October 23, 2025 — Town Board Work Session

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0:00Thank you.
0:30Thank you.
1:00Thank you.
1:10Thank you, sir.
1:11Thank you.
1:14Okay.
1:15We have a couple of items up on the open session.
1:18The first one we have up is matters surrounding the update on planned improvements to Bayberry Park,
1:25and that will be with Hubbard and Rothwell.
1:27And I think we have...
1:30Marge Acevedo here from the Parks and Recs Commission, if you wouldn't mind coming up.
1:35We have Ken Testa and Drew Dillingham, our town engineers.
1:39You guys come on up.
1:41And we have Jeanette, head of our finance department.
1:46Come on up, and we can talk about all good things Bayberry Park.
1:53You say Bayberry Park, but we also refer to it as Police Officers Memorial Park as well, right?
1:58So we honor our police officers.
2:00Thank you.
2:05Okay.
2:05Thank you.
2:06Who would like to start off?
2:09I'll jump in.
2:10Okay.
2:10So we were asked to look at the parking lot of Bayberry Park and do an assessment, which we did,
2:15and it's in pretty bad shape.
2:17It really hasn't been touched in many, many, many years.
2:20It's got a lot of potholes, a lot of drainage issues.
2:23So we gave it a quick go over and came up with some options on, you know, what could be done to it
2:29and what it would cost.
2:30And tried to come up with a reasonable plan that would provide a nice level parking lot with good drainage
2:36that will serve us for 20 to 25 years at a reasonable cost.
2:40So what we propose to do is to go in and mill the entire parking lot rather than just overlay it,
2:46which is a little cheaper, but if you have potholes, those potholes tend to come back
2:50because there's a reason down below that that pothole started in the first place.
2:54So we would grind it all up into millings, use those millings to regrade the whole,
3:00the whole parking lot to get the water to go where we would like it to go.
3:03And then it would pave over the top of that, a two-inch overlay, stripe it.
3:08We're going to add eight or ten, I think it was eight, eight drainage rings in a couple of spots
3:14where there's a history of pooling water and water flowing off onto the tennis courts.
3:19So it provides some drainage.
3:21We'll repave the walkways, restripe everything.
3:24We're going to do some asphalt curbing in areas where water is going off onto the neighboring property.
3:30And I think we'll have a good job for a reasonable amount of money.
3:34I think we've budgeted around $325,000 is the budget.
3:38We hope to come in under that.
3:40We always aim for that.
3:43We always like to see that.
3:43Yeah, we're going to try.
3:44We're going to try.
3:46Jeanette, maybe you can explain where the funding's coming from.
3:49Yeah, so primarily the funding's coming from the cannabis tax,
3:53which has provided great use for some of the parks this year.
3:58It's wonderful to have some extra funding.
4:00We've had a lot of funding to be able to use.
4:02So without that, we would not have been able to make these improvements.
4:05So the majority of the money's coming from cannabis.
4:08Off the top of my head, I'm sorry, I just got pulled out.
4:10I can't remember where the small dollars are coming from.
4:13But the majority is cannabis tax.
4:15The smaller amount is coming from the recreation .
4:18Well, that's right, park and rec.
4:19That's right.
4:20That's right.
4:20Yeah.
4:20Right.
4:21Park and rec fees.
4:22We just spoke to Marge about this.
4:23And she spoke to all the members on the Rec Advisory Committee.
4:27It was unanimous, the support for this,
4:29because it's .
4:29It's so badly needed.
4:31I mean, it's been one of the priorities of our top five improvements
4:37that are needed in our parks.
4:38I mean, Tim knows we need many.
4:40We've heard this for a long time.
4:42Bayberry is at the top of the list.
4:43Bayberry is really at the top of the list.
4:45It's almost dangerous.
4:47I mean, the handicap accessibility really needs an improvement.
4:54And I think that, you know, Tim and I have talked about this, and Ken
4:58and Bob, as far as ADA accessibility is the problem more than anything.
5:07And I think that we should really look into ADA grants.
5:11Because I think there is money out there, ADA money out there,
5:15to improve this essentially that way, too.
5:18And add to it being more accessible down to where the area is.
5:25Yeah. We have some ideas on what we may be able to do.
5:28I think we have a way to accommodate that at a reasonable price.
5:31I know in the past, because of that steep drop off of that slope,
5:34you can't really get the right angle in that short distance.
5:39So they've been talking about doing, you know, back and forth, back and, yeah.
5:43But we might have another idea that we're knocking around with
5:46that we think we may be able to fit within this budget.
5:50So let us play with that a little bit.
5:51I don't really want to get into it too much.
5:53But I think we have a way of resolving that problem.
5:56As long as you're aware, I think that's.
5:58We are very aware.
5:58We're aware of it.
5:59And I think we.
5:59Yeah.
6:00Just to look at it, you know.
6:01Yeah.
6:01And become aware of it immediately.
6:04You really do.
6:05We're looking at the possibility of maybe paving the roadway.
6:07When you first come in the parking lot, there's a service road that goes down
6:11that the maintenance workers use to get their equipment down there.
6:13And the construction workers were thinking maybe we pave that
6:16and we put a small paid parking area down below that would accommodate two
6:22or three handicapped vehicles.
6:24And we make the handicapped, rather than try to get the handicapped person down by.
6:28Right now, if you went in a wheelchair, you'd never get out.
6:29Get them out of the car and then let them out.
6:30So we're playing with that and we're hoping we can fit that within the budget.
6:31We're just playing with elevations and making sure all the soles work out.
6:32Great.
6:33Oh, thank you.
6:34So if we can get that in there, we're going to get that in there.
6:35Otherwise, the other option is pretty expensive and we'll look at grants for that.
6:36Maybe this could be a short term solution.
6:37Yeah.
6:38I think that's a great solution, actually.
6:39I never really looked at that side road, but that's a great idea.
6:40So for our residents that aren't familiar with maybe with Police Memorial Park or Baby
6:54Baby Park, you know, maybe they're not familiar with that.
6:56Maybe they're not familiar with the park.
6:57Maybe they're not familiar with the park.
6:58I'm guessing it's called Crockberry Park.
7:00It's almost like a 2 level park.
7:01The parking lot is basically the upper level.
7:04And the park itself is what we would refer to I guess as the lower level.
7:08There is a slope that goes down.
7:10And it's a pretty steep slope.
7:12Steep.
7:13Steep.
7:14Steep.
7:15Steep.
7:16Steep.
7:17Steep.
7:18Steep.
7:19Steep.
7:20Steep.
7:21Steep.
7:22Steep.
7:23Steep.
7:24Steep.
7:25Steep.
7:26Steep.
7:27fixing that parking lot would be such an advantage to all of them coming in
7:33because going in your cars like this going in but that'll be great really
7:38well we're very happy about this the committee was very excited when I called
7:43them I have to tell you so can I just clarify in terms of with funding because
7:47I just for the general public that might not be aware park and rec fees is money
7:52that is paid separately by developers so when an apartment is built downtown
7:57for example or anywhere in the town of Riverhead current fees they have to pay
8:01five thousand dollars into the park and rec fees and that so that money is used
8:06to upgrade and spend on parks obviously but it's not taxpayer money and so and
8:12then in addition you have the cannabis side which we know is that's that's the
8:16tax that we're getting on cannabis but again not taxpayer money so I just like
8:20to emphasize to on a project of this magnitude that we're spending well over
8:23three hundred thousand dollars and it's not taxpayer money and that's just
8:27important to hit home on this so like you know that we're able to do projects
8:31like this through development fees through cannabis fees and you know we're
8:35always looking for grants and we're looking for every other opportunity but
8:39I think that's the fiscal way to do it I'm just so proud that this project is
8:43getting done and as far as timing goes we have a purchase order in we have a
8:47contractor lined up we were able to make it fit into some annual construction
8:52contracts that we issue every year we're riding on a couple of county items so I
8:57think that's the way that we're going to be doing it and we're hoping to have
9:01a purchase order within the next few days and the contract has only been
9:05already been advised so obviously we're we're facing a winter rapidly approaching
9:09winter so the goal is to get it done before the plants close sometime around
9:13Christmas time so within the next two weeks we hope to be out there grinding up
9:17the parking lot that's the goal correct me if I'm wrong but I think it's the
9:22only park we have in waiting River playground and ball field playground and
9:27the only one out of all the parks in the town you know we've had a lot of people
9:31approach us so this is wonderful it really is and for the residents on
9:36Bayberry Park is a separate side note Bayberry Road is being repaved as well by
9:42the Highway Department that is just happened to be on the list so it's kind
9:44of interesting that the residents that live over on Bayberry Road in waiting
9:49River are gonna see a new street as well as a whole new parking lot so getting
9:53their attention there in waiting River so it just happened to coincide Mike's
9:57Mike's
9:57you know each year creates a list and of priority and there's a number of
10:01streets up in waiting River that have been done this year so and I'm glad to
10:06hear that you know possibly there'll be a line item for the parks improvements
10:11for next year I think that's a great we have we have to start someplace and you
10:17know what we don't use it to the next year you know and just build up a fund
10:22that we can go to when we have an emergency because we really were at a
10:27point where we almost thought we had to recommend closing some of our pocket
10:31parks because of the lack of funds to do improvement so this is wonderful I mean I
10:37really feel like we're I feel like after 20 I've been on the committee now for
10:41almost 25 years and I feel like we're really accomplishing something at the
10:45end of this year so thank you very much for the residents that don't know how
10:50many parks do we have in Riverhead 46 parks there you go so it's a lot of maintenance and maintenance.
10:53There's a lot of maintenance and maintenance.
10:57Yeah and Ray does a great job I mean considering you know the Ray and the whole recreation department they do a great job trying to maintain everything but it's a lot it really is a lot to maintain so this is this is really going to help them as far as because I know Ray was getting a lot of complaints about Bayberry.
11:19You and George Gabelson have done a great job.
11:22I appreciate it.
11:23George has been.
11:24George is my he's my best friend.
11:25He's my best friend.
11:26He's my best friend.
11:27You know it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it
11:57instead of putting it on the taxpayers' back.
11:59And this is exactly what we're talking about.
12:00This is one of many ways that we do that without having to up the budget,
12:05but we can get things done.
12:06And I appreciate the support of the board on this,
12:09because this is an excellent way to use money that's not taxpayer money
12:14and get massive improvements that we can that are much needed and long overdue.
12:19And all the projects we've used, it has been Two Bears Park,
12:22is recently and currently still being upgraded.
12:24Is that completed, Two Bears Park?
12:27It's still working on it.
12:28Yeah.
12:28We're very sure.
12:29But I haven't been up there yet.
12:31But that was something that really had to be done.
12:36And, you know, slowly but surely we're knocking them off our list.
12:40And in the future we have, with Heatherwood, we have the potential.
12:44We'll have $495,000, I believe, that's going to be coming into park and rec fees.
12:49We also have 203 Osborne we're expecting fees to come in.
12:52So the idea is that.
12:54There's future funding coming next year so that we can continue to do exactly what we're doing.
12:59Right.
12:59I was just going to say, and this will piggyback on what the supervisor just said,
13:05as opposed as I have been to cannabis here in Riverhead,
13:11this is one of the positive things that has come out of cannabis.
13:15And I know that when I first came on the board,
13:18there was so much discussion about how can we help Bayberry Park,
13:23especially from councilmen.
13:24And I know that when I was in Roswell, it was a constant discussion.
13:29And it was where is the funding coming from?
13:31So now that we have the cannabis funding coming in, we're able to utilize it in such a positive way.
13:37And I'm so happy that Wading River is getting the attention that they so deserve.
13:42It is Suffolk County Supervisor's meeting yesterday.
13:47And Supervisor Schaefer from the town of Babylon, they were the first to allow or first
13:52to have a cannabis discussion.
13:54And it's only for Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale
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14:24I think I expressed that, but if this is how we can benefit the town and especially the
14:31taxpayer.
14:32Yeah.
14:33Right.
14:34We would not have been able to do this project without the cannabis funding.
14:37I 100% agree with Councilwoman Woskie.
14:40It's like I was never supportive of cannabis, but, and you can't just like implement it
14:44into the budget on estimated things because I think it's going to, you know, fluctuate
14:48from each year.
14:49So you have to be really reserved on expected revenues.
14:53But we'll take it every time.
14:55So out of, you know, this is money that we've already collected.
14:58We do have additional funds that are going to be coming in for the third and fourth quarters.
15:02So this is only funds that involve the first and second quarter.
15:06So we're being conservative in terms of anything in the budget, but at the same point, once
15:10the money's here after it's arrived, then we can look at projects like this.
15:13Bob is laughing because Bob knows that now that I know about this money, boy, I'm going
15:18to keep my eye on this.
15:19I know it's going to be tough working with you guys.
15:22I know.
15:23It's true.
15:24It's true.
15:25And I don't want to make this sound like a cannabis commercial, but a lot of the naysayers
15:30were worried that, you know, it was going to be negative to our town by having dispensaries.
15:37And they just like the uproar about medical marijuana when they first opened up.
15:43It just doesn't happen.
15:44There aren't people looting around.
15:46There aren't people standing outside high.
15:49I rode by Strange Stores the other day and I had an elderly guy, I saw an elderly couple,
15:53coming out the door.
15:55One, the man had a walker and the lady had a cane.
15:58There's a lot of people that use cannabis for very different reasons.
16:01And it's not, this isn't the 60s.
16:04This isn't the flower child era.
16:06This is something entirely different.
16:08And it really, it's been a plus for the town.
16:11It really has.
16:12We just got to work out a couple kinks with the state, which we met with yesterday.
16:17We, at the supervisor's meeting, we had Governor Hochul's rep there.
16:21And she heard loud and clear.
16:22And she heard loud and clear our concerns about how hometown rule and time, manner,
16:27and place.
16:28And she's going back to talk to the governor about that and see if we can't straighten
16:33this out.
16:34And Richard agreed with the same way.
16:36Don't step on the town's toes now.
16:38You gave us the right to do this and time, manner, and place.
16:42And now you're changing the field on us.
16:44And that's not fair.
16:45And hopefully we're going to get a positive outcome out of this very soon.
16:50Okay.
16:51Well, thank you.
16:52You're welcome.
16:53Thank you.
16:54Thanks for all your work with the recreation committee.
16:55We appreciate it.
16:56And all the other committees.
16:57We have a great committee.
16:58I mean, they really are active and they really, they trust George, especially George's judgment
17:05and my judgment.
17:06And that's what makes it easy to work with them.
17:09Yep.
17:10Well, you know the town.
17:11You know the town.
17:12Another 20 years, Marge, on the committee.
17:13Another 20 years?
17:14I don't think so.
17:15Thank you, Marge.
17:16Thank you for all that I do.
17:17Thank you, everybody.
17:18Thanks, guys.
17:19Thank you.
17:20Thank you.
17:21Thank you, gentlemen.
17:22Good work.
17:23Good work.
17:24The best of the best.
17:25Okay.
17:26Item number two that we have are matters surrounding the National Fire Protection Association,
17:36known as NFPA code.
17:40And that will be with Pilo and Keating.
17:43Good morning, folks.
17:46Good morning.
17:48How are you?
17:49Good.
17:50Good.
17:51Good.
17:52Good.
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18:10Good.
18:11Good.
18:12Good.
18:13Good.
18:14Good.
18:15Good.
18:16Good.
18:17Good.
18:18Good.
18:19standards that states adopt towns adopt within those model codes and standards
18:25are reference standards specifically technical standards and that's where the
18:29NFPA comes into play they are referenced in our ICC or New York State codes
18:36multiple different times as reference standards they are the more technical
18:41pieces to it and what we're trying to do right now is we're trying to utilize the
18:45rest of those codes that aren't necessarily referenced in the New York
18:48State codes that might apply to something more technical than the town
18:51is dealing with that we can then go back to as a reference standard to ensure
18:55that it's safe for the town to install or there's a number of different they
19:00have over 300 codes and standards in there you know in their repertoire that
19:05we can use to you know help enforce them some pieces within the town projects and
19:10otherwise so we're just basically trying to utilize the NFPA codes for everything
19:15that's not referenced in New York State
19:17another thing that we're trying to do is we're trying to make sure that we're
19:18working through it for Sale Sale Sale Sale
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19:47a way to describe them. It'll be a way that they're incorporated and we can enforce them.
19:54Can you give us an example of what you see in court that we're not able to enforce?
20:02I guess I can kind of speak to a couple of the codes that fall into place that we've used before
20:07is specifically NFPA 1221 is the standard code for emergency responder radio coverage systems.
20:14While that's referenced in the New York State Building Code, this goes much more technically
20:19into how to do inspections, how to go through all of the different pieces and how it's supposed to be installed within a building.
20:26So we'd be able to use that more effectively, the entire code, as opposed to some reference excerpts.
20:33Another one is 855, battery energy storage systems. That's another code that is referenced in the New York State Code.
20:39But if we were to utilize this, we'd be able to use the entire code to make sure we can cover
20:44some more people's needs.
20:44So if the installation, if there's anything wrong with the installation, then he can issue
20:49a summons for that and then we can enforce it and we can actually pinpoint the specific section
20:55that they violated. So it makes it easier in the court to pinpoint the exact problem that's
21:05coming out of this.
21:07Explain the exceptions here based on why the code and the 5000.
21:12Yeah, the exceptions for us. So some states don't.
21:14They don't necessarily have, they don't adopt the ICC codes.
21:17They basically adopt the NFPA code as their reference standard for the entire state.
21:21Vermont's one of them, which I worked in, is what they call an NFPA state.
21:26They have two codes, which is NFPA 1, which is their building code.
21:29And then NFPA 5000 is the construction safety code.
21:32It's basically NFPA 1 is how to build it.
21:35And then basically NFPA 5000 is how everything else goes into that building integrity wise.
21:42So those wouldn't need to be incorporated here because we have a lot of
21:44the ICC codes, which basically does our construction side of things.
21:48So those are the two exceptions.
21:50Everything else we could utilize as we need to.
21:53So that's why I asked you to explain it.
21:55So it's not as though you're, oh, we're not going to force it because it's just that we have our own
21:59more, maybe more strict codes that are already written and they can remain in effect.
22:02And then kind of dovetailing on the cannabis, NFPA 420, which is kind of hilarious that they made the number 420.
22:09But that is the cannabis code that is quickly seeing in the ICC code.
22:14There's actually a book that came out that we purchased that is how to use the ICC code for cannabis facilities.
22:21NFPA developed a code specifically for it.
22:24So all of these cannabis facilities that we may or may not be seeing in the future will be able to utilize that code going forward
22:29and basically use it as a technical reference moving forward.
22:32So that would be helpful.
22:34Very good.
22:36And it would still be the same fine schedule that's found under 231 that we recently increased.
22:42Excellent.
22:42Great.
22:44Thank you very much.
22:49I think we're going to amend the work session agenda today and we're going to add on a third item.
22:57And the third item, if I could ask Councilor Howard to come on up.
23:01And there seems to be some confusion and some misstated facts out there from some people regarding the resolution we adopted.
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23:43demolition. First of all, that is misleading. The resolution itself doesn't authorize demolition
23:49of the structure. That's accomplished through a demolition permit that's submitted to the
23:55building department and processed consistent with their policies and procedures. So when
24:00and if that occurs, that will follow the normal process.
24:06The pre-possession agreement specifically was referenced in the master developer agreement
24:13which, as you all know, was posted online in July of this year prior to the qualified
24:18and eligible hearing on July 22nd. It references, there's a definition, there's a lease. It
24:26says that, note the town shall, at the request of the master developer, enter into a lease
24:32and pre-possession agreement to permit construction activities on the hotel project property to
24:38commence subject to the fee provisions and to meet cost schedule, et cetera.
24:43So the definitions clearly contemplate this pre-possession agreement. Then later on, under
24:53terms of transfer of the hotel project property, there's a paragraph that also references a
25:01pre-closing possession agreement with the master developer. And then again at article
25:06four, it's 5.04, there's a reference to a construction agreement that was proposed in
25:12reference to a construction lease pre-possession agreement with annual fee terms in an amount
25:17not less than the cost of the annual payment due for the repayment of the bond to principal
25:20and interest related to the purchase and or demolition of 117, 121, and 127.
25:27So all of that was previously contemplated by the town board. It was part of the qualified
25:34and eligible hearing. So there was nothing that was done sort of behind the scenes or
25:39anything.
25:40So this is something that was, first of all, it was entirely legal and any suggestion to
25:45the contrary is false and factually inaccurate and legally inaccurate. The qualified and
25:52eligible hearing occurred. The town board duly considered the master developer agreement.
25:57My office then said about at the request of the master developer doing the pre-possession
26:01and lease agreement, this is really a procedural step in the overall redevelopment. So I just
26:08wanted to get that out there.
26:09Because it seems like it's a good thing.
26:09Yeah.
26:09I think it's a good thing.
26:10Yeah.
26:10Yeah.
26:10Yeah.
26:10Yeah.
26:10Yeah.
26:10Yeah.
26:10It seems like it's being characterized as something else and it's not. It's frankly
26:15the proper procedure and there was, there is no law that prevents the town board from
26:21taking a resolution off the floor. You're a legislative body, you're fully capable of
26:25doing that. And the timing is, you know, the lease agreement was completed by Ms. Prudente,
26:33you know, in a timely manner and we wanted to get it in front of the town board and we
26:39recommended that it be pulled up in front of the town board. And we recommended that
26:39it be pulled up in front of the town board. And we recommended that it be pulled up in
26:40front of the town board. And we recommended that it be pulled off the floor rather than
26:41waiting another two and a half, three weeks for the resolution to go forward.
26:42It's just, and I've said this numerous times before, it's such a disservice when
26:49somebody comes up to that microphone or writes to one of the local media outlets and they
26:55say things that aren't true. And it's just a disservice to all the residents because
27:01all it does is confuse people. And just be truthful in what you say and how you, you
27:07know, if you're against the project so be it. That's the goal.
27:10it that's fine you you have every right to do that but I disagree with the fact
27:15that you then come up to a microphone or you try to get some air time or or press
27:19time and you say things that just aren't true and that's that to me is very
27:23disappointing and some of the people that do that well and I'm gonna take
27:27particular exception to any suggestion that my office would recommend to the
27:30town board anything that's illegal or improper we go over all these things
27:35very carefully we analyze the general municipal law any other applicable
27:40New York state laws our own town code my office will not recommend to the town
27:46board that they do anything illegal and I think in the past we've you know we've
27:50had conversations about things you can't do because we think they're illegal so
27:53you know I really take exception to that kind of suggestion and then one just one
28:01other thing because it did come up and I just want to make sure that the board is
28:05clear on this the properties down at the town square
28:10127 are not parkland they were never contemplated as parkland when the town
28:15board adopted resolution 399 in 2020 there was a paragraph in there that
28:20specifically states that the purchase is for the creation of public gathering
28:24space with pedestrian connectivity and vistas from Main Street to Connick River
28:28together with encouragement and pursuit of private financing public and private
28:33partnerships federal and state and local funding subsidies and capital grants to
28:37design and construct commercial and retail
28:40uses compatible with the public space all consist all consistent with
28:44the urban renewal policies and goals resided above and the resolution if you
28:50read back into it it details in very comprehensive fashion all of the studies
28:56and all of the work that the town has put into analyzing the redevelopment of
29:01downtown so the space down there was never going to be dedicated parkland it
29:07was never going it just it was never going to be dedicated parkland it was
29:09going to be dedicated parkland whether you do that uh formally or informally we said four and a half
29:15years ago when we were purchasing the three properties we made certain that would there be
29:18just municipal properties because we spoke right then was the initial plan the reason we purchased
29:23that was to redevelop them and we would never want to face an alienation of parkland project where
29:28we'd have to go before the state to request permission on how to utilize it so you know the
29:33majority of the land in which we we own as a municipality is not parkland you know the
29:38building that we're sitting in right now and that allows us to develop things and change things so
29:42that was right from day one that was you know it was our very intention that
29:45that we were purchasing this property to eventually to transfer titles for development
29:50so that it would would achieve positive revenue for for the taxpayers and revitalize downtown
29:55right and you know we proceeded with it with the demolition of 117 and 121
30:01a little faster you know the develop the demolition of 127 was always contemplated this
30:07has been in the public realm
30:08for at least five years.
30:12Very initial plan.
30:13So I really, you know, I take exception.
30:15The owners of the establishment that was in there.
30:18Right.
30:18And so I will also take exception to the notion that this was done as some kind of surprise.
30:23You guys have all been, or you as a town board,
30:26have all been very clear about the intention of redeveloping those spaces.
30:30Absolutely.
30:31And we've all laid out in the master development agreement.
30:33All of this, as you just said, Eric, is laid out and talked about.
30:36The prepossession agreement, all of that.
30:38So to say that this is something new or something different is disingenuous to the public.
30:44Disingenuous or people not doing their homework.
30:46Right.
30:47And, I mean, look, it's not even, it is a little bit of homework.
30:51But, I mean, I would struggle to find a way that the five of you could have better publicized this.
30:59We've been talking about it at least twice a month, three times a month for the better part of five years.
31:05There is nothing in here that was done.
31:08You were saying it's only for Sale.
31:10Sale.
31:11Sale.
31:11Sale.
31:12Sale.
31:13Sale.
31:13Sale.
31:14Sale.
31:14Sale.
31:14Sale.
31:14Sale.
31:15Sale.
31:15Sale.
31:15Sale.
31:15Sale.
31:15Sale.
31:16Sale.
31:16Sale.
31:16Sale.
31:16Sale.
31:17Sale.
31:17Sale.
31:18Sale.
31:18Sale.
31:18Sale.
31:18Sale.
31:18Sale.
31:18Sale.
31:19Sale.
31:19Sale.
31:19Sale.
31:19reading the headlines and not actually reading the article this is no surprise
31:24to anybody and that that was unfortunate that it was written like that correct
31:28it also say when you go downtown and you sit in the different restaurants and
31:32there are still some that are struggling time is of the essence to them to the
31:38current people that are operating businesses downtown they have been
31:41asking for this activation space and we have been telling and we're building it
31:45for four and a half years so it would be disingenuous to say that well we'll just
31:49wait to the next meeting they want this to move ahead as soon as possible so
31:53that we can start filling the seats and restaurants downtown so it is our job to
31:58make adjustments on the schedule to bring things off the board to keep this
32:01project moving forward correct and so really this what came off the floor on
32:07Tuesday night is really sort of a procedural step in furtherance of what
32:12the board already considered and approved if there had been if there
32:17hadn't been reference to the prepossession
32:19agreement in the master development agreement and it was a completely new
32:23aspect of it you know that could be considered an amendment to the master
32:27developer agreement which I think then would merit the town board considering
32:31opening that up for further discussion but the fact of the matter is is it was
32:36in there and that was articulated when the master developer agreement was
32:42presented to the public so this should not have come as a surprise to anyone
32:49agreed agreed
32:50councilor Howard thank you so much for all that you and your office do you do a
32:54fantastic job
32:55thank you very much for that thank you for stating it the way you did very
32:59succinctly to let people know exactly what this was just the next step in an
33:04agreement
33:05thank you I'm just going to say this it's a shame that you have to come and
33:10explain this after it has been public and you know it to your point we've gone
33:17over this
33:18every agreement
33:19has been gone over to the town board publicly and here we are just generally
33:28I you know I don't mind explaining things you know I'm a lawyer that's what
33:33I do I prefer to do that I prefer not to do it under these kind of circumstances
33:39but it is what it is did anybody contact you before that any articles are written
33:44about that to ask your opinion no that would have been a good idea
33:49absolutely so much for research on their behalf
33:52hey thank you thank you thank you
33:57okay that wraps up our open session in a moment we're going to go into executive
34:02session and we have one item on executive session and that's under
34:08contractual and it will be matter surrounding contractual agreement between
34:12the town of Riverhead and Tracy Thomas and that will be with council Howard so
34:16if I could have a motion to close
34:19the open session
34:20so moved seconded all in favor aye all opposed open session is closed and we
34:27are going to now go to executive session
34:30thank you everybody for tuning in have a great weekend
34:33let me just go over some quick announcements again
34:37oh again okay Saturday October 25th through Sunday November 2nd is early
34:44voting
34:45it's at Riverhead Town Hall it's in the lower level
34:49Saturday Sunday and Monday this Saturday this Sunday and this Monday the
34:54voting is open from 10 a.m. to 6 p.m. on Tuesday and Wednesday of next week
35:01which is October 28th and 29th the voting is 7 a.m. to 3 p.m. on Thursday
35:08and Friday October 30th and 31st the voting is from 12 noon to 8 p.m. on
35:16Saturday and Sunday
35:18November 1st and November 2nd voting is from 10 a.m. to 6 p.m. and these are all
35:25times that are set up by the Board of Elections we have nothing to do with that
35:28but just familiarize yourself with the times and dates that they're open and
35:34please come out and vote Saturday October 25th the hot Halloween Fest and
35:39parade that will be with fireworks act all the festivities start at four o'clock
35:45Joe do you have anything you want to add to that it's I'm looking so forward to it.
35:48It is looks like mother nature might cooperate I think so it's gonna be a
35:52great day come on down to Riverhead downtown absolutely the parade kicks off
35:58at seven o'clock and on Sunday October 25th we have racetrack not Street fall
36:04motorsports racing events at EPCAL from 8 a.m. to 4 p.m. and that's all I have for
36:09announcements everybody anti-litter fall cleanup is November 1st here town hall 9
36:17a.m. is from 9 to 10 p.m. and then we have the
36:13I just have one more.
36:13I'll go right ahead.
36:14Anti-litter fall cleanup is November 1st here town hall 9 a.m. is from 9 to 12.
36:15I'm going to stop you there.
36:15I'm going to stop you there.
36:16I'm going to stop you there.
36:16I'm going to stop you there.
36:17I'm going to stop you there.
36:17I'm going to stop you there.
36:19I'm going to stop you there.
36:20I'm going to stop you there.
36:22I'm going to stop you there.
36:22I'm going to stop you there.
36:25I'm going to stop you there.
36:26I'm going to stop you there.
36:27I'm going to stop you there.
36:28I'm going to stop you there.
36:29I'm going to stop you there.
36:31I'm going to stop you there.
36:32I'm going to stop you there.
36:34I'm going to stop you there.
36:35I'm going to stop you there.
36:38I'm going to stop you there.
36:39I'm going to stop you there.
36:41I'm going to stop you there.
36:45I'm going to stop you there.
36:46I'm going to stop you there.
36:46I'm going to stop you there.
36:47I'm going to stop you there.
36:47want to say it's 8 a.m. it's from 8 a.m. to noon and they always put out a good
36:53spread that's a nice event so if you're looking for breakfast on November 2nd at
36:58the Polish Hall the rotary sponsors it they do so many good things with the
37:02money they raised during their fundraising events they're a great
37:06service club to have and I'm very proud that we have them here in the town of
37:09Riverhead so I think that wraps it up everybody have a wonderful weekend a lot
37:14of things going on get out and about and don't forget to vote

Full Transcript

Thank you. Thank you. Thank you. Thank you, sir. Thank you. Okay. We have a couple of items up on the open session. The first one we have up is matters surrounding the update on planned improvements to Bayberry Park, and that will be with Hubbard and Rothwell. And I think we have... Marge Acevedo here from the Parks and Recs Commission, if you wouldn't mind coming up. We have Ken Testa and Drew Dillingham, our town engineers. You guys come on up. And we have Jeanette, head of our finance department. Come on up, and we can talk about all good things Bayberry Park. You say Bayberry Park, but we also refer to it as Police Officers Memorial Park as well, right? So we honor our police officers. Thank you. Okay. Thank you. Who would like to start off? I'll jump in. Okay. So we were asked to look at the parking lot of Bayberry Park and do an assessment, which we did, and it's in pretty bad shape. It really hasn't been touched in many, many, many years. It's got a lot of potholes, a lot of drainage issues. So we gave it a quick go over and came up with some options on, you know, what could be done to it and what it would cost. And tried to come up with a reasonable plan that would provide a nice level parking lot with good drainage that will serve us for 20 to 25 years at a reasonable cost. So what we propose to do is to go in and mill the entire parking lot rather than just overlay it, which is a little cheaper, but if you have potholes, those potholes tend to come back because there's a reason down below that that pothole started in the first place. So we would grind it all up into millings, use those millings to regrade the whole, the whole parking lot to get the water to go where we would like it to go. And then it would pave over the top of that, a two-inch overlay, stripe it. We're going to add eight or ten, I think it was eight, eight drainage rings in a couple of spots where there's a history of pooling water and water flowing off onto the tennis courts. So it provides some drainage. We'll repave the walkways, restripe everything. We're going to do some asphalt curbing in areas where water is going off onto the neighboring property. And I think we'll have a good job for a reasonable amount of money. I think we've budgeted around $325,000 is the budget. We hope to come in under that. We always aim for that. We always like to see that. Yeah, we're going to try. We're going to try. Jeanette, maybe you can explain where the funding's coming from. Yeah, so primarily the funding's coming from the cannabis tax, which has provided great use for some of the parks this year. It's wonderful to have some extra funding. We've had a lot of funding to be able to use. So without that, we would not have been able to make these improvements. So the majority of the money's coming from cannabis. Off the top of my head, I'm sorry, I just got pulled out. I can't remember where the small dollars are coming from. But the majority is cannabis tax. The smaller amount is coming from the recreation . Well, that's right, park and rec. That's right. That's right. Yeah. Right. Park and rec fees. We just spoke to Marge about this. And she spoke to all the members on the Rec Advisory Committee. It was unanimous, the support for this, because it's . It's so badly needed. I mean, it's been one of the priorities of our top five improvements that are needed in our parks. I mean, Tim knows we need many. We've heard this for a long time. Bayberry is at the top of the list. Bayberry is really at the top of the list. It's almost dangerous. I mean, the handicap accessibility really needs an improvement. And I think that, you know, Tim and I have talked about this, and Ken and Bob, as far as ADA accessibility is the problem more than anything. And I think that we should really look into ADA grants. Because I think there is money out there, ADA money out there, to improve this essentially that way, too. And add to it being more accessible down to where the area is. Yeah. We have some ideas on what we may be able to do. I think we have a way to accommodate that at a reasonable price. I know in the past, because of that steep drop off of that slope, you can't really get the right angle in that short distance. So they've been talking about doing, you know, back and forth, back and, yeah. But we might have another idea that we're knocking around with that we think we may be able to fit within this budget. So let us play with that a little bit. I don't really want to get into it too much. But I think we have a way of resolving that problem. As long as you're aware, I think that's. We are very aware. We're aware of it. And I think we. Yeah. Just to look at it, you know. Yeah. And become aware of it immediately. You really do. We're looking at the possibility of maybe paving the roadway. When you first come in the parking lot, there's a service road that goes down that the maintenance workers use to get their equipment down there. And the construction workers were thinking maybe we pave that and we put a small paid parking area down below that would accommodate two or three handicapped vehicles. And we make the handicapped, rather than try to get the handicapped person down by. Right now, if you went in a wheelchair, you'd never get out. Get them out of the car and then let them out. So we're playing with that and we're hoping we can fit that within the budget. We're just playing with elevations and making sure all the soles work out. Great. Oh, thank you. So if we can get that in there, we're going to get that in there. Otherwise, the other option is pretty expensive and we'll look at grants for that. Maybe this could be a short term solution. Yeah. I think that's a great solution, actually. I never really looked at that side road, but that's a great idea. So for our residents that aren't familiar with maybe with Police Memorial Park or Baby Baby Park, you know, maybe they're not familiar with that. Maybe they're not familiar with the park. Maybe they're not familiar with the park. I'm guessing it's called Crockberry Park. It's almost like a 2 level park. The parking lot is basically the upper level. And the park itself is what we would refer to I guess as the lower level. There is a slope that goes down. And it's a pretty steep slope. Steep. Steep. Steep. Steep. Steep. Steep. Steep. Steep. Steep. Steep. Steep. Steep. Steep. Steep. Steep. fixing that parking lot would be such an advantage to all of them coming in because going in your cars like this going in but that'll be great really well we're very happy about this the committee was very excited when I called them I have to tell you so can I just clarify in terms of with funding because I just for the general public that might not be aware park and rec fees is money that is paid separately by developers so when an apartment is built downtown for example or anywhere in the town of Riverhead current fees they have to pay five thousand dollars into the park and rec fees and that so that money is used to upgrade and spend on parks obviously but it's not taxpayer money and so and then in addition you have the cannabis side which we know is that's that's the tax that we're getting on cannabis but again not taxpayer money so I just like to emphasize to on a project of this magnitude that we're spending well over three hundred thousand dollars and it's not taxpayer money and that's just important to hit home on this so like you know that we're able to do projects like this through development fees through cannabis fees and you know we're always looking for grants and we're looking for every other opportunity but I think that's the fiscal way to do it I'm just so proud that this project is getting done and as far as timing goes we have a purchase order in we have a contractor lined up we were able to make it fit into some annual construction contracts that we issue every year we're riding on a couple of county items so I think that's the way that we're going to be doing it and we're hoping to have a purchase order within the next few days and the contract has only been already been advised so obviously we're we're facing a winter rapidly approaching winter so the goal is to get it done before the plants close sometime around Christmas time so within the next two weeks we hope to be out there grinding up the parking lot that's the goal correct me if I'm wrong but I think it's the only park we have in waiting River playground and ball field playground and the only one out of all the parks in the town you know we've had a lot of people approach us so this is wonderful it really is and for the residents on Bayberry Park is a separate side note Bayberry Road is being repaved as well by the Highway Department that is just happened to be on the list so it's kind of interesting that the residents that live over on Bayberry Road in waiting River are gonna see a new street as well as a whole new parking lot so getting their attention there in waiting River so it just happened to coincide Mike's Mike's you know each year creates a list and of priority and there's a number of streets up in waiting River that have been done this year so and I'm glad to hear that you know possibly there'll be a line item for the parks improvements for next year I think that's a great we have we have to start someplace and you know what we don't use it to the next year you know and just build up a fund that we can go to when we have an emergency because we really were at a point where we almost thought we had to recommend closing some of our pocket parks because of the lack of funds to do improvement so this is wonderful I mean I really feel like we're I feel like after 20 I've been on the committee now for almost 25 years and I feel like we're really accomplishing something at the end of this year so thank you very much for the residents that don't know how many parks do we have in Riverhead 46 parks there you go so it's a lot of maintenance and maintenance. There's a lot of maintenance and maintenance. Yeah and Ray does a great job I mean considering you know the Ray and the whole recreation department they do a great job trying to maintain everything but it's a lot it really is a lot to maintain so this is this is really going to help them as far as because I know Ray was getting a lot of complaints about Bayberry. You and George Gabelson have done a great job. I appreciate it. George has been. George is my he's my best friend. He's my best friend. He's my best friend. You know it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it's it instead of putting it on the taxpayers' back. And this is exactly what we're talking about. This is one of many ways that we do that without having to up the budget, but we can get things done. And I appreciate the support of the board on this, because this is an excellent way to use money that's not taxpayer money and get massive improvements that we can that are much needed and long overdue. And all the projects we've used, it has been Two Bears Park, is recently and currently still being upgraded. Is that completed, Two Bears Park? It's still working on it. Yeah. We're very sure. But I haven't been up there yet. But that was something that really had to be done. And, you know, slowly but surely we're knocking them off our list. And in the future we have, with Heatherwood, we have the potential. We'll have $495,000, I believe, that's going to be coming into park and rec fees. We also have 203 Osborne we're expecting fees to come in. So the idea is that. There's future funding coming next year so that we can continue to do exactly what we're doing. Right. I was just going to say, and this will piggyback on what the supervisor just said, as opposed as I have been to cannabis here in Riverhead, this is one of the positive things that has come out of cannabis. And I know that when I first came on the board, there was so much discussion about how can we help Bayberry Park, especially from councilmen. And I know that when I was in Roswell, it was a constant discussion. And it was where is the funding coming from? So now that we have the cannabis funding coming in, we're able to utilize it in such a positive way. And I'm so happy that Wading River is getting the attention that they so deserve. It is Suffolk County Supervisor's meeting yesterday. And Supervisor Schaefer from the town of Babylon, they were the first to allow or first to have a cannabis discussion. And it's only for Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale I think I expressed that, but if this is how we can benefit the town and especially the taxpayer. Yeah. Right. We would not have been able to do this project without the cannabis funding. I 100% agree with Councilwoman Woskie. It's like I was never supportive of cannabis, but, and you can't just like implement it into the budget on estimated things because I think it's going to, you know, fluctuate from each year. So you have to be really reserved on expected revenues. But we'll take it every time. So out of, you know, this is money that we've already collected. We do have additional funds that are going to be coming in for the third and fourth quarters. So this is only funds that involve the first and second quarter. So we're being conservative in terms of anything in the budget, but at the same point, once the money's here after it's arrived, then we can look at projects like this. Bob is laughing because Bob knows that now that I know about this money, boy, I'm going to keep my eye on this. I know it's going to be tough working with you guys. I know. It's true. It's true. And I don't want to make this sound like a cannabis commercial, but a lot of the naysayers were worried that, you know, it was going to be negative to our town by having dispensaries. And they just like the uproar about medical marijuana when they first opened up. It just doesn't happen. There aren't people looting around. There aren't people standing outside high. I rode by Strange Stores the other day and I had an elderly guy, I saw an elderly couple, coming out the door. One, the man had a walker and the lady had a cane. There's a lot of people that use cannabis for very different reasons. And it's not, this isn't the 60s. This isn't the flower child era. This is something entirely different. And it really, it's been a plus for the town. It really has. We just got to work out a couple kinks with the state, which we met with yesterday. We, at the supervisor's meeting, we had Governor Hochul's rep there. And she heard loud and clear. And she heard loud and clear our concerns about how hometown rule and time, manner, and place. And she's going back to talk to the governor about that and see if we can't straighten this out. And Richard agreed with the same way. Don't step on the town's toes now. You gave us the right to do this and time, manner, and place. And now you're changing the field on us. And that's not fair. And hopefully we're going to get a positive outcome out of this very soon. So. Okay. Well, thank you. You're welcome. Thank you. Thanks for all your work with the recreation committee. We appreciate it. And all the other committees. We have a great committee. I mean, they really are active and they really, they trust George, especially George's judgment and my judgment. And that's what makes it easy to work with them. Yep. Well, you know the town. You know the town. Another 20 years, Marge, on the committee. Another 20 years? I don't think so. Thank you, Marge. Thank you for all that I do. Thank you, everybody. Thanks, guys. Thank you. Thank you. Thank you, gentlemen. Good work. Good work. The best of the best. Okay. Item number two that we have are matters surrounding the National Fire Protection Association, known as NFPA code. And that will be with Pilo and Keating. Good morning, folks. Good morning. How are you? Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. Good. standards that states adopt towns adopt within those model codes and standards are reference standards specifically technical standards and that's where the NFPA comes into play they are referenced in our ICC or New York State codes multiple different times as reference standards they are the more technical pieces to it and what we're trying to do right now is we're trying to utilize the rest of those codes that aren't necessarily referenced in the New York State codes that might apply to something more technical than the town is dealing with that we can then go back to as a reference standard to ensure that it's safe for the town to install or there's a number of different they have over 300 codes and standards in there you know in their repertoire that we can use to you know help enforce them some pieces within the town projects and otherwise so we're just basically trying to utilize the NFPA codes for everything that's not referenced in New York State another thing that we're trying to do is we're trying to make sure that we're working through it for Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale a way to describe them. It'll be a way that they're incorporated and we can enforce them. Can you give us an example of what you see in court that we're not able to enforce? I guess I can kind of speak to a couple of the codes that fall into place that we've used before is specifically NFPA 1221 is the standard code for emergency responder radio coverage systems. While that's referenced in the New York State Building Code, this goes much more technically into how to do inspections, how to go through all of the different pieces and how it's supposed to be installed within a building. So we'd be able to use that more effectively, the entire code, as opposed to some reference excerpts. Another one is 855, battery energy storage systems. That's another code that is referenced in the New York State Code. But if we were to utilize this, we'd be able to use the entire code to make sure we can cover some more people's needs. So if the installation, if there's anything wrong with the installation, then he can issue a summons for that and then we can enforce it and we can actually pinpoint the specific section that they violated. So it makes it easier in the court to pinpoint the exact problem that's coming out of this. Explain the exceptions here based on why the code and the 5000. Yeah, the exceptions for us. So some states don't. They don't necessarily have, they don't adopt the ICC codes. They basically adopt the NFPA code as their reference standard for the entire state. Vermont's one of them, which I worked in, is what they call an NFPA state. They have two codes, which is NFPA 1, which is their building code. And then NFPA 5000 is the construction safety code. It's basically NFPA 1 is how to build it. And then basically NFPA 5000 is how everything else goes into that building integrity wise. So those wouldn't need to be incorporated here because we have a lot of the ICC codes, which basically does our construction side of things. So those are the two exceptions. Everything else we could utilize as we need to. So that's why I asked you to explain it. So it's not as though you're, oh, we're not going to force it because it's just that we have our own more, maybe more strict codes that are already written and they can remain in effect. And then kind of dovetailing on the cannabis, NFPA 420, which is kind of hilarious that they made the number 420. But that is the cannabis code that is quickly seeing in the ICC code. There's actually a book that came out that we purchased that is how to use the ICC code for cannabis facilities. NFPA developed a code specifically for it. So all of these cannabis facilities that we may or may not be seeing in the future will be able to utilize that code going forward and basically use it as a technical reference moving forward. So that would be helpful. Very good. And it would still be the same fine schedule that's found under 231 that we recently increased. Excellent. Great. Thank you very much.

I think we're going to amend the work session agenda today and we're going to add on a third item. And the third item, if I could ask Councilor Howard to come on up. And there seems to be some confusion and some misstated facts out there from some people regarding the resolution we adopted. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. Are there any helt. demolition. First of all, that is misleading. The resolution itself doesn't authorize demolition of the structure. That's accomplished through a demolition permit that's submitted to the building department and processed consistent with their policies and procedures. So when and if that occurs, that will follow the normal process. The pre-possession agreement specifically was referenced in the master developer agreement which, as you all know, was posted online in July of this year prior to the qualified and eligible hearing on July 22nd. It references, there's a definition, there's a lease. It says that, note the town shall, at the request of the master developer, enter into a lease and pre-possession agreement to permit construction activities on the hotel project property to commence subject to the fee provisions and to meet cost schedule, et cetera. So the definitions clearly contemplate this pre-possession agreement. Then later on, under

terms of transfer of the hotel project property, there's a paragraph that also references a pre-closing possession agreement with the master developer. And then again at article four, it's 5.04, there's a reference to a construction agreement that was proposed in reference to a construction lease pre-possession agreement with annual fee terms in an amount not less than the cost of the annual payment due for the repayment of the bond to principal and interest related to the purchase and or demolition of 117, 121, and 127. So all of that was previously contemplated by the town board. It was part of the qualified and eligible hearing. So there was nothing that was done sort of behind the scenes or anything. So this is something that was, first of all, it was entirely legal and any suggestion to the contrary is false and factually inaccurate and legally inaccurate. The qualified and eligible hearing occurred. The town board duly considered the master developer agreement. My office then said about at the request of the master developer doing the pre-possession and lease agreement, this is really a procedural step in the overall redevelopment. So I just wanted to get that out there. Because it seems like it's a good thing. Yeah. I think it's a good thing. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. It seems like it's being characterized as something else and it's not. It's frankly the proper procedure and there was, there is no law that prevents the town board from taking a resolution off the floor. You're a legislative body, you're fully capable of doing that. And the timing is, you know, the lease agreement was completed by Ms. Prudente, you know, in a timely manner and we wanted to get it in front of the town board and we recommended that it be pulled up in front of the town board. And we recommended that it be pulled up in front of the town board. And we recommended that it be pulled up in front of the town board. And we recommended that it be pulled off the floor rather than waiting another two and a half, three weeks for the resolution to go forward. It's just, and I've said this numerous times before, it's such a disservice when somebody comes up to that microphone or writes to one of the local media outlets and they say things that aren't true. And it's just a disservice to all the residents because all it does is confuse people. And just be truthful in what you say and how you, you know, if you're against the project so be it. That's the goal. it that's fine you you have every right to do that but I disagree with the fact that you then come up to a microphone or you try to get some air time or or press time and you say things that just aren't true and that's that to me is very disappointing and some of the people that do that well and I'm gonna take particular exception to any suggestion that my office would recommend to the town board anything that's illegal or improper we go over all these things very carefully we analyze the general municipal law any other applicable New York state laws our own town code my office will not recommend to the town board that they do anything illegal and I think in the past we've you know we've had conversations about things you can't do because we think they're illegal so you know I really take exception to that kind of suggestion and then one just one other thing because it did come up and I just want to make sure that the board is clear on this the properties down at the town square and 127 are not parkland they were never contemplated as parkland when the town board adopted resolution 399 in 2020 there was a paragraph in there that specifically states that the purchase is for the creation of public gathering space with pedestrian connectivity and vistas from Main Street to Connick River together with encouragement and pursuit of private financing public and private partnerships federal and state and local funding subsidies and capital grants to design and construct commercial and retail uses compatible with the public space all consist all consistent with the urban renewal policies and goals resided above and the resolution if you read back into it it details in very comprehensive fashion all of the studies and all of the work that the town has put into analyzing the redevelopment of downtown so the space down there was never going to be dedicated parkland it was never going it just it was never going to be dedicated parkland it was going to be dedicated parkland whether you do that uh formally or informally we said four and a half years ago when we were purchasing the three properties we made certain that would there be just municipal properties because we spoke right then was the initial plan the reason we purchased that was to redevelop them and we would never want to face an alienation of parkland project where we'd have to go before the state to request permission on how to utilize it so you know the majority of the land in which we we own as a municipality is not parkland you know the building that we're sitting in right now and that allows us to develop things and change things so that was right from day one that was you know it was our very intention that that we were purchasing this property to eventually to transfer titles for development so that it would would achieve positive revenue for for the taxpayers and revitalize downtown right and you know we proceeded with it with the demolition of 117 and 121 a little faster you know the develop the demolition of 127 was always contemplated this has been in the public realm for at least five years. Very initial plan. So I really, you know, I take exception. The owners of the establishment that was in there. Right. And so I will also take exception to the notion that this was done as some kind of surprise. You guys have all been, or you as a town board, have all been very clear about the intention of redeveloping those spaces. Absolutely. And we've all laid out in the master development agreement. All of this, as you just said, Eric, is laid out and talked about. The prepossession agreement, all of that. So to say that this is something new or something different is disingenuous to the public. Disingenuous or people not doing their homework. Right. And, I mean, look, it's not even, it is a little bit of homework. But, I mean, I would struggle to find a way that the five of you could have better publicized this. We've been talking about it at least twice a month, three times a month for the better part of five years. There is nothing in here that was done. You were saying it's only for Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. Sale. reading the headlines and not actually reading the article this is no surprise to anybody and that that was unfortunate that it was written like that correct it also say when you go downtown and you sit in the different restaurants and there are still some that are struggling time is of the essence to them to the current people that are operating businesses downtown they have been asking for this activation space and we have been telling and we're building it for four and a half years so it would be disingenuous to say that well we'll just wait to the next meeting they want this to move ahead as soon as possible so that we can start filling the seats and restaurants downtown so it is our job to make adjustments on the schedule to bring things off the board to keep this project moving forward correct and so really this what came off the floor on Tuesday night is really sort of a procedural step in furtherance of what the board already considered and approved if there had been if there hadn't been reference to the prepossession agreement in the master development agreement and it was a completely new aspect of it you know that could be considered an amendment to the master developer agreement which I think then would merit the town board considering opening that up for further discussion but the fact of the matter is is it was in there and that was articulated when the master developer agreement was presented to the public so this should not have come as a surprise to anyone agreed agreed councilor Howard thank you so much for all that you and your office do you do a fantastic job thank you very much for that thank you for stating it the way you did very succinctly to let people know exactly what this was just the next step in an agreement thank you I'm just going to say this it's a shame that you have to come and explain this after it has been public and you know it to your point we've gone over this every agreement has been gone over to the town board publicly and here we are just generally I you know I don't mind explaining things you know I'm a lawyer that's what I do I prefer to do that I prefer not to do it under these kind of circumstances but it is what it is did anybody contact you before that any articles are written about that to ask your opinion no that would have been a good idea absolutely so much for research on their behalf hey thank you thank you thank you okay that wraps up our open session in a moment we're going to go into executive session and we have one item on executive session and that's under contractual and it will be matter surrounding contractual agreement between the town of Riverhead and Tracy Thomas and that will be with council Howard so if I could have a motion to close the open session so moved seconded all in favor aye all opposed open session is closed and we are going to now go to executive session thank you everybody for tuning in have a great weekend let me just go over some quick announcements again oh again okay Saturday October 25th through Sunday November 2nd is early voting it's at Riverhead Town Hall it's in the lower level Saturday Sunday and Monday this Saturday this Sunday and this Monday the voting is open from 10 a.m. to 6 p.m. on Tuesday and Wednesday of next week which is October 28th and 29th the voting is 7 a.m. to 3 p.m. on Thursday and Friday October 30th and 31st the voting is from 12 noon to 8 p.m. on Saturday and Sunday November 1st and November 2nd voting is from 10 a.m. to 6 p.m. and these are all times that are set up by the Board of Elections we have nothing to do with that but just familiarize yourself with the times and dates that they're open and please come out and vote Saturday October 25th the hot Halloween Fest and parade that will be with fireworks act all the festivities start at four o'clock Joe do you have anything you want to add to that it's I'm looking so forward to it. It is looks like mother nature might cooperate I think so it's gonna be a great day come on down to Riverhead downtown absolutely the parade kicks off at seven o'clock and on Sunday October 25th we have racetrack not Street fall motorsports racing events at EPCAL from 8 a.m. to 4 p.m. and that's all I have for announcements everybody anti-litter fall cleanup is November 1st here town hall 9 a.m. is from 9 to 10 p.m. and then we have the I just have one more. I'll go right ahead. Anti-litter fall cleanup is November 1st here town hall 9 a.m. is from 9 to 12. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. I'm going to stop you there. want to say it's 8 a.m. it's from 8 a.m. to noon and they always put out a good spread that's a nice event so if you're looking for breakfast on November 2nd at the Polish Hall the rotary sponsors it they do so many good things with the money they raised during their fundraising events they're a great service club to have and I'm very proud that we have them here in the town of Riverhead so I think that wraps it up everybody have a wonderful weekend a lot of things going on get out and about and don't forget to vote