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HomeMy WebLinkAboutTB-05/22/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Ielephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES May 22, 2012 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 22, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on May 22, 2012 at Meeting Halt, 53095 Route 25, Southold, NY. William Ruland Town of Southold Councilman Present C~st0phe[ Ta!b0t ~0~n of s0uthold Councilman Present Ji!l Dohe~y Town of Southold Councilwoman Present 6!bert Krupsk! Jr. Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of S0uth0id TOwn Attomey i~i~e~ I. Reports 1. Justice Rudolph H. Bruer 2. Human Resource Center 3. Program for the Disabled 4. Town Clerk 5. Board of Town Trustees 6. Planning Department o May 22, 2012 Southold Town Board Meeting Minutes Page 2 o Recreation Department Monthly Report II. Public Notices New Liquor License Application to NYS Liquor Authority III. Communications IV. Discussion 2. 3. 4. 5. 6. 7. 9:00 - John Cushman, Jim Bunchuck 9:30 - Jim McMahon Energy Policy LL/Special Events (PH This Afternoon) William Schriever Change of Zone 11:30 - Mark Terry, Michael Collins Executive Session - Labor - Matters Involving Employment of Particular Person(S) Pledge to the Flag Supervisor Scottt A. Russell SUPERVISOR RUSSELL: We are going to have the regular meeting after. I know everybody here is here to talk about the special events legislation that is proposed, so we are going to start with the public hearing on that. I just want to outline, there is some confusion as to what this pertains to. The Town Board changed the stated purpose. It is in the body of the legislation today. It mentions the purpose of the legislation, it also says it is not the intent of this article to include the following: ordinary and occasional use by owners of private property to host private gatherings to celebrate family events, holidays or to raise funds for charitable or other not for profit purposes. However, the use of residential property for profit such as a venue for weddings is prohibited at all times. Number 2, it specifically excludes the ordinary and occasional use by special districts for fund raising for its own purposes. Such use shall be on site and have adequate parking, ingress, egress traffic control and facilities to host such an event. That basically means that if you are a park district or a fire district, you are not included in this legislation. Number 3, the ordinary and occasional use of a property owned by a not for profit for fundraising for its own purposes. Such use shall be on site and has adequate parking, ingress, egress traffic control and facilities to host such an event. If you are a not for profit, you do not need to come in to Town Hall because you want to have an event on site. Alright, that should clarify for some of you the intent of this legislation. I am going to have Chris read the legal stuff and then we will take the comments. May 22, 2012 $outhold Town Board Meeting Minutes Page 3 V. Resolutions 2012-429 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated MAy 22~ 2012. Vote Record - Re',olution RES-2012-429 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] ~ [] [] Supervisor's Appt Jill Doherty Voter [] [] ~ [] [] Tax Receiver's Appt Albea Krupski Jr. -- Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-430 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 6/5/12 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesda¥~ June 5~ 2012 at the Southold Town Hall Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-20i2430 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Deherty : Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] ~ [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] n [] [] [] [] Supt Hgwys Appt [] No Action May 22, 2012 Southold Town Board Meeting Minutes Page 4 2012-431 CA TE GO R Y: DEPARTMENT: Attend Seminar Planning Board Seminar RESOLVED, that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, to attend a seminar on NYS DOT Federal Aid 101 Training in Hauppauge on May 31, 2012. Travel to be a legal charge to the 2012 Planning Budget (meetings and seminars). Vote ReCord - Re~olution RES-2012-431 fi] Adopted 13 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisot's Appt Jill Doherty : Voter [] [] [] [] [] Tax Receivegs Appt Albert Krupski Jr. Seconder [] [] [] 13 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] U1 [] Supt Hgwys Appt , [] No Action 2012-432 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Accounting 2011 Deferred Compensation Plan Audit RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the engagement letter between the Town of Southold and Albrecht, Viggiano, Zureek & Company~ P.C. to perform an audit of the Town's Deferred Compensation Plan for the year ending December 31,2011, in connection with the Town's annual reporting obligations under the New York State Deferred Compensation Board, at a cost not to exceed $12,500.00, subject to the approval of the Town Attorney, said engagement to be a legal charge to the 2012 General Fund Whole Town, Independent Auditing and Accounting appropriation (A. 1320.4.500.300). ~' Vote Record ~ ResoLution RES-2012-432 ~ [] Adopted Yes/Aye No/Nay Abstain [] Adopted as Amended William Ruland Seconder [] [] [] ~ [] [] Defeated Christophec Talbot Voter [] [] [] Page 5 May 22, 2012 Southold Town Board MeetingMinutes [] Tabled Jill Doherty Voter [] [3 [] [] [] Withdrawn Albert Krupski Jr. Initiator [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-433 CA TEGOR Y: DEPARTMENT: Budget Modification Police Dept Police Department Budget Modification Fiscal Impact: to cover over extended budget line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Whole Town General Fund budget as follows: From.'. A.3020.1.100.100 To: A.3020.1.100.300 Public Safety Communications Full Time Employees, Regular Earnings Total $2,000 $2,000 Public Safety Communications Full Time Employees, Vacation Earnings $2,000 Total $2,000 Vote Record - ResolUtion RES-2012-433 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] F1 E] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Page 6 May 22, 2012 Southold Town Board Meeting Minutes 2012-434 CA TE GO R Y: DEPARTMENT: Consulting Public Works Grove Road Drainage Project RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K. McLean, P.C. to provide professional services for survey and mapping of the Grove Road and Mill Creek Drive area, as part of a Hashamomaque Creek Drainage Project in the amount of $3,050.00, all in accordance with the approval of the Town Attorney. · /Vote R~ord - Resolution RES-20t2-434 ' ~ [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] : [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] ! [] [] Supt Hgwys Appt [] No Action 2012-435 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Grove Road Drainage Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Agreement with L.K. McLean, P.C. in connection the Grove Road Drainage Project in the amount of $3,050.00, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2012~435 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Christopher Talbot Voter [] [] ' ~ [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisors Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] May 22, 2012 Southold Town Board Meeting Minutes Page 7 2012-436 CATEGOR~ DEPARTMEN~ Bid Acceptance Public Works Grove Road Drainage Project RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of McDonald Geoscience, for professional services, to provide test holes and locate the groundwater profile, in connection with the Grove Road Drainage Project, in the amount of $800.00, all in accordance with approval the Town Attorney: Vote Record. Resot~ti0n RES-2012-436 ' [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [3 [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albea Kmpski Jr. Initiator [] ~ [] ~ [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] ~ 13 [] [] [] Supt Hgwys Appt [] No Action 2012-437 CA TE GO R Y: DEPARTMENT: Attend Seminar Police Dept Police Department - [( B.L~A. Seminar Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Martin Flatlev to attend the F.B.I. National Academy Associates 2012 Chapter Training, Conference commencing on Sunday, July 8 through Wednesday~ July 11, 2012 in Rochester NY. All expenses for registration & travel to be a legal charge to the 2012 Police Training Budget Line A.3120.4.600.200. Vote ReCord - ResoLution RE8-2012-437 [] Adopted [] Adopted as Portended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Christopher Talbot Initiator [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] May 22, 2012 Page 8 Southold Town Board Meeting Minutes [] Supervisor's Appt Albert Krupski Jr. Seconder [] Tax Receiver's Appt Louisa P. Evans Voter [] Rescinded Scott Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-438 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Permanent Appointment Martin Flatley WHEREAS the Town Board of the Town of Southold has provisionally appointed Martin Flatley to the position of Police Chief effective July 6, 2011, and WHEREAS Martin Flatley has taken and passed the Civil Service examination for Police Chief, and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Police Chief, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Martin Flatley to the permanent position of Police Chief from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Martin Flatley to the position of Police Chief from the Suffolk County Department of Civil Service List of Eligible's effective immediately with no salary change. Vote Record - Resolution RES-2012-438 l~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] E1 [] -- [] [] Withdrawn Christopher Talbot Voter [] [] [] : [] [] Supervisor's Appt Jill Doher~y Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] * [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 438 May 22, 2012 Southold Town Board Meeting Minutes Page 9 COUNCILWOMAN DOHERTY: Before I so move, I think that he is doing an excellent job and I commend you on all your hud work and hours you put in. 2012-439 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Permanent Appointment Brian A. Cummings' WHEREAS the Town Board of the Town of Southold has provisionally appointed Brian A. Cummings to the position of provisional Planner Trainee effective April 25,2011, and WHEREAS Brian A. Cummings has taken and passed the Civil Service examination for Planner Trainee, and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Planner Trainee, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Brian A. Cummings to the permanent position of Planner Trainee from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Brian A. Cummings to the position of Planner Trainee from the Suffolk County Department of Civil Service List of Eligible's effective immediately with no salary change. Vote Record - Resolution Rg8-2012439 [] Adopted [] Adopted as Amended [3 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [2] [] [] [] Withdrawn Christopher Talbot Voter [] ~ [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. : Seconder [] [] [] [] V1 Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comment regarding resolution 439 SUPERVISOR RUSSELL: Let me just add, Brian, you are doing an excellent job. I compliment him because I only compliment people who make less than me: 2012-440 CA TE GO R Y: DEPARTMENT: Committee Appointment Human Resource Center May 22, 2012 Southold Town Board Meeting Minutes Page 10 Reappoint Members to Committee on Health/Svcs. jbr Seniors Fiscal Impact: Dir. of Human Services, Karen McLaughlin, serves as Chairperson of this committee and is submitting candidates for reappointment. RESOLVED the Town Board of the Town of Southold hereby reappoints the following to the Committee on Health Care Issues and Services for the Elderly, effective immediately, as recommended by Karen McLaughlin, Human Services Program Director: Paul Connor, CEO Eastern Long Island Hospital Holly Rhodes-Teague, Director of the Suffolk County Office for the Aging Juliet Frodella, Director of the Senior Options and Solutions Program ELIH Jacqueline Martinez, Senior Citizens Center Manager, Town of Southold Jean DeLorme, Adult Day Care Program Supervisor, Town of Southold Phyllis Markopolous, Caseworker, Town of Southold Senior Services Lynne Richards, Developmental Disabilities Program Director Vote Record, Resolution RES-~012-440 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [3 F1 [] Withdrawn Christopher Talbot Seconder [] ~ [] ~ [] [] Supervisor's Appt Jill Doherty Vot'-"-'~ []~ ~ [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter ~] [] ~ [] [] Town Clerk's Appt Scott Russell Vote"'-'-7~ [] [] ~ D E] Supt Hgwys Appt [] No Action 2012-441 CATEGOR~ DEPARTMEN~ CFD ~eigh5K Special Events Town Clerk RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to hold a Stuff the Sleigh 5K run on December 16, 2012 from 9:00 a.m. to 12:00 p.m. using the following Town roads: Fanning Road Wicks Road Grathwohl Road New Suffolk Road Oak Road providing they 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance May 22, 2012 Page 11 Southold Town Board Meeting Minutes naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event are waived. Vote Record ~ Re~olution RES-2012-441 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland : ' ~ Voter [] V1 [2 [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill DoherPj Seconder [] [] [] [] ~ Tax Receiver's Appt Albert Krupski Jr. -- Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-442 CATEGORY: DEPARTMENT: Special Events Recreation Approve Use of Strawberry Fields for East End GreenFest RESOLVED that the Town Board of the Town of Southold hereby grants permission to Syd and Deborah Dufton to use Strawberry Fields, County Road 48, Mattituck, New York for the East End GreenFest on September 15 & 16, 2012 (Saturday and Sunday) from 8:00 a.m. to 8:00 p.m.. Set-up on September 14 and breakdown and field restoration on September 17, subject to the payment by applicant of a $250.00 cleanup deposit fee and an application fee of $100.00 to the Southold Town Clerk (as per Section B of the Special Events Law) and the approval of the Town Attorney. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured.. Vote Record - Resolution RES-2012-442 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] O [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Initiator [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] Page 12 May 22, 2012 Southold Town Board Meeting Minutes [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-443 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Southold Athletic Assoc. 5K November 1 O, 2012 Fiscal Impact: Police Department Cost for Event = $224.81 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a 5K race in Southold, New York on November 5~ 2012 beginning at 8:30 AM, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, subject to the following conditions: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski. 3. No objects of any kind shall be thrown to event spectators. 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees have been waived for this event. ~' V0t~ Ree6rd ~ ReSOlufl0n R~S-201~t3 ~fmt~ Williatn Ruled Initiator Tax R~eiv~'s Appt ~uisa P. Evans Voter R~c~d~ Scott Russell Vot~ Supt Hgwys Appt May 22, 2012 Southold Town Board Meeting Minutes Page 13 [] No Action 2012-444 CATEGOR~ DEPARTMEN~ Committee Appointment Town Clerk Appointment of Business Liaison RESOLVED that the Town Board of the Town of Southold hereby appoints John Stype as the "Town of Southold Business Liaison," a volunteer position that will work with the Town Board and the Economic Development Committee to represent the Town's intent in creating an atmosphere that welcomes new businesses and assists in retaining existing businesses. e' V0te Record- ReSOlution RES-2012~444 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] 13 [] [] [J Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert gaupski Jr. Initiator [] ~ [] [] [] [] Rescinded Louisa P. Evans Voter r~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-445 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk New Suffolk Civic Association Annual Independence Day Parade Fiscal Impact: Police Department Cost for the Event = $203.96 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Civic Association to hold its Annual Independence Day Parade on July 4~ 2019 beginning at 10:30 AM, using the following roads: New Suffolk Road, Fifth Street, and Main Street, subject to the following conditions: They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; Coordinate traffic control upon notification of the adoption of this resolution with May 22, 2012 Southold Town Board Meeting Minutes Page 14 Captain Kruszeski. 3. No objects of any kind shall be thrown to event spectators. 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees have been waived for this event. Vote Reeord- Resolution RES-2012-445 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder 171 [] Withdrawn Clxristopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] ~ ~ [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-446 CA TEGOR Y: DEPARTMENT: Property Acquisition Purchase Land Preservation AgPDD Annual Value BE IT RESOLVED, that pursuant to Chapter 280-176 of Article XXX, Agricultural Planned Development District (AgPDD) of the Town Code, the Town Board of the Town of Southold hereby sets the annual price to be paid by the Town for AgPDD development rights sales at $58,500 per true acre. BE IT FURTHER RESOLVED that the annual purchase price shall be valid for up to a year from the date of adoption, and that such purchase price may be amended during the annual time period upon recommendation by the Land Preservation Committee and adoption of same by the Town Board. BE IT FURTHER RESOLVED that applications presented prior to this date shall retain the right to the purchase price for AgPDD development right sales as of the time of acceptance of the complete application by the Town Board. Vote Record - Resolution RES-2012--446 [] Adopted El Adopted as Amended ~ Defeated Yes/Aye No/Nay Abstain Absent William Ruland Seconder [] [] [] [] May 22, 2012 Southold Town Board Meeting Minutes Page 15 [] Tabled Chhstopher Talbot Voter [] Withdrawn Jill Doherty Initiator [] Supervisor's Appt Albert Krupski Jr. Voter [] Tax Receiver's Appt Louisa P. Evans : Voter [] Rescinded Scoit Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-447 CA TEGOR Y: DEPARTMENT: Employment - Town Recreation Hire Recreation Department's Summer Seasonal Employees RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals for the 2012 summer season, June 23 through September 3. STILLWATER LIFEGUARDS HOURLY SALARY 1. Laurel Bertolas (lst year) .............................................. $12.17 2. Katherine Bertschi (lst year) ........................................$12.17 3. Ivy Croteau (4th year) ................................................ $12.99 4. Markis Croteau (lst year) ............................................. $12.17 5. Matthew Dellaquila (3rd year) ....................................... $12.72 6. Jordan Doroski (10th year) ............................................ $14.37 7. Ryan Fan'ell (4th year) ............................................... $12.99 8. Matthew Grzesik (4th year) .......................................... $12.99 9. Matthew Hallock (3rd year) ......................................... $12.72 10. Brittany Knote (7th year) ............................................... $13.82 11. Christiana Matron (6th year) ........................................ $13.54 12. Timothy McElroy (6th year) .......................................... $13.54 13. Sean Norberg (3rd year) ..............................................$12.72 14. Jessica Orlando (5th year) ...........................................$13.27 15. Kevin Parma (4th year) .............................................. $12.99 16. Megan Ross (4th year) ............................................... $12.99 17. Katie Scott (4th year) ................................................. $12.99 18. Kevin Schwartz (2nd year) ............................................$12.44 19. Lyndsie Taylor (lst year) .............................................. $12.17 20. Maeghan Wood (3rd year) ........................................... $12.72 21. Breton Worthington (3rd year) ...................................... $12.72 BEACH ATTENDANTS 1. Mary Bertschi (lst year) .............................................$9.42 2. Heather Gadomski (2nd year) ....................................... $9.58 May 22, 2012 Southold Town Board Meeting Minutes Page 16 3. Emily Metz (4th year) ................................................. $9.91 4. Grace O'Donnell (1st year) ..........................................$9.42 5. Sarah Stromski (2nd year) ...........................................$9.58 6. Morgan Zuhoski (lst year) .......................................... $9.42 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1. Emma Chylinski (3rd year) .............................................. $17.07 2. Breton Worthington (lst year) ........................................... $16.57 BEACH MANAGERS 1. Arthur Quintana (24th year) ......................................... $15.94 2. Timothy McElroy (5th year) ......................................... $14.74 RECREATION AIDES {PLAYGROUND INSTRUCTORS) 1. Heather Gadomski (2nd year) ......................................... $11.59 2. Sarah Stromski (lst year) .................................................. $11.34 LIFEGUARD TRAINER 1. Meg Sautkulis (3rd year) .............................................$16.24 ~V0te Re%rd ~ ReSOluti0n RF-3~2012~447 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator ~ [3 [] [] [] Withdrawn CinSstopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty : Voter 1~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] : [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-448 cA TEGOR Y: DEPARTMENT: Employment - Town Accounting Accept Resignation of Gregory Schweitzer RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Gregory C. Schweitzer from the position of Scale Operator for the Solid Waste District, effective May 17, 2012. Vote Record - Resolution RES-2012-448 [] Adopted [] Adopted as Amended [] Defeated , [] Tabled Yes/Aye No/Nay Abstain Absent Voter ~ FI [2] [] William Ruland Christopher Talbot Seconder [] [] [] [] May 22, 2012 Southold Town Board Meeting Minutes Page 17 [] Withdrawn Jill Doherty Voter [] Supervisor's Appt Albe~l Krapski Jr. Initiator [] Tax Receiver's Appt Louisa P. Evans Voter [] Rescinded Scott Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action Comment regarding resolution 448 COUNCILMAN KRUPSKI: We would like to thank him for his service to the town. 2012-449 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Budget Mod Between Youth Bureau & HRC Budgets Fiscal Impact: The Southold Youth Bureau and Programs for Aging are seeking a popcorn machine that can be utilized to enhance both programs. In an effort to save money the Youth Bureau and Senior Services departments have elected to pursue cost-sharing with the Office for Aging purchasing the popcorn machine and the Youth Bureau reimbursing them for their share thereby saving each department $223 RESOLVED that the Town Board of the Town of Southold hereby authorizes the budget modification fo the General Fund Whole Town 2012 as follows: FROM: A.7310.4.600.100 Youth Program Activities $233.00 TO: A.6772.4.100.110 Programs for the Aging, Supplies & Materials $233.00 Vote Record - Reaolution RES-2012-449 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Initiator ~ [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [~ ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter 1~ ~ [] [] [] [] Supt Hgwys Appt [] No Action May 22, 2012 Page 18 Southold Town Board Meeting Minutes 2012-450 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer 2012 Recreation Program Instructor RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following business for the Summer 2012 Recreation Programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2012 instructor line A7020.4.500.420. Eagles Neck Paddling Company (Stand Up Paddleboard) .......... $100.00 per person Vote Record - Resolution I~ES-2012-450 - [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland ~ Fl v1 F1 ~ [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans : Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-451 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Modification Agreement Form Between the Town of Southold and the New York State Department of State RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with a no-cost extension of time extending the term of Contract #C006793 (Planning, Design and Construction for 11 Stormwater Management Projects) to March 30, 2012, subject to the approval of the Town Attorney. ~/~_Vote Record - Resolu~~~__________________~tion RES-2012-451 [01 Adopted I[] Adopted as Amended Yes/Aye No/Nay Abstain Absent Willimn Ruland Initiator [] [] [] [] May 22, 2012 Southold Town Board Meeting Minutes Page 19 [] Defeated Christopher Talbot Voter [] Tabled Jill Doherty Voter [] Withdrawn Albert Krupski Jr. Seconder [] Supervisor's Appt Louisa P. Evans Voter [] Tax Receiver's Appt Scott Russell Voter [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-452 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Modification - Grinder Repairs Fiscal Impact: To cover cost of grinder engine rebuild. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.1.100.100 (FT Emp. Reg. Earnings) SR 8160.4.100.596 (Maint/Supply CBI Grinder) SR 8160.4.100.650 (Garbage Bags) SR 8160.4.400.655 (Repairs/CAT 966 Loader) SR 8160.4.400.680 (Trailer Fleet Repairs) To: $ 6,000.00 $ 6,500.00 $15,500.00 $ 2,000.00 $ 2,000.00 $32,000.00 SR 8160.4.400.665 (Repairs/CBI Grinder) $32,000.00 Vote ReCOrd ~ Resolution RE~2012-452 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [3 Tabled William Ruland Voter [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [3 Supervisor% Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albea Krupski Jr. Initiator [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action May 22, 2012 Southold Town Board Meeting Minutes Page 20 2012-453 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk New Suffolk Waterfront Fiscal Impact: no police RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Waterfront Fund for a total closure of Main Street, New Suffolk at the Eastern most end~ on Saturday~ May 26~ 2012 from 9:00 AM to 4:00 PM provided they 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Contact Captain Kruszeski for use of Police barricades for the event, 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event shall be waived. Vote R~eord - Re~Oiufi0n RE$-20i2-433 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland : Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doher~y Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-455 CA TEGOR Y: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee May 22, 2012 Southold Town Board Meeting Minutes Page 2 l RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #0125 effective October 7, 2012 pursuant to the Family Medical Leave Act. Vote R~C0ed - Re~olution RES-2012-455 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisoffs Appt Jill Doherty Initiator [] [] [] [] [] Tax Receivec's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] ~ [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt [] No Action 2012-456 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk BOAR Travel Reimbursement RESOLVED that the Town Board of the Town of Southold hereby grants permission to Nicholas Planamento, Jonathan Wiggins and Gerald Schultheis to attend Board of Assessment Review Training at the Suffolk County Office of Real Property Services in Riverhead, New York, held on April 25, 2012. Travel expenses to be a legal charge to the 2012 Assessors' budget (meetings and seminars). Vote Record; Res~lution RES-2012-456 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn CMistopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-457 May 22, 2012 Southold Town Board Meeting Minutes Page 22 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Execute the Intermunicipal Agreement Between the Town of Southold and the Village pf Greenport RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Village of Greenport in connection with the Town providing access regarding tax assessments and property information to the Village of Greenport for their use in ~repanngtne Village s zuIZ tax OlllS~ SuoJgGl to tllgapptovuiut tn~ ~uw. ~.[tutttc~y. Vote R~ord - Resolution RES-2012-457 I;t Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt i Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. lnitiato"-~'~ [] [] [] [] [] Rescinded Louisa P. Evans Voter [] i [] ~ FI [] Town Clerk's Appt Scott Russell ' Voter [] [3 ~ F1 [] Supt Hgw~s Appt : [] No Action 2012-458 CATEGORY: Policies DEPARTMENT: Town Clerk Adopt Energy Policy RESOLVED the Town Board of the Town of Southold hereby adopts the following Energy Policy: Town of Southold Energy Policy The Annual Energy Management Plan shall be crafted by the Southold Town Department of Public Works in coordination with the Energy Committee and submitted to the Southold Town Board for review and approval. The Energy Committee shall oversee the implementation of the Annual Energy Management Plan. 1) Purpose The Town of Southold is committed to energy efficient design and operation of its facilities in accordance with recognized Federal Energy Code and industry standards and in compliance with applicable Federal, State, and Local laws and regulations. This is a specific area for which all employees have personal responsibilities relating to optimizing the use of energy while May 22, 2012 Southold Town Board Meeting Minutes Page 23 conducting their day-to-day activities. The benefit is to all Town residents as we reduce the cost of operatioh~. All personnel and functions shall comply with this policy. 2) Goals The Town of Southold intends to achieve the following goals by enacting the policy herein: - Reduce energy consumption and costs; - Improve staff awareness about and involvement in energy-saving; - Eliminate as much waste as is feasibly possible; - Invest in energy efficient and green energy technologies; and, - Reduce CO2 emissions. 3) Responsibilities In addition to the energy conservation requirements detailed below, The Town of Southold shall adopt annual Energy Management Plans that shall include at a minimum: - Energy curtailment objectives (i.e., % reduction) for the following fiscal year. - Analysis of energy consumption data and metrics, from year to year and month to month, to track progress to compare to baseline. - Details and budgets of specific projects to be implemented by the Town in the following fiscal year. 4) Energy Conservation Requirements for all Town of Southold Operations and Personnel The Town of Southold shall adopt ASHRAE healing and cooling standards available at: http://www.ashrae.or e/standards-research--technology/standards--guidelines a) Lighting - All lights shall be turned off in unoccupied rooms at all times. - Overhead lighting shall be reduced as much as possible without creating unsafe conditions or interfering with the performance of duties. - Security and safety lighting shall be held to the lowest acceptable levels. - When possible, energy efficient lamps, bulbs, and fixtures shall be used in all locations. - When installing new lighting, the most current energy efficient and cost effective technology shall be used. - Take advantage of natural lighting/daylight and when feasible, turn off lights located near windows or in bright areas. - When possible, install motion detectors to minimize usage of artificial lighting in Town buildings. - Incandescent light bulbs will be replaced with fluorescent or LED lights. b) Heating and cooling standards - Temperature in Town Buildings and Offices shall be set as follows: Season When Occupied When Unoccupied Summer 72 to 76 degrees Fahrenheit 80 degrees Fahrenheit maximum* Winter 68 to 72 degrees Fahrenheit 58 degrees Fahrenheit minimum* May 22, 2012 Southold Town Board Meeting Minutes Page 24 * at the discretion of the Facility Manager of the facility. - In the winter months, close the blinds at night to reduce heat loss. - In the summer months, shade extreme sunlight when possible. - Ensure doors and windows are closed ovemight and when the building is heating or cooling. (responsible entity: Town DPW) - With regard to HVAC units, annually inspect and clean coils and reduce air leaks, replace filt~rs every six months, and regularly clean ducts (responsible entity: Town DPW) c) Technology-related energy reductions - All video monitors and personal computers shall be set for automatic power-down (sleep) mode after fifteen minutes of non-operation. - Automatic power-down or "energy saver" feature(s) shall be enabled on all copiers, printers and other electronics. - All non-essential personal computers, printers, copiers, and other electric equipment shall be turned off outside of normal business hours or when not in use. The automatic computer shut-down feature will be initiated for all non-essential equipment. - Use of copiers and printers shall be consolidated. Where possible, redundant printers and copiers shall be turned offand work shall be directed to nearby machines. - Employ GreenPrint Software to minimize waste when printing - Recycle ink/toner cartridges. Supply storage bin(s) for collection. d) Educate Town vehicle operators on the importance of energy efficient driving methods and techniques e) Equipment-related reductions - Implement a source reduction strategy including but not limited to purchasing products with less packaging; reusing materials such as pallets; and, minimize paper usage/waste when possible. Minimizing paper use includes setting printers to the "double-sided" print option, e-mailing whenever possible, locating the recyclable paper bin near the printer/copier, printing only when absolutely necessary. - Work with LIPA to evaluate available energy efficiency rebates or incentives. Use rebates and incentives for the purchase and/or reimbursement of fixtures and related items in town buildings. - Eliminate all non-essential small appliances (e.g., refrigerators, printers), where feasible. t) New Equipment Purchases - Purchase most economically energy efficient (i.e., Energy Star) equipment when available. - If new equipment is a component of an existing system, review, using above new equipment purchase criteria, for energy reduction and possible optimization of system resources and operation. g) Individual Eftbrts May 22, 2012 Southold Town Board Meeting Minutes Page 25 - Conservation of water resources and energy used to pump/heat/maintain hot and cold water systems - Report leaking faucets and running toilets to Town DPW - Introduce faucet flow restrictors and toilet water tank minimization devices - Reduce irrigation of outside areas through moisture sensors - Reduce hot water usage through review of hot water fixtures and restriction of such fixtures to appropriate and necessary uses h) Exchange Materials - Exchange or donate reusable commercial materials to reduce waste. - Participate in business Waste Exchange Programs · / Vote Recor~l - Resolution RES-2012-458 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] : [] [] [] Withdrawn Christopher Talbot Initiator [] [] ~ [] [] Supervisor's Appt Jill Doherty Voter ~1 [] ~ [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] ~ [] ~ [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 458 COUNCILMAN KRUPSKI: I would like to thank the energy committee for doing a lot of hard work on that. 2012-459 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney MOA W/CSEA Summer Works Program RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Agreement between the Town of Southold and the CSEA dated May 9~ 2012~ concerning utilization of the Suffolk County Department of Labor Works Program. Vote ReCord - Resolution RES-2012-459 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder ~ [] [] [] [] Defeated ~ [] Tabled Christopher Talbot Voter gl [] [] [] [] Withdrawn Jill Doherty Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] : [] [] [] May 22, 2012 Southold Town Board Meeting Minutes Page 26 [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-460 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Special Events RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the Uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated May 22, 2012, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, 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-2012-460 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent FI Tabled William Ruland Voter [] [3 [] [] [] Withdrawn Christopher Talbot Seconder [] ~ ~ [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] I [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-461 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk ENACT LL/Special Events May 22, 2012 Page 27 Southold Town Board Meeting Minutes WHEREAS, there has been presented to the Town Board of the Town of Southotd, Suffolk County, New York, on the 24th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events" 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 205~ Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order, the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. It is not the intent of this article to include the following: Ordinary and occasional use by owners of private property to host private gatherings to celebrate family events, holidays, etc. or to raise funds for charitable or other not for profit purposes. However, the use of residential property for profit, such as a venue for weddings, is prohibited at all times. The ordinary and occasional use by a special district for fundraising for its own purposes. Such use shall be on site and have adequate parking, ingress, egress, traffic control, and facilities to host such an event. The ordinary and occasional use of a property owned by a not for profit for fundraising for its own purpose. Such use shall be on site and has adequate parking, ingress, traffic control and facilities to host such an event. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: May 22, 2012 Southold Town Board Meeting Minutes Page 28 A ............. hall be proh Page 29 May 22, 2012 Southold Town Board Meeting Minutes ,~205-1. Definitions. PERSON - Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual. SPECIAL EVENT - Any temporary gathering, demonstration, performance, exhibition, amusement or activity with expected attendance that at any time exceeds the lawful occupancy of the public area of the building, the parking capacity of the site or that is not currently a permitted use of the property in the applicable zone, that is conducted or sponsored by a person, organization, entity or association, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, and which involves one or more of the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) the closing of a public street; the use, blocking or restriction of Town property or rights of way; the use of amplified sound; the sale of merchandise to the public; the sale or service of food to the public; the substantial increase or disruption of the normal flow of traffic on any street or highway; the placement of portable toilets; the placement of temporary no-parking or directional signs or banners; the use of any Town services that would not be necessary in the absence of such an event May 22, 2012 Southold Town Board Meeting Minutes Page 30 §205-2. Permit required. To preserve public peace, good order and the health safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold, unless a special event permit is obtained in accordance with the requirements set forth in this chapter. The Zoning Board of Appeals office may accept a single application for a recumng event or a series of similar events (not to exceed 6 in a 3 month period) that are of like size and scope. §205-3. Application Requirements. Information and material to be submitted with an application for a special event permit includes the following: A completed Special Event Application Form which includes the following information: a. Name, address and telephone number(s) of the person (s) who will be organizing the event and who can be contacted prior to and during the event by town officials~ b. The address of the event location. c. Proposed dates and hours of the special event, including set up and shutdown times; d. Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants; e. Expected numbers of automobiles and other vehicles intended to use the property at one time and collectively; f. The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor Authority License and County Department of Health Services permit number for the activity. g. Name and address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. h. The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to and the approval of the Building Department i. Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. j. The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of 2 million dollars per occurrence or such other limit as may be required by the Town Board. An application fee in the fbllowing amounts for each event: a. $150.00 for events with up to 250 attendees b. $250.00 for events with 251 to 500 attendees May 22, 2012 Southold Town Board Meeting Minutes Page 31 c. $350.00 for events with 501 to 749 attendees d. $450.00 for events with 750 to 999 attendees e. $550.00 for events with 1,000 or more attendees fi Applications that are submitted less than sixty (60) days prior to the proposed event may be rejected or subject to a late processing fee of $250.00. A general description of the proposed event including: a. The purpose of the event and description of the nature of the activities to be carded on and the admission fee to be charged, if any; b. Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. A parking/event plan showing: a. The size of the property and its location in relation to abutting streets or highways; b. The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event; c. The location of the stage or tents, if any; d. The designated areas of use for spectators, exhibitors, vendors, employees and organizers; e. Location of all exitsl f. The location of all fire extinguishers and other fire safety equipment; g. The location of all temporary utilities to be installed for the event, if any; h. The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. i. A traffic control plan for vehicles entering and leaving the site for the proposed event. Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any and the type and location of speakers and other audio equipment. k. A description of emergency access and facilities related to the event. 1. Provisions to dispose of any garbage, trash, rubbish or other refuse. m. Location and description of any additional lighting to be utilized in conjunction with the event[ n. Location of sanitary facilities on site. A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. ZBA Chairperson may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals shall have the discretion to waive any application requirement set forth in this Section. May 22, 2012 Southold Town Board Meeting Minutes Page 32 §205-4. Application Revimv Procedure and Standards. All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete will not be accepted or processed. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have iurisdiction over the event for their review and comment on any of the criteria set forth in §205-4(5) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector and Town Attorney. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. If no revisions are required or, upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: a. the size and capacity of the site to accommodate the proposed event; b. the facilities available; c. the availability of highway and other means of transportation to and from the site; d. Impact of the event on the safe and orderly movement of traffic within and contiguous to the event; e. Need for the Town to police such event, and whether the numbers of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. f. Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. g. Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. h. Whether the owner, applicant or event sponsor has violated a previously issued special event permit; i. Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a town agency approval, including but not limited to those of the Planning Board or the Zoning Board of Appeals. j. Verification that the grant of the permit will not violate any existing covenants or easements on the property. k. Whether a permit has been granted for a prior event that was the same or substantially similar to the event applied for; 1. If two or more events are scheduled for the same date are within a half mile radius of each other, the Chairperson of the Zoning Board of Appeals will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Chairperson of the Zoning Board of Appeals May 22, 2012 Southold Town Board Meeting Minutes Page33 shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Chairperson of the Zoning Board of Appeals shall consider the following: i. Whether the event is recurring ii. Whether the site has been subiect to a violation within the last three years. iii. The date the permit application was submitted. iv. If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town v. Whether the event will yield a donation to one or more local charities. m. If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. n. Impacts on adjacent property owners and the surrounding neighborhood; and o. Any other matters that relates to the health, safety and welfare of the general public. Any event held on property owned, leased or controlled by the Town or a Special District within the Town, or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority of the Town Board. In reviewing applications for such events, the Town Board may consider the following criteria in addition to the criteria set forth above: a. The size of the premises in relation to the number of people attending the event; b. The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; c. The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; d. Conflicts with ordinary public use of the land or facilities involved; e. Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and f. Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. For any event that is not on property owned, leased or controlled by the Town, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. ARer the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. For any event that is to be held on land owned, leased or controlled by the Town of Southold: a. the applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of 2 million dollars per occurrence or such other limit as may be required by the Town Board. b. the applicant shall pay a clean up deposit of $250; and May 22, 2012 Southold Town Board Meeting Minutes Page 34 12. c. Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in this Chapter. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. Applications for tent permits required for any event must be submitted directly to the Building Department. §205-5. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board determine that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. §205-6. Penalties for offenses. It shall be unlawful for any owner, occupant or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. For each offense against any of the provisions of this chapter or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: a. Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the May 22, 2012 Page 35 Southold Town Board Meeting Minutes procedures outlined herein shall be subject to a fine not less than $500.00 and not more than $1,000.00. b. Failure to comply with the terms of a permit. An,/person failing to comply with the terms of a permit shall be subiect to a fine of not less than $500.00 and not more than $1,500.00. For each subsequent offense, violator shall be guilt,/ofa misdemeanor punishable by a fine not less than $500.00 nor more than $5,000.00. No new special event permits will be issued to an,/propert,/owner, occupant or their agent if they are a named defendant in an outstanding or unresolved violation of this Chapter. The Town may also maintain an action or proceeding in a court of competent iurisdiction to compel compliance with or to restrain by iniunction the violation of this chapter. 1II. 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-201~-461 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt ~ [] Rescinded Albeit Krupski Jr. Voter [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt -- [] Supt Hgwys Appt Scott Russell : Voter [] [] [] [] [] No ActionNext: Jun 5, 2012 7:30 PM 2012-454 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Pekunka Open Space Elect to Purchase & SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of open space fee title on a certain property owned by Barbara J. Maczewski, Sandra M. Rinehart, and Michael M. Pekunka on the 22nd day of May, 2012, at which time all interested parties were given the opportunity to be heard; and May 22, 2012 Page 36 Southold Town Board Meeting Minutes WHEREAS, said property is located on the north side of Pipes Neck Road approximately 385 feet easterly from the intersection of NYS Route 25 and Pipes Neck Road to the LIRR track and further identified as part of SCTM #1000-53-1-6. The address is 475 Pipes Neck Road in Greenport, New York. The property is located in the LI (Light Industrial) zoning district; and WHEREAS, the purchase comprises a part of the property consisting of approximately 10.38± acres of the total property area, which excludes from the purchase an area of approximately 40,000 square feet (0.92 acre) that includes the existing residential dwelling and accessory structures. The exact area of the open space fee title purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the total purchase price is $550,000 (five hundred fifty thousand dollars) and is not based on a per acre value. The purchase will be funded by the Town's Community Preservation Fund; and WHEREAS, this acquisition project is eligible for an awarded grant from the New York State Office of Parks, Recreation and Historic Preservation to be used towards 50% of the purchase price plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, fresh and salt water marshes and wetland protection, and furtherance of a greenbelt. The purpose of this acquisition is for open space protection, passive recreational purposes, wetland and biological diversity protection and to expand the existing preservation and protection efforts of the Town and County within the Pipes Cove Area. Proposed uses of the property may include the establishment of a nature preserve, and a passive recreational area with trails, all subject to a Stewardship Management Plan that will be developed for this property; and WHEREAS, the Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credits into the Town TDR Bank; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator recommends that this action is consistent with the LWRP; and Page 37 May 22, 2012 Southold Town Board Meeting Minutes WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire an open space fee title >urchase; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title on this open space land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to this open space land from Barbara J. Marczewski, Sandra M. Rinehart, and Michael M. Pekunka identified as part of SCTM #1000-53.-1-6. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Town Board determines that this action is consistent with the LWRP. · / Vote R~cord;- Reso!n! on RES-2012-454 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abslain Absent [] Tabled William Rulm~d Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] ~ [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] E] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter '"'~ [] [] [] [] Supt Hgwys Appt [] No Action VI. Public Hearings Motion To: Motion to recess to Public Hearing May 22, 2012 Southold Town Board Meeting Minutes Page 38 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell PH 5/22/12 ~ 4:32 PM LL/Special Events History: 05/22/12 Town Board ADJOURNED RESULT: ADJOURNED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Next: 06/05/12 Next: 6/5/2012 7:30 PM Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Councilman Christopher M. Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 22aa day of May, 2012 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order, the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: §205-1. Definitions. May 22, 2012 Southold Town Board Meeting Minutes Page 39 PERSON - Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual. SPECIAL EVENT - Any temporary gathering, demonstration, performance, exhibition, amusement or activity with expected attendance that at any time exceeds the lawful occupancy of the public area of the building, the parking capacity of the site or that is not currently a permitted use of the property in the applicable zone, that is conducted or sponsored by a person, organization, entity or association, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, and which involves one or more of the following: 1) 2) 3) 4) s) 6) 7) 8) 9) the closing of a public street; the use, blocking or restriction of Town property or rights of way; the use of amplified sound; the sale of merchandise to the public; the sale or service of food to the public; the substantial increase or disruption of the normal flow of traffic on any street or highway; the placement of portable toilets; the placement of temporary no-parking or directional signs or banners; the use of any Town services that would not be necessary in the absence of such an event §205-2. Permit required. To preserve public peace, good order and the health safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold, unless a special event permit is obtained in accordance with the requirements set forth in this chapter. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed 6 in a 3 month period) that are of like size and scope. §205-3. Al~l~lication Requirements. Information and material to be submitted with an application for a special event permit includes the following: A completed Special Event Application Form which includes the following information: a. Name, address and telephone number(s) of the person (s) who will be organizing the event and who can be contacted prior to and during the event by town officials; b. The address of the event location. c. Proposed dates and hours of the special event, including set up and shutdown times[ d. Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants; May 22, 2012 Southold Town Board Meeting Minutes Page 40 Expected numbers of automobiles and other vehicles intended to use the property at one time and collectively; The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor Authority License and County Department of Health Services permit number for the activity. Name and address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to and the approval of the Building Department i. Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. j. The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of 2 million dollars per occurrence or such other limit as may be required by the Town Board. An application fee in the following amounts for each event: a. $250.00 for events with up to 250 attendees b. $350.00 for events with 251 to 500 attendees c. $450.00 for events with 501 to 749 attendees d. $550.00 for events with 750 to 999 attendees e. $650.00 for events with 1,000 or more attendees f. Applications that are submitted less than sixty (60) days prior to the proposed event may be rejected or subject to a late processing fee of $250.00. A general description of the proposed event including: a. The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any; b. Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. A parking/event plan showing: a. The size of the property and its location in relation to abutting streets or highways; b. The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event; c. The location of the stage or tents, if any; d. The designated areas of use for spectators, exhibitors, vendors, employees and organizers; e. Locationofall exits; fi The location of all fire extinguishers and other fire safety equipment; g. The location of all temporary utilities to be installed for the event, if any; May 22, 2012 Southold Town Board Meeting Minutes Page 41 h. The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. i. A traffic control plan for vehicles entering and leaving the site for the proposed event. j. Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any and the type and location of speakers and other audio equipment k. A description of emergency access and facilities related to the event. 1. Provisions to dispose of any garbage, trash, rubbish or other refuse. m. Location and description of any additional lighting to be utilized in conjunction with the event; n. Location of sanitary facilities on site. A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. ZBA Chairperson may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or fight-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals shall have the discretion to waive any application requirement set forth in this Section. ,~205-4. Application Review Procedure and Standards. All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete will not be accepted or processed. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in §205-4(5) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector and Town Attorney. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. If no revisions are required or, upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: a. the size and capacity of the site to accommodate the proposed event; b. the facilities available; c. the availability ofhi~3~way and other means of transportation to and from the site; May 22, 2012 Southold Town Board Meeting Minutes Page 42 Impact of the event on the safe and orderly movement of traffic within and contiguous to the event; Need for the Town to police such event, and whether the numbers of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. f. Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. g. Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event h. Whether the owner, applicant or event sponsor has violated a previously issued special event permit; i. Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a town agency approval, including but not limited to those of the Planning Board or the Zoning Board of Appeals. j. Verification that the grant of the permit will not violate any existing covenants or easements on the property. k. Whether a permit has been granted for a prior event that was the same or substantially similar to the event applied for; 1. If two or more events are scheduled for the same date are within a half mile radius of each other, the Chairperson of the Zoning Board of Appeals will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Chairperson of the Zoning Board of Appeals shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Chairperson of the Zoning Board of Appeals shall consider the following: i. Whether the event is recurring ii. Whether the site has been subject to a violation within the last three years. iii. The date the permit application was submitted. iv. If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town v. whether the event will yield a donation to one or more local charities. m. If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. n. Impacts on adjacent property owners and the surrounding neighborhood; and o. Any other matters that relates to the health, safety and welfare of the general public. Any event held on property owned, leased or controlled by the Town or a Special District within the Town, or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority the Town Board. In reviewing applications for such events, the Town Board may consider the following criteria in addition to the criteria set forth above: May 22, 2012 Page 43 Southold Town Board Meeting Minutes a. The size of the premises in relation to the number of people attending the event; b. The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; c. The frequency of events proposed or approved for the premises and whether the frequency is so ~'eat that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; d. Conflicts with ordinary public use of the land or facilities involved; e. Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and f. Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. For any event that is not on property owned, leased or controlled by the Town, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. For any event that is to be held on land owned, leased or controlled by the Town of Southold: the applicant shall pa,/a clean up deposit of $250; and Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. 9. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in this Chapter. 10. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. 11. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. 12. Applications for tent permits required for any event must be submitted directly to the Building Department. §205-5. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board determine that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson May 22, 2012 Page 44 Southold Town Board Meeting Minutes or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. §205-6. Penalties for offenses. It shall be unlawful for any owner, occupant or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. For each offense against any of the provisions of this chapter or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: a. Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine not less than $500.00 and not more than $1,000.00. b. Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500.00 and not more than $1,500.00. For each subsequent offense, violator shall be guilty of a misdemeanor punishable by a fine not less than $500.00 nor more than $5,000.00. No new special event permits will be issued to any property owner, occupant or their agent if they are a named defendant in an outstanding or unresolved violation of this Chapter. The Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. IlL SEVERABILITY If any clause, sentence, paragraph, section, or pan of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a letter from Donald Wilcenski Chairman of the Planning Board, "Thank you for the opportunity to provide comments on the proposed amendments to the Town Code referenced above. The Planning Board has reviewed the proposed amendments and agrees there is a need for a more specific code on special events. However the definition of 'special events' as drafted Page 45 May 22, 2012 Southold Town Board Meeting Minutes appears to encompass more than was intended and should be regulated. The definitions and details in this code should be reconsidered in light of the economic goals of the Town.' A letter from Mark Terry, Principal Planner and LWRP coordinator, The proposed local law has been reviewed to Chapter 268, waterfront consistency review of the Town of Southold town code and the Local waterfront revitalization program (LWRP) policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing it written determination regarding the consistency of the proposed action.' A letter from Suffolk County Department of Economic Development and Planning, 'Dear Ms. Neville, Pursuant to the requirements of sections A14-14 through A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning commission is considered to be a matter for local determinations as there is no apparent significant county wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval.' And that was from Sarah Lansdale, director of planning and Andrew Freleng, chief planner. I have a lengthy letter from the Long Island Wine Council. 'A local law in relation to amendments to chapter 205, to paraphrase it, 'Last September, the Long Island Wine Council provided draft changes to the zoning code related to permitted uses for farm wineries in AC, R- 80, R-120, R-200 and R-400 districts. At that time we urged that the zoning code be updated to reflect current New York State law and practice prior to adopting any new special events legislation. We continue to believe that the application of the new special events rules, based on permitted uses for farm wineries adopted some 25 years ago, may lead to subjective and arbitrary interpretation and enforcement. As a result, we are once again calling on the Town Board to amend the zoning rules pertaining to farm wineries before passing any new special events legislation. Notwithstanding our concerns about the application of the proposed law using outdated definitions of permitted uses related to farm wineries, we find the text of the new legislation flawed in an number of areas. We provide comments below and call upon the Town Board to re-open the task force discussions so that these problems can be addressed to the satisfaction to all parties concerned. Failure to do so will certainly undermine the viability of our industry and its ability to draw tourists to the Town of Southold with significant impacts throughout the local economy.' They had made some recommendations and that is part of the record, it can be reviewed. I have a letter from Charles Cuddy, 'I am writing because other commitments will not permit me to attend the public hearing on the proposed local law amendment to the special events section of the town code. I suggest that the proposal before you is overreaching and imposes an unnecessary burden on a large section of the community. Its breadth would surprise both sponsors and participants in regular social occasions. As written, it could extend to private home weddings, graduation parties and even special birthday parties. Further, I assume these are unintended consequences. It could embrace annual events sponsored by service clubs or volunteer organizations. By this local law, innocent, unsuspecting parties would be caught in a web of regulation which would require, among other things, a parking plan for a singular event by a local resident or organization. The special events proposal should be further reviewed, reconsidered and revised.' Charles Cuddy. A letter from William Edwards, Mattituck. 'To the Board: Because I will be out of town on Tuesday May 22 during the public hearing on the proposed local law regarding public entertainment and special events, I would May 22, 2012 Southold Town Board Meeting Minutes Page 46 appreciate your reading the following comments aloud and into the record at the hearing regarding the proposed legislation. From time to time, I (like many other residents of Southold Town) have hosted small fundraising events at my home for the benefit of political candidates or non profit causes I support. The number of people attending these events has ranged from 25- 75. Every Christmas Eve morning for the past eight years we have hosted 40-50 guests to a private brunch at our home. Since there are usually more cars than space on my property to park them, our guests park along the side of Park Avenue, the quiet street in Mattituck where we reside. As a courtesy, I normally give the police a heads-up call a couple of days before the event as well as telling the affected neighbors of my plans. When necessary, we arrange for someone to stay on the street to direct parking so that the street is not impeded. As I read the proposed legislation, the private events at my home would not escape the definition of a special event under the code and I think that is ridiculous. The law dictates that I have exceeded the parking capacity of the site as soon as a single guest has parked on the public street and since of course, I serve food at these events, any such event I host qualifies as a special event under the definition in the proposed code. These two conditions alone would require that I drive to Town Hall with $250 and an outrageous amount of paperwork per section 205-3, application requirements, at least 60 days beforehand. I cannot believe this was ever the intention of the Town Board but that is how the legislation reads. $250 to hold a private Christmas party?' (I think some of this has been clarified tonight) 'The glaring defect of this legislation is that it draws no distinction between public and private events. Last night, I attended a dinner party in Greenport at which thirteen people sat down to the table. According to the legislation, our host (a person) whose parking capacity was not sufficient for the guests cars, and whose dinner involved the 'service of food' would under this law be required to go through the whole procedure 60 days in advance including the $250 payment and all the paperwork. Do you really want every dinner party involving street parking by guests to fall under your legislation? I am also concerned at the level of discretionary authority the legislation appears to give to the chairperson of the ZBA. Many political events (from small rallies to fundraisers) are held on private property and would qualify as special events covered by the proposed legislation. Since we can expect that any ZBA chairperson will be a m~nber of a political party, the legislation invites him/her to use the legislation to place extra burdens on applications from members of the opposite political persuasion. I urge you to start over and next time don't use a shotgun where a BB gun would better serve. This is sloppily written legislation and the town deserves better. When I first heard of the special events task force, I dispatched an email to Supervisor Russell offering my time and experience toward the project. That offer still holds.' And that was from Bill Edwards. And then we have just a short environmental assessment form and that is it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I am just going to, I know there is going to be a lot of show of hands, I will try to get to everybody. But what I am going to start on this side and then work my way over if I can. Who would like to go first? Edward Boyd, Southold EDWARD BOYD: Edward Boyd, Southold, New York. I am going to limit my comments to one particular group of potential permitees and that is the fire district or the fire departments of this town. I appreciate what this Board has done with regard to the intent aspects that were added sometime during the day to the proposed legislation. However, the intent does not erase May 22, 2012 Southold Town Board Meeting Minutes Page 47 some of the comments that appear in the body of this legislation, I am concerned that we have a split, a dichotomy between the intent and the wording of the legislation itself. If it is truly the intention of this Board to obviate the necessity for fire districts and fire departments to apply for permits, may I suggest that you simply state that as the language of the law, as opposed to having it veiled as an attempt? It would be a very simple thing to do, simply say this law shall not apply to fire districts and fire departments. Leave it at that and we are out and we can go home. Any questions on my comments? COUNCILMAN KRUPSKI: The wording in the latest draft that I have, it says it is not the intent of this article to include the following, now, I am not a lawyer so I am going to defer to our lawyer. Is that, isn't that clear enough? Or is it clear enough? TOWN ATTORNEY FINNEGAN: For your intent, it clearly states the intent. I think the intent is not to regulate every event that happens at a ftre house or within a fire district. There was a discussion by the Town Board of maintaining the ability for very large events in the town that require closing of roads, you know, that type of thing, to be able to review them. Any event in the special district realm comes under the Town Board review which is a streamlined process similar to what everybody has done in the past. The same, write in a letter and it is not the same review that goes under other special events at other locations. That amendment was made with the intention of not requiring special districts or fire districts to come in for every single event that occurs on the premises. And the amendment today to the intent was meant to further clarify that the occasional, ordinary event that you have. I understand what you are saying in terms of that the intent is not the law, it is a matter of interpretation of the law but that is what the intent is of the Board, it is not to bring in and require fire districts to come in every weekend, every time there is a gathering at the fire house. MR. BOYD: Then if that is the case, why cannot we simply say that in the law rather than rely upon the intent of this Board and then perhaps another Board which might come in, in a year or two and another Boar that might come in after that? Let us simply put in the law that this shall not apply to fire districts. TOWN ATTORNEY FINNEGAN: I think the concern is that that exempts every conceivable, there is never, and if there is a very large event... MR. BOYD: Then spell that out. TOWN ATTORNEY FINNEGAN: Well, that is what's in the, in the town owned property .... MR. BOYD: It's not town owned property, it is special district owned property. TOWN ATTORNEY FINNEGAN: I know but it is subject to the same criteria of events on town owned property. MR. BOYD: Different sections, I believe. May 22, 2012 Southold Town Board Meeting Minutes Page 48 TOWN ATTORNEY FINNEGAN: So it's not the same application requirement, it is a different process for the special districts. MR. BOYD: So it is the intent of this Board to still maintain control over the fire districts for what they do on their property? SUPERVISOR RUSSELL: Actually, no it is not. It is the intent of this Board to listen tonight, to take all of the recommendations, and discuss them. We are here for public input. MR. BOYD: Okay. SUPERVISOR RUSSELL: I think there has only been a few occasions in the past where the fire departments have had to get a permit from the town and you have always complied. This doesn't change... MR. BOYD: Of course. SUPERVISOR RUSSELL: This doesn't change what you have done, with regard to tent permits, with regard to road closings and insurance issues. We always have worked well with the fire department. This doesn't bring anything new to the table with regard to our relationship with the fire department. However, we are here to listen... MR. BOYD: It does in terms of the application fees. SUPERVISOR RUSSELL: Actually, the Town Board has the authority to waive all fees. MR. BOYD: That's the thing, the Town Board has the authority to waive but there is no guarantee that they are going to do it. So there are changes, there are considerable changes. SUPERVISOR RUSSELL: Then what we will do is we will listen to what everybody has to say and we will take that as advice and direction. MR. BOYD: I think the simplest thing to do is to exempt the fire districts and the fire departments from the broad aspects of this law. Then everyone would be happy and well served. SUPERVISOR RUSSELL: Who would like to be next? Pete? Peter Harris, Greenport PETER HARRIS: Peter Harris, 212 Knapp Place Greenport. Judge Boyd, I believe one of the reasons the Town Board has hedged on what you were requesting as far as a blanket dismissal of us fire districts having to be accountable and I believe one of the concerns is Greenport Fire Department sponsors a bike event and approximately 1,000 bike riders and I can understand the Town's concern, I can understand the police departments concern but Greenport Fire Department is not the only venue that, there are multiple bike events throughout the year in Southold Town, there are triathlon's, many other things that there are a multitude of participants. But that, just to make the record straight, I believe that is why the Town Attorney and the Town Board's hedging May 22, 2012 Southold Town Board Meeting Minutes Page 49 is the fact that an event such as the one that Greenport Fire Department is going to be sponsoring this year. Thank you. COUNCILMAN KRUPSKI: Pete, I don't think it was hedging, I thought when it said intent, that was our intent. I don't think that was hedging and as far as the bike race goes, on the agenda tonight there is a request from the Cutchogue Fire Department to close five roads down for a 5 K run and that is pretty standard practice, that someone has to come in to the Town Board to get permission for a road closure and the bike race, it doesn't matter, they have to get permission for the town roads whether it is the fire department or anyone else. That is not fire department property. I think that is apples and oranges, for the bike race. MR. HARRIS: I totally understand that, A1 but the point I am trying to make is that you know, whether it is a barbecue, a carnival, which it is located you know, it is not on a road, okay? The event that, one of the events that Greenport is sponsoring has to do with users on town roads and that is the aspect why you know, when Mr. Boyd asked for that general across the board, I know from having discussions with you up on the dais about this, this is one of your concerns. That is my only point. SUPERVISOR RUSSELL: Who would like to go next? Edward Harbes, Mattituck ED HARBES: Good afternoon, my name is Ed Harbes from Harbes farm in Mattituck. Could you clarify the position on this ordinance would have on harvest, vegetable harvest events such as you pick strawberries or apples or pumpkins that might attract several hundred people? SUPERVISOR RUSSELL: They don't have any, doesn't have any bearing on the direct sale of produce, it has never come under the aegis of the special events legislation. And this will not change that. The direct sale of produce is not part of the aegis of the special events legislation. It would, however, extend special events allowances to other aghcultural operations besides just wineries. We believe that special events should be part of the economic engine of all the agricultural industries, we have one in Cutchogue that is operating very well right now. We are trying to include as many people as possible. But that I believe, is direct sale of agricultural product that is not regulated by this law or any other law. MR. HARBES: Okay. Thank you. William D. Moore, Attorney, Southold BILL MOORE: That goes without saying, of course, you are going to rework on this thing and republish it and folks will be back again, so I won't address the scope because that has been talked about quite a few times. By the way, Bill Moore, 51020 Main Road Southold. In reading the local law, I was intrigued by and appreciating the idea of using a single person to be the review person. I understand the idea of making it rather streamlined, I have never seen anywhere it be a zoning board member as the way to do that. Zoning Board's are creatures of state law, operating and using and implementing and interpreting and enforcing the town zoning code. So I question whether or not that is an appropriate use of a particular named person on the Zoning Board of Appeals, that that is an appropriate position to use. If you feel comfortable that it is and May 22, 2012 Southold Town Board Meeting Minutes Page 50 I didn't do a lot of time researching it, never having seen such a use of that Board or a person from that Board, if that is something you are comfortable with, having given all that discretion in the list of criteria, I would recommend that you consider an appeal process, short and to the point. And we have it within our code in other places where the Town Board acts as the appellate body for another persons decision, where discretion is left in there. So you might want to consider that. Lastly, it seems to be a new trend in various sections in our code and that is linking charges or violations or alleged violations to prohibiting you to get a permit under the present law. And I am referring to 205-6, in this case it's subdivision C. The Trustees have a similar thing. If they say you have got a violation on another piece of property, you, your agent, your applicant or your contract or what have you, is precluded from seeking a permit approval or such on another piece of property. The problem, as clever as that is, the problem with it is when a person is facing a charge and challenging it and saying, hey, I disagree, I don't think I violated that provision of the code, if I am the ABC marine contracting company for example and my property is in Cutchogue, I have got 5 more applications in Mattituck, I want to plead guilty simply to move along. The same kind of penalty provision is put here, if I am challenging, if a client is challenging whether or not a violation is taking place, in the meantime, they can't go and get an application to prove through the law. I don't think you want to be putting people in that position because when they do plead, it is under some kind of duress because they have to move along. It is not an intelligent, informed plea and the judge may understand what I am referring to in that respect. Those are the basic comments and I thank you for your time. SUPERVISOR RUSSELL: Thanks. But let me just say, I think the appellate notion, the function of this Board is actually an excellent idea but just to clarify, the Zoning Board of Appeals chair has been the person that has been processing these applications in this legislation long before any of us sat on this dais. It has been part of the special events legislation passed prior to me, I think the previous Board passed that ifI am not mistaken. MR. MOORE: Inaudible. But I question that as well. SUPERVISOR RUSSELL: Fair point, thank you. Who would like to go next? Sally Kahn, Southold SALLY KAHN: Good afternoon, my name is Sally Kahn, I am resident of Southold, the Bayview area. I am glad to see that you did put a new preamble on the legislation because it was extremely broad. However, I still have very many questions of the preamble. For example, what is ordinary and occasional and who defines it? Could it not be subject to different definitions by different Boards at different times? Secondly, you do not mention anywhere political. So if a private person is running a party for say a political candidate and raising money for a candidate, is that part of their own purposes? Secondly, if you look at the special districts and the not for profit properties, you say for their own purposes. Well, how about when they are renting? If Southold Historical is using Founders Landing, it is not for Founders Landing own purpose, do they have to come and get permits and go through that whole process? Does someone renting Founders Landing for say a christening or an anniversary party have to do the same process or let's say a political organization is renting private property or a non profit is renting private property, do we then go into the whole permit process? I don't think any of this is clear in your legislation and frankly, I am afraid, particularly in certain areas that you know it is going to May 22, 2012 Page 51 Southold Town Board Meeting Minutes interpreted in different ways at different times. And I think it should be more specific than it is. In addition, I would like to see some clarification and discussion of politics, of political candidates and political campaigns because when you have set up a process of permits and health department and buildings department for tents etc., you are setting up a process that might possibly interfere with political speech. I think you have to be very careful. So I would like to see some further discussion and revision of the legislation. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Let me just clarify, with the other issues are fair points to raise, which would be the Southold Historical Society operating at Founders, I understand all that. Just from the political point of view, we had actually when we included charitable or other not for profit purpose, we had meant to be all encompassing since fundraising efforts for political candidates have to be not for profit as a matter of election law. Go ahead, Steve. Steve Bate, Exec Dir LI WineCcouncil STEVE BATE: Thank you, Scott. I am Steve Bate, I am executive director of the Long Island Wine Council and I was going to start by thanking you, Supervisor, for the opportunity to participate in the special events task force last year. And also to Town Attorney Martin Finnegan for conducting the discussions in such a balanced and productive manner. However, I have to say that after looking at the text that emerged, I really don't think that the task force has finished its work yet. There were a number of issues, a number of key issues that were discussed that were not reflected in the text and I know that you tried to address some of those this moming. For example, we did spend a fair amount of time on possible exemptions, including non profits and marketing activities that could be considered normal business operations. From the wine industries perspective, we urged that the zoning rules related to farm wineries be revised at the same time so that the laws referenced permitted uses would rely upon an updated understanding of what wineries are allowed to do in the course of normal business practices. Without this change, the draft law still uses a definition that is really sweeping in its scope. And I think we can all think of examples of events thaCrequires some kind of oversight by town officials. Clearly they include large public events that create significant traffic problems or risks to residents safety and welfare. But a small event at a small venue like a winery or a farmstand, with the outdoor space to accommodate a reasonable size group should not be lumped into this definition by virtue of their building capacity. Under the current definition, marketing activities that might draw 30 people and really should be considered normal marketing, will be treated the same as an event with 250 people. Not only does this discriminate against smaller businesses but it can seriously undermine their viability. And I really don't think that was the intent of the task force discussions. So we make some, we provided a paper this morning which makes some suggestions for changes to the draft law which would limit its application so that town officials can really concentrate on those events that truly pose risks to public peace, good order or the health, safety and welfare of residents. Beyond a narrower definition of special event, we also suggest some changes to the permit requirements, for example, we appreciate that the text allows for a multiple event permit but we don't think it should be arbitrarily set at only six in a three month period. Once again, it depends on what you actually consider to be an event rather than a normal marketing initiative. Rather than try to interpret each activity, we think you should consider a seasonal permit that provides some flexibility for businesses while still giving the May 22, 2012 Southold Town Board Meeting Minutes Page 52 town for an opportunity to review contingency plans for large attendance and noise levels. We also have significant problems with the permit fees which we really consider to be exorbitant, especially if you are going to include small marketing events at smaller wineries. Despite what people seem to think, there are very tight margins in our industry. When you add in the cost of an event, including staffing, product costs, advertising, etc., the fees involved will probably make many activities at smaller venues unprofitable, especially if they are not planned 60 days in advance. We would urge that the whole fee structure be revised to reflect economic realities and certainly triggered at a much higher attendance threshold. We have similar concerns about the time frame for review. In the current text there is no time limit suggested for the process to be completed. Events obviously need promotion to have any chance at success. If someone proposes an event with 60 days notice but approval isn't received until 10 days before the date, it is basically a de facto rejection because there just won't be enough time to do it right. So we call for approvals within a reasonable time frame and if not, the application fee should be refunded. In fact, we believe if a business thinks that they don't have enough time or that the conditions applied to the event will compromise its success, they should be able to withdraw their application and receive a full refund of the fee. The text also allows the ZBA chairperson the authority to decide which events will be allowed to take place if there are multiple applications within a half mile radius. Once again, this is going to be highly dependant on the definition of a special event. Obviously we can think of examples large events that might require that kind of choice but many of our wineries are located within 500 yards of each other. If their marketing activities are defined as special events, are you really going to pick and choose which get to happen? There really should be an attendance threshold attached to this provision as well. And as has been said, we also noted that there were two places in the text where the permitting process can be waived by either the ZBA chairperson or the Town Board. Although this may be an important option to have, it is also a recipe for subjective enforcement. We believe that there should be some guidelines provided so that whenever possible, businesses can try to plan their events accordingly which will reduce administrative burdens for them and the town. And then finally given the uncertainty in the definition about what really constitutes a special event, we are very concerned that the town will be able to impose a $1,000 fine if it retroactively considers a marketing activity to be a special event. So this is just a quick summary about some of the concerns we have about this draft text and there is no question in our mind that it really does need some work before it can become law, so we urge you to reconsider or maybe reconvene the special events task fome so that we can try to resolve these issues and end up with something that we can all live with rather than something that will create considerably confusion at best and at worst, discriminate against smaller businesses and seriously undermine our ability to provide jobs and contribute to the local economy. Thank you. Barbara Smithen, Oregon Road, Mattituck BARBARA SMITHEN: I am Barbara Smithen, I live at 2600 Oregon Road in Mattituck. I own Sherwood House vineyards. I just have a quick question, I have been dealing with the town for about 1 V2 years on my own thing and it is a very slow process. I would like to know with 56 vineyards, how, when there are people on the ZBA that have other businesses that they have to run, how are they going to handle all of these applications in a timely manner? I just don't, like really? I mean how are they going to get it done? Page 53 May 22, 2012 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: They have been doing it right along. A lot of this process is already in place. And they .... MS. SMITHEN: But now we have 56 vineyards that want to do an event every other weekend... SUPERVISOR RUSSELL: Very dedicated people. MS. SMITHEN: It is a lot. SUPERVISOR RUSSELL: It certainly has been and they have been doing an excellent job keeping pace with the applications that have been coming in. This is a review process that already is more or less already in place. They have managed to get it done. Benja, you had your hand up. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good afternoon, Benja Schwartz, Cutchogue. Scott, first you spoke about there was a successful operation in Cutchogue, when you were talking before you mentioned something about successful operation in Cutchogue. I don't know what you were talking about, some vineyard or? SUPERVISOR RUSSELL: I honestly don't remember. MR. SCHWARTZ: Alright. It was something you said. I think we should support wine tastings at wineries. I put that in quotes, wine tastings. Because we are obviously not talking about just people coming to taste some wine, but something more than that. however, we can't support that if it is causing destructive impacts on the public health, safety and welfare. There is a saying in the law that bad cases make bad law and not that this is not a very fine attempt to make laws for the whole town and the future but I also think there is some kind of, that perhaps the situation in Cutchogue at Route 48 vineyard maybe was part of the motivation for this. And I think that could be addressed more directly. Another example in Cutchogue is the Peconic Bay vineyard which has special events all the time. I don't think they have been getting permits but they have designed a tasting room where they put amplifiers and they amplify the music, I like the music but when I am trying to get in or out of King Kullen, the way the traffic is these days, I really don't appreciate the bass notes especially. And I think the Southold Town police probably have authority to go there without any reference to the noise law and tell these people to stop because they are causing a traffic hazard. So I think that a lot of this, at least the immediate, we should look for ways to do this without unduly overbroad legislation but I also appreciate and approve of the town trying to create legislation that will guide the future development of Southold Town. I think we have a long way to go and I don't think it is going to happen if we just leave it to the Town Board. It is great to see this meeting room filled tonight but I have been in here on most nights, there is nobody here. And while there are people that have participated in task forces or the special events, whatever it was called, the committee, special committee, you know, there are many ways that this town government could be interactive and could benefit from the intelligence in the community if it wanted to. Thank you. SUPERVISOR RUSSELL: Who would like to go next? May 22, 2012 Southold Town Board Meeting Minutes Page 54 Joseph Gergela, Exec Dir LI Farm Bureau JOE GERGELA: Good evening, members of the Board. My name is Joe Gergela, I am executive director of Long Island Farm Bureau and I am an old Polish potato farmer. My mother used to tell me a saying, Mama get the hammer, there is a fly on Papa's head. I think sometimes that my experience with government over, this is my, I am entering my 25th year wit the farm bureau. I certainly appreciate and applaud the Board's effort to come up with some mechanism to control some of the problems that are at least perceived, some are reality in certain neighborhoods etc., etc., with noise and outlandish behavior and all of that. I am basically here because the Farm Bureau and the Wine Council, we are pretty much one in the same in that their members are my members and we also represent the entire spectrum of agriculture here on Long Island. We represent over 4,000 families. Steve did a fantastic job in outlining the council's concerns very specifically point by point. I just wanted to ask a couple of things or suggest a couple of things. First of all, because there is a lot of people interested in this, I wanted to ask the Board to keep the hearing open a little while to make sure that you are going to listen to all the points of view. So I appreciated your comment Supervisor. Second area of great concern is financial impact. Just a little while ago, I was in Suffolk County, down in Melville with Kevin Law and different people that are involved with the economic development committee of the governor and a couple of people came up to me and said oh, this is a job breaking proposal in Southold, you are going to have fun there this afternoon. And that is the perception island wide by the economic development leaders of the island. They are concerned, we want to make sure that small business is going to be successful and viable. So the fee structure, I personally looked at it, I have had some discussion with some of the Board, I am a little concerned about the fee structure, I do think that you need to take a look at that or need a sliding scale or something. We don't want to hurt the small guys. I will just pick a hypothetical, Waters Crest, everybody knows Jimmy Waters, he does a great job with his business. We want to make sure that guys like that are not going to be inundated with fees, permits, etc. etc. So what I am asking is for a little time to work with Marty and the Town Board to further take this to make it a little bit softer for the industry. I don't think anybody you know, we all get why you need to have something to protect the citizens of the town but at the same token, it needs to be a little bit more balanced to not hurt industry. So that is really all that I wanted to say and I thank you for the opportunity, Supervisor and members of the Board. Thank you. Don Sayre, Southold DON SAYRE: Don Sayre, Southold. departments, please, just be specific. shouldn't even be here. Thank you. Just to get back to the point of fire districts and fire Exempt fire departments, exempt fire districts. We Patricia Moore, Attorney, Southold PATRICIA MOORE: Good evening, Patricia Moore, 51020 Main Road Southold. Since this law is going back for reconsideration, I won't go through the entire text with all my comments. I think generically I would say that the applicability of this taw, I think you have heard over and over is just too broad. My concern just with your intent alone when you revised it, you added a sentence which I think undermines the wineries and other entities that have weddings because you say however, the use of residential property for profit such as a venue for weddings is prohibited at all times. It is one little sentence tucked in there that undermines the whole permit process that the vineyards would be going through. So I don't like to see, I am sure that is not May 22, 2012 Southold Town Board Meeting Minutes Page 55 what you intended, I think what you intended was a homeowner that is running a wedding venue but that is not the way it reads and I think it could be misapplied. So I would ask you to please look at that, your intent even your intent needs to be reworked. The Wharf House and the park district, I think equally has issues because even any wedding that occurs there during the summertime, you have the park, you have the beach goers and then you have the weddings that are occurring at the Wharf House, always ends up with some form of parking and the need for additional parking. Whether it is the venue that is parking on the grass, the lawn at the park district, which then triggers the beach goers to park in the street, there is an interrelationship there, so if you are going to exclude the fire districts, I would suggest you also exclude park district as well. I am a, I live right around the neighborhood and I understand where the neighborhood, it helps keep our park district taxes low to have the park district provide for activities and it is also a benefit to the park district members to be able to use that venue. I have had lots of children's parties and a wedding that will be there so, I don't want to see this law be applicable to the park district as well. So please go back, rework this law, I am sure you will hear from after you have reworked it but right from the beginning, this was overreaching. So, thank you. SUPERVISOR RUSSELL: Would anybody else like to comment? Steve Mudd, Southold STEVE MUDD: Good afternoon, I am Steve Mudd, I am a farmer on CR 48 in Southold. There are a lot of things that are disturbing me about this legislation, as well as a lot of people in this room this evening. It seems to me that what is happening in Southold Town and ! surely could be wrong, it seems to me that the Town Board, this and previous Boards ahead of this Board, have, maybe not intentionally, but have segregated different types of growing on the eastern end of Long Island and I have huge difficulty with that. ! believe it is of the mindset of a lot of people not necessarily exclusively on the Town Board that a grape grower is not a farmer and I want to debate anybody that has that mindset but that is as far from the truth as that can be. But yet we have two sets of rules for grape growers and conventional farmers which is, again, most confusing to me and it surfaced here again this evening and then this legislation that farmstands, not wineries, but farmstands are exempt from this code. And I spoke with one of the Board members about this and they told me that the reason that that was the reason was because Ag and Markets defines hayrides, pumpkin picking, corn mazes, everything that conventional farmers, in most people's mindset what is a conventional farmer again is acceptable and it is exempt from this provision that we are talking about, this new code. I take that as a personal insult. I would recommend to this Board, like most codes or provisions that are under consideration surface is that there is some problems with certain entities or whatever the reason that this has surfaced and it wasn't just in the past six months, we know that you guys have been working on this for a couple of years and we respect that, I am not challenging the need for that. but that being said, we have a brand new law in this town, a new noise ordinance code that got implemented, I don't know exactly when but I don't believe that we have gone through a full season and the season being defined for everyone that is in this room is a summer season when our traffic is quadrupled or what have you. I would recommend to this Board to seriously implement and to try for one growing season how well this new decimal code requirement is or is not going to work. We haven't even given it a shot yet. The main reason everybody is in this room is because of certain businesses that probably wouldn't be considered right neighborly. Again, that is because of May 22, 2012 Southold Town Board Meeting Minutes Page 56 additional noise or off road parking or etc. i talked to Joe Gergela pertaining to this and you know, I am not a farmer, I am a grape grower but we grew a lot of crops before this, so I am a farmer, I am not a grape grower. I am a farmer. Everybody that grows grapes is a farmer and I just fear that this town is maybe not intentionally but it appears to be somewhat repetitious that we are separating commodities on Long Island, on the eastern end of Long Island. And I am telling you guys, don't do that. Don't do that. That is the rudest thing you can possibly do. I can remember when I was just a farmer, before I became a grape grower, it was cattle sheep. We did away with that cattle and sheep when we had (inaudible) stopping this town from trying to shove five acre zoning down our throat. And I remind this Board respectfully, not disrespectfully but respectfully, we had no support from any Board member at that time and it was public support that came out and supported our mission and we stopped that crappy law. Which I am hoping that we can make amends on this one. We need this. I am not challenging that we need this but to go to the wineries, the grape growers, not the farmers is totally unacceptable. I would encourage the Board to implement the new law that hasn't even had one season under its belt yet, maybe that is going to resolve a lot of these issues, in all fairness I am asking you to implement that. you have had numerous requests to keep this public hearing open. I see a lot of head nods up there, I can only hope because I am familiar with the law, at the time the Supervisor puts the anvil down and says are there any more public comments and the answer is no, you guys can vote on that. I am asking you to do the fight thing today, do not vote on this and let's go back to the table. Thank you. SUPERVISOR RUSSELL: Who else would like to come up and address the Town Board on this particular issue? Please. Sal Liberto, Secretary LI Wine Council SAL DELLAPRIETO: Good afternoon, my name is Sal Dellaprieto, I am secretary of the Long Island Wine Council and vineyard and winery owner in Jamesport. I thank you for the opportunity to speak. I certainly want to join in the comments on those people I heard that talked on the behalf of the fire districts and say that they should be exempt. And I will go one step further and say that I don't think anybody would have any problc~m with this law if we just exempt all businesses and individuals in the Town of Southold and that may seem facetious but it is no more facetious than this law. I was wondering to myself who put this law together and drafted it? Is it someone who has been living in this world and on this planet for the past several years? You know we are going through the worst economic times in the history of this world since the great depression over 80 years ago. Is this really the right time to come in and pass legislation that is going to put more of a financial burden on the businesses and especially the wineries on the east end? Is this the time to pass a law that is undoubtedly going to lead to further unemployment on the east end of Long Island? And lastly, is this the time to pass a law that is guaranteed to diminish, reduce and perhaps cause a slow death to the Long Island wine industry? And I guess the answer to that question probably lies in everyone's opinion of the Long Island wine industry. And I wonder to myself, if the Supervisor and the m~mbers of this Board if they believe, I have one question, do you believe that the Long Island wine industry is an important part of the economy of the east end of Long Island? If you do, you can't vote for this law. If you don't, it's a shame. Because everyone who knows, points to the Long Island wine industry and the farmstands, they call it the economic engine that drives the economy of eastern end of Long Island. You want to take that economic engine and take off its wheels. May 22, 2012 Southold Town Board Meeting Minutes Page 57 Knock it off the tracks. What were you thinking? What were you thinking? I implore you, as Mr. Mudd did, not to vote on this, to go back to table and to work on something or to just not enforce it, not look to develop the law at this point. Enforce the laws that you have. If you have individual situations that disturb the town, enforce the law as so far as those situations are concerned. But don't, as somebody said, Joe Gergela said, don't think there is a fly on somebody's head and try to hit it with a hammer. Thank you for your time. Rich Olsen Harvey, Mattituck RICH OLSEN HARVICK: Good afternoon, my name is Rich Olsen Harvick, I have been working in vineyards and wineries for about 30 years. I live in Mattituck, I pay my taxes, raise my family, earn a living in the wine industry. It's what I have done my whole life. And I work for Bedell Cellars, I make the wine there right now. And we pay our taxes, too, just like every other winery and vineyard that is sitting in this room and they do it pretty much gladly. I want to thank the Board for the work that you put into, I know this is not easy, this is a difficult task to try to figure out. And work for really the town's benefit. It is not exciting sometimes and it is drudgery, I know that. But this is our livelihood that we are talking about. This is my livelihood that you are talking about and the company that I work for and my friends and other people that work in this industry. This is a law that seems to be trying to pinpoint something specifically yet is trying to do that with a paint roller, rather than a small artist brush. When you have a special event defined as 0 to 250 people, I don't to be about you but I don't want to be at that one that has 0 in it. COUNCILMAN KRUPSKI: That should be 1 then. MR. OLSEN HARVICK: Yeah, I mean, what kind of event is that anyway? So according to this law, if one person is there and wants to buy a local oyster from a local acquaculture farmer who happens to be in a family that can grow oysters, is that going to be something that you will turn down? We have people that are serving food, yes. Frankly, I think that people on the north fork would like to have a different experience than just sitting in a restaurant, being waited on, sitting at a table, that is all fine and dandy but we have young people here trying to start businesses, trying to earn a living, trying to be entrepreneurial, one of them makes pizza out of a truck. Some others grow oysters out of our local waters. Are we going to give them a hard time? We wonder why young people don't want to stay here and try to make a living and try to raise their family, we wonder why they are running off and not sticking around. How the hell are they supposed to make a living when you can't even do what they are trying to do? Is this where it is going? I really want to question that. so I don't mean to be contentious here but I am just raising some points after looking through this legislation, I want to remind everybody and I want to remind the Board that the farm/winery legislation that was started in 1976 was put together with the intention of allowing special events for wineries to do. It was never the intention of the farm/winery legislation to just limit wineries to sell wine and taste wine. Never was the intention. The policy makers and the people in Albany and the stakeholders that were involved in drafting that legislation knew that the margins were too slim, that the competition was too stiff, that it was too difficult just to allow that and not anything else to happen. Upstate wineries can have restaurants, hotels, food service. They bend over backwards for this kind of economic development. And as my friend Sal said, in this economic climate, is this really what we are trying to do here? During these times? We are trying to downsize wineries because let me tell May 22, 2012 Southold Town Board Meeting Minutes Page 58 you something, it looks like it is a great, like piles of money are rolling in but it is a difficult business, just like any other farming. And that is right, we are farmers. Because we are at t he mercy of the weather, we are at the mercy of every season, we have no control over it. So if you think we are making money hand over fist, I would correct you. Have we been successful in doing what we want to do? Yes. I think we make a great product but it is difficult. We need to have the flexibility to do occasional special events. It is part of what the law allows. It is part of what the original intent of the state law allows. And yes, there have been some problems with local businesses and I agree with your intentions to try to correct them. I think many of us in the industry do, we like to be a part of that solution. I would be happy to volunteer my time to try to help you do that. however, the way this legislation is written now, way too broadly written. You are not going to, you are going to try to correct a problem by erasing some of the good parts of all of this. Erasing some of the positive benefits that the wine industry brings to this region. Every time there is an event, every time there is a wedding there is literally hundreds of jobs that are created. Every thing from landscaping, electricians, plumbing, florists, hotels, restaurants, rehearsal dinners, places for them to stay. Have you realized what is going on here? Caterers, lighting, decorators, they are all local people. We have an event at Corey Creek on Tuesday nights where we have it open for the general public and we have pizza. You know who goes there? Local people. That is who I see there. I see all my friends, I see contractors, I see service people, I see local people anywhere from 12 to 90 years old because they don't want to go to the wineries on Saturday, I don't blame them. It is too crazy. It is too busy. I don't want to go either. Does Riverhead Town have these kinds of restrictions? I just want to remind the Board about that. is this what we are going to do? Keep the business in Riverhead Town? Because that is where this is going also. By doing this we are going to restrict the ability of wineries to earn a living, if this does happen I hope you clearly consider reassessing because from the amount of taxes we pay, it is going to be hard to keep doing that. jobs are going to leave, young people are going to leave and I think we can have a little bit smarter approach. So I would urge the Board to follow my friends advice to not vote on this. Let's try to work this better, we deserve better, the town deserves better. You can do better. Thank you. Brett Kehl, Greenport BRETT KEHL: Brett Kehl, Main Road, Greenport. As much as this law affects the wineries and all the businesses, I think the Board has to look at how it is going to affect Boy Scouts, Girl Scouts, cheerleaders, ROTC, sports groups, Little Leagues, having a fundraiser anywhere, you know, you are going to limit them. They are going to be paying out their profit right away. And one of the other things to think about is who is going to enforce this? This is a 7 day a week job and I know you have police, but what are we going to do? Say now we are going to take the police and just say, okay, you go around and make sure everyone has permit? I mean, that is another job we have got to create. So I mean, in this economic times, now we are going to throw another one or two people onto the payroll just to check for permits. So I think we have to look at everything, you know, (inaudible) to every little aspect of this. So, thank you very much. Marie Dominici, Mattituck MARIE DOMENICI: Marie Domenici, Mattituck. I stand before you as a taxpayer, not a farmer and just a member of this community and I want to tell you that from a personal observations, I live 2/10ths of a mile from Harbes farm and I live across the street from Macari Vineyards. They have been good neighbors. I have no complaints. The one thing I would say in May 22, 2012 Page 59 Southold Town Board Meeting Minutes putting this legislation together, let's not bastardize the community or the bad, you know, things that are coming on by a few, a small few in this community. So you know, if I had concerns I would tell you. But you know, my neighbors that I just mentioned to you are good neighbors. I hear more from my next door neighbor on either side than I do from the vineyards and the farm. So, you know, we do have some people who are perpetrating bad behavior and we should not bastardize the rest of the community. Thank you for your time. SUPERVISOR RUSSELL: We want to listen to everyone and we are taking all the comments seriously but you know, we haven't created this law in a vacuum, we have been trying to work on this for a couple of years, we have had several meetings with Steve and Ron and others and if we need to take a timeout and do it better, we will. But also I think we need to clarify what requires a special event permit and what doesn't. I know Richard just spoke a few minutes ago about his events on Tuesday nights. That is under the regular business operation of that facility, it wouldn't need a special event permit because they have already had a CO and a site plan. It is about those uses that go above and beyond what has been CO'd and site planned for that site. But those are the clarifications we can work out. You know what some of the challenges are that we are facing, we are looking for help. We are happy to sit down at the table with you, we have asked, we have had meetings with and you know, come to the meetings, help us. Help us solve some of these problems. And we are willing to listen but we need some help and guidance, that is what we are looking for. Two years we have been trying to get this done, looking for that guidance and that input. Would anybody else like to... COUNCILMAN KRUPSKI: And it is hard, one of the things working on this legislation too, it is very hard because one size does not fit all and it is by no means anti-agricultural legislation. Steve, I am a farmer and there is nothing in here that says you can't spray on a Sunday or you can't pick grapes after 2:00 in the afternoon or anything like that and I think, growing up in East Cutchogue there, I have been very fortunate to have good neighbors, some of them are sitting right here in the front row. Pindar Vineyard across the street and .... Steve Mudd, Southold MR. MUDD: Inaudible...what is an accepted use, definition by the Town Board that agfi- tourism on a conventional farm is an accepted use. This is what my comment was directed at. Agh-tourism in a winery is not an accepted use. That was what my comment was, Albert. COUNCILMAN KRUPSKI: I understand but what Scott just said, the normal business of a winery and when they have bands and whatever, that wouldn't require permits. Or even if they have weddings within the capacity of their site plan, doesn't require a permit. SUPERVISOR RUSSELL: Right. But again, if that is not clear enough, then maybe we need to sit down and talk about how to make it clearer. But those are some of the issues. You know, the gentleman before that talked about 0 to 250, that is not 0 to 250 on site, that is 0 to 250 beyond what the current site is already hosting because the current site already has a site plan, it has a use and occupancy, all of those things. This is above and beyond that. But again, if it is the clarity that this code needs, we are happy to take input and guidance from everybody on this. We have been trying for the longest time to get that. May 22, 2012 Southold Town Board Meeting Minutes Page 60 Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I came more out of curiosity or anything here tonight, I knew that this was going to be a hot button issue. I am not involved at all in your business, I know that and I am not against it, I know that wine making and the wineries here on the north fork have done a lot to preserve what was a dying industry 30 years ago and that goes unquestioned but I just wanted to point out, well, first off, I think from what you have heard tonight, you might want to back off a little bit and rethink, it may not be the right time to make the vote. But I am going to reiterate something that Ben said. I have been to probably 20 of these meetings over the last 8 months and you know how many times there have been 4 people in the room and Scott gets up every night and says would anybody like to say anything about anything? Nobody here. You wait now till you hear the rumors, you hear all the garbage and then you come in and say, no, this is no good, you can't do it. well, let me tell you, there is a bunch of people in Montauk right now that are suffering because the town stuck their head in the sand. For years, and they are overwhelmed with bars now. So, they are trying to do something and maybe they shouldn't do it tonight, but you guys just shouldn't wait until they do do something and then come in and say you are wrong. You have had plenty of time to come and say let's do this, let's do that maybe we can (inaudible). And to reiterate what Scott was saying before, it clearly says here, the public area of the building, the parking capacity of the site or that is not currently permitted. So what is currently permitted in the building is currently permitted. If you have got a building permit to have 250 people in on a Sunday afternoon to taste wine, that is not going to change. You bring 4,000 people in, you had better get a permit. And everybody who lives next to you has a right to expect them to make sure you do get a permit. But again, I personally think just from the reaction here, that a big segment of industry out here, you might want to hold off but then it is on them, to get in here and give you the information. When I hear Scott Russell get up at every meeting and say is there anybody that wants to talk about anything. That is on you. if they give you something you don't want it is because you didn't come here and tell them what you do want. SUPERVISOR RUSSELL: I am going to call on people who haven't had the chance to speak yet, then I will get back to you. Mike ? MIKE FALCETTA: I will be quick, Mike Falcetta, Southold. I am one of those young people that moved out here and left my comer office job in a law firm to come out here and work 7 days a week because I saw a good opportunity and work 100 hours a week. I have watched the people that own the winery that I am at, invest upwards of $10 million into this economy. We are continuously doing construction, we hire local people to do all of the work all of the time. The few comments about food and things like that that I heard, we are probably one of the only ones that really do go out of the way to buy local, the winery people go out of their way to buy locally and support locally. I also drive every day in from Riverhead to Southold and every day I stop short and I know farmstands are exempt but people run across the street with pumpkins and little kids run across the street. That happens more there than any where else that I see and I just want to make that comment, too, that they are exempt but every day and it doesn't just have to be pumpkin time. I watch brake lights coming to a screeching halt because somebody is running across the street or there are children running across the street. And that is an exempt form but May 22, 2012 Southold Town Board Meeting Minutes Page 61 we sit here and we have parking lots and parking plans and every thing like that and are continuously under a microscope. Diane Valentine, Southold DIANE VALENTINE: Diane Valentine, Southold. I am new to the area and I am actually new to Southold Town. I work for Sperry tents. My boss told me to come here and hear what is going on because we handle a lot of the tenting for special events. And I am sitting here listening and remembering Saturday night when I was laying in bed wondering when the boom boom from the party was going to stop and i did not think wow, they ought to get rid of vineyards, they ought to get rid of what is going on because I came here from Connecticut which had a growth explosion as I grew up over the past 40 years. I watched the growth in Connecticut, I realized what was going on with the economy, I saw what they did to implement laws to help different communities. I was a realtor up there for 20 years, so I have an understanding about growth and what goes on in a community and sitting here listening to everyone, I really, really feel what needs to be done is the laws that are on the books need to be enforced. And I think that the people sitting here who hear the boom, boom and I am one of them, needs to pick up the telephone and call the police. Or if someone is doing something against the law or there is a traffic issue, pick up the telephone and call somebody. You know, I have been told that there is a noise ordinance in this town now, this new noise ordinance. Well, do something about it. I have met several of the vineyard owners, some of them I like, some of them I don't like. Some of the vineyards I don't like what is going on. Some of them are wonderful, just like some of the farm owners, some of the homeowners but I think what we have to do is keep it all in perspective and sit back and be rational and not point the finger at anybody except the ones that are causing the damage and causing the disruption. I mean, let's all wake up here. And yes, you know, if, if there is an issue, you know, where all ora sudden they stop their special events, yeah, I am going to lose my job. You know? And I mean, I like being able to feed my face and take care of myself. So, you know, let's all be reasonable here and it is like the gentleman before me. I happened to meet him briefly and he was a lovely you man and I thought, wow, this is so cool and I watched the construction going on around here and I think this is really great, it really is because it is going to bring people into the area. I have kids in Connecticut, I would love it if a couple of them would come this way. You know, maybe, maybe if we continue the growth in a sane and rational manner, that will happen. So, thank you. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good afternoon, Benja Schwartz again. I want to bring up something positive and make a suggestion to improve the legislation. Last Saturday was the first day of the new Greenport farmers market and it was a wonderful event, I got some of the best broccoli rabe I ever tasted in my life there. Also purchased some local wine at the farmers market and even bought some non-toxic beeswax crayons. As opposed to the petroleum product which I grew up with. I am not currently directly involved in farming or vineyards although I am involved in a program we are calling toe star troops and we are working with vineyards to offer complimentary tastings to active duty servicemen. I have also been involved as a web site developer in forming a community supported agriculture program for a local farmer. So I want to be positive, I like to see the Southold Town Agricultural Advisory Committee think about farmers markets and how we can promote them and have more of them. What kind of special events do we want to have in town? I don't think it is practical to say that everybody in Southold May 22, 2012 Southold Town Board Meeting Minutes Page 62 is exempt from the law. In Southold, it is just, you might as well not have a law. But there is nothing to stop creating a list of exempt entities, people and businesses from this law and there could be criterion where there is if a business, vineyard or any kind of business, or any kind of farmer or organization is a good neighbor, they could be put on a list that would be exempt from the requirement to pay for a permit for their event. They might still be required to register their event, in which case the town could provide a service so that by registering events we could see the other events that are registered for that weekend and we could plan our events so that they don't conflict in town. But that is, I am getting a little bit further afield, but that, there is a lot of positive potential here. Let's get rid of the negative parts though. Thank you. COUNCILMAN RULAND: Scott, can I say something? SUPERVISOR RUSSELL: Let' have... Ron Guerler, President LI Wine Council RON GOERLER: Thank you, Scott. Ron Goerler, Long Island wine president. There is obviously a lot of comments and I am not going to sit here are reiterate them. What I do think is important is that we look at the past, the last 30 years to where our industry has come, where it took guys with vision like Dr. Damianos, my father and they saw something in this area. It was a special place. It was a place that could exist and they could make a living at it and it is that second generation, myself, that has come to fruition, who worked the farm and are a part of it and created with the marketing strategies, as Leslie would say every once in a while at the meetings that we would sit at but at the end of the day, that is what we need in order to survive at our businesses. So the next 30 years, we need to have the next generation, my children and your children that can see the potential of this going forward. I understand why we have regulations put in place and that is to make sure that things don't get out of control and that the behavior of individuals is kept in check but at the end of the day, it is about the future of this town is what we are talking about and if we over regulate things, that is where we are going to lose sight of why we are doing what we are doing in this farming community out here. Thank you. Arthur Tillman, Mattituek ART TILLMAN: Art Tillman, Mattituck. I think in your deliberations, you really ought to keep an eye on the big picture. We know statistically our economy is based on agriculture and tourism. That is it. there really are no other jobs. This industry, the growers generally has got to retain its healthy quality. I have a small produce business, I get around, I haul produce up the island, I get to talk to a lot of growers. It is tough. It is really tough. I think it was Ron who told me last year, I can't make money growing grapes. Weren't you the one that said that? you have got to add value to the product. These farms and vineyards have to survive, the north fork is like the last frontier. It is the central park of New York City. We will never have enough money to preserve all our land. The North Fork Environmental Council had a bumper sticker, Save what's left. These guys are saving what's left. If it wasn't for them, if the grape growers didn't come in, where would we be? Potato farming, generally speaking, is no longer viable for many. What would have been there if the grape growers weren't there? So when you are in your deliberations, keep your eye on the big picture, l am so proud to live out here, I am so proud to when ! leave, bring north fork potato chips wherever I am going, bringing local wine. You guys May 22, 2012 Southold Town Board Meeting Minutes Page 63 have given us an identity that we never had and not only that, you have raised my property values horrendously. Thank you. Laura Hop, Greenport LAURA HOCK: Laura Hock, Greenport. I am also a Greenport homeowner and taxpayer. I am also a teacher and manager at Peconic Bay winery. I just want to tell you that you are wrong, we always get special events permits and if you are hearing the bass in the parking lot, it is probably not from us. But I also want to say that being a younger person in this industry, seeing how many people we employ as a whole, it would be better to use these forums to figure out a way we could all work together. Bringing the industries together with hotels and restaurants instead picking each other apart I think would be much more useful than trying to over-regulate, maybe try to figure out how we can all be good neighbors to each other and make that work better. Thank you. Kevin Cappola, ":Cowboy Kevin", Southold KEVIN POLLA: Kevin Polla from Southold. Cowboy Kevin. I am a local entertainer out here, I don't have an affiliation with an specific winery. A few years back in recent times, we have lost the duck farms, we are down to I think two on Long Island. The brown tide destroyed the scallop industry, we had potato problems and there is no doubt in anybody's mind that the wineries have given this area a much needed vitality infused shot in the ann, there is no question about it. it is the local entertainers like myself, the pizza truck, the tent people, the event people, not just the wineries that are going to suffer from legislation like this. I mean, let's face it, the wineries bring the people from up island, from New York City, from New Jersey, into our area and infuse the economy with much needed revenue. It happens half the year, in season, at best. When it is over, when the season is over, we go back to our quiet little lives and nobody really complains too much. I think a lot of the hoopla I have been hearing lately is really because, well, I do want to comment on one of the things that was said earlier about Peconic Bay causing traffic over by the shopping center, you know, most of the wineries that I have been involved with and I have had 12 wine club memberships in different wineries and stuff, so I like to frequent them, I like to get to know the different people and their culture, you know, for example Peconic Bay has got this whole separate route to get out of their parking lot that does not interfere with King Kullen. Macari kind of does the same thing, even though they are kind of offand by themselves, I think that most of the wineries, all except for one that I can think of, have been very, very accommodating and members of the community themselves. I mean, they live here. And if the owners don't, the people who work here do. And they do accommodate the local people as well as the up islanders. And we want them coming here. I just want to point out and Scott, you mentioned earlier that this is not anything to do with anything that the wineries are allowed to do now based on their site plan and t heir capacity. If you look around the room, this meeting exceeds the site plan. I mean, we are out in the hall, there is no parking. Everybody is parked on the grass all the way out there and around the block and on the (inaudible) and when I hear that oh, well, we have these meetings every so often and then nobody comes, now how come everybody is here, that is not a bad thing that everybody is here, that is a good thing. Now if people don't come to a meeting, that is because we have confidence in you, most of the time. When you get a crowd like this, maybe it is because we don't and we need to say something. Thank you for letting me have my say. May 22, 2012 Southold Town Board Meeting Minutes Page 64 SUPERVISOR RUSSELL: Who else would like to speak? Okay, Robert. I just want to make sure that everybody that wants to speak for the first time gets a chance before I repeat but go ahead. Robert Dunn, Peconic MR. DUNN: I just want to comment again on what I was saying about not coming to meetings. I mean, I started coming to them on one issue and it is now two and the issues are slowly getting resolved because I spoke up. And when you say that people are complaining that nobody comes to meetings, you can't expect to do it, you can't expect to accomplish anything by waiting until they may come up with legislation and then go against it. You have to put input into it as it matures, kind of like your wine. You want a good wine, you take care of it. You want good legislation, you have got to have input into it. so just to get to this point and say no, no, no and I really don't think anybody is attacking the wine industry, I think there are maybe some questions on some special events that have gone too far. Clay Sawyer, Greenport CLAY SAWYER: Hi, my name is Clay Sawyer, i am from Greenport, I am one of 17 B & B owners out here on the north fork. First I just want to address the gentleman that just spoke. ! work for myself and I just heard about this meeting 4 days ago and I found out it was today and I made a point of blanketing the whole community that I work with to get them to come here. I work 16 to 18 hours a day for myself and I know the winery owners, the B & B owners, I know these people. They are not wineries, they are my friends, Dr. D, Ann Marie. We all work long, long days so it is not that we are complaining about coming to meetings, it is just that there is limited time as far as being able to. But the minute we do find out about meetings, we do come. But that is not what I wanted to talk about. Hello, like I said, I work for myself, I am one of 17 B & B owners and we basically depend on the wine industry and the farm industry as well, and they are one and the same, too. (inaudible) who is not in a winery or a farm, they do the same basic job, they bring tourists out here. We are an agri-tourism area and we depend on that. I mean, there is no disguising that, that is what we are. We have to really make the most of it and that is why we really have to try to work with trying to bring people out here and as a few people said before, as far as in this economy trying to get something that will kind of put road blocks up to keep businesses from thriving and doing more and bringing more people is a disservice. And it is precarious, I mean, I just get by. People think that oh, you have a B & B or a winery, you are rich, whatever. We are not, we are just scraping by. I know these people, they are just scraping by. And to put up more things that will be a financial burden, I can see, you know, some people might end up folding. If they fold, the smaller businesses fold. My guests come in and honestly, I can tell you that on average, I have done some service because this is how weird I am, I have asked my guests and they drop about $100,000 a year collectively, my guests, on the north fork. That is a lot of money, times 17 B & B's, times however many hotels are out here. People are fickle and there are other wine industries growing in other areas and people will just go to those other areas if we don't embrace what we have. We have a phenomenal area, it is beautiful, the people here love what they do and we need to really kind of work with that. I do think that part of this, I admire what you are trying to do but 1 think that it might be a different tactic than maybe you should be taking, is go after the problems. There is one bad apple or two bad apples, address those bad apples. I hear the music too and see the party busses and you know, it is ridiculous and those need to be specifically dealt with. Whether it is the public May 22, 2012 Southold Town Board Meeting Minutes Page 65 calling the police or what but don't go after everybody and potentially jeopardize our whole economy out here on the north fork. Thank you. Peter Harris, Greenport PETER HARRIS: Peter Harris, 2t2 Knapp Place Greenport. We have all sat here tonight, we have heard a tremendous amount about the wine industry in Southold Town. Being a life long resident, I saw the potato industry go down, Steve Mudd was in vegetables and he is a grape farmer. Dr. Damianos and a lot of the vineyard owners, when they went out to lay out their site for their vineyards and they built their wineries, they had a vision and some of them have a very expansive buildings to be able to maintain and handle the volume of people that love to come to the north fork, Southold Town, to enjoy going wine tasting. Other people who have come later on and have bought a winery from previous owners, are trying to run a business outside of the scope of the footprint that is currently there. If you are going to, if you want to run a bigger operation, then you need to come to Town Hall and lay the footwork to expand the buildings that you currently have. You don't go and come in here and buy a small winery and have massive amounts of people, party busses and what have you and it gives a black eye to all the other people that have a smaller scale, that they may have music, it is on a low scale, my daughter, she probably goes every other weekend, goes to 5 or 6 different wineries in Southold Town because she enjoys wine tasting, okay? Just saying that sitting back and having read in the newspapers, so many of the current wineries are taking a bad rap for one or two. And you know, the bottom line is if you want Hollywood, you should have thought about that when you came out here. Thank you. SUPERVISOR RUSSELL: Who else would like to speak? Would anybody else like to speak on this issue? COUNCILMAN RULAND: I would, Scott. SUPERVISOR RUSSELL: Go ahead, Bill. Councilman William P. Ruland COUNCILMAN RULAND: I would like to go back to one of Mr. Dunn's comments about how many people come and when they come, do they say anything. One of the things that is most important about an event or a meeting such as this today is that we invited the public to a hearing. We invited the public to come to hear what is on their mind. It goes some to what Councilman Krupski said about many, many meetings of the special events committee, trying to wrestle with issues and come to a consensus that some people might agree with are and some people, as Mr. Bate said, no we don't quite agree. I think that it is obvious and there is a presumption on many people's part that the hearing and what anybody has to say is irrelevant in our minds and I will just speak for myself. I value greatly what people have said because we do not get, even at our special events or code committee, the amount of people to come and express their opinions such as people have spoken today. It would be and I agree with some of the speakers, it would probably be irresponsible to vote on a measure like this given the amount and content of material that has been presented, none of which was really outlandish. All of which has probably some place in crafting something that is final. I do believe that we need something. There is no question about that in my mind. I don't know about my colleagues but in my mind, I May 22, 2012 Southold Town Board Meeting Minutes Page 66 do believe that we need something. One of the problems, when we get to something tike this is that many people perceive that it is us versus them. And I don't perceive it that way at all, I would like to look at it more as the young lad in the audience spoke about we and what can we collectively do together to make something that is palatable and workable to all. And there are many factors involved and I can't help but see the Chief of Police, sitting in the front row, who is directly involved in a lot of the things that go on and he has shared with us the trials and tribulations and without going on any further on that, I believe strongly that it is incumbent on us to listen carefully to what everyone has had to say and I guess my comment at end would be, I would issue more of a challenge to the special events committee, to Mr. Bate and I only take a little exception to Ms. Moore comment that I will comment after I see what you have done, I would be more happy if you participated in it. so that the outcome was something we knew going into another heating that was a palatable and acceptable to the masses because it would be futile to go through another exercise and I don't think this and without using, yes, it is a pun, dying on the vine expeditiously, in other words, in my mind we need to call the special events committee, take these issues head on and sort them out on the table, bring them to a code committee, come to a consensus and come back here to this room and to rehear them and I don't mean by this time next year, I mean in an expeditious manner. And I don't think that is unreasonable for all parties involved. I know there are people who have expectations one way or the other, I know there was a great deal of misinformation. I know that certainly the fire departments and the special districts all have reservations and just by listening to the comments, the fix seems rather simple. Clarity and whether in fact you are going to wholly exempt them or make it extremely clear what is required and what is not. That does not seem to be an unreasonable task because the issues are well defined and the answer doesn't seem to be that difficult. And that is all I have to say, Scott. Supervisor Russell SUPERVISOR RUSSELL: Let me just clarify a couple of things. Also, admittedly it is the lack of clarity that might be an issue tonight. Some of these things that were proposed are meant to deal with all special events. I know there is a segment in here that talks about two special events taking place within a half a mile radius. Well, what is happening is we are getting bicycle rides and these are proprietary events that are putting 1,000~1,500 people on the road in one end of town and I have a police chief with limited resources who is worried about that and then another one on the same weekend. Maybe we tried to take on too much with one piece of legislation but I assure you, Steve, we have made you part of the process every step of the way. We will continue to do that, we will continue to make your members as part of the process every step of the way but by no means was this, it started out as special events committee a few years ago, this more or less became an overreaching special events legislation because of all the special events that were taking place in town. It wasn't meant to rein in what is taking place at the wineries, it was meant to just put a review process in place for wineries who weren't site planned for the larger than typical crowds. And I am not talking the occasional crowd that gets larger than the CO allot, I am talking about these large events. Not just at wineries, bicycle show, all of these things. It was meant to try to develop a review process for public health, safety and welfare. That was what it was meant to do. Again, we will listen to you, you will be part of the discussion. We encourage you and all of the members of your organization to be part of the discussion as we move tbrward. Would anybody else like to comment? (No response) May 22, 2012 Page 67 Southold Town Board Meeting Minutes o COUNCILMAN RULAND: Can we recess for, accept written comment? If we are going to accept written comment for another week or 10 days or something? We want to move forward. SUPERVISOR RUSSELL: What we are going to do is basically recess the meeting, so you can continue to reach out to us, written form, if you wan to call, let us know. We will take that all into account, okay? 5/22/2012 4:34 p.m. Pekunka Open Space PH RESOLVED the Southold Town Board hereby closes this public heating at 6:40 P.M. RESULT: CLOSED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell Councilman Christopher M. Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ May 22~ 2012~ at 4:34 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from Barbara J. Marczewski, Sandra M. Rinehart, and Michael M. Pekunka. Said property is located on the north side of Pipes Neck Road approximately 385 feet easterly from the intersection of NYS Route 25 and Pipes Neck Road to the LIRR track and further identified as part of SCTM #1000-53-1-6. The area to be purchased is approximately 10.384- acres of the total property area, which excludes from the purchase an area of approximately 40,000 square feet (0.92 acre) that includes the existing residential dwelling and accessory structures. The address of the property is 475 Pipes Neck Road in Greenport, New York. The property is located within the LI (Light Industrial) zoning district. The proposed acquisition is for the Town of Southold to acquire fee title to approximately 10.384. acres of property. The exact area of the purchase is subject to a Town provided survey. The total purchase price is $550,000 (five hundred fifty thousand dollars) and is not based on a per acre value. The purchase will be funded by the Town's Community Preservation Fund. This acquisition project is eligible for an awarded grant from the New York State Office of Parks, Recreation and Historic Preservation to be used towards 50% of the purchase price plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, fresh and salt water marshes and wetland protection, and furtherance of a greenbelt. The purpose of this acquisition is for open space protection, passive recreational purposes, wetland and biological diversity protection and to expand the existing preservation and protection efforts of the Town and County within the Pipes Cove Area. Proposed uses of the property may include the establishment of a nature preserve, and a passive recreational area with trails, all subject to a Stewardship Management Plan that May 22, 2012 Page 68 Southold Town Board Meeting Minutes will be developed for this property. The Land Preservation Coordinator has review the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credits into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it was posted in the Suffolk Times newspaper on May 17, 2012. it was posted on the Town Clerk's bulletin board on May 10, 2012 and that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular public hearing? Melissa? Melissa Spiro, Land Coordinator MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro. I think Councilman Talbot said it all, so I really don't want to add that much more other than just to point out that the Town, the County and the Nature Conservancy have worked actually for many years to preserve properties in what we are calling the Pipes Cove area. Through all those agencies we have preserved over 300 acres in the immediate area and in the extended area, hundreds more. The Pekunka property is really a very significant property in that it links together some of our already existing preserved properties and we are really happy to have had the opportunity to work with the landowners to preserve this. There was a grant prepared by Laura Klarhe of the Land Preservation Department and the town was lucky to have her prepare a good grant and we received that and that will fund 50 percent of the purchase of this property. The town intends to develop a management plan in the whole Pipes Cove area in the coming years and if any improvements are made, we will be able to tap into the Community Preservation Fund to help us make those trails or design those trails. The Land Preservation Committee is in favor of this purchase and they support the Town Board proceeding with it. Thanks. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on this particular local law? Councilman Krnpski COUNCILMAN KRUPSKI: I would just like to thank Melissa for her work on this and for Laura Klarhe for getting us the grant for 50 percent of the purchase. May 22, 2012 Southold Town Board Meeting Minutes Page 69 Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Who would like to address the Town Board on any issue under the sun? Gwen Schroeder, Mattituck GWYNN SCHROEDER: Hi, Gwynn Schroeder, Cutchogue. I know you are all probably fried, so I won't take long. I was lucky enough to be here today when a group of environmental folks came and talked to you about the quality of our groundwater and our surface waters, our estuaries and our creeks. And they are sounding the alarm bell, we are kind of at a critical point, the town is in the middle of their master plan process. I hope, one of the things that came out in that discussion this morning was the county is not able to really step up to the plate to do what needs to be done and I just want to endorse what those people said today and hope that you will be more progressive and more proactive on a town level because I think this is, it is hard to get people, for me coming to Town Hall for years, it is very heartening to see the room filled. And I am sure it is for you, too. COUNCILMAN KRUPSKI: We were very happy to that tonight. MS. SCHROEDER: I know that you guys work hard, it is not an easy job and I would say that's why you make the big bucks but, I just wanted to say that things like ground water, potability, it is hard to get people sort of fired up. But people are starting to get fired up about this issue, so for people, the reason those folks came to you today because there was a big water summit up the island two weeks ago, it was put together by the Nature Conservancy, Group for the East End, all those folks. But they did produce a paper and it was a reaction to the Suffolk County Health Department study and just for those people who weren't able to be here today, it is called 'Water Worries' the Suffolk report documents decline without prescription for remedy. And you can google it. I think the Pine Barrens was the one, if you google it you will probably get their site but it really outlines what the threats are and sort of connects the dots about why these things are important and also, the last page of the report talks about recommendations, what can be done on different levels, county level, state level and town level. So I hope, I know you guys care about this issue and I just hope that when you go through the master plan process you will incorporate sewage treatment systems that work, especially in areas that are sensitive and thanks for your time. SUPERVISOR RUSSELL: Thanks, Gwynn. COUNCILMAN KRUPSKI: Thank you. It is very important and we are glad to have that information. SUPERVISOR RUSSELL: Who else would like to talk? Dan. Dan Durrett, Greenport DAN DURRETT: Hi, Dan Durrett in Greenport. I, as Gwyim, attended this mornings session. I was pleased to see the turnout this morning and I don't envy you to have to sit through the May 22, 2012 Southold Town Board Meeting Minutes Page 70 turnout this evening but I think it is a process of government and it is a process of transparency and what I was most taken with was a sense that what we are seeing is a product of our own success because we, as a region, made a transition from being known for potatoes to being known for many other aghcultural ventures. I think the meeting tonight just showed the success of the efforts. And that there are roles still to be played among the various stakeholders and clearly it comes back to the primary role with the town government and the Town Board. So I just applaud everyone who attended and I applaud the way the Board has handled that issue. I think as we move forward, particularly on water quality, this is not a new issue and again, it is something that communities across the country are dealing with. Gwynn mentioned the workshops a few weeks, a couple of weeks ago and again, I want to reiterate the significant importance of getting youth involved. I will drum that as others come before you, they will present different perspectives but for me, as a member of the Board of the North Fork Environmental Council, one of the things we are grappling with is how to engage youth so that they feel empowered so that they want to stay, so that they do become the stewards of the environment, of the ag areas, of this land that we are just now preserving on Pipes Neck. And that is a key point that I will continue to dram home and am pleased to be able to work with the Board and it's various task force and committees in making all of this work as smoothly as we can but it is that incorporation of different voices that is encouraging and I thank you for that. SUPERVISOR RUSSELL: Would anybody else like to comment? Benja? Benja Schwartz BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogne. I was unable to be here this morning. I did get an email from one Town Board member inquiring as to why I hadn't been to some recent Board members recently. I thank that Board member for their thoughts. Anyway, I am back today but I wasn't able to be here this moming so, you know, one way maybe people would be more interested and get more involved in these things is if we knew what it was. The agenda item this morning, it says here LