4? Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o' Fax(631)765-6145 MARRIAGE OFFICER #4o, * Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER -- southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING September 22, 2015 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 22, 2015 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on September 22, 2015 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman f Present _. James Dinizio Jr ' Town of Southold 1 CouncilmanPresent WilliamµP. Ruland Town of Southold i Councilman mm Present Jill Doherty Town of Southold ! Councilwoman Present Louisa P. Evans I Town of Southold Justice Present Scott A. Russell ; Town of Southold Supervisor , Present Elizabeth A.Neville ' Town of Southold = Town Clerk ; Present William M Duffy Town of Southold 1 1 Present I. Reports 1. Planning Department Monthly Report 2. Zoning Board of Appeals Monthly Report 3. Recreation Department Monthly Report 4. Program for the Disabled 5. Trustees Monthly Report 6. Solid Waste District Monthly Reports Southold Town Regular Board Meeting page 2 September 22, 2015 II. Public Notice III. Communications IV. Discussion 1. 9:00 AM Chief Flatley & Lloyd Reisenberg 2. 9:15 AM Leanne Reilly 3. 9:30 AM Jeff Standish 4. Oysterponds UFSD , 5. NYS Assembly Standing Committee 6. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:44AM for the purpose of discussing the following matters: Proposed Property Acquisition, Publicity of Which Would Substantially Affect the Value Thereof-11:00 AM-Melissa Spiro, Land Preservation Labor: Matters Involving Employment of Particular Person(s) RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr,Ruland, Doherty,Evans, Russell 7. EXECUTIVE SESSION-Proposed Property Acquisition,Publicity of Which Would Substantially Affect the Value Thereof • 8. EXECUTIVE SESSION -Labor 9. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:06PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 10. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 12:06 PM until the Regular 4:30 PM Meeting of the Southold Town Board. Southold Town Regular Board Meeting page 3 September 22, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Special Presentation Southold Town 375Th Anniversary Committee—Presentation of Quilt to the Town Board SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. What I am going to do at this time is I am going to invite anybody that would like to discuss any of the agenda items to feel free. We do have a public hearing scheduled for tonight, so if that's the issue you want to comment on, I would just ask you to wait until we adjourn and then go into the public hearing. In the meantime, on any of the other agenda items, please feel free? (No response). What I would like to do know if invite the Southold Town's 375th Anniversary Committee up, who have a presentation to make. I am going to ask you all to please come up and introduce yourselves to the audience. 375th ANNIVERSARY COMMITTEE: Herb Adler, Chair of the Committee and Tippy Case. MR. ADLER: The lovely quilt that we wanted to give to the town, the quilters offered to do this and I think the symbolism can best be described by Tippy. TIPPY CASE: We were commissioned by the Southold Historical Society to make a quilt for the anniversary celebration, so my friends at North Fork Quilters, there are 18 of us and everybody had a piece of this quilt to do. We tried to depict things that we associate with Southold, so we have our new gift, grapes. Our history is the lighthouse, gifts of the sea the shellfish and finfish, gifts of the earth, the corn. Strawberries and potatoes and the map of Southold. And then there are the little tiny things, like vacations and activities and pumpkins and the Long Island duck. TOWN BOARD MEMBERS: Thank you. SUPERVISOR RUSSELL: I just want to thank you very much and I want to assure you that it is going to be displayed prominently right here in Southold Town Hall. Thank you very much. Do we have anyone that would like to comment on any of the agenda items? (No response) Southold Town Regular Board Meeting page 4 September 22, 2015 Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 16, 2015 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosio T---_--_ —_ Seconder_---it--LL- "`__-.0__ _ .O -. ; ----b---------O.____ Q Accepted James Drum Jr Voter Q ' D D ❑ ❑ Accepted as Amended William P Rulan_dVoter Q ❑ 0 0 __ _ ❑ Tabled Jill Doherty Voter Q 0 _ ' ❑ ❑ Louisa P Evans Mover Q 0 0 0 Scott A.Russellµ Voter Q 0 ❑ 0 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 30, 2015 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosto Seconder El 0 0 0 El Accepted James Dinizio JrVoter El 0 0 ❑ ElAcce ted as Amended . .. -_...__._.-_.-_ .,.._. ___-.- _-____._ _._ _ - ._ ..- P William P Ruland Voter Q ❑ ❑ ❑ O Tabled - _ ----- _ _ _ _- Jill Doherty Voter Q 0 0 0 Louisa P Evans _ Mover >____ E 0 0 0 Scott A Russell Voter Q ❑ 0 ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,July 14,2015 i Vote Record-Motion Yes/Aye No/Nay Abstain ' Absent Robert Ghosto _Seconder El 0 0 0 El Accepted James Dmizio Jr Voter El 0 9 0 0 ❑ Accepted as Amended ----- -- --- - — --- P William P Ruland Voter Q 0 0 ❑ ❑ Tabled ------------ - -- - ---->-- ---------- ->__- - ------>-- ------ - Jill Doherty-„_^___-__—� -Voter___1_ ___0_ _0___.' _,.D_____-__—0——__ Louisa'P.—Evans Mover ' _ Q ❑ ❑ ❑ Scott A Russell Voter ' El 0 0 ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,July 28,2015 ✓Vote Record-Motion 1 Yes/Aye No/Nay ' Abstain ' Absent Robert Ghosio ' Seconder El 0 0 0 _� _ ___ __ __ _,.. _ ____ _ _ __.- ___-____.__ .______-- _Q Accepted James Dmizio Jr ' Voter ' ❑ ❑ ❑ ❑ Accepted as Amended William P Ruland Voter _El ❑ 0 0 ❑ Tabled Jill Doherty VoterQ 0 0 _ _ _ 0 _ Louisa P.Evans Mover ; El 0 0 0 _ ._-. , _- Scott ARussell Voter El_.. -__ 0 _. .. 0 O_._ V. Resolutions 2015-792 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Regular Board Meeting page 5 September 22, 2015 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 22,2015. ✓Vote Record-Resolution RES-2015-792 E Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Robert Ghosio ' Seconder E ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr , Voter El ❑ 0 1 0 ❑ Tax Receiver's Appt William P Ruland Voter El 0 0 ❑ 0 Rescinded Jill Doherty ' Voter E ❑ 0 0 0 Town Clerk's Appt Louisa P Evans Mover El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 0 ❑ No Action ❑ Lost 2015-793 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 6, 2015 at the Southold Town Hall, Southold,New York at 7:30 P. M. ✓Vote Record-Resolution RES-2015-793 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain ' Absent ❑ Tabled El Withdrawn Robert Ghosio Seconder E 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr ; Voter E ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland I Voter E ❑ 0 0 0 Rescinded Jill Doherty Voter El 0 ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Mover _ E ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ' Voter E 0 0 0 O No Action ❑ Lost 2015-794 CATEGORY:: Close/Use Town Roads Southold Town Regular Board Meeting page 6 September 22, 2015 DEPARTMENT: Town Clerk Cutchogue Fire Department's Stuff the Sleigh 5K Financial Impact: Police Department cost =$378.04 RESOLVED that the Town Board of the Town of Southold hereby grants permission to hold its the Cutchogue Fire Department to use the following route: New Suffolk Road, Grathwohl Road, Fanning Road, 5th Street, King Street, 4th Street, and Orchard Street for its Annual Sleigh 5K in Cutchogue, on December 13, 2015 beginning at 9:00 AM, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2015-794 O Adopted ❑ Adopted as Amended ❑ Defeated —Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn Robert Ghosio Voter El 0 0 0 - ❑ Supervisor's Appt Tames Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder 0 ❑ 0 0 ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 ❑ ❑ ❑ No Action ❑ Lost - - - - --- - - - - - - - --- --- - -2015-795 CATEGORY: Sega DEPARTMENT: Planning Board Seqr Ll/ RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ✓Vote Record-Resolution RES-2015-795 0 Adopted - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ 0 Withdrawn William P Ruland Seconder 0 ❑ ❑ ❑ Southold Town Regular Board Meeting page 7 September 22, 2015 ❑ Supervisor's Appt Jill Doherty Mover E 0 ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter El 0 0 I 0 ❑ Town Clerk's Appt _ _ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-796 Tabled 9/8/2015 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL in Re:Aquaculture WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280,Zoning,in connection with Aquaculture Uses"; 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 will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. Southold Town Regular Board Meeting page 8 September 22, 2015 II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this Chapter, the terms used herein are defined as follows: Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). • is _ A '.- _ '.- he cultivation,planting, containment or harvesting of • - •-. - , . . .. - -ed., and the installation of cribs, racks and in water structures for cultivating such products. , but excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. Southold Town Regular Board Meeting page 9 September 22, 2015 (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (171 Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. Southold Town Regular Board Meeting page 10 September 22, 2015 (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2015-796 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn RobertGhosio Voter lll7 O___.._ LI Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover El ❑ 0 ❑ ❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter E ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Statement regarding resolution 796 SUPERVISOR RUSSELL: Yes. I just want to comment quickly on this. I think that what we have is a situation where Southold's agricultural industry is evolving. This is completely consistent with that. I think that some people have expressed some reservations, we concluded those reservations and accommodated for them in the code that's being proposed. We have mitigated all impacts by limiting the site and zoning opportunities. We required site plan issues, setback issues. It would have no impact on residential communities. I also think that people need to start asking if we support local business? Where do we think local business is going to come from? If not but for agriculture. Also, I want to ask people where do we think the jobs are going to come from if not from small business? So I vote yes. 2015-797 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Records Management Budget Modification Financial Impact: Southold Town Regular Board Meeting page 11 September 22, 2015 $1,534.00 is needed for the RIO LSAP costs for the fie (5) added licenses General Code comped to us. The money will be moved from A.1460.4.400.600 Records Management, Contracted Services, Equipment Maintenance and Repsirs into the IT Laserfiche Maintenance A.1680.400.600 budget line. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund 2015 budget as follows: From: A.1460.4.400.600 Records Management Contracted Services Equipment Maintenance and Repairs $1,534 Total $1,534 To: A.1680.4.400.600 Central Data Processing Laserfiche Maintenance $1,534 Total $1,534 ✓Vote Record-Resolution RES-2015-797 ll Adopted ❑ Adopted as Amended ❑ Defeated - -- Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn Robert Ghosio Seconder E1 0 ❑ 0 Supervisor's Appt James Thrum Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El 0 0 ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-798 CATEGORY: Budget Modification DEPARTMENT: Supervisor Budget Modification -Supervisor Financial Impact: To appropriate money for Narrow River Wetland Restoration Supplies RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1989.1.100.200 Land Management Overtime Earnings $400.00 Southold Town Regular Board Meeting page 12 September 22, 2015 Total $400.00 To: A.1220.4.600.200 Supervisor Meetings & Seminars $400.00 Total $400.00 ✓Vote Record-Resolution RES-2015-798 El Adopted 0 Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover ll 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 0 0 _ William P Ruland Voter El 0 ❑ Tax Receiver's Appt ❑ ❑ ❑ Rescinded Jill Doherty Voter EL ❑ ❑ ❑ Town Clerk's Appt , Louisa P Evans Seconder ll ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ll ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-799 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Conference:LI APA 2015 East End Planning Conference RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2015- 776 adopted at the September 8, 2015 meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terry, Principal Planner, Brian Cummings, Planner, Alyxandra Sabatino, Planner, and James H. Rich III,Planning Board Vice-Chairman to attend the LI APA 2015 East End Planning Conference at The Stony Brook University School of Marine and Atmospheric Sciences in Southampton on September 24, 2015. All expenses for registration to be a legal charge to the 2015 Planningbudget and the travel cost will be a Town Vehicle. ✓Vote Record-Resolution RES-2015-799 El Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent O Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ O Tabled James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter El ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder. CEJ ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 21 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ 0 0 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Regular Board Meeting page 13 September 22, 2015 ❑ No Action ❑ Lost 2015-800 CATEGORY: Budget Modification DEPARTMENT: Public Works Katinka Roof Project Financial Impact: Funds for roof and fascia repair/replacement RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Buildings & Grounds budget in the General Fund Whole Town as follows: From: A.1620.4.400.300 Dredging Goldsmiths Inlet $17,200 To: A.1620.4.400.100 Building Maintenance &Repairs $17,200 ✓Vote Record-Resolution RES-2015-800 li Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter l ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter lI ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder ll ❑ 0 0 ❑ Rescinded Jill Doherty Mover ' CT ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ' l ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ 0 0 ❑ ❑ No Action ❑ Lost 2015-801 CATEGORY: Policies DEPARTMENT: Special Projects Coordinator Housing Programs Policy&Procedure Southold Town Regular Board Meeting page 14 September 22, 2015 RESOLVED the Town Board of the Town of Southold hereby adopts the revised Town of Southold Housing Programs Policies and Procedures dated July 2015. ✓Vote Record-Resolution RES-2015-801 11 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent _❑ Tabled ' ❑ WithdrawnRobert Ghosio Voter ll 1 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 1 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover Q 0 0 0 ❑ Rescinded Jill Doherty Seconder El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans , Voter , El ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost . 2015-802 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Oysterponds School District-Life of Peconic Bay RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds School District to place a porta-potty in the area of the Town Ramp located on Narrow River Road, Orient for the day of October 23, 2015. ✓Vote Record-Resolution RES-2015-802 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye I No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter RI ❑ 0 0 ❑ Tax Receiver's Appt William P.Ruland Voter - El 0 0 0 ❑ Rescinded Jill Doherty Voter El I 0 0 ❑ o Town Clerk's Appt Louisa P Evans Mover El 0 ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter 0 0 ❑ 0 ❑ No Action ❑ Lost 2015-803 CATEGORY: Employment-FIFD Southold Town Regular Board Meeting page 15 September 22, 2015 DEPARTMENT: Accounting Appoint David Denison Part Time Laborer RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 14, 2015 that reclassifies David Denison to the position of part time Laborer effective September 16, 2015 at a rate of$10.77 per hour. ✓Vote Record-Resolution RES-2015-803 ECJ Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled o WithdrawnRobert Ghosio Mover El 0 0 ❑ El Supervisor's Appt James Dinizio Jr Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Rescinded - Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ 0 o Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-804 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Approves Voluntary Resignations RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 14, 2015 that approves the voluntary resignations of Paul Foley, Anthony Long, Scott Fenton, Brian Busse and Jason Marks effective September 1, 2015. ✓Vote Record-Resolution RES-2015-804 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter El 0 ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover ; El 0 ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter El ❑ 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter El 0 0 0 ❑ Rescinded Louisa P Evans Seconder El 0 ❑ 0 ❑ Town Clerk's Appt Scott A Russell Voter El 0 0 0 O Supt Hgwys Appt ❑ No Action O Lost Southold Town Regular Board Meeting page 16 September 22, 2015 2015-805 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Approves Voluntary Resignation-Justin Carlson RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 14, 2015 that approves the voluntary resignation of Justin Carlson effective September 7, 2015. ✓Vote Record-Resolution RES-2015-805 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - - ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ , 0 ❑ Supervisor's Appt James Dinizio Jr Voter E 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder 0 ❑ ❑ 0 ❑ Rescinded Jill Doherty i Mover D 0 ' 0 0 0 Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ 0 Supt Hgwys Appt Scott A Russell ' Voter ❑ 0 0 ❑ O No Action O Lost 2015-806 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint Part Time Deckhands RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 14, 2015 that appoints Steven Conary, Ryan Jennette and Colin Orlinski to the position of part-time Deckhands with a starting rate of$10.77 per hour effective September 16, 2015. ✓Vote Record-Resolution RES-2015-806 El Adopted Yes/Aye No/Nay , Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 21 0 0 ❑ O Tabled William P Ruland Mover E ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El 0 ❑ ❑ o Supervisor's Appt Louisa P.Evans Seconder EL 0 0 0 Southold Town Regular Board Meeting page 17 September 22, 2015 ❑ Tax Receiver's Appt Scott A Russell Voter l 0 0 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-807 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint Purser-Jeffrey Nossek RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 14, 2015 that appoints Jeffrey Nossek to the position of part-time Purser at a rate of$10.77 per hour effective September 16, 2015. ✓Vote Record-Resolution RES-2015-807 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder ll 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter Il_ 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter El ; 0 0 0 0 Town Clerk's Appt Louisa P Evans Mover , El ❑ 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-808 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint Part Time Call-In Deckhands RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 16, 2015 that appoints Leo Pelletier and Nathan White to the position of part time call-in Deckhands with a starting rate of $10.77 per hour effective September 16, 2015. Southold Town Regular Board Meeting page 18 September 22, 2015 ✓Vote Record-Resolution RES-2015-808 El Adopted ❑ Adopted as Amended ID Defeated Yes/Aye No/Nay Abstain 1 Absent ❑ Tabled - -- - . - - -- ❑ Withdrawn Robert Ghosio Mover , El 0 0 I 0 ❑ Supervisor's Appt James Dinizio Jr ' Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter El 0 0 0 ❑ Rescinded Jill Doherty ' Voter El 0 0 ❑ o Town Clerk's Appt Louisa P Evans Seconder El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action O Lost 2015-809 CATEGORY: Employment-FIFD DEPARTMENT:: Accounting Appoint Part Time Call-In Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 14, 2015 that appoints Jessica Grote to the position of part time call-in Clerk with a starting rate of$10.77 per hour effective September 16, 2015. ✓Vote Record-Resolution RES-2015-809 ❑ Adopted El Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain ' Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 0 I 0 ❑ Supervisor's Appt James Dinizio Jr Mover Er 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder 0 ❑ ❑ 0 O Rescinded Jill Doherty Voter El 0 0 0 0 Town Clerk's Appt Louisa P.Evans Voter El 0 0 0 ❑ Supt Hgwys Appt Scott A.Russell _ Voter Q 0 0 0 ❑ No Action ❑ Lost 2015-810 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Southold Town Regular Board Meeting page 19 September 22, 2015 Appoint Bennett Krueger Full Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 14, 2015 that appoints Bennett Krueger to the position of full time Deckhand effective September 16, 2015 at a rate of$14.64 per hour. ✓Vote Record-Resolution RES-2015-810 El Adopted ❑ Adopted as Amended ❑ Defeated "- " " "" "" - Yes/Aye No/Nay Abstain Absent ❑ Tabled _._ Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder E ❑ ❑ ❑ ❑ Rescmded Jill Doherty Mover E ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El 0 0 0 o Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action O Lost 2015-811 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint Andrew Viens Part Time Deckhands RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 14, 2015 that appoints Andrew Viens to the position of part time Deckhand at a rate of$10.77 per hour effective September 16, 2015. I Vote Record-Resolution RES-2015-811 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled - ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover El ❑ ❑ 0 ❑ Rescmded Jill Doherty Voter 0 0 ❑ ❑ o Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action O Lost Southold Town Regular Board Meeting page 20 September 22, 2015 2015-812 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$250.00 to the following: Name Date Received Cornell Cooperative Extension 7/14/15 Of Suffolk County 423 Griffing Avenue, Suite 100 Riverhead,NY 11901 Southold Boy Scout Troop#6 6/19/15 Po Box 67 Peconic,NY 11958 North Fork Reform Synagogue 6/9/15 do Ellen Zimmerman PO Box 105 East Marion,NY 11939 Alzheimers Disease Resource Center Inc 2/23/15 45 Park Avenue Bayshore,NY 11705 E. J. Flynn 6/19/15 2350 Boisseau Avenue Southold NY 11971 Dan?s Papers Holdings LLC ' 7/13/15 Harvest East End 158 County Road 39 Southampton,NY 11968 Southold Town Regular Board Meeting page 21 September 22, 2015 Cutchogue Fire Department 7/17/15 Chicken BBQ 260 New Suffolk Road Cutchogue, NY 11935 ✓Vote Record-Resolution RES-2015-812 El Adopted - - -- — - - - ❑ Adopted as Amended ❑ Defeated Yes/Aye , No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn Robert Ghosio Seconder, 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter El 0 0 1 0 ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover El 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-813 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Increase Salary of Diane Hansen RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 14 2015 that increases the salary of Diane Hansen, full time Secretary, to $26.75 per hour effective October 1, 2015. I Vote Record-Resolution RES-2015-813 El Adopted ❑ Adopted as Amended 0 Defeated ' Yes/Aye No/Nay Abstain i Absent ❑ Tabled _ __ _ _._ _ ❑ Withdrawn Robert Ghosio Mover El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ o Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter E 0 0 0 ❑ No Action ❑ Lost Southold Town Regular Board Meeting page 22 September 22, 2015 2015-814 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Conference:Peconic Estuary Call to Action Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terry, Principal Planner, to attend the Peconic Estuary annual Call to Action Conference at Atlantis in Riverhead,NY on September 22, 2015. There are no expenses for registration and the travel cost will be a Town Vehicle. ✓Vote Record-Resolution RES-2015-814 Il Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain 1 Absent O Tabled _ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El 0 ❑ ❑ ❑ Rescinded Jill Doherty Seconder El 0 0 0 0 Town Clerk's Appt Louisa P Evans ' Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 0 ❑ No Action ❑ Lost 2015-815 CATEGORY: Misc. Public Hearing DEPARTMENT: Special Projects Coordinator Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESOLVED that the Town Board of the Town of Southold hereby sets 4:32 PM, Tuesday, October 20,2015, Southold Town Hall, 53095 Main Road, Southold,New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $49,164.00 in Community Development Block Grant funds the Town of Southold expects to receive in April 2016 and authorizes the Town Clerk to publish an"Announcement of Public Hearing Notice". ✓Vote Record-Resolution RES-2015-815 El Adopted ' Yes/Aye No/Nay ' Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter E 0 _ ❑ _ ❑ 0 Defeated James Dinizio Jr Voter LSI 0 0 0 ❑ Tabled William P Ruland Seconder El 0 0 0 ❑ Withdrawn Jill Doherty Mover 0 0 ❑ 0 O Supervisor's Appt Louisa P Evans Voter El 0 0 0 Southold Town Regular Board Meeting page 23 September 22, 2015 ❑ Tax Receiver's Appt Scott A.Russell Voter El 0 0 0 O Rescinded O Town Clerk's Appt ❑ Supt Hgwys Appt O No Action ❑ Lost 2015-816 CATEGORY: Attend Seminar DEPARTMENT: Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Inspector Gary Fish, Fire Marshall Robert Fisher and Building Permits Examiner Damon Rallis to attend a seminar on Asbestos Awareness and Fire Awareness in Quogue,New York, on November 10, 2015. All expenses for registration and travel to be a legal charge to the 2015 Building Department budget (meetings and seminars). ✓Vote Record-Resolution RES-2015-816 El Adopted ❑ Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - -- ❑ Withdrawn Robert Ghosio Voter Cl 0 0 i 0 ❑ Supervisor's Appt James Dmizro Jr Voter El 0 ❑ 0 ❑ Tax Receiver's Appt William P Ruland Mover El 0 0 0 ❑ Rescinded Jill Doherty Voter El 0 0 0 • ❑ Town Clerk's Appt Louisa P.Evans Seconder El 0 0 ; 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 0 ❑ No Action ❑ Lost 2015-817 CATEGORY: Consulting DEPARTMENT: Solid Waste Management District Local Solid Waste Mgnit Plan RFP RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Solid Waste Coordinator to issue a Request for Proposals for the renewal of the Town's Southold Town Regular Board Meeting page 24 September 22, 2015 Local Solid Waste Management Plan (LSWMP)to qualified firms, as per the Town's procurement policy and pursuant to New York State DEC regulations, subject to the approval of the Town Attorney. I Vote Record-Resolution RES-2015-817 El Adopted ❑ Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — ❑ Withdrawn Robert Ghosio Seconder El 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter _ 2 0 ❑ I ❑ o Rescinded Jill Doherty Voter 2 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ' Mover_ 0 ❑ ❑ i ❑ o Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-818 CATEGORY: Grants DEPARTMENT: Justice Court Submit Grant Request-Justice Court RESOLVED that the Town Board of the Town of Southold hereby authorizes the Justice Court to submit a grant application to the New York State Unified Court System requesting a grant not to exceed$30,000.00,the maximum amount available, for the purchase of specific court related items. I Vote Record-Resolution RES-2015-818 O Adopted O Adopted as Amended ❑ Defeated - Yes/Aye No/Nay ' Abstain Absent ❑ Tabled = ID Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter _ El 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter - 0 0 0 0 o Town Clerk's Appt Louisa P.Evans Seconder_ El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter _ p ❑ ❑ ❑ o No Action O Lost Southold Town Regular Board Meeting page 25 September 22, 2015 2015-819 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2015 Budget Modification-Highway Financial Impact: To cover over-expeditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Highway Fund Part Town budget as follows: From: DB.5140.4.600.500 Inoculations 1,000.00 DB.5140.4.600.700 Licenses 1,000.00 DB.5110.4.100.960 Drain pipe/rings 8,193.00 Total 10,193.00 To: DB.5110.4.100.905 Asphalt Patch 3,492.00 DB.5130.4.400.300 Equipment rentals (FI) 4,770.00 DB.5140.4.100.100 Office Supplies 331.00 DB.5140.4.600.300 Travel (FI) 1,000.00 DB.5142.4.100.100 Misc. Supplies 600.00 Total 10,193.00 ✓Vote Record-Resolution RES-2015-819 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - —--- ---- - ❑ Withdrawn Robert Ghosio Voter I El ❑ 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El 0 0 ❑ OTax Receiver's Appt William P Ruland _, Voter 0 ❑ ❑ ❑ CI Rescinded Jill Doherty Seconder E ' ❑ ❑ ❑ El Town Clerk's Appt Louisa P Evans Voter ! El ❑ 0 0 o Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action ❑ Lost 2015-820 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Accounting Authorize Supervisor&Deputy Supervisor to Execute Documents Southold Town Regular Board Meeting page 26 September 22, 2015 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Supervisor and Deputy Supervisor to execute the documents needed to establish a banking relationship with Empire National Bank, said documents subject to review and approval by the Town Attorney. ✓Vote Record-Resolution RES-2015-820 Adopted O Adopted as Amended ❑ Defeated " " " Yes/Aye No/Nay Abstain Absent ❑ Tabled - - Robert Ghosio Voter El ❑ 0 0 ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter l l ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder ll ❑ ❑ I ❑ ❑ Rescinded Jill Doherty Mover ll ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter _ Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter _ 0 ❑ ❑ ❑ 0 No Action ❑ Lost 2015-821 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Sand for Sale Bid Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bid, furnishing all laborer, material and equipment required to remove the following material within 15 business days from bid award at the Town of Southold Highway, 275 Peconic Lane,Peconic,NY 11958. Street sweepings as an aggregate has been allowed pursuant to the pre-determined BUD in 6 NYCRR 360-1.15(b) (11) as uncontaminated aggregate,provided that all trash and other debris have been screened out. The above mentioned material is and can only be used for Fill material under 360-1.15(b) (11) Lump sum price for approximately 4,000 cubic yards of uncontaminated screened street sweeping aggregate (Material can be viewed at the Southold Town Highway yard, 275 Peconic Lane, Peconic NY 11958) ✓Vote Record-Resolution RES-2015-821 El Adopted _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter _ El 0 0 0 O Defeated James Dinizio Jr Voter E 0 0 0 O Tabled William P Ruland Mover El 0 0 0 Southold Town Regular Board Meeting page 27 September 22, 2015 ❑ Withdrawn Jill Doherty Voter E ❑ ❑ 0 ❑ Supervisor's Appt Louisa P Evans ' Seconder El 0 ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter E ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt O No Action ❑ Lost 2015-822 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Advertise Used Computer for Sale RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for sale miscellaneous computer equipment. List to be provided by the IT Department. ✓Vote Record-Resolution RES-2015-822 El Adopted ❑ Adopted as Amended O Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter E ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter E 0 0 0 ❑ Rescinded Jill Doherty Voter E ❑ 0 0 ❑ Town Clerk's Appt Louisa P Evans Mover E 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter E ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-823 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint Catherine Kreshon Senior Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Catherine A. Kreshon to the position of full-time Senior Clerk Typist for the Assessors Office effective September 23, 2015 at a rate of$47,323.90 per year. Southold Town Regular Board Meeting page 28 September 22, 2015 ✓Vote Record-Resolution RES-2015-823 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled = ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ll ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland , Voter _ ll ❑ 0 ❑ 0 Rescinded Jill Doherty Voter _ l ❑ ❑ ❑ 0 Town Clerk's Appt Louisa P.Evans Seconder E1 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 0 0 ❑ ❑ No Action ❑ Lost 2015-824 CATEGORY: Budget Modification DEPARTMENT: Public Works Increase Police Department Generator Budget Financial Impact: Increase budget for PD generator RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 budget as follows: General Fund Whole Town From: A.1620.4.400.600 Buildings & Grounds, Equip Maint/Repairs $1,500 To: A.9901.9.000.100 Transfers to Capital Fund $1,500 Capital Fund: Increase Revenues: H.5031.12 Interfund Transfers $1,500 Increase Appropriations: H.1620.2.300.100 Emergency Generators $1,500 I Vote Record-Resolution RES-2015-824 El Adopted _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio J Voter _ 0 0 0 ❑ Defeated James Dinizio Jr ; Mover El ❑ 0 ❑ ❑ Tabled William P Ruland Voter 0 ❑ 0 0 ❑ Withdrawn Jill Doherty Voter Ll ❑ ❑ ❑ Southold Town Regular Board Meeting page 29 September 22, 2015 ❑ Supervisor's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter l 1 0 0 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-825 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept Bid for Police Dept Generator RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Commander Power System in the amount of$30,532 for the furnishing &installation of a new natural gas generator system for the Police Department as per the bid specifications, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-825 11 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ll ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 21 0 1 0 0 ❑ Tax Receiver's Appt William P.Ruland Seconder E ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 21 ❑ 0 ❑ o Town Clerk's Appt Louisa P.Evans Voter 0 0 0 ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-826 CATEGORY: Consulting DEPARTMENT: Engineering Energy Performance RFP for Town Facilities RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Engineering Department to issue a Request for Proposals for an Energy Performance Southold Town Regular Board Meeting page 30 September 22, 2015 Contract for Town Facilities to qualified firms, as per the Town's procurement policy, subject to the approval of the Town Attorney. . ✓Vote Record-Resolution RES-2015-826 O Adopted ❑ Adopted as Amended ❑ Defeated yes/Aye No/Nay Abstain Absent ❑ Tabled = Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter ' El ❑ ❑ 0 ❑ Tax Receiver's Appt William P Ruland Mover T 0 0 0 0 ❑ Rescinded Jill Doherty Voter - El ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ 0 ❑ No Action ❑ Lost 2015-827 CATEGORY: Budget Modification DEPARTMENT: Supervisor Budget Modification-Police Dept. Financial Impact: To Appropriate Money to Replace Live Scan Unit for Identification/Fingerprinting at Police Department. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $22,000.00 Total $22,000.00 To: A.3120.2.500.425 Live Scan Unit $22,000.00 Total $22,000.00 I Vote Record-Resolution RES-2015-827 El Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended - - -- Robert Ghosio Seconder 0 ❑ 0 ❑ O Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ O Tabled — William P Ruland Voter , 0 ❑ ❑ 0 ❑ Withdrawn LI Supervisor's Appt Jill Doherty , Voter El 0 0 ❑ ❑ Tax Receiver's Appt Louisa P Evans - ' Mover El 0 ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ ❑ 0 O Town Clerk's Appt Southold Town Regular Board Meeting page 31 September 22, 2015 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed AT 4:55 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell PH 9/22/15 @ 4:32 PM Pawlowski Change of Zone History: 09/22/15 Town Board ADJOURNED Next: 10/06/15 This public hearing is hereby declared adjourned at 7:09PM:and will be reconvened in two (2) weeks on October 6, 2015 at 7:32 PM. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, Paul Pawlowski, owner of property located at 9300 Main Road, Mattituck, identified as S.C.T.M. # 1000-122-7-9 (hereinafter referred to as the "subject property"), has applied pursuant to Southold Town Code §280-157 to the Town Board for a change of zone for a portion of the subject property from R-80 to General Business (B); and NOTICE IS HEREBY FURTHER GIVEN that the subject property is 20.8 acres and the request for the change of zone will only be applicable to 3.8 +/- acres thereof; and the concept plan for the development of the subject property includes 14,000 square feet of commercial space to be divided between five buildings orientated around a central green, 12 rent controlled two-bedroom accessory apartments to be located above the aforementioned commercial space, one open air pavilion (roof only, no walls) public gathering space, and the dedication of 17 +/- acres of land to the Town or other entity to be preserved, with 6 acres thereof to be reserved for sanitary flow; now, therefore, be it NOTICED that the Town Board of the Town of Southold is considering the change of zone application from Paul Pawlowski regarding a portion of the subject property from R-80 to General Business (B); and THAT the Town Board of the Town of Southold hereby requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP determinations; and Southold Town Regular Board Meeting page 32 September 22, 2015 THAT the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and BE IT NOTICED that pursuant to the requirements of Section 265 of the New York State 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 a portion of property identified on the Suffolk County Tax Map as Lot#1000-122-7-9 from R-80 to B" at Town Hall located at 53095 Main Road, Southold,New York, on the 22nd day of September, 2015 at 4:32 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten(10) days nor more than thirty (30) days prior to such hearing. The proposed public hearing tonight is to receive public comment on the change of zone application of Paul Pawlowski, for a change of zone on a portion of the subject property from R- 80 to General Business, B. The subject property is located at 9300 Main Road Mattituck and is identified as SCTM # 1000-122-7-9. The subject property is 20.8 acres and the request for the change of zone will be applicable to 3.8+/- acres thereof. The concept plan for the development of the subject property includes 14,000 square feet of commercial space to be divided between five buildings orientated around a central green, 12 rent controlled 2 bedroom accessory apartments to be located above the afore mentioned commercial space, one open air pavilion (roof only, no walls)public gathering space and the dedication of 17 +1- acres of land to the town or other entity to be preserved with 6 acres thereof to be reserved for sanitary flow. I do have here an affidavit that this has been duly noticed on the Town Clerk's bulletin board here in Town Hall. I also have notice,here that this hearing has been advertised in the Suffolk Times. I have a memorandum from the chairman of the Planning Board, "The Planning Board has reviewed this petition of change of zone application and the concept plan submitted to the Town Board by Paul Pawlowski, the landowner of the property. The concept plan includes 14,000 square feet of commercial space, 12 rent controlled accessory apartments, an open pavilion and dedication of 17 acres of land. In a March 31st letter to the Town Board, the Planning Board conditionally supported the concept based on the fact that the proposal addresses many challenges that the town has faced with the creation of jobs, business and housing opportunities, preservation of open space and environmental protection. The unanimous position of the Board has changed and support is now divided. There are concerns about the potential adverse impacts of the proposal on adjacent property owners, the environment, traffic and water quality and how the change of zone could affect the occupancy and economy of existing commercial areas of Mattituck. These potential adverse impacts must be thoroughly examined if the petition proceeds." I have a memorandum from the Planning Board, "The Planning Board has reviewed the request to perform SEQRA and LWRP reviews for the petition of change of zone application. This Planning Board recommends the following process in the event that the Town Board decides to continue with the change of zone following the public hearing. One, that the Town Board take lead agency for the action and two, that once lead agency is established, it is recommended that a consultant firm is hired to review the full environmental assessment form for completeness and make a recommendation of determination of significance to the Town Board and to repair the required paperwork based on the determination. The Planning Board will be an involved agency Southold Town Regular Board Meeting page 33 September 22, 2015 for the action and LWRP, CCR (coastal consistency review) will be conducted concurrent with the SEQRA review necessary." A letter from the Suffolk County Department of Economic Development and Planning, "That this is a matter to be considered for local determination and there is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or a disapproval." And I do have here in the file, seven letters in opposition to the change of zone application which with the Board's permission"I will include as part of the record. And that is it. SUPERVISOR RUSSELL: Okay, I am going to invite anybody that would like to comment on this particular local law to come on up. BILL TOEDTER: Bill Toedter, speaking on behalf of the North Fork Environmental Council. Tonight I want to share some thoughts about the Pawlowski proposal and what it means to Mattituck specifically and to Southold in general. First of all, I want to be clear that my comments are about the project and not Mr. Pawlowski personally. While I don't know him, I do want to say that his willingness to be an active part in the public process and debate, instead of having someone speak for him has been refreshing and appreciated. He has listened to the communities thoughts, both here and in meetings with the Town Board and Planning Board, as well as participating in informational meetings held by the Mattituck-Laurel Civic Association. I respect that personal hands on approach and it should be commended. 'We need more of that in this town and I hope others that are looking to get changes in zoning, variances or community buy ins on new ideas will pursue the course Mr. Pawlowski has followed. With respect to the project application for zone change before the Town Board, I want to express the concernsof the NFEC; its Board and its members. For not just the proposed project but the changing natures of such applications in the town, as many of you know, this is not Mr. Pawlowski's first effort to develop something other than what is acceptable in the R-80 zone in which his property sits. His first proposal was to rezone the property for affordable housing and to build 80 such units along with community wastewater treatment system. The Town rightfully said that this would neither be right for the hamlet or acceptable in its scope and suggested a reduction in units to maybe 40. Mr. Pawlowski didn't like that option so much so that he took the community wastewater treatment option off the table. Again, not acceptable. The next stop was this stop. A request to rezone the property to business, build five campus style commercial units and 12 apartments on the second floor, while not formally an affordable housing zone, would be priced-and managed as such. All of this with a traditional septic system but with an inducement to the town of giving about 16, 17 acres of woodland and to build and maintain a public pavilion. Mr. Pawlowski has pitched this project as being a benefit to the hamlet, good for the town. Supposedly the commercial spaces will provide needed high-paying jobs. The apartments will provide needed housing for lower income families, working families. Although the second floor units are not viable options for senior citizens. The pavilion will provide a needed venue for public events and the wooded acreage would maintain a privacy buffer for adjacent properties. While Mr. Pawlowski pitches the benefits, the Town must be honest about the costs associated with this project. One such cost is of declining quality of our ground and surface waters. Despite claims to the contrary, the difference between wastewater generated by the seven to nine homes which could be built on the property as currently zoned versus the proposed five commercial spaces with employees, with customers and dozens of visitors for public events in the pavilion, along Southold Town Regular Board Meeting page 34 September 22, 2015 with 12 apartments with at least 30 residents as well as a proposed cheese making store, then you have water usage and waste water generation that will further distress our ground and surface waters. In Southold, over 60 percent of all homes are in the zero to 2 year influent zone, meaning that what you flush today doesn't take years to get into the bays, into the creek, it takes months, if not weeks. So if you approve this proposal, what is the true cost to our ground and surface waters and what will be the costs of increased traffic in terms of more truck traffic, more overall congestion, more air pollution, more car, pedestrian and bicycle accidents and the need for more lights and a widened roadway for turning lanes. We have seen some of those costs in Riverhead. If you look of every hamlet east of the LIE, Route 25 goes through the heart of each hamlet's commercial area. Riverhead, Aquebogue, Jamesport, Laurel, Cutchogue, Southold, Greenport and East Marion are all walkable, the only exception is Mattituck. A hamlet that is bisected by a widened Main Road by the CVS and Waldbaums and again by Love Lane. You can't get safely from one side to the other because of the widened roads and turning lanes. And if you approve this proposal, you would be likely extending the need for a widened Main Road to the west. Is this a cost the hamlet is willing to bear? Commercially zoned properties are generally tax positives for a town because with the general exceptions of the hamlet center zones, they do not add adult residents to social services rolls, they do not add children to the school rolls and they generally have a lower demand on police and other emergency services. So with the added residential component to what is supposed to be a commercial property, is this a cost the town wishes to add to incur not only here but in other similarly zoned parcels elsewhere. And what about the cost of one hamlet bearing the brunt of right now another affordable housing project instead of such projects being spread out among the other hamlets as the Planning Department and other town officials have publicly stated as the goal? And what of the cost to the town of the donated land since land preservation committee already passed on that parcel and CPF funds won't be in play, once the land is given to the land and taken off the tax rolls, the town is on the hook to do some or all of the following: clean up the land, develop a management plan, develop the promised passive recreation infrastructure and maintain the property. Is that a cost and responsibility the town needs to take on at this time? The donation of the land assigns both benefits and costs to the town while Mr. Pawlowski only reaps benefits. From hamlet presentations, we know the current density in Mattituck is about one half unit per acre or one unit per two acres. Which coincidentally is the two acre zoning in place for this lot but in addition to the commercial buildings, this proposal of 12 apartments would increase the remaining four acres parcel density to three units per acre or 600 percent increase over the current hamlet figure, a significant cost to the composition of the hamlet. Is that figure something the Town is comfortable with here and elsewhere moving forward? And what of the cost to the character of the hamlet? Are we ready to throw away the `Welcome to Mattituck' sign which now sits on the property in exchange for a sign that might say `Don't cut the cheese, we'll do it for you'. With benefits there are costs and we need, we deserve as taxpayers, an honest and comprehensive review and evaluation of both sides of the coin. Now, I am not an idealist. I realize that Mr. Pawlowski and other property owners have the right to develop their properties but that right extends to the existing zoning of the property. It is not this Town's responsibility to change zoning, to abandon the intent of the comprehensive plan, in order to make a business proposition viable or more profitable. Let's be honest, Mr. Pawlowski is a businessman and his core interests are in maximizing his return on his investment, either today or down the road. And because commercially zoned properties are generally more valuable because they are more Southold Town Regular Board Meeting page 35 September 22, 2015 profitable than residentially zoned properties, is the requested change in zone a greater benefit to Mr. Pawlowski's interests or the town's? So again, we need objectivity and honesty in these answers. Again, I am not an idealist, I realize that the current stand of 20 acres of woodland will, in one way or another, not be there forever. But the NFEC would rather see a well thought out plan, perhaps for those 7-9 homes and their lesser impact on the environment, a plan that may very well maintain the visual appeal of the property by keeping most of those trees along the road, than to see more hamlet and commercial sprawl. Maybe Mr. Pawlowski can't make as much profit on such a venture but maybe the benefits and costs of such a project would be more evenly and fairly borne by the whole community instead of being so far out of balance. These are the questions we must pose and answer, in this and in other cases currently before you and those to come in the future. But I would be remiss if I didn't add this to the discussion. All too often, this Town steers the discussion of projects like this to the topics of local economic environment, the local housingenvironment, the local employment environment. These are all valid areas of quantitative discussion and concern. But all too often, this Town doesn't want to deal with more qualitative, yet equally important 'discussion and concern about the plain old environment. It needs to before it's too late. As I noted before, this is not a personal attack on Mr. Pawlowski or his ideas. But it is a frank discussion about the critical issues facing this town more and more each day. -I know that the Town understands the critical nature of our water situation but what are you willing to do about it, even if it means flexing the Town's right to go above and beyond what the County's minimum and antiquated Health Department standards on wastewater treatment? If we keep passing the buck and keep saying `It's not our job' we are knowingly setting up ourselves for failure. It's our water. It is our job to do whatever we have' to do to protect it. The town, developers and builders alike have to understand this key point, it is going to cost more to build on Long Island in order to protect the quality and quantity of our water supplies. If a developer or builder wants to stand up here before you or the Planning Department to profess their desire to be a good neighbor and to bring benefits to the community, then they must offer, and the town must demand that they put in place high-tech nitrogen reduction and if appropriate, treated water re-use systems. The NFEC asked Peconic Landing to do the right thing and put in a community system for its recent expansion to reduce the amount of treated fresh water being pumped into the Sound and to take some of its existing units off the antiquated septic tanks. It wanted to be a good neighbor but not enough to do that. The New Suffolk waterfront preservation group wanted to better serve its neighbors and community but when the NFEC and others asked the group to install a high tech system that would reduce nitrogen going into the Bay and help take neighbors like Legends Restaurant off of old septic systems, they didn't want to be that good of'a neighbor. And the Heritage project in Cutchogue is yet another example where being a good neighbor and bringing benefits to the community doesn't extend to putting 120 plus housing units on anything more than traditional, polluting septic rings. This business as usual can no longer be accepted by the Town. We are told of the benefits of all of these projects but we need, and we deserve and we demand as taxpayers, an honest and comprehensive review and evaluation of both sides of the coin. You know of these costs, particularly with regards to our waters. And you know that if we don't start addressing them now, the costs to address them in the future will be 10 times greater. These are the real costs we are facing and it's time for the developers like Mr. Pawlowski and others, to be a good neighbor and do what is right for the people and businesses of Southold who rely on clean water and make high-tech, nitrogen reducing wastewater treatment systems a minimum standard on all Southold Town Regular Board Meeting page 36 September 22, 2015 such projects. And if they don't want to start sharing in some of the costs of clean water, then we shouldn't be giving them any benefits. Then the Town should not be granting applications for rezoning or variances until they do. Thank you. SUPERVISOR RUSSELL: Thanks, Bill. Just as a point of clarification on the issue of alternative treatment systems, actually the Heritage, we actually did that. We told the contract vendee that he needed to install an alternative treatment system such as nitrex or one of those other systems, the problem is when you go the Department of Health, they said no you can't. so we have met with the Department of Health directly, what we call the Walters, the two gentlemen, they are making slow movements in embracing this technology but it's at a snail's pace as you know. It has been very frustrating. Who else would like to address the Town Board? JULIE AMPER: My name is Julie Amper, I live in Mattituck and I have some serious concerns and many questions about the proposed zone change. My questions begin with the very purchase of the property. Mr. Pawlowski stated on April 29, 2015 that he did not bother securing a yield plan since he always intended to apply for a zone change. Why would a savvy developer like Mr. Pawlowski spend $1,100,000., on the assumption this change would be granted, given the fact that in the past ten years, only two zone changes were approved in all of Southold Town? ' Surely he would have wanted some assurances, however formal or informal, from appropriate parties that the zone change was a real possibility. Since the only major zone change in the past ten years was made for the Cottages at Mattituck in the interests of creating affordable housing, I wonder if Mr. Pawlowski's meeting with the head of the Housing Advisory Committee so soon after closing on the property was just coincidental? While I was gratified by the September 1, 2015 memo from the Planning Board, indicating that at least one member of that board no longer supports the zone change, I have many questions about the original March 31, 2015 memo conditionally supporting it. In what seems to be an application of the draft chapters of the comprehensive plan that are selective at best and arbitrary,and capricious at worst, the memo cites some parts of the plan as justification for the change but ignores or overrides others. For example, in defending the zone change it discusses the compatibility of the surrounding uses but cites only commercial establishments: Capital One across the street, CVS and 7-11 down the road. What about the property's immediate neighbor to the west, a bucolic horse farm or the Sigsbee Avenue residential neighborhood right next door to the east? Just up the road is Laurel Links, an attractive similarly zoned R-80 development. Why aren't these properties considered compatible? The memo cites the economic chapter as well, claiming the project addresses the need to `reverse the brain drain through the attraction and retention of recent college graduates and young professionals to the town's diverse workforce.' When asked what commercial establishments might be located at the property, Mr. Pawlowski mentioned his wife's cheese factory and retail store and perhaps a fish market. I wonder how businesses like these will attract that demographic, particularly since similar existing businesses have frequent staffing issues. Will college graduates and young professionals really stick around to work in a cheese factory or fish store? Among other benefits mentioned in the memo are preservation of open spaces and environmental protection. I wonder if the view from Main Road of five new commercial buildings, two stories high and acres of parking lots with some woods hidden behind is what most of us think of as preserving an open space vista. I also wonder if the high-density impact of Southold Town Regular Board Meeting page 37 September 22, 2015 those twelve apartments and five commercial properties, along with those acres of parking lot is really more protective of the environment than eight single family homes. Another benefit mentioned is new small-business opportunities. But why build more commercial space when there is so much empty space already available in Mattituck? Look around, empty stores in Mattituck Plaza,the anchor store-Waldbaums, leaving in November, the empty Capital One bank building, Hudson City bank? Fewer children in our schools was another benefit mentioned. But children do live in apartments, too. If each house held three children and each apartment two children, the net result would be the same. However, I gather from our tax assessors' office that houses are assessed at their market value and apartments at their rental value only, so by and large, less money is generated for the schools from those apartments. In any case, enrollments are dropping in the district, so I don't think 24 new students would drain the system. Housing opportunities seemed to be the key benefit perceived. For example, the Planning Board memo cited chapters in the draft comprehensive plan which seek to `ensure the provision of various housing options for the town's ever growing senior population.' How many seniors would ppt for 2nd floor apartments with no elevators and no guaranteed parking spot outside their unit? Also cited in the memo is the need for affordable and workforce housing in general and I suspect this is perhaps the crux of the issue. The Planning Board admits that the proposal does not meet the guidelines set out in the draft comprehensive plan, yet it feels the overall need for workforce housing may well justify the zone change. But will these apartments actually be affordable? Mr. Pawlowski has stated repeatedly, in his appearance before the Town Board on April 21, 2015 and again at the Mattituck-Laurel Civic Association meeting on April 29, 2015 and in his full- page ad in the Suffolk Times, that 'to be clear, these are not government mandated affordable housing units, the apartments will be rented at market value, as rentals they would be affordable.' What's to prevent these units from being rented to affluent Manhattanites looking for an inexpensive pied-a-terre on the north fork? And even if covenants are attached to the deal assuring that these apartments will become part of Southold's affordable housing stock, I wonder why Mattituck has been designated as the sole provider of affordable housing stock for all of Southold Town? Why, foronly the second time in ten years is the Town considering a zone change and once again making that zone change in our hamlet? Ultimately, I think the biggest question is oneof trust, of faith in our leaders to uphold the policies and land use designations, the goals and objectives of the comprehensive plan. How does one developer's project, albeit one that contains a single carrot, the potential public benefit of addressing a town-wide need for affordable housing, how does this justify,a zone change and redrawn HALO zone for Mattituck? Why should this trump the 2005 hamlet study, the 2007-2008 Mattituck stakeholders initiative and the draft chapters of the comprehensive plan, all of which clearly and repeatedly state Mattituck residents desire to stem commercial sprawl, to limit residential development within the hamlet center and HALO zone and to create affordable housing either, in apartments above hamlet center storefronts or by adaptive reuse of existing structures. As the Planning Department works on the,land use chapter of the 2020 comprehensive plan, it is soliciting input from residents, asking them what they want their hamlets to be. My final question is why? Will our vision, our goals and objectives be honored? Will they be any more sacrosanct than the ones we've repeatedly expressed seem to be? Or will they too, be disregarded by future Town Boards eager to accommodate other developers seeking zone changes? I implore this Board to honor our vision for Mattituck and deny this zone change. Thank you. Southold Town Regular Board Meeting page 38 September 22, 2015 SUPERVISOR RUSSELL: Thank you. DAVE DERIDDER: My name is Dave DeRidder, I am a resident of Mattituck. I live on the Main Road and I am opposed to this project for a number of reasons. And as the gentleman from the North Fork Environmental Council pointed out, there are significant environmental impacts associated with these kinds or this project in particular. Our groundwater, surface waters are suffering. Shellfishing is down, air qualities is high, not high, the pollution is high and our quality of life seems to be going down because of development. I would like to read you a letter that I sent in response to a question as to why my wife and I are moving from Sayville, which is a nice little town, why are we moving out to Mattituck and this is dated October 2, 1993. And it said, as requested by you,'_I am writing to state the reasons why my wife and I wish to move to Mattituck from our'home of the last 30 years in Sayville, Long Island. Mattituck is located on the east end north fork of Long Island and being much farther from New York City, it is much less populated than where we now live. It took a number of years for the congestion, more people, industry, traffic, pollution, noise etc. to reach us in Sayville. We were there for 35 years and we notice a major change. We hope it will take forever, or at least many, many more years to reach Mattituck. Hopefully never. Simply put, we are seeking a place to live with an improved quality of living. Sincerely, Dave and Patricia DeRidder. Now for those very reasons, I started off like in Nassau County, we have been out here for 22 years, started in Nassau County, it was a little town of Albertson, called cow town. People had livestock, quarter acre property had pigs and goats and all kinds of things. The quality of life for me as a kid was fantastic. There were open woods, there were abandoned estates. What a great place. Well, take a look at Albertson now. It's just a bedroom for New York City people. I moved out further to Sayville. Same thing. It was a nice little village. Not that it isn't still a village, nice village. The downtown. But the outlying area, you go down the street, every corner has a stop sign. When we lived there, there wasn't even a traffic light on Sunrise Highway at our stop. So things change and I am not against change but we would like to preserve the quality of life, the quality of our environment and I have some questions about, I noticed on the proposal that there is a 3.8 use of the land on the 20.8 acreage and that this proposal is to develop that portion of the property. Well, what happens to the rest of that property and I understand that it's going to be dedicated but what if a builder comes along and says, this is R-80, I can develop this. I am going to the town board. How is the town board going to deny it? so that's a question I have. The other question is, the state environmental quality review act, SEQRA, I believe that all this pollution and questions of economic impacts to us, the residents of Southold, should be addressed in an environmental impact statement. Not just a quick review of an environmental assessment, so these are my requests. Thank you. SUPERVISOR RUSSELL: Thank you. DENISE GEIS: Hi. My name is Denise Geis, I live on Sigsbee Road in Mattituck and I am also the vice president of Sigsbee Road civic association and I ask Mr. Russell as well as the Town Board not to grant Mr. Pawlowski's zone change. In my opinion, it would not only increase the traffic not only on the Main Road but on Sigsbee Road and I will tell you, my family has lived here for four generations. So, I can tell you when I was a kid, on Labor Day weekend, I was very disappointed because there was nothing to do and now I wish is was so like that, I can't Southold Town Regular Board Meeting page 39 September 22, 2015 even tell you. and when I am walking my dogs everyday down Sigsbee Road, it doesn't matter if it's during the week, the traffic increases on weekends but I will tell you, we do not need any more commercial, if you, any day, if you sit by Sigsbee Road especially on a weekend, you'll be surprised and amazed, if you are walking down Sigsbee Road which inevitably will be used as well to get to this commercial piece of property, you almost get run over now. so we really do not need the zoning change and it will definitely directly or indirectly not only affect everybody on Sigsbee but in the surrounding area. And the question is, if the zoning change is granted, as we have been talking about the green space, Mr. Pawlowski has said things like he is going to donate that to the town but as we know green space can be used for things like soccer fields, baseball fields, dog parks and he is making it sound like it is going to stay trees which I don't think anybody can guarantee, so, and who also, as we have discussed, who is going to pay the taxes on that piece of property and really, if you are going to, we have no idea, if we could guarantee it was going to stay trees, it might sound good but still the traffic will be crazy. I would love to see that piece of property stay as green space but as we know, that will probably not happen but it would be lovely because'it backs up to Husing's pond, preserve, as well as a lovely horse field, so why that's not considered as a green space, I am not really sure. I believe that Mr. Pawlowski knew what he was getting when he bought that piece of property and he said that it's not financially viable for him to build I guess nine houses on there, I thought it was seven to eight but nine houses on there, he knew what he was getting when he bought that piece of property and it should stay that way. If you are going to not know if we are going to keep those trees anyway, if he donates that piece of property, I think that as well as a lot of people on Sigsbee Road, I think it's the best thing you could do is allow him to use the property as is and to build six to nine houses. Thank you. SUPERVISOR RUSSELL: Thank you. Please. JOANN LECHNER: My name is Joann Lechner, I live on Marlene Lane. I am one of your summer(inaudible). I have been there for over 20 years. What I found, we bought out here for a purpose and the purpose was, it was quiet, there's wildlife and it's just so different from Nassau County. Listening to these people talk and they have spoken eloquently, I can't understand where the Board is coming from but I do understand where they are coming from. They want it to stay wild, they want it to stay large fields, we do have a water problem, the more people you have the more roads you have to build, it's not even a tax issue because if you look at Riverhead, their prices for homes on taxes is more than yours because my daughter is looking out here and they have all the industries, so build, build, build, they will come but you will not have a steady tax base, it will go up which means you affect every single individual who lives in the Town of Southold. The next thing is that you have one of the best things out here which includes me because I am a resident, people come and spend their money, they drop their money. You can come from Nassau and out here for the day and go home. It doesn't cost you anything as a town for that. Why are you willing to give that up? To become Riverhead or Nassau County? You have stores that are totally empty. You have that whole Citibank that they are going to sell? Waldbaums is going out across the street, down the street on the same side, I don't know if it's Laurel? You have stores that it's almost 60 percent empty. You don't need any more commercial space. And the next thing is, why is everything dumped in Mattituck? Have you determined that you are going to sacrifice one town for the rest and keep them open space. I am Southold Town Regular Board Meeting page 40 September 22, 2015 totally against putting up commercial property with apartments and then you said something I really didn't understand about the sewage. They need six acres for sewage? COUNCILMAN GHOSIO,: They would put aside six acres for sanitary... SUPERVISOR RUSSELL: The sanitary, six acres is, beyond the 3.8, he would need six acres to satisfy Suffolk County Department of Health Sanitary Flow requirements. MS. LECHNER: So the people that have houses on Sigsbee will have to put up with the sanitary flow that's behind them? SUPERVISOR RUSSELL: No, it's a traditional sanitary system, when the county calculates sanitary flow, they look at the use of the land and how many acres you need to meet the use of the land. In other words, they assign a certain amount of sanitary flow per use. It wouldn't be a system. MS. LECHNER: You have water problems, you are going to have pollution problems, if you just keep building and building, you can't do that. You need clean water to live and as I said before, people come out here and dump millions of dollars a year and it used to be only during the summer. Now you have the pumpkin farms, now you have Christmas. I mean, you have two months that are down. Why give that up and keep changing the zoning? Once you have changed one they are going to take you to court to change somebody else's. So why as a Board are you giving up what everybody appears to want and that means keep things the way they are. They want the zoning the way they are. I think at this point, people would even appreciate if you change the zone on farms to five acres. You only have x amount of water out here. Everything else is getting polluted. Your bays are getting polluted. Look at your shellfish. They are not, it is not the production you used to have. People used to love to come out here and do that, you don't have that anymore. You have the tides that are green or red or whatever they are. They come in, it's killing everything. So I would appreciate it, and I am against putting up the apartments, and I would appreciate if you would just think about what you have and what you are willing to give up in order to build. Thank you. SUPERVISOR RUSSELL: Thank you. Please, I just want to quickly clarify that the Town Board has issued no, we have made no decision on this. We have not taken a position. The idea of a public forum is to listen to the public and then hopefully shape our opinions based on that input. ALAN LANGENUS: Alan Langenus, 600 North Oakwood Drive Laurel. Thank you. I don't know if this is the appropriate time to bring this up. I have never gone to one of these before. As I said, I live on North Oakwood, great place, beautiful hamlet. I don't advertise it, keep it a secret. It's better that way. There's a house on my street, number 1000 North Oakwood. There was a fire there. It was 10 years ago. The place is an eyesore, it is boarded up. It cheapens the property value of my house and everyone else's and I don't know where else to go. A solution might be to find a kid who is good with matches and you know, have him finish the job. Southold Town Regular Board Meeting page 41 September 22, 2015 SUPERVISOR RUSSELL: You know, I appreciate everything you are saying and I will certainly act on it if you contact my office tomorrow but what we are trying to do is just take commentary now on the proposed local law which would be the rezoning. MR. LANGENUS: Okay. I am unaware of how this thing goes. SUPERVISOR RUSSELL: Understood. MR. LANGENUS: I apologize. SUPERVISOR RUSSELL: What you can do is you can contact my office tomorrow and then we will go out and inspect the property that you have raised a concern over. MR. LANGENUS: I appreciate that. Thank you. SUPERVISOR RUSSELL: Who also would like to comment on this particular local law? JOY ELLINGHAUS: Good evening, Joy Ellinghaus, Mattituck, New York. I am not sure who spoke before me because I was a little late but I might repeat a few things that were heard but I drove two hours to get here. So, I will feel better getting my points across. My family has owned a summer home on Sigsbee Road since 1968. Each summer since 1968, my dad, being a teacher drove us out here on the last day of school, the car was packed up the night before. He and my mom and we five kids made the journey filled with anticipation for the summer. We were always excited to see what had changed mysteriously since we had last been here. It was always sort of the same thing, nothing much. When I got older and a bit wiser, I realized big changes were happening but in mostly one place, Mattituck. We all know what's happened here and we don't need to rehash it, or do we? Big corporations were allowed to come in and the reason I bring up big corporations that encroached on Mattituck is because of the shiny promises they dangled before our prior boards, I feel that that is happening now, none of those promises were fulfilled and I doubt they will be fulfilled now from Mr. Pawlowski's project. There probably aren't too many times we drive around these McDonalds, Starbucks, maybe not Starbucks but McDonalds and CVS and 7-11 in particular, and think, aren't we lucky they are here. Their presence here is regrettable. Mr. Russell and I might have a difference of opinion as to the benefit of big corporations being on the north fork. Where I see them as degradation to the area and feel they bring no inherent value whatsoever to our community, you might see simple value in jobs and taxes. Nevertheless, mostly all against the public's wishes, they came and came and came. I think maybe the 7-11 was the last major corporation that got approved for Mattituck. But it was clearly not wanted and had an impressive amount of names to petition against it. The then Board feigned allegiance to the zoning laws, consistently claiming its hands were tied because the zoning allowed the use of that kind of commercial business. They did the same thing with the CVS. Mr. Russell's Board essentially toed the same line very recently regarding the zoning maps when Mr. Russell stated and I quote, `permitting the rental of homes in the residential zones would effectively convey commercial uses to residential zones. That completely defeats the purpose of the zoning map.' Mr. Russell, I hope you and your Board are as dedicated to the zoning maps when it comes to this commercial project and the zoning change Mr. Pawlowski is asking for. After all, he is asking for commercial use in a residential zone but Southold Town Regular Board Meeting page 42 September 22, 2015 on a far grander and more detrimental scale than simply renting one's home. Which is why I was shocked to hear that as recently as late March the Board was in complete agreement about giving Mr. Pawlowski his zoning change. The only word that can come to the mind of any person of any intelligence is why? How in the world is it possible that you've all seen that area and agreed it could use more commercial structures? Especially through a zone change? When I hear people say that the nature of the north fork is declining because of renters and bike races, of course I disagree. The nature of the north fork is in much more peril at the hands of the Zoning Board and the Town Board. The nature of the north fork can quite quickly be degraded by decisions like casually approving a 7-11 for instance. It can be degraded quite easily by lack of forethought and prescience, by denial of the obvious facts. It can be degraded by refusing to upgrade infrastructure for the throngs that are already here while still insisting they're coming, they're coming. It can be degraded by making unreasonable laws that can only be enforced through cherry picking. It can be degraded by treating people who have been here for forty some years like outsiders and even run the risk of making outsiders feel like there might not be real justice in this place, by not changing zoning laws to keep big corporations out but throw the zoning maps out to benefit small town friends, these are the things that degrade a community. We are all familiar with that strip of land. It is bursting at the seams. You are about to put a card on top of a house of cards that is ill-prepared for it. What is it going to take for you to look around and say `enough is enough'? We need to protect this area and not degrade it further. You can do that by simply keeping the zoning what it is. No one is begrudging Mr. Pawlowski his profit but it should be in the arena he invested in, residential acreage. That is what he bought, if he wanted commercial acreage, he should have bought commercial acreage. Has Mr. Pawlowski done his due diligence in regard to this project? There is an empty commercial building across the street, sitting empty for three years. How do we know his buildings won't come across the same fate with those horrible signs fronting the Main Road, commercial space for rent? And there you have it, another stain on the Main Road of Mattituck. And more regret, for him, for us, for you. Please make a statement to the north fork as a whole, where you see over commercialism, please don't make zoning changes that add to the glut! Please protect us. Don't give us any more regret. MARJORIE DUNN: Hello, my name is Marjorie Dunn and I live in Mattituck. I am here just to reiterate what the people who went before me had to say. I am against this change in zone and I also would like to know how many on the Board and who they are want the change and why they want it? Thank you. COUNCILWOMAN DOHERTY: Scott, can I clarify? That is the second time that I heard that we want the change. Mr. Pawlowski has applied to the Town for the change, we don't want it, everybody has every right to apply for something, so Mr. Pawlowski has applied for this and that is what this hearing is about. For us to decide if we should allow it or not. UNIDENTIFIED: Inaudible comments from audience. COUNCILWOMAN DOHERTY: And we are gathering information. Southold Town Regular Board Meeting page 43 September 22, 2015 SUPERVISOR RUSSELL: How the public h earing works is we take all the information and then we will close the hearing and take a vote. I have to be candid and say, I don't think the vote will come tonight because the Board likes to listen to everything that comes forward and makes a sound decision based on that. the vote would probably come at the next Town Board meeting in two weeks. Please. JOHN CARTER: Good afternoon, my name is John Carter and I live on New Suffolk Avenue in Mattituck. My wife and others could not be here tonight to share their opinions because today is the eve of Yom Kippur,the holiest and most solemn days of the Jewish calendar. So I appreciate that this is unfortunate scheduling and I encourage Southold Town to be sensitive to all important religious and secular holidays. Thank you, I will get off that soapbox. My objection to this application has been spoken in many ways by many people tonight particularly by Bill Toedter of the North Fork Environmental Council. My specific objection to this application to rezone this property is based on precedence. The importance of a zoning designation that has been properly and rightly established. The existing residential zoning in this parcel was established by the work of Southold Town and its citizens over the course of many public meetings and discussions over many years. It reflects what the community wanted then in order to still have it now and into the future. Like many others, I have seriously considered the potential economic, environmental, housing, employment and social impacts to the neighborhood and the broader community. I have found, I have neither found nor heard information or argument, quantitative or qualitative that justifies changing the law and rezoning this parcel from residential to business. This parcel should remain what it is, residential. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? MARY EISENSTEIN: Good evening, Supervisor Russell, Town Board members. I am Mary Eisenstein and I am here this evening representing the Mattituck Laurel Civic Association. I would like to take a few minutes to explain the journey of the civic associations process. On April 29 Mr. Pawlowski made a presentation to the Mattituck Laurel Civic Association. In attendance were over 60 people. He made his presentations of his plans and then he took over 30 questions. He did a fine, fine job and after it was over, I inquired with him if he was willing to consider a career change as a public speaker. On May 27t we had the Southold Town Land Preservation coordinator Melissa Spiro and County Legislator Al Krupski who educated the members on land preservation and land use in Southold Town. On June 24th we had Heather Lanza and Mark Terry, Planning Department. Leslie Weisman, Zoning Board of Appeals. They educated our members on current Southold Town code and zoning. In addition, we had bill Toedter, President of North Fork Environmental Council who went over the criteria that environmentalists use to assess a project. On July 29th, over 60 members participated in a facilitated workshop to discuss the impact of this project with regards to community character, surrounding environment, the Mattituck economy and the fundamental issue of rezoning the property. Some of the resources that were used for the facilitated workshops were the hamlet stakeholders recommendations, SEQRA guide for the community, the Mattituck corridor study, the Planning Department's response to the Pawlowski application and some of the chapters of Southold Town Regular Board Meeting page 44 September 22, 2015 the comprehensive plan. I will be giving you, these were the results of the five groups and their debriefing, so each of the groups information was collated here and in addition, there is a two page synopsis of the in-depth information that came from those five groups. After months of gathering information, the membership deemed the matter of rezoning the most important and so we put a poll question together, and that polling question we sent to the members. The question was, do we, the Mattituck Laurel Civic Association membership want the Southold Town Board to grant Mr. Pawlowski the zone change he requests from residential R-80 to general business B? the results of the poll were, we had 111 people respond, 9 voted yes and 102 voted no. if I just may add a little bit here, we started taking membership applications in April. As of yesterday, we have 113 memberships that reflect about 150 people. So to have 111 responses is a pretty good response statistic. In the book, small town America finding community, shaping the future, they define community spirit as residents working together, sharing common interests, identifying with and willing to assume responsibility for their community. I think everything that I have just said to you this moment certainly manifests that definition of community spirit. We, the Mattituck Laurel Civic Association, based on all of this information are guided by our members and we are requesting the Town Board to deny permanently this request for rezone change. Thank you very much. SUPERVISOR RUSSELL: Thank you, Mary. Let me just say, Mary, I actually attended one of your meetings and I want to congratulate you and the whole group because I have to say the discussion was very thoughtful, very thorough and very objective and it was a nice thing•to see. MARTY (INAUDIBLE): My name is Marty (inaudible), Mattituck. I have been out here since 1970, for me to get up here is quite a big thing because I am an introvert. I hear the people loud and clear, they don't want this. This was zoned years ago, residential. I understand in 1993, a woman owned the property and she wanted to have eight houses built on it and the Board at that time said that she couldn't, she could have seven. Now look what we are talking about. The people do not want this, the people of Mattituck do not want this and I hope you hear us. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? Anybody? Paul? Please. PAUL PAWLOWSKI: Hello, I want to thank the Board for your time tonight. I know this year has been quite busy for you on many agenda topics and agendas, so, again thanks for your time and your stamina. I also want to thank everyone here for their time. I think it is a very, very important issue and I certainly, certainly would not agree with any zone change, any zone change unless the pros outweighed the cons. Whether it is business to residential, residential to business, every one of us, I am a Mattituck resident and every one of us buy a piece of property understanding what our neighbors are or could be and unless there is a situation where the pros outweighed the cons, I would never I would be right there with you, so, Town Board, I am here to put forth what I want to propose for the property. I am here as the owner of the property and I am here as a resident and I hear everything every one is saying. The number one thing I would also like to say is this proposal is certainly not in the best economic interest that I can do with this property. It is not my intention, obviously I don't want to lose money, but money is not the underlying goal here by any means. The only reason I bought this property was to do workforce Southold Town Regular Board Meeting page 45 September 22, 2015 housing. That's it. That wasn't supported. I didn't pull back on the sanitary system. That is the only reason I bought this property. I did it, I gambled, I said, you know what? I met with the Town Board, I met with the Planning Board and I knew I didn't have approvals, I knew that. But I certainly only bought it to do workforce housing because as our supervisor has said, our biggest export is our children, and I wholeheartedly believe that. So, since that wasn't supported, what do I do with this property? And without a doubt, if need be, the by right with this property, I am willing to do and I would have to do. I certainly can't afford to take a multi-million dollar loss. But before we jump to that, before we jump to another major subdivision in our town or you know, single family home there that farms it, whatever it is. Those aren't my intentions. Let's, just please listen to the details here. What you have as residents of Mattituck is a 21 acre lot. At the end of this, you will still have close to 18 of those acres, completely preserved. That's pretty good, all things considered. I realize a zone change does not come easy. I realize as a Board you need to take a zoning change case by case and I truly believe in that. I would not be here tonight if I did not think this proposal was in the best interests of the Town, most importantly the immediate neighbors and all of Southold Town residents. I think in order for a zone change to even be considered, it must be in the best interest of the community as a whole,not 50 people,no 60 people, not 120 people. You know, I am here by myself and I know the civic association started, I respect their views, I respect everyone's views here but if this meeting was an hour later or maybe the next public meeting, I am pretty sure there's several hundred people that would love this proposal. The immediate neighbors are the most impacted and I feel this proposal protects them the most. With the zone change, it certainly better protects the immediate neighbors and it also should bring public benefit. I would like to present to you what I am proposing and the details of this proposal and why it is conforming, beneficial and keeping with the character of the north fork. The Board, you have done a great job preserving the north fork and at times we have had to pay money with our land preservation funds. This is, preservation is the core of my proposal, it will not cost us taxpayers money for 80 plus percent of this property to be in preservation. True preservation, not maybe let's see what happens in five or ten years. I am asking the Board to change 3.7 of a 21 acre piece of property which is roughly 80 percent in land preservation. What that means to the immediate neighbors is woods would be behind your house for life. If I donate this, I will make sure that it's clear that this stays woods. You know, I will make sure that it's maintained, I will pay for that. I will make sure that what you see is what you get for eternity. It's called a non-disturbance buffer, if the Board would accept that. not trails, not this, not that. True woods. Because why I am donating that, Mattituck is a densely populated area, hamlet, to be able to keep 80 percent of that property trees and absorb the rainwater, hands down is the best environmental impact for that property compared to, legally by right, seven lots that would be allowed and I will show you on a map soon what seven lots means in actual preservation versus what I am proposing. Yes, a subdivision has a 60-40 rule but a large percentage of the property could be disturbed. If it's a single lot owner, an extremely large percentage of that property could be disturbed. This only 3.7 acres of the 21 would be disturbed. The six we are talking about for sanitary reasons would not be disturbed, it's just needed for calculation. And to be clear on the sanitary aspect, I never said, this is only a sketch plan and the reason for the sketch plan is to put forth what the public would see but as I was all for a septic treatment plant, if this gets preserved I will fully do a fully treatable, I will meet with the Suffolk County, with Bill, and I have no problem doing the most state of the art septic treatment plant on the planet. If it's $500,000 no problem. if it's $1,000,000 no problem. Let's be the first, and I Southold Town Regular Board Meeting page 46 September 22, 2015 am not saying that just to sell the idea, I really, you know, I live in Mattituck, I live on the water and I understand groundwater. I never said I wouldn't do it, I said the sanitary system would be within code but I am, if that's one thing I heard about water quality, you know what? By the time this sanitary hits the water table with the system that I know of, that I have done before, you could almost drink the water. Bill knows that. These new systems are phenomenal systems and they would have no impact to any homeowner or anyone in Mattituck if done right. This property, it is important to all of us and the preservation and the environmental aspect of my proposal is number one. From a planning perspective, I am proposing 14,000 square feet. It sounds like a big number but it's nothing, I mean, on a 3.7 acre piece of property. This in scale would be similar to where the Hudson City bank in Greenport is across from the 7-11 and that property is just about an acre, so I would have a property about three times that size. And it would not be like Nassau County or Riverhead or anything like that, where we are all worried about strip malls. This would be campus style, this would be a north fork traditional look, that's important. You are not going to drive by and be disappointed, you are not going to drive by and 99 percent of the reason why we have vacancies in this town is because of the look of those buildings. Not one new building built in the last 10 years is empty. Not one in Mattituck. I point that out because 14,000 the scale of that, if this was already zoned business, I would by law be able to build over 30,000 square feet. I am proposing 14,000 which is less than 50 percent. I am putting a covenant in that I can never add another square foot. No question about it. What I am proposing is what it is versus hypothetically what could happen. The campus style protects us from these big companies. I am, you know, somebody here said (inaudible) I am not a big company, I am a resident, I don't even like to be called a developer, I have done a few buildings, okay. this style, which the Planning Board asked for, is proposing for future developing is really nice, it protects us from that big box company. And overall curb appeal in Mattituck and Southold. This is the entrance to not only Mattituck but all of Southold Town. Twelve residential apartments above this space. Again, that's above the 14,000 square foot. Everyone would have a dedicated parking space. I never said I wouldn't put in elevators. If I need to make this ADA, no problem. I would be happy to. It seems like the whole world is going that way, at Cedars, the golf course, we just put in a ramp to go that route. I agree with that. this is a sketch plan with details, the sketch plan it's the whole picture but the details in making this a really good site whether it's workforce, whether it's people that are going paycheck to paycheck that live in this town, need a place to live, those 12 apartments I put into the proposal because I was asked to by our Planning Board. They want, in this sort of environment, mixed use. They want to be, and I think it's smart, they want to take something that's already developed and offer an affordable house. And not have to use another piece of vacant property. I am all for it and I am for, you know, the biggest thing with the affordable housing, when I say open market, I am only talking about cutting out the red tape. I have no, I will covenant that this will mirror the Suffolk County affordable housing prices for renters, for perpetuity. Not for ten years, not for five years. For life. It is desperately needed, needed much more than the worry of a change of zone. And twelve doesn't sound like much but it will do a lot more than what has been done towards workforce housing in the last ten years. Nothing has been done except the hope to do something. There has been one home, I think, in ten years added to the workforce housing program in perpetuity. The open air pavilion, we talk about the character of this town, where can we support a farmers market that will have the parking requirements, that will have the proper egress. The town needs one. I know of many groups that need places for meetings, that whatever Southold Town Regular Board Meeting page 47 September 22, 2015 it is, we will put it in. Because it is needed, not because I need it. there's no way to make money on it. All's it is a public'benefit. Proper parking, proper setbacks by code. Not one thing that we call for would need a variance. It needs a Town Board approval but it wouldn't need a variance. Proper sanitary flow and then enhancing that with a septic treatment plant that would have, pretty much no environmental impact whatsoever. Proper egress, we talk about this stretch. I certainly wouldn't be here if this wasn't conforming to what's there. I am not asking to put this on the south side of the 20 acres. I am asking to put this on the Main Road of Mattituck and that is they widest section of the road. I will work with the DOT not only to make it safe pulling in and out of there but to improve that whole area. At our cost. When the developer goes in, we have to pay for everything, the sidewalks. We have to pay a fee for future improvements. We will spend probably $400,000 just on the roads to make it better. And of that $400,000, $120,000 would be an improvement fund. Again, it's on the Main Road and that's why I am asking for the conforming zone change. As far as the residents that, you know, touch this property, you have woods, you have had woods since you bought your homes and the people before you lived there. That would stay the same. I heard all the comments from the workforce housing proposal, it would stay woods. No other alternative unless it's purchased and somebody has the ability and the means to keep it woods, does that offer that? Not any other alternative? So I would, you are my first audience that I am like what can I do to help the people that border this property, the horse farm and the residents. Keep it woods. That's the best thing you are going to get and I am all for it and I agree with you and I have heard every comment. Just_want to point this out on the plan, I am sure you guys have seen it. This is where, this is the Main Road, this is the 3.7 acres that I would like to develop. This would stay what it is today and would be maintained, what I mean by maintenance is no litter, no one dumping back there, it's not maintained now. People are dumping back there. 'There's trucks, I catch dump trucks in there every day almost, dumping back there. if I am here, no one is dumping,back there. This will be pristine woods. There's forts back there, there's a lot of things back there. so look at the scale of that. That's preservation. If there was a seven lot subdivision, the yellow is the preservation. The orange can be disturbed, by code. This isn't my thinking, this is by code. This is the new codes setbacks. The yellow, which is less than an acre, would be truly non- disturbed. Yes, this would be seven lots and there's a large agricultural reserve but that doesn't mean that would be fully protected from any fertilizers, you name it. We will go into that. This is, orange can be disturbed. I am proposing 14,000 square foot, you are allowed, I could have well over 100,000 square foot of housing on that property, by right. The character of the north fork and the architectural perspective, I am a Mattituck resident, I can't stand strip malls and how they look. That's not the intention here. This would look beautiful, this would be welcoming, this would not be Nassau County, this would not be Riverhead, nowhere in Riverhead do I see campus style like this. This would look similar, I point back to it, the Hudson City across from the 7-11 in Greenport. It would look similar to that in architectural aspect, beautiful and definitely in keeping with the north fork. Every immediate neighbor would have proper screening and proper fencing. The retail space would be appealing to all, the residential area above will be private, this will be a nice setting and welcoming look to our town. Much more than any subdivision will look. Public benefit, this is very important to consider because by fact, we will offer the following to town residents as a public benefit, if this is approved. Land preservation, 80 percent would be preserved. Tax revenue from the retail and residential use, we worry about what would happen with the taxes if that is preserved, the tax revenue from this site Southold Town Regular Board Meeting page 48 September 22, 2015 would be more than 400 times greater than if it was a residential site. Business people, a new place to start business and grow their businesses. You talk about vacancies, we could go right from Empire gas station and go to the high school and we could talk why those are vacant and it has nothing to do with demand. Affordable residential opportunity without the red tape. If I have to, I will do it subject to the affordable housing, I would be more than happy to. I was ready to do a lot more than that but it seems like there's some red tape there. the number one reason why we need affordable housing is to make it affordable and that I can guarantee. I can guarantee that these rates match the Suffolk County rates. Jobs, okay, whatever it is that goes in these stores, they will create jobs for young people, whatever. They are needed. No impact to the school. And if there are a few kids that come out of the residential apartments, we desperately need it. Our school systems are being depleted by the week. Open air pavilion, development revenue. This will exceed $5,000,000 in a 12 month span, it's all local, I have never not used local trades. And Board, Southold Town, I realize the importance of a zone change, I am here today with confidence because my proposal includes conformity, preservation, public benefit, the character of the north fork and a pledge to the immediate neighbors that this will be a place not looked down upon. This will bring jobs, it will bring tax revenue and compared to the alternatives, the best thing for the property. I will do and I am willing to guarantee everything that's said today and I have been saying for the last six months, exactly what this proposed sketch plan is. I will covenant it, I will do whatever I need to do. I understand what it takes for a zone change approval. This will not be 24 hour stores. I ask all of us to actually seize this opportunity versus look down upon this opportunity. I realize the zone change itself is the big, one big issue besides quality of water. If any developer comes before us and is offering 85 percent of that property they are talking about with preservation, is offering the public benefit that I am offering, then a zone change I feel is warranted. What I am proposing should give us, should give the Board the confidence to endorse this without opening up a can of worms. I am not asking for a zone change without offering something, that will differ this proposal from any other. Thank you. I do want to answer some questions that were brought up. Parking, elevator, no problem. put it in the site plan, put it in that....why did I purchase it? I just want to answer that, it had nothing to do personal gain at all. at all. Bill, water quality? More than happy to put in a septic treatment plant. Sayville, Nassau County, not going to happen. It will be something extremely welcoming. Rest of the property and what we have today is 20 acres, 17 plus will stay preserved. Traffic on Sigsbee? This isn't going to create more traffic on Sigsbee, we are talking about putting this in the center of our Mattituck. The traffic's going to Waldbaums, the people that will be using these stores are already here, are already driving in our towns. I am not adding more people. The people that will rent are the people that are here already. I am not a big corporation, I am a Mattituck resident and I appreciate your time tonight. CATHY SIMICICH: Hi, my name is Cathy Simicich, I live on Rosewood Drive in Mattituck. Mr. Pawlowski has a lot to gain and Mattituck has a lot to lose. Please don't let this go through. Thank you. FRED ANDREWS: My name is Fred Andrews and I live in Southold. Until recently I was a member of the Housing Advisory Commission. (inaudible) I am not here to tell you one way or the other if that area needs another shopping center. I did hear Mr. Pawlowski assert that he Southold Town Regular Board Meeting page 49 September 22, 2015 would take care of the water problem that was mentioned earlier and I will take him at his word th at he will do that. I just want to say that I like his housing proposal. It is not an official affordable housing program but'I think he has offered a substitute that will do. He will covenant that the rent remains low in perpetuity. A low rent is only half of affordable housing, you also have to deal with who's eligible for it. You can't just leave it to the free market to rent it to anybody who, I asked him through emails back and forth if he would add provisions to take care of that. He told me he would. That there would be income limits as there are in official affordable housing regulations and it would be limited to residents of the north fork, so what he is telling me there is there will be no Manhattanites looking for a weekend place to rent. His intentions in that respect are good, too. I went on the Affordable Housing Board some four years ago and I raised my hand and said I would like to take part in committee's for the town and I was asked to join that Board and I said fine. I didn't know much about it, very little but I learned fast and one of the things I learned is there is a really desperate need in our town for affordable housing. The average median income for Southolder's is around $70,000. The median price of home ownership in this town is about $450,000. People who make $70,000 cannot begin to qualify for a$450,000 project. We worked for four years, through my tenure,to try to encourage to try to produce, affordable housing for this community and as was asserted, we managed to do one, the Habitat for Humanity housing that sort of fell into our laps in Orient. But it is very, very difficult to acquire. Mr. Pawlowski has offered us-12 units on an informal basis, not an official basis but he would be willing to make a sort of commitment that would lead us to believe that that will continue. So, affordable housing is very hard to come by. I don't think that is a factor strong enough to sway this, be the decisive factor but I do think it should be taken into consideration with respect to his application. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Board on this local law? • UNIDENTIFIED: I don't know if within the town if you have property that is vacant, that you are not using, would you be willing to swap with him? Leave that piece forever wild and if you have something else, he would have the ability to build on four acres, not in a congested area as Mattituck, because I have trouble getting in and out of that street at this point, you put another businesses there and houses, there and it is just going to add to the mix and there is no (inaudible). So maybe if you pan swap properties... SUPERVISOR RUSSELL: What the Town Board should be doing is evaluating this on its own merits. Actually the Town has difficulty because there is what's called no alienation... UNIDENTIFIED: I don't understand. SUPERVISOR RUSSELL: Okay, property that the Town owns, we can't convey out to another party unless we sell it at, have it appraised, declare it surplus and go through a fair market value appraisal and then offer it up to the regular market. They just can't... UNIDENTIFIED: You can't say to him, like the Pine Barrens does it... Southold Town Regular Board Meeting page 50 September 22, 2015 SUPERVISOR RUSSELL: They transfer credits. UNIDENTIFIED: Well, can you do that? SUPERVISOR RUSSELL: We don't have that in Southold Town and that wouldn't get the project to another location, that's just about sanitary flow. It's about, when Suffolk County regulates how much septic flow you can use from a site. They put limits on it. in order to exceed those limits, you can go to the Pine Barrens and buy sanitary flow that's never going to be used because they are not going to develop that property. So you can increase your intensity of use on one site if you buy those credits. Southold doesn't offer those. We also don't accept Pine Barrens credits for the simple reason that there are no pine barrens in Southold Town and we are not going to accept all the development pressure that comes with sanitary flow. It would make no sense. But what you are talking about which would be an in-kind swap, we just don't have the legal right to do that. UNIDENTIFIED: Thank you. SUPERVISOR RUSSELL: Can you just stand up? I am sorry, otherwise, we can't transcribe it. UNIDENTIFIED: I just wanted to add Mr. Pawlowski seemed like a very amenable young man and I listened to all of your points very carefully and having lived on Sigsbee Road in the summertime, I can attest that since the 7-11 has been built and the CVS is there, the traffic has absolutely been out of control these last few years. And I can only imagine that it will in fact change and get worse with more additional building in your property. But I wanted to comment on a statement that you made about the affordable housing and I wanted to ask a question about that. I certainly am under the impression having a real estate license, that you cannot in any way, shape or form hold back renting to certain people, whether they live on the north fork or not or come from Manhattan. But regardless, would you be open to Section 8 housing and allowing Section 8 housing in these apartments and I also wanted to add something about that map that you showed for residential building. You pointed out seven lots in front of the lot, in front of the acreage there and I am wondering, are those the only seven lots that you can build on or can you build on the back section of that as well? If you can answer that for me. SUPERVISOR RUSSELL: What I would do is just remind everybody that you need to direct all questions to the Board. Obviously if questions are raised.... UNIDENTIFIED: Oh, okay. SUPERVISOR RUSSELL: If questions are raised and he wants to get up and answer them, that's at his discretion. UNIDENTIFIED: Oh, okay. I am sorry, I didn't realize that. SUPERVISOR RUSSELL: and also, everybody just remember to direct questions to the Board. Southold Town Regular Board Meeting page 51 September 22, 2015 JOHN CARTER: John Carter, Mattituck. Just one quick procedural question. When this hearing is over today, what is your process going forward and your time frame for it? SUPERVISOR RUSSELL: We close the hearing tonight, the Board members individually consider all the testimony and anything we received via mail and in two weeks, it comes back up on the agenda and then we have a formal vote on the application. MR. CARTER: And how long will written letters be, written comments be accepted? SUPERVISOR RUSSELL: We can accept them until... JUSTIVE EVANS: Inaudible. SUPERVISOR RUSSELL: What we will do is we will close the hearing for public comment and then we will accept written comments until the next Town Board meeting. COUNCILMAN DINIZIO: You can't do that. Well, I think you, if someone writes a letter and Mr. Pawlowski would like to respond to it, I think he should have the opportunity to do that before we make a decision. So if you want to make it a week and then let whoever would like to respond to those letters, read those letters and then respond to them, you know, make it a week before we make a decision that there is no more, accepting any more comments. SUPERVISOR RUSSELL: How about we put a resolution that we will close the hearing and accept written comments up until Friday at 4:00? Give everybody time? Friday at 4:00. That's what the resolution will say. MR. CARTER: I would formally like to ask for an extension of at least two weeks beyond next Friday. COUNCILMAN DINIZIO: Religious reasons? You commented about... MR. CARTER: Civic reasons. COUNCILMAN DINIZIO: Yes. Well, how long would you like? MR. CARTER: Two weeks. COUNCILMAN DINIZIO: That's going to drag this out for a month. MR. CARTER: Is that a problem? SUPERVISOR RUSSELL: Would next Tuesday be okay? We are trying, this is a public hearing, so we are trying to take in all the and both sides of any issue have the right to weigh in based on public comments, so we are trying, you know, if we go two weeks then we are going to Southold Town Regular Board Meeting page 52 September 22, 2015 be at the next Town Board meeting and we are going to not likely be able to vote on it and I think this Board would pretty much like to vote on it. MR. CARTER: Well, as Mr. Pawlowski said, had this meeting been held in the evening.... SUPERVISOR RUSSELL: Fair point. MR. CARTER: Daytime, working people would have a much better opportunity to attend and participate, if it wasn't on the eve of Yom Kippur, I know a handful of people that would be here tonight. SUPERVISOR RUSSELL: That's a fair point but the next meeting in two weeks is going to be at 7:30 in the evening, so it will be an evening meeting and people can comment prior to a vote. MR. CARTER: It has to, by law, be decided by then? SUPERVISOR RUSSELL: No, it does not. It does not. MR CARTER: I don't understand the urgency. SUPERVISOR RUSSELL: When we close the hearing, no, we can vote on it at any time after that. What we generally do is close, we generally don't vote on a local law the night of the public hearing because the Board wants at least two weeks to consider, but we can always extend that. MS. GEIS: I don't understand, we have already had time, it's already been documented and there was only seven letters, but anyway, there's only been seven letters that have been accepted. People have already had time to do this and if only seven letters have been written, why does anyone think that another two weeks that like another 400 letters are going to be written? I don't understand. SUPERVISOR RUSSELL: Jim, what would you think would be a reasonable time frame? I want to close this out for public hearing.... COUNCILMAN DINIZIO: All I can tell you, we usually allow, on the ZBA, a week to give people and give us a week to respond, so you know, our next meeting... SUPERVISOR RUSSELL: So 4:00 next Tuesday? COUNCILMAN DINIZIO: I think anybody involved is deserves a quick response to this. This has pretty much been going on for the past six months. MR. CARTER: Well, I appreciate, it has been a public discussion for six months. It hasn't been a hearing for six months. That's our concern. Southold Town Regular Board Meeting page 53 September 22, 2015 SUPERVISOR RUSSELL: I am willing to entertain that we close this a week from today, next Tuesday. COUNCILMAN DINIZIO: I would like to ask Mr. Pawlowski a question if I could. COUNCILWOMAN DOHERTY: When we close the hearing we will do that resolution but we are not ready to close the hearing yet. MR. CARTER: Thank you. DAVE DERIDDER: Dave DeRidder, Mattituck. I have a question, was there an environmental assessment presented with the application? SUPERVISOR RUSSELL: No. What would happen is if the Town Board is entertaining the idea of moving forward with the change of zone, we declare ourselves as lead agency and then we order a SEQRA review. The SEQRA review based on the Planning Board input which I would tend to agree would require what's called a positive declaration. Then all of the concerns that are raised at these hearings and any concerns of the Town Board would be submitted to the applicant so that they need to be addressed in a submission to the town. In other words, traffic, water quality, all of those things, would be part of a positive declaration. The onus goes back on the applicant to try to address those concerns and answer them. MR. DERIDDER: You say you are anticipating a positive declaration? SUPERVISOR RUSSELL': No, no. If we anticipate moving forward on the application, what we would do is, we would declare ourselves lead agent. A positive declaration means that we presume it to have a positive impact, not a good impact, but a substantial impact on the environment. That's what would trigger what's called a SEQRA review. That would basically take everything that's been submitted to us and then present it to the applicant to address. Positive doesn't mean a vote for it, it just means yes, it might have a significant impact that needs to be evaluated thoroughly. MR. DERIDDER: Okay. And at what point is that assessment going to be presented? SUPERVISOR RUSSELL: That would only happen if the Town Board is interested in moving forward with an application. MR. DERIDDER: Okay. SUPERVISOR RUSSELL: But the Town Board isn't there yet. TOWN ATTORNEY DUFFY: If I could, Mr. Supervisor, the applicant did submit the environmental assessment form which we require but I agree, that's just a first step. We would have to review it, make comment and then go forward with the declaration. Southold Town Regular Board Meeting page 54 September 22, 2015 RICH MONAHAN: My name is Rich Monahan. My family has been in Mattituck 44 years, part-time now full-time. a couple of question that I have, Mr. Pawlowski says he has hundreds of people in Mattituck that he believes supports his position. I would like to know where he gets this number from? Because I can tell you that Mattituck and Southold and the north fork, I believe, are under assault because you can see it in the traffic on weekends here, when you look out and he's got a means of ingress and egress right onto the road that now, from the light at the Magic Fountain goes all the way back almost to Wowak Farms, when you are on the weekends. Two, what tax benefits does Mr. Pawlowski get from the Board, from the town, for the development of the property, if any? SUPERVISOR RUSSELL: From, under this proposal? MR. MONAHAN: Under this proposal. SUPERVISOR RUSSELL: I would say that this proposal, compared tothe potential for new houses would probably be fairly comparable in taxes generated. Whether you create a subdivision and have to set aside property for open space or whether you set aside voluntary for open space, it's fundamentally removed from the tax rolls either way. MR. MONAHAN: What tax benefits does he derive personally from donating the 17 acres? SUPERVISOR RUSSELL: That, I can't answer that. I don't have the, I would have to defer to him. MR. MONAHAN: You know, my mom has told me two things in life. She told me the road to hell was paved with good intentions. I have no doubt that Mr. Pawlowski says that I am going to do this, I am going to do that, but I can tell you that my experience in life is that people promise an awful lot but they don't deliver. And the second thing she told me was, you know, when something sounds too good to be true, chances are it isn't true. And I believe that this proposal is an assault upon Mattituck. You already have affordable housing, I don't see anywhere else, if someone can tell me where affordable housing units are in town, in the Town of Southold. Can anybody tell me? SUPERVISOR RUSSELL: We have an inventory, I would say probably the most inventory, the most units historically is probably Southold, with the development of Southold Villas and High Point Meadows although High Point Meadows was a unique proposal, it was affordable parcels, not houses. But the last two that have been done in Southold Town have in fact been done in Mattituck, Elijah's Lane Estates and the Cottages. The only recent... MR. MONAHAN: What about the other towns? Why aren't they being considered for affordable housing? SUPERVISOR RUSSELL: Actually, all of the hamlets are. This is the proposal that came in, the town isn't guiding affordable housing from one hamlet to the other, we look for a broad Southold Town Regular Board Meeting page 55 September 22, 2015 cross-section of the town to be represented but we do have affordable housing communities in every of the hamlets. MR. MONAHAN: Let me ask you, has anybody on the Board informally advised Mr. Pawlowski with respect to his application? I am not saying, I am not talking about Planning Board or any other, has anybody had a conversation with him that's not on the public record with respect to this proposal? SUPERVISOR RUSSELL: No. I don't think so. Anybody? MR. MONAHAN: Because originally I believe you said that originally the proposal was that everyone was in accord with the original proposal and now there's some disagreement. Is that correct? SUPERVISOR RUSSELL: That was the Planning Board's comments. MR. MONAHAN: The Planning Board? SUPERVISOR RUSSELL: That was the Planning Board. MR. MONAHAN: I just, from my perspective, I listen to Mr. Pawlowski and it all sounds pretty good. It sounds reasonable and that's what bothers me. It's too reasonable. He is willing to do anything to get this thing through. Whatever you ask him to do, he says I'll do it. But the, you know, words don't mean a lot nowadays what really means is actions. And I don't know how, you think you are going to protect us, the people of Mattituck and Southold and get everything that he has promised, how are you going to do that? Can you tell me how you would go about making him do what he has just promised? SUPERVISOR RUSSELL: No, I would say that that would be something that the Town Board or the individual members should consider and look at these, the circumstance and say, I don't think we can achieve that with satisfaction and knowing" that's going to take place and that should guide their vote. MR. MONAHAN: Well, I would ask you to put together a list or for him to put together a list and say exactly what he is proposing to do, what he said tonight, he said multiple things about what he is planning to do and what he has promised, his leases will be in perpetuity, do this and that, get it in writing. I think you are going to have to postpone your vote until you get those things squared away, until you can convince these people because I heard everybody here, from the North Fork Environmental Council to the Mattituck Laurel Civic Association, he says he has got a hundred people. I don't believe that at all. I believe it's him and his business partners if he has any, to getthis through. I would suggest to you that with a vote now or within a month is inappropriate until you get all of what he said he's going to do and as he said, he has got a site proposal, that's all he has. He hasn't come down to the specifics,and we all know the devil is in the details. Get him so he satisfies you, to say what he is exactly what he is going to do and then you can intelligently vote on this proposal. Because what he said is a lot. Legally and for you Southold Town Regular Board Meeting page 56 September 22, 2015 folks and environmentally, he's said he is going to do everything that you ask him to do. I don't think you have a list of what you want him to do, I don't think he has a list of what he says he is going to do so I would ask you, don't take a vote, give people another week to submit whatever their requests are and then intelligently discuss among yourselves if it meets your approval. And then come back to the people because right now I don't think you have enough information to make a decision on what he's proposing. He has proposed an awful lot tonight, what he says he is going to do. so that would be my suggestion to you. SUPERVISOR RUSSELL: Thank you. I am going to have Leah go and then you. LEAH SULLIVAN: Hi, I am Leah'Sullivan from Mattituck. I just want to, I am happy to hear that some of the environmental aspects and concerns that we have may be addressed. That would be great but I am coming more from a safety perspective and I am very concerned about the traffic in that area, not so much that it's inconvenient because we all know it is, but I am -concerned of the risk that's involved because that main corridor there, it's not designed to handle all of the incoming and outgoing access on that road and the infrastructure, it just can't accommodate more. I was on the Main Road the other day, I am a very savvy driver, I am very careful. I almost got into a car accident. A week ago, I saw a biker almost get hit. So from, I am more concerned-about the safety. Unless the town can afford to redesign that whole area, I can't see how adding another business, apartment rental unit with entrances and exits, I just can't see how that's going to work. I am very concerned about that. Another problem that we have here being out on the east end, is that we don't have the public transportation. You know, the train leaves at what, 5:00 AM I think I hear it? People can't really use the trains. The times aren't accommodating. People can't use the Hampton Jitney to go to work, it's too expensive and you know, the other times just aren't accommodating to get to work. So every single person that moves here is riding on the roads. That's it. We are really not using public transportation as we would like to as much as we are already paying for it. So I don't want to see another accident like that occurred on 48, this'is a dangerous area and I don't want to see it get worse. I already don't shop at the Waldbaums Plaza because I don't even want to go to that area. I feel like it's much safer for me to go further and go to King Kullen because that's just more manageable. And I have parents who are, you know, I have my father and my mother-in-law, they are elderly, I worry about them driving. We have a very, very high senior population right here, I worry about senior citizens driving, I worry about my son who god help us, is about to get his license and all of this mixed together, seniors and new drivers, lack of the proper infrastructure, cars coming in and out, the fact that this area has become so popular and such a tourist destination which is good in many ways, this is just creating a perfect storm and you know, we are going to realize these consequences when it is too late. And that's why all of us are here tonight because we want to do this smartly, we don't want to rush forward and then say, oh, wow, that was a really bad decision because you know what? It's too late then. We have to take this slowly, we have to figure out what are the repercussions going to be for all of us,living here on a daily basis before we make any decisions and the fact that,this open hearing is at 4:30 on a work night, that doesn't work for most of us. it just doesn't work. The fact that it's Yom Kippur, I mean, we should be having another public hearing at a time when anyone who wants to come, can come. At a time when supporters of Paul Pawlowski can come. We should not be rushing this. We should not be rushing this. Thank you. Southold Town Regular Board Meeting page 57 September 22, 2015 UNIDENTIFIED: I would just like Mr. Duffy to clarify a comment that he made regarding the SEQRA, did you say that Mr. Pawlowski had submitted a report for that already? TOWN ATTORNEY DUFFY: The initial form that has to be submitted under SEQRA is called an environmental assessment form.... UNIDENTIFIED: And has he submitted that? TOWN ATTORNEY DUFFY: He did submit that. UNIDENTIFIED: So then does someone give him the go ahead that he was going to get some approval, that's why he submitted that? TOWN ATTORNEY DUFFY: No, we have not commented on the form yet. UNIDENTIFIED: You have not commented? TOWN ATTORNEY DUFFY: We have not given them any feedback on the form they submitted. UNIDENTIFIED: Didn't Mr. Russell say only with some direction that you would be agreeing to the proposal... SUPERVISOR RUSSELL: No, no. UNIDENTIFIED: Can you clarify that, please? COUNCILWOMAN DOHERTY: What happens with SEQRA is there is a form filled out with every application you put in the town, whether it's building, trustees, zoning. The applicant fills out their parts along with other papers depending on what project they are filling it out for and then the Town or the SEQRA agent, they fill out their part after review. So that's what Scott was saying. We did not do our part yet because we are gathering information and it goes in steps. When the applicant applies, they have to do their part and then we fill out our part, which we haven't done yet. UNIDENTIFIED: So he will have already done his part... SUPERVISOR RUSSELL: No, let me explain precisely what I meant. There's no need to do it if I am not interested in supporting the application. If the Board says, you know what? This isn't the right time for a change of zone. There's no need to go to the next step to evaluate environmental impacts which would be the SEQRA. We haven't gotten there yet because we have the big if. If we support it and we haven't gotten there yet. And by the way, the SEQRA would include all, you know, the reason for doing it after the public hearing is to include all the comments you get. You bundle that up to present it back to the applicant. But again, it's only if we are willing to go forward. That's the big if. Southold Town Regular Board Meeting page 58 September 22, 2015 UNIDENTIFIED: Okay. Thank you. FRED ANDREWS: Fred Andrews again. I would just like to return for a brief comment. It distresses me this evening to listen and hear affordable housing sort of described as a sort of punishment that's inflicted on a hamlet. I am thinking of the Cottages, I have never heard anyone establish in any way that the Cottages damages Mattituck. It is a nice little community, well-maintained homes. It has provided good blue-collar housing for fire, teachers, people like that. And I would think an asset for any community. It did not cause taxes to go up, it did not overwhelm the school system and then so I don't know why the folks in Mattituck somehow thing that was a bad thing to have happened. It seems to me to have added an asset. SUPERVISOR RUSSELL: Okay, let's just address the Board directly, not each other. MR. ANDREWS: It seems to me that that little community is an asset and I would, in my time on the housing advisory commission, never in my life have I ever heard anyone oppose affordable housing. But just don't put,it near me. That is the problem that we have. Everybody is in favor of it but they can always be in favor of it somewhere else. Thank you. SUPERVISOR RUSSELL: Would anyone that hasn't spoken yet like to address the Town Board? BARBARA KUJAWSKI: Barbara Kujawski, Mattituck. Nobody has opposed the Cottages or affordable housing. The Cottages was the proper development in the proper placement. It was not on a main road, it was desperately needed, it is a beautiful project. Nobody in Mattituck opposed it. It did not add any extra traffic to a main road that cannot absorb any more traffic than it already has. Also, I am worried about setting a precedent with a zone change. That's the big thing. The project doesn't, it's not even the project or Mr. Pawlowski, it's setting the precedent. What does that say to the Town Board that another developer won't come in and say, well, you gave Mr. Pawlowski this, I need this. I think the Town Board should really examine this project very carefully as to the precedence it sets. Thank you. FRANK BUONAIUTO: My name is Frank Buonaiuto, I live in Mattituck. I•spent a lot of very memorable summers on Park Avenue, off Marratooka. I decided to move out to Mattituck 4 I/2 years ago because my family, I have two children in college, one actually just graduated. I listened to everybody's comments, I think everybody has great comments, they are very valid, I think the congestion, I think the overbuilding, I think everything is very valid. -I don't think it's fair that a lot of the things that are being said, I don't think everybody understands the impact that this piece of property is going to have, whether it be with Mr. Pawlowski or another developer. I worked for the state for 15 years, I did affordable housing, I worked with a lot of large developers. If I was to have anybody build anything in Mattituck, I would want Mr. Pawlowski because Mr. Pawlowski does have an interest in Mattituck. He grew up here, he has many, many friends, family. I have no further interest in Mr. Pawlowski, I came here just to listen to what is going on. I am a little disappointed that we did not approve the affordable housing as proposed. I understand Mr. Pawlowski first bid was for 75 or 80 units, I understand he was willing to do less. I understand impact, the reasons why everybody did not want it, Southold Town Regular Board Meeting page 59 September 22, 2015 however, my parents had no place to live. They moved out here about 15 years ago, they had to leave Mattituck because they couldn't afford it. I am not sure my children can afford to live, I don't know if I am going to be able to stay here the way the economy is going, for me to have a house for my children to live in Mattituck, I thought that was a great idea, however, I understand that that amount of housing would definitely cause some congestion. For instance, let's take the Main Road, if you look at it from I guess what would be Paulson's or McDonalds all the way down to Love Lane or just a little east of Love Lane, that area of Mattituck is always going to be (inaudible). Let's face it, I think it's unfortunate, we are there, there is nothing we can do about it. if we want to go further east, we want to go further west, I don't think so. I think what's going to happen sooner or later is the DOT is going to come in, they are going to redesign that area of the Main Road. It has to because right now, without Mr. Pawlowski or anyone else developing, it's a disaster. My wife doesn't come down the Main Road, I own a house on Marlene with my sister, the congestion in the summertime is ridiculous. I think Sigsbee Road is so congested, people fly down the road, it's very, very dangerous. I think sooner or later, DOT is going to do something on that Main Road to make it more safe for everybody. So whatever goes into that piece of property, is going to be a problem either way. However, I just want to state again, if I was to approve anything in there, I would want Mr. Pawlowski to do it. Someone said and I don't like to point fingers but Mr. Pawlowski promises, he's lying. I know Mr. Pawlowski for 20 years only as a vendor, Mr. Pawlowski did my landscaping 20 years ago and that's how I know Mr. Pawlowski. I know that he is going to stick to his word and I am sure that the Board is intelligent enough to get orders in writing before they make a decision. I hope they decide to make a decision either way. I think eight houses there is going to create a lot more congestion, a lot more toll on the schools than what he is proposing as far as the three acres and giving the town the 18 acres. That's my comment. You know, I see a lot of faces here that I see locally and I understand, I respect all of your views, I understand nobody likes change. You want it quiet, it would be lovely if we had the horse and carriage back. Not going to happen. That area of Mattituck is always going to be commercial. We either find someone like Mr. Pawlowski that we can work with or you are going to get some rich person from Manhattan or somewhere else and come in here and do what they want or maybe something else that we don't want. So I would just, before we make a decision to just say no we don't want this, let's think about who we want to work with. We want to work with someone like Mr. Pawlowski that will agree to some of the terms theat the Board will come up with and the Planning Board and the zonings and everybody else or do we want to work with somebody that's going to push something else down our throat? Either way, that area is going to be developed whether it be by Mr. Pawlowski or somebody else. Thank you. SUPERVISOR RUSSELL: Thank you. Let me just remind everybody that speaks, you need to direct to the Town Board directly, not the audience. Okay? You know, one other thing I should address, Leah and is it Mr. Cooper that raised, did I get your name wrong? Mr. Carter, I am sorry. Mr. Carter, you actually raised an issue with regard to hearing. What I would propose to the Board tonight is rather than close the hearing is to adjourn it and then have it again in two weeks, to finish it up. If that would be acceptable to everybody? Okay. Paul? MR. PAWLOWSKI: Paul Pawlowski, Mattituck. I just want to address some of the questions to the Board from the audience. As far as the proposed seven lots, the reason for them being up on Southold Town Regular Board Meeting page 60 September 22, 2015 the road versus in the back is the Planning Board likes clustering and for infrastructure purposes it would be not as feasible to go to the rear of the property to do the seven lots in the rear versus in the front. So that's one, that's the reason why it's clustered up front. They believe the clustering is a better environmental impact, I think that's one of the reasons, so that's why it's together and upfront. Well, more upfront because of the infrastructure costs, the roads and the utilities to the rear of the property. And if the large lot in there was sold, I think it's beneficial that if that's a gentleman's farm or what have you, it's not on the Main Road, it's hidden. Section 8, I am not entertaining that mainly because we are in desperate need of workforce housing and this is the best way in can contribute, is to stick with that workforce housing clause without the red tape. Safety, there's, you know, we will work with the DOT and we will be paying, not the town, for all of that improvement. It is roughly 600 linear feet of road frontage that we would be paying for that improvement, not the town. And lastly, the big comment, it sounds too good to be true, it's not. I think in the last six months one of the things the Town Board was looking into was can they do a zone change subject to I don't know if that's the right terminology but I agree, no zone change should be given unless what the developer is presenting to the public is actually done. I am not asking for special favors, I have never met informally with anyone on the Town Board whatsoever in regards to this plan, so I am all for covenanting or guaranteeing what I am saying actually happens. And I think I am trying, you know, the reason I put the full page ad and spent the money to do that is I am a Mattituck resident, I want to show face. I don't want to hide, oh, I said this, I didn't do it. I did that as a promise and I am willing, if there is a legal avenue which I believe there is, to not give zoning change unless the site plans approved, I am all for that, I agree with you. if it sounds too good to be true, it might be but I'm definitely committed to what I have said. I have said it publicly, I have put it in the paper, I have put it in writing and I am more than happy to put it in a covenant. And that's it. Thanks for everyone's time. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board tonight? Like I mentioned, we will just adjourn it. COUNCILMAN DINIZIO: I would like to ask Paul a question if I could? SUPERVISOR RUSSELL: Let's have that gentleman up to speak and then you can ask Paul. COUNCILMAN DINIZIO: Don't leave, Paul. BILL GREMLER: Good evening. My name is Bill Gremler. I live in Mattituck, I am here with my wife tonight. There seems to be a qualification that I have heard tonight as far as people's longevity in town. My wife, as some of you do know, is a lifelong farm family, born and raised here 100 years ago. I am 80. I have been here 67 years and that's enough to try to qualify for being around long enough to talk. If, I have to qualify, we own the property that's probably the next commercial property to the proposal. Just to the west. We have owned it for over 40 years. I have rented it now for 20 years to a man I sold the business to and the property, it's commercial and the property to the east is commercial and it just seems that it's consistent with what's going on there. I like what I saw in the paper. I like what I hear and I just want to tell you, you know, there were a lot of strong statements like nobody wants this, nobody likes it. that's not so Southold Town Regular Board Meeting page 61 September 22, 2015 because we happen to be, I want to let you know, I know how you fella's like to count noses well, my wife and I have two noses that do agree with it and I think it's consistent and I am especially pleased with the apartments. I think they are very well needed for starters, for families, so just so you all know, it's not 100 percent no. We happen to think it's a good proposal. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? MS. GEIS: So I just wanted to ask, you are leaving this open for two weeks so publicly they can comment... SUPERVISOR RUSSELL: Yes. Just basically we will adjourn it tonight, so we are not closing it and then we will basically continue it in two weeks at the Town Board meeting. COUNCILMAN DINIZIO: My question is simple. You say you are going to make these apartments affordable but what is it about our current law that doesn't make you apply for that? MR. PAWLOWSKI: I am more than willing to apply for the affordable housing rules or put this under affordable housing clause let's call it but from my understanding, in the near future, that would not be supported by the Town Board. COUNCILMAN DINIZIO: I don't get what you mean. MR. PAWLOWSKI: When I presented the original proposal for workforce housing and you know, as the Town Board you have to look at the whole picture I guess and I believe there was some litigation when it came to workforce housing, that wasn't happening obviously in Southold Town but throughout Long Island, to be honest the Southold Town Board didn't want to get involved with so in the foreseeable future, I was told to, that that's something that until there's more understanding of that litigation, until there's a better understanding, you know, the Town Board is for workforce housing, I am not saying that but because of that recent litigation in this past year, I was told that Suffolk County workforce housing program for Southold Town would not be supported. I am more than happy to put these twelve apartments in there. in that parameter but because of the red tape, because of the litigation that the Board, I believe doesn't want to get involved in and I am not speaking for the Board, I am just telling you exactly what I have heard, the number one ingredient to keep it affordable I am willing to do and I think that's the most important aspect of it. COUNCILMAN DINIZIO: Well, I , because we heard tonight a comment about in just what you are saying, that, you know, our affordable housing code may not be enforceable. And that would, to me, say that any covenant that you put on it may not be enforceable also. And that, when I read your public notice it said something in there about restricting housing only to a certain area and you know, that's the crux of the lawsuit. So I am just trying to figure out making, how do you go about convincing us that you know, you can keep it that way? You can deny people who may come from Manhattan... Southold Town Regular Board Meeting page 62 September 22, 2015 MR. PAWLOWSKI: that is legally a challenge. I can legally enforce the rent rate by law. COUNCILMAN DINIZIO: The rate you can but not necessarily the actual people. MR. PAWLOWSKI: No, that's a legal challenge that you know, I can't but, I will tell you this, I am pretty certain the people that would be living there come from Southold Town already. SUPERVISOR RUSSELL: Can I, unless you don't want me to, can I quickly explain the legal challenge that's before with regard to affordable housing? If you really, you are going to be going to sleep in about a minute. The, under Southold's affordable housing code, it creates a scheme for basically qualifications and ownerships and part of that scheme is you need to be a Southold resident. For our particular code, the first priority is not just a town resident but a resident of the school district. That prevents, you know, the shift in populations in putting onerous burdens on school districts. That's first, is the school district. Then you need to be a town resident. Well, a lot of communities have that scheme. That scheme has been challenged in federal court because a group has said that's perpetuating what they call racial, I forget the term for it, disparity inequality. Basically what you are saying is you are perpetuating segregation of communities because if you live in a predominantly white community and you only hold that housing for residents of that community, you are going to end up with predominantly white occupants of that community. That was being challenged in federal court. If that is successful then it basically tells towns and municipalities you can't have that scheme anymore. If you build affordable housing, you need to open it up to everybody, not just town residents. It basically sets aside that whole scheme,. That's a concern that the town and other communities have. Because if you start creating affordable housing and say you know what, we are creating it for everybody, we have a hard time selling it now. if we did that and we didn't hold it out for just town residents, it would be very difficult to ever create another community. Anyway, that's a side issue. I am nota lawyer but Bill can correct me if I got it all wrong. TOWN ATTORNEY DUFFY: No, you are right on target. SUPERVISOR RUSSELL: Alright, I got one. Would anyone else like to address the Town Board before we adjourn the hearing? COUNCILMAN RULAND: Yes, I would. I would like to go back to the beginning to one of the lady's comments about why would you do this and I will go back to the beginning of the meeting where we recited the pledge and certainly the last words of liberty and justice for all. It is quite obvious in the room there are people of varying opinions on the subject before us. And our job is to in fact, listen to the people. You can't really listen to the people unless you have a hearing such as this where the people come forth, so all the people that came this evening are to be congratulated for coming out to say this is what I think about the proposal before you. I won't speak for my colleagues, I will only speak for myself, that I don't have my mind made up because that to me would be prejudicial. I want to hear what the people have to say and that's what I will use to make my judgment which I think-is liberty and justice for all. in things that are popular sometimes, people take one point of view and it's almost overwhelming and the negative Southold Town Regular Board Meeting page 63 September 22, 2015 is a very small part and it seems relatively simple. I remember an undertaking that when I first became a member of the Town Board that seemed rather inconsequential and we were taken to the mat by people who said you didn't include us in the discussion. So now we have an open forum where everybody who has something on their mind should come and bring it and tell us what they think because it is certainly not my job to suppose what you think. It is my job to listen to you and listen to what you say. It is very important because part of the democratic process, people may say, the time may be inconvenient. I happen to think that after the discussion of holding the hearing open is not going to make or break anybody. It's probably the right thing to do because more people may have the opportunity to either submit written comment or to come in person and express their point of view. Which to me is the most important part of government. I have been involved in government for 32 years, 24 in the school district and almost 8 years here. All I have ever done is listen to the people, in one venue they talked about their children, in this they are talking about their community. The issue type things are very much the same. I need to listen to what the people have to say. People have made strong comments about what has, where has Mattituck come from and where has it gone and Mattituck has changed. I have lived in Mattituck for 66 years. My father lived there for 92 years and his father lived there for 98 years and my family for 299 years. It has changed. It has changed a whole lot. We have an opportunity as a Town Board to manage the change because change is inevitable. But the one young lady made a point about not putting the cart before the horse, in other words, we need to think things through carefully before we make changes that are irreversible, the people have every right and should be heard and that's my point. I appreciate everybody who comes and says whatever is on their heart and mind, whether they agree, whether they disagree. My job is to take all that, sift it out and make a decision. And I don't take that lightly. SUPERVISOR RUSSELL: Before we adjourn the public hearing, would anybody else like to comment on this particular issue? MARGARET DECRUZ: Hi, I am Margaret DeCruz, I live in Greenport. The first statements were really about the fact that the community had already decided a long time ago that they wanted this to be residential. So it's almost like you are trying to or somebody or you have to decide, I don't know if it's a law, but it's already decided. So it is interesting now that's almost being forgotten that the community had already made that decision, that they wanted this to remain residential property. SUPERVISOR RUSSELL: Thank you. COUNCILMAN DINIZIO: Can I comment on that? Because about everybody has said that. don't misconstrue the fact that you know, we granted this gentleman the opportunity to come to present this case. That's why we are here. Okay? it doesn't mean we want it, it doesn't mean we encourage it, it means that he had an idea and he wanted, he had the opportunity through the way that we have the town set up to present his idea. Yes, that has been zoned residential for quite some time and he wanted to see if his idea could fit within parameters of what's there now, okay? so he presented it to us, we are going to make the decision but you know, any, I mean, I heard some people say that the Planning Board said that we were in agreement with it, we Southold Town Regular Board Meeting page 64 September 22, 2015 weren't in agreement, at least I wasn't, in agreement with the fact of what he wanted to do, we were in agreement that we would listen to what he had to say and we did. I am going to say personally and I am more a technician than most, I would have preferred not to know what he was intending to put there and just listen to why, the reason why he needed a zone change. Why he thinks that he can go from residential to business because in my mind, we can restrict him all he wants, it is still down zoning a piece of land and we need to know because like a lot of people said, it sets a precedent. It sets a precedent only if we accept the fact that he qualified his zone change with certain goodies, as you say. Preservation of some land, you know, maybe some affordable apartments, that kind of thing and we make a decision based on that. I think that's, to my mind I think that's wrong. We should base it on the fact that zoning is zoning and he wanted to change that zone. He would get everything in my mind, that's allowed in that zone, okay? Regardless of whether, of what he offered. And I was a little bit uncomfortable having to listen to a plan that really hasn't gone through. I am thinking that is more, you know, throwing goodies. So don't think that because we allowed someone to come in here and present his case that we prejudged it. I think that you would be wrong in thinking that any of us thought that. COUNCILMAN GHOSIO: I think it is somewhat interesting too, that these kinds of decisions or these kinds of opinions are somewhat based upon certain circumstances. Where tonight we have heard a lot of people say no, no zone change, you have to maintain that decision that was made years ago, but there's another community here that has cried out for us to make a zone change for quite the opposite reason. So it's never cut and dry, nothing is ever set in stone. I think that there are merits to both sides of the argument, in both cases actually. So to say make a blanket statement that we should, you know, we want to keep the community the way it is and stick the zoning, the zones that were created by people years ago just because it serves a particular purpose is not necessarily the right way to think about it. so my mind is open and certainly that is what the hearing is about, is the others have said. And I taking the information just as seriously and I think that this is what the process is and why it's here. I think that as a town, in my opinion, we are very fortunate to have people on the Town Board that do think like that and that do want to hear what everybody has to say. I mean, by and large, from time to time there's a general idea that comes out of discussions like this and that's what we are looking for. And I thank you folks for coming and sharing. SUPERVISOR RUSSELL: Would anybody else like to comment on this before we adjourn this particular public hearing? JUSTICE EVANS: I make a motion that we adjourn this hearing and reconvene two weeks from tonight at 7:32 PM. This public hearing is hereby declared adjourned at 7:09PM and will be reconvened in two (2) weeks on October 6, 2015 at 7:32 PM. Southold Town Regular Board Meeting page 65 September 22, 2015 RESULT: ADJOURNED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Alright, what we will do is in two weeks we are going to reopen the hearing and certainly if anyone would like to comment at that time to please feel free. That public hearing is closed, so if anyone would like to comment on any issue under the sun, they should feel free at this point. Bill Toedter BILL TOEDTER: Bill Toedter, NFEC. I am going to shift focus from western to eastern and I see on the work session you had an item this morning for the New York Assembly Standing Committee about Plum Island? SUPERVISOR RUSSELL: Yes. MR. TOEDTER: I just wanted to encourage anyone from the town who can to attend that meeting and anyone in the general public. it is an important meeting that Senator Englebright is holding. It is a round table discussion and momentum is building for the preservation of the Island, so we are hoping you will come and support that. SUPERVISOR RUSSELL: I actually went on a tour with Steve Englebright and Ken LaValle yesterday. Toured the Island and I certainly made a commitment to be there on the 28th. Thank you. MR. TOEDTER: Thank you. SUPERVISOR RUSSELL: Anyone else? David Markel DAVID MARKEL: My name is David Markel from the hamlet of Southold. I don't know, I will bring this to your attention. It is an editorial from the Suffolk Times, 'Time is overdue to ban plastic bags in Southold'. It has been 14 months since Southold Town hosted a public forum to debate banning plastic bags across the east end. At the time, the crowd overwhelmingly, not just overwhelmingly, there was nobody at that meeting who spoke against the ban, supported an edict preventing businesses from giving out plastic bags at checkout lines. It's been nine months since Southold, Southampton and East Hampton towns banned single use plastic bags not as Supervisor Russell said at the last meeting, perhaps they did it in the last week and that's why.. SUPERVISOR RUSSELL: That's not what I said, Dave. I didn't, what I told you was I knew the Town of Southampton voted it down last year. I recently came to understand that they put it up for another vote and it passed this time. Southold Town Regular Board Meeting page 66 September 22, 2015 MR. MARKEL: Well, if you listened to WLNG in the morning then you would have known when it happened. SUPERVISOR RUSSELL: I wish I had. MR. MARKEL: Or perhaps if you were more interested in the issue, you would have known when it happened. SUPERVISOR RUSSELL: I have done quite a bit of research. MR. MARKEL: It has been a week since more than a dozen residents marched to the podium at Southold Town Board meeting and urged members to consider banning plastic bags which environmentalists warn have serious effects on local wildlife improperly disposed of and yet, Southold Town Supervisor Scott Russell still says he won't even discuss a ban on the town level. SUPERVISOR RUSSELL: That is incorrect. He is wrong. Whoever drafted that is wrong. I said I wouldn't consider, you would ask me if we would propose a local law and I said not at this time but I am always willing to entertain a discussion, absolutely. I even offered to go talk to Riverhead, my understanding is there are two supervisor candidates, both support a ban and I said as soon as Riverhead is in, I would be the first to support a ban in Southold Town. MR. MARKEL: Sure, as long as Mastic or someplace else, Suffolk County, you know, it's called leadership. It's not, you can't lead from behind. You can follow from behind and that's what this Town Board wants to do. it wants to follow. Well, I want,you to be leaders. COUNCILMAN GHOSIO: I wouldn't characterize it that way. MR. MARKEL: Alright. I have the floor right now, thank you. Alright, so that's enough of that. Your advertisement, the Russell team preserving the rural character of Southold Town, saving tax dollars, protecting our quality of life. I have presenting to you tonight another approximately 175 signed petitions asking you to be leaders, to ban plastic bags. Single use plastic bags. I also have been starting to canvass businesses. The only two businesses you have mentioned so far are IGA and 7-11. The following business owners or managers of these businesses have signed the petition, Aldos, the Market, Noah's, Greenport Bridgehampton Bank, Brown, Harris Stevens in Greenport, Nice Haircuts, Cube Smart, Beninati Real Estate in Southold and by the way, Mr. Beninati would like you to know if you do need a bag, they have plenty over there to give away. North Fork Cap and Corks, Southold Acupuncture, Eastern Holistic Center, Elmer's, Corcoran Real Estate of Southold, Joan Tyrer Realty, Bath and Linens of Southold, Southold Pharmacy, Coast, North Fork Specialty Kitchen, A Taste of the North Fork, Whiteflower Antiques, Lost and Found, Jen's Luncheonette, Krupski's Farmstand and that's Al who signed the petition, Mullen's Motors both Richie and Richie's Dad, NoFo Coffee Company, Staples Monuments, Silversmiths of Southold, Hall Chiropractic, Townsend Manor Inn. I have some more too, I will give them to you next time. I submitted a FOIL to your office, Scott asking for the number of electronic correspondence that you have received on this issue. Will I be getting a response on that, Scott? Southold Town Regular Board Meeting page 67 September 22, 2015 SUPERVISOR RUSSELL: That gets sent to the Town Clerk and I believe she will consult with the Town Attorney? TOWN ATTORNEY DUFFY: Yes, I received it today. You will be getting a response. MR. MARKEL: Thank you. Does anyone on the Town Board know how many signed petitions have been submitted? Or have an idea of how many? We were here last week and the 100 I submitted before? COUNCILMAN GHOSIO: Exact number? No. MR. MARKEL: Approximately. COUNCILMAN GHOSIO: Quite a few. MR. MARKEL: Quite a few. Mr. Ruland, you, and you were quoted in the newspaper, correct me if I am wrong, saying the first thing I want to do is read the petitions. Have you read the petitions? COUNCILMAN RULAND: No. MR. MARKEL: Mr. Ghosio? COUNCILMAN GHOSIO: This would be Mr. Ghosio, yes. MR. MARKEL: Philosophically I am not opposed to it to begin with. That kind of floats out there for me. What does that mean? COUNCILMAN GHOSIO: It means I am not opposed to it. MR. MARKEL: How does it work on the Town Board, bringing up a law? Can anyone bring it up and have a second and put on the agenda or does it have to be run through you, Scott? SUPERVISOR RUSSELL: No, I don't set the agenda,the entire Town Board does. MR. MARKEL: So you could, Bob. You could say I want this law and maybe perhaps Mr. Ruland, after he reads the petitions, will second it, perhaps? COUNCILMAN GHOSIO: We can bring it up. Something will have to be drafted, we'll bring it to code committee. MR. MARKEL: Alright. Oh, one other thing. I want to thank, I had a back injury this week, I wasn't able to get all these but I did have some people who are supporting me in this issue and I want to thank them. John Jackson, Ebolo Perez, Elly Hall, Margaret DeCruz and Maggie. Thank you for your time. Southold Town Regular Board Meeting page 68 September 22, 2015 SUPERVISOR RUSSELL: Sure, Dave. Margaret DeCruz MARGARET DECRUZ: I will follow David because I am Margaret DeCruz from Greenport and I also gathered petitions. It was so funny, everybody I asked if they were interested, you know, first you just show them to read the petition, you don't say will you sign this. You say will you read this and then if you would like to sign it, that would be great and everybody wants to sign this thing about banning plastic bags. And I had one guy who owns a construction company, he said to me what are you going to do, make me buy a canvas bag and then I am going to forget to use because I leave it in my truck? And I said, yeah. And he said, good because that's the only way I am going to do it. if somebody makes me do it. And that's how people are. You know, you need an incentive and it's not about, like, when you look around the world, there is so much plastic everywhere. Everything is made of plastic and this is an easy thing for people to do, to reduce the amount of plastic in our world that's destroying lots of animals, you know about these things, the plastic ocean thing and all the animals that are eating it and its bad for our bodies. I mean, there's so much negative stuff. We need to stop using it willy nilly. It's all in the trees, so this is a way and yes, there are 133 counties or states in the United States that already have some kind of ban on single use plastic bags. If you look at the north fork Audubon Society website or, they have a thing, you can go on there and look at the reasons to do this and all of the countries and states and counties that are already doing stuff. It's not that hard, you know, people will have to change their behavior and this is one way. So I heard that the Town of Southold thought it was bad for business so that's why David suggested let's go to business owners, so they, besides like 60 regular people, I also got or 80 people, I was going around to businesses and the owner or managers of these businesses were like, yeah, I mean, you know, so Salamanders, Vino and Vittles, Riverhead Lumber Supply, South Street Gallery, Costello Marina, East End Charters, North Fork Auto Repair, Provisions, Wesnofske's Farm Stand, Burton's Bookstore, Colonial Drugstore, Ted Schroeder Home Improvement and New England Barns. So you know, those are all business owners. Some of them are retail stores and they are for banning these single use plastic bags. COUNCILWOMAN DOHERTY: Can I ask you a question? MS. DECRUZ: Mmmhmm. COUNCILWOMAN DOHERTY: In your discussion with them, did they say they would just take the initiative and just do that? Just upon the discussion or would they wait to be told to do it? MS. DECRUZ: I think policy has to happen. You mean the business owners? I think there needs to be a policy and then that can happen. That's why towns are doing this. SUPERVISOR RUSSELL: I can appreciate all this but you know, I went to the Greenport- Southold Chamber of Commerce a few months ago and put this issue before them and there wasn't the support that you might suggest. I imagine many businesses do support it but like Jill just asked, they have the free will to impose something now. also, one of the people that supported the ban got up two weeks ago and discussed the fact that paper or compostable plastic Southold Town Regular Board Meeting page 69 September 22, 2015 aren't much of a better option. I have to be candid, I think it's unrealistic to think people are going to change their shopping habits overnight because of the ban. What's more likely are businesses are going to look and adapt to the customer demands by looking at those options such as paper and such as compostable plastic. The businesses talk about the cost which is like nine times the cost of the current plastic and they look west and they, I don't know, some lady before suggested I am schilling for corporations, I don't know where that comes from but what we have is the big box store as it is. What you are asking is to layer a cost, an additional cost on local businesses when the other businesses to the west don't have that competition. They are already having a hard time competing with the corporate businesses to the west but you want to layer an additional cost on them and I don't think that's fair. Now if you level the playing field and by the way, I realize there are candidates out there that are championing this now, who ironically several months ago opposed it but seem to have a malleable point of view, the fact is we have a county executive and a legislature, why aren't we taking the issue to them? Why aren't we taking and saying, you know what, let's do a countywide ban? They have authority we don't have. They can impose a user tax. We can't do that. They can impose, why, for the benefit of the environment, if the entire county were all in, I think that would be a great idea. Why aren't we taking these petitions to these legislative bodies? And certainly that would put all local businesses on a level playing field with all the rest and under those circumstances I would have no problem supporting it and that's a big concern to me. It was a big concern to the Southold- Greenport Chamber of Commerce when I spoke to them a couple of months ago. I mean, certainly if they are revisiting their opinion on it, I would be happy to have a new discussion on it because I am always willing to discuss it, despite editorials that make comments to the contrary. MS. DECRUZ: I don't think that people, businesses, would really have a hard time doing something. People probably would have to buy a paper bag or what it does is it deters people from just going, plastic bag, sure. It's behavior change and if you believe in preserving the environment, I mean, if going to legislature, I don't know about law and how to make it happen but if you guys, if we need your support, I just think it would be helpful for you guys to read a little more about it. it is not that hard. You know, people resist initially and then people do it. And it gets better. SUPERVISOR RUSSELL: I assure you, I have done an awful lot of research on the issue and it's a troubling issue for me because I think they need to be banned sooner or later on a more global scale certainly, but they need to be banned sooner or later. MS. DECRUZ: Well, let's start here. SUPERVISOR RUSSELL: Alternative products are starting to show up on the market because they are responding to the movement away from single use plastic. Linda Goldsmith LINDA GOLDSMITH: Hi, Linda Goldsmith, East Marion. The other day I happened to be in Southold IGA for about 3 1/2 hours and we just decided to do a little informal survey. One out of every five shoppers right now is carrying a reusable bag and I think I said at the last meeting, Southold IGA gave away reusable bags. So if you charge people in the first few months for a Southold Town Regular Board Meeting page 70 September 22, 2015 paper bag, you are not passing the cost on to the business, you are passing it onto the consumer and honestly, I can't for the life of me think of anybody, especially from Southold, maybe Mattituck or Laurel, they are a little closer, to use the Stop and Shop or someplace else just because they are going to get a plastic bag. I just and maybe I am being naïve but I just... SUPERVISOR RUSSELL: You are misunderstanding the issue. You are completely misunderstanding. MS. GOLDSMITH: Okay. SUPERVISOR RUSSELL: What I am saying is local businesses have to operate under certain costs, right? If they say we can no longer use single use plastic bags, we need to find alternatives such as paper or compostable plastic. Those alternatives are about nine times more in cost to them, so in other words it's their cost of operation. I am not suggesting people are going to drive to Stop and Shop for plastic bags, what I am suggesting is, they are already having a hard time competing, keeping their prices low enough to compete with corporate giants and what we are suggesting is we should layer this additional cost on them at a time when those corporate giants don't have to and that from anybody's sense of fair play should say why are we giving these corporate empires more of a competitive advantage? It makes no sense. MS. GOLDSMITH: I think you are misunderstanding me. What I just said about 30 seconds ago was that if you phase it in, which you need to do, it needs to be phased in, while you are doing it, you use a biodegradable paper and you charge the consumer for it. Because if they charged me 25 cents a bag, whatever they charge me, guess what? Within two or three times, I would be remembering my reusable bags. I would be. It was like when they banned was it the phosphates in detergent? Detergents we used for a while were disgusting. Yeah, there were people who went to New Jersey and bought the clandestine Tide or Wisk or whatever but we all got used to it and eventually they started to manufacture detergent that was palatable and cleaned our clothes. And this is the same type of a thing. You know, I am not trying to stand on a soap box and make this a huge issue. Maybe you could try it. Maybe you could just try it. if it doesn't work, bring the bags back. If everybody is losing business and they come to you and they say, oh my god, everybody is running to Riverhead, bring them back. SUPERVISOR RUSSELL: Well, they are saying that now. COUNCILMAN DINIZIO: Can I comment on that? MS. GOLDSMITH: Well, I don't know... SUPERVISOR RUSSELL: I actually like that phase in idea that you just floated. I actually like that idea. COUNCILMAN DINIZIO: but I think it is being phased in, quite honestly. MS. GOLDSMITH: Voluntarily. Southold Town Regular Board Meeting page 71 September 22, 2015 COUNCILMAN DINIZIO: Right. Right. And I don't see any reason to mandate it quite honestly. More education will get, more people can afford those bags to do it. Because there are people that cannot afford that. There are people that cannot afford to wash those bags, there are people that can't afford a quarter or 50 cents or $2 or whatever it is going to be for their groceries. Because you stand outside the IGA in Greenport and you look who those people are, you will know who they are. Okay? They cannot afford that. Canvas bags, I just wrote down some things here, they are unsanitary. That's what I heard researching. You put some chicken in there and you don't wash that bag, two weeks later, you have got poison, okay? They have got to be washed. There are people that can't afford whatever extra it is, to go to the laundromat to wash bags. There's a problem here. MS. GOLDSMITH: They were giving them away. COUNCILMAN DINIZIO: Okay, there's also, I have the floor. I have the floor. Phosphates were phased in by the county, okay? And the reason was, they had the where with all to investigate that. To justify the reasons for that and I can remember people living in Huntington and going to Farmingdale, okay. I can remember that but that was so many years ago and it was a countywide ban. And honestly, that's what I am looking for. I am looking for someone who is qualified to do it and the town is not qualified, in my opinion, okay, to do that. Number one, we don't have the enforcement mechanism. We can't even afford to keep people from renting their houses as motels in this town. And now we are going to stand outside IGA and tell some poor woman who has got six plastic bags in here grocery cart that she is going to use to walk home in, okay, that you can't use that anymore, that she has to go out and purchase that bag and she has got to wash that bag every week? I am sorry, I think if it needs to be done, it needs to be done on a wholesale basis so that we are not having to worry about people who want the convenience. Let's face it, plastic bags are here for a reason. The reason is, they are convenient to use. You can carry three in each hand. You can get all your groceries just about in one trip from a car, as opposed to a brown paper bag which weights, someone says, about 6 or 7 times more than a regular plastic bag and it takes up about 10 times more space which is more space that is needed in the IGA to store their bags. It is more times for that person to go to that room, pick them up, bring them to the register. Many more trips it is going to take, okay? It is more gasoline or fuel for that truck to truck those things out of here, okay? And put them back. So there's a whole lot more than just saying, let's ban plastic bags. My understanding is it's only banning plastic bags for the major shopping places, it's not for the farm stands. That's what I heard someone say here last time and if that's the case, why? And why is it Glad bags? Why isn't it, you know, plastic wrap, saran wrap? Why isn't it any of that, which is just as malleable,just as much you can find in the air as these bags. Look, I just want the level playing field and if you are going to have a level playing field, you have got to make a decision that number one, you can enforce and we just simply are not going to be able to enforce that. I just don't see any reason why we should be sending people around checking to see if you are using plastic bags. People are going to use them, no matter what. If they can buy them, they are going to use them. And no one says here that you can't buy these bags. We are not saying that they can't buy these bags because they can if they want to. And they can use them. I think that plastic bags are convenient, they are recyclable and in our town we don't take our garbage and barge it and put it in the water, okay? We recycle those bags. No matter how you look at it, that's what happens in this town. We have Southold Town Regular Board Meeting page 72 September 22, 2015 been responsible, most people agree with, most people concur with that. Most people do the recycling. We have a pretty high recycling rate and there is a reason for that, these bags can be recycled. And the more you talk about it, the more people are using them. I see people, you know, these new cloth bags being used much more than I ever did. More thanks to the people in this audience, the Suffolk Times writing an article like that. That you know, for us to make a law for it, it's in my opinion a first world problem. It's something that we worry about but there are so many other things that this town needs to handle, of so much more consequence to people's lives in our town than whether or not someone can carry six bags into their house. MS. GOLDSMITH: Can I respond please? First of all, plastic bags came about because they were cheaper to use than paper in the supermarkets. That's why plastic bags came about. You just said that yourself Plastic bags are cheaper than paper. That's why they came about, not so people could carry more, not because we love them so much. The other thing is, I understand you point about people not being able to launder certain things however, the bags that were given away for free in both of the IGA's, given away for free, okay, and I said this last time. COUNCILMAN DINIZIO: All that without a law, by the way. MS. GOLDSMITH: I beg your pardon? COUNCILMAN DINIZIO: All that without a law. MS. GOLDSMITH: They were given away by the stores. COUNCILMAN DINIZIO: All of that, what you just said, without us having to make a law. MS. GOLDSMITH: Okay, may I finish please? I have the floor right now. They were given away for free, they aren't launderable. What you do is you take a cloth and you clean the inside. Usually everybody has water. Most people have water. And I will tell you that we may recycle plastic bags but this year I was a park employee at the same beach and I could tell you that most of the things that I picked up were plastic bags full of trash all over the beach. Some of them were filled with other things other than trash, too. And I wasn't really happy. I don't know, I don't think anybody would have put it in cloth but what I am hearing and you know, you are going to have to forgive me but what I am hearing is, you are waiting for someone else like Riverhead so that we don't burden our merchants here so basically you want the responsibility of this to go to someone else and you don't want the responsibility. I am sorry, that's what I am hearing. But I thank you for listening. COUNCILMAN DINIZIO: Thank you. I don't believe it has anything to do with responsibility. It has to do with governing ourselves and being able to say, to do what we say we are going to do. If we say we are going to ban plastic bags, then we must be able to ban plastic bags and I don't believe that in any way we can actually do that to any degree of equality. Because those plastic bags could come in from people coming in and bringing their bags to the beach from Nassau, from Riverhead, from Mastic, wherever, that doesn't necessarily mean that they are Southold Town Regular Board Meeting page 73 September 22, 2015 getting them from our IGA. Or our 7-11, okay. those bags come from many other places besides that. Ms. DeCruz MS. DECRUZ: Can I speak, please? We are not talking about banning all plastic because as you see, plastic is everywhere, okay? The single use plastic bags are not recyclable, so you are incorrect. Those bags are not recyclable. That's why they are cheap, they tear easily. Sometimes they have a h ole in them when you get them. And you know, some of the things you just said, like if somebody has chicken, the chicken is already wrapped in plastic. Nobody is saying you can't use some plastic bags. I still use plastic bags. I reuse my plastic bags but I always bring my own bags to the shopping, I carry them or, because why keep using this plastic when we don't need it and we already have a ton of plastic bags in our houses and I am not saying, yeah, there's all different kinds of quality plastic bags but a lot of the things you just said, I was like,huh? COUNCILMAN DINIZIO: Ma'am, you should look at every grocery store, there's a place where you can recycle those... MS. DECRUZ: some. there are some places. Not every place. COUNCILMAN DINIZIO: Okay, you just said that they weren't. MS. DECRUZ: I mean recycle where they are... COUNCILMAN DINIZIO: Inaudible. MS. DECRUZ: When I am saying recycle, I am not saying you can use them again, I am saying like with plastic bottles, they do stuff with it and then it's made into something else, you can't do that with those single use plastic bags. Once they are shred, they are done. It's just trash and that's just plastic going into landfills, going into the ocean. Disintegrating and turtles are eating them. I mean, I would appreciate it if you did more reading about this. I think you might change some of your mind because we are not talking about eliminating all plastic, you can't use it, no you can't no... COUNCILMAN DINIZIO: I never said that, ma'am. MS. DECRUZ: Well, it sounded like you have all these reasons that you shouldn't.... COUNCILMAN DINIZIO: One single little bag that everybody seems to like the convenience of, that everybody went to, okay, for the convenience. For the affordability. Okay? That's why we got to the point that we are with these plastic bags and guess what? That benefits everybody. That benefits the poor lady who has to go in there and pay with an EBT card, okay, and can't afford to buy a bag that as you are suggesting right now. And can't afford to then take her cloth bags and re-launder them. It's a tough nut for some people. Southold Town Regular Board Meeting page 74 September 22, 2015 MS. DECRUZ: I know a lot of people with EBT who use either cloth bags, I mean, that to me was like let's pick something that really sounds like oh, my god and let's use it to fight the idea of eliminating.... COUNCILMAN DINIZIO: You know, it works the other way around, too. You know, you are painting a picture here that honestly, we in Southold Town do not really contribute to, okay. we recycle all of our stuff and all of our stuff go in the yellow bags or they go into and they get incinerated someplace. They are not getting dumped in the ocean. I agree with you, incineration is not the best either but we are not the ones that you described to me that these bags are killing animals. We have done some pretty responsible things so far, okay? And all I am saying is and I think I have heard it from the other people on the Board is if we are going to do this thing, let's keep it a level playing field for everybody because some of our businesses need that and there is a reason for that, okay? And the reason is affordability, being able to go and buy your groceries. You know, it's sustainable, people have to eat and the least amount of money they can spend, the better it is. MS. DECRUZ: I don't think this is going to stop anybody from eating or buying what they need but thank you very much for listening. Bill Shipman BILL SHIPMAN: Bill Shipman, 75 Horseshoe Drive Cutchogue. Jim, thank you very much for the help or the information... COUNCILMAN DINIZIO: Better make yourself clear on that. You aren't talking about bags, are you? MR. SHIPMAN: No, no bags and no commercial properties. I am actually talking about the motor carrier task force. I think that really shows that that problem is still in existence in that section of highway and you know, I know I have beat it to death, this is the fourth year of beating to death the problems that exist in this area and unfortunately, that horrible accident that I am not the first to mention tonight. It has already been mentioned in the public hearing prior to this. That tragedy happened because something, they are doing those, attempting those turns and they are getting stuck and they are backing up which an illegal U-turn turns into a dangerous action and a failure to yield, so you know, the motor carrier issued 34 violations, equipment violations and nine summonses over the last two weeks. This is starting again, so people have forgotten. Are we going to try to continue the enforcement in this area I hope? SUPERVISOR RUSSELL: Yes, like we have all along. Absolutely. COUNCILMAN DINIZIO: I have to say something. That was not my idea, that was in the hopper a long time ago. MR. SHIPMAN: I am sure it is. COUNCILMAN DINIZIO: But (inaudible) really was a direct benefit from us hiring the eight officers we did last year, because we were allowed then to participate with the county and the Southold Town Regular Board Meeting page 75 September 22, 2015 county is more agreeable to coming out and helping us with their manpower, so, listen, we all live with that. I think about that almost daily, okay, what happened. And we, I think this last time, sent a message to some people, that they, we are going to enforce the law. Now, can we do it every weekend, no, I don't think so. MR. SHIPMAN: I am not asking you to do it every weekend. If you want to go into, for years, we have been asking for target enforcement which I am telling you or people have told you that this particular issue is happening at this particular time. When we call to complain or when I call to complain or to let somebody know that something dangerous which has been proven, happened. Then yes, you do send the patrol cars and I am not going to, your FOIL'd police reports definitely back up that your police department has done that job when we call but over the last four years, I have been here saying this is continually still happening and I don't want to beat it to death and point fingers but it's still happening. So what I am asking you, so I don't have to explain to my kids again why something terrible happened there or why something terrible happened again, let's give it an opportunity of these people doing these actions because they want to save time. because it is going to take them eight minutes to go around in a traffic plan that's been set up through the Planning Board and the ZBA and I know nobody wants to talk about this but this is still happening. We have said over the extended time that this is going to happen. So I am not asking for the motor carrier every weekend but now that we have ample staff, you have hired the eight new police officers, on Saturday's between the hours of 3 and 5 or 3 and 6, what time did the accident happen? Shortly after 5 and you know, you can roll your eyes, look away to the side but I don't want to be here. I sat here for almost 3 hours, to ask, if that happens, that traffic enforcement happens. Stuff was produced. Violations were produced. Sure you can go find any violation you want eventually but a bus was ticketed in the same intersection doing the same action. So that problem still exists and I am asking that we take some of our local enforcement and target enforcement that area and the county has already proved to you and the state has proved to you, that if you ask them for help, they will give help. So if we can't do it here because of restrictions, resource restrictions, then let's ask for a little bit of help. The week after that happened, the county motor carrier came out because that's their road. Shortly after they pulled out, the deputy sheriff's pulled in with a DWI patrol. So if you can't put the car there on Saturday from 3 to 6 or 3 to 5, then ask somebody else to do it. the state police was there, they did the investigation. So that's all I am asking for is help prevent another one. You are going to spend years digging out of this. COUNCILMAN DINIZIO: No, you are right, Bill. MR. SHIPMAN: Thank you very much for listening. COUNCILMAN DINIZIO: You are welcome. MR. SHIPMAN: Thank you for the satisfaction that somebody is listening. Thank you all for the help that is going on but like I said, I beat it to death. It is still happening, so who am I if I don't keep saying it is still happening. I am the fool that shuts my mouth. I shut my mouth for six months and the terrible thing that I said might happen and Denise Lademann said might happen and somebody on channel 12 news the other night, it is bound to happen again. That's going to Southold Town Regular Board Meeting page 76 September 22, 2015 happen, if we have a little chance of preventing that from happening again, I think we should take that and you know what? For three hours of overtime, for once a week for four months, until the people get the idea that yeah, if they catch me doing that at that particular place, then I am going to get a ticket and I have got to come back out here and do the court process. Three weeks of enforcement might give you six months and then if you have to enforce it again later, then go back to it but I have said it in the past, I am tired of coming here and if nobody comes and tells you, it is going to happen again and next time it might not be somebody from another place. My family went through that intersection 5 minutes before. We answered questions that we didn't want to have answered. Thank you. COUNCILMAN DINIZIO: Bill, I just want to comment that you know, you are here as a result of us taking some action, okay. And I know that you are encouraging more and we have been, in the past year, like I said, we hired 8 more police officers. They are just now coming on, really. The past six months, you have to train them, you have to do your thing and I am not guaranteeing you that tomorrow something is not going to happen. I could tell you this weekend, it is not likely that is going to happen because the Maritime Festival is going on but you know, to my mind that's always on everybody's mind. The police had to show up to that same thing and have that image, I know we also have hired a new highway patrol officer, so you know, there's more attention being given to that part of their duties. We have two guys now instead of one. MR. SHIPMAN: Put yourself in the position where you are at your home, you see a particular dangerous action happen because it's in the vicinity of one establishment. Take the establishment away, they are not there but that's why they are doing those actions there. But if that's happening and nobody says anything then we all go, how did that happen? So.. COUNCILMAN DINIZIO: Well, if you are talking about the establishment, look, I think we are doing pretty good there, too. SUPERVISOR RUSSELL: Bill, I want to clarify... MR. SHIPMAN: And I am not complaining. SUPERVISOR RUSSELL: I just want to clarify so you understand tonight, I am not ignoring you tonight. I have lawful litigation pending, so I can't comment but I really, really want to. MR. SHIPMAN: I would never ask it and you know, sometime... SUPERVISOR RUSSELL: We have had dialogue over the years, so I don't think I have ever ignored you in any way. I have been out there no less than a dozen times at your request. MR. SHIPMAN: You want to say, make myself available as you have made yourself available to me and you know what? It won't go any further. It doesn't go anywhere but I am just saying, what I am really doing is, I am begging you to take a couple of hours. The cost of doing that overtime now, to the litigation over the next five years is going to be peanuts. Peanuts. Literally a police officer is on the side of the road discussing with a guy that is a pain in the neck, what the Southold Town Regular Board Meeting page 77 September 22, 2015 guy is seeing. You hear the horn blow, then a limousine drives by. A guy pulls up behind the officer, hooting and hollering about what almost happened. So, it's there and the young gung ho cops, he is going to do this and he is going to do that. You don't have the heart to tell him that nobody is going to listen to you. But they are trying, so leave it at that. I am talking in circles and thank you. Scott,thank you very much for that. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Robert? Do you dare? You are the last one. COUNCILMAN DINIZIO: When we mentioned Goldsmiths I thought you would get up about that. We have a resolution about Goldsmiths. Did you miss it? Okay. Supervisor Russell SUPERVISOR RUSSELL: Can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:52P.M. * * * * * a. n t d. Eli i.eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell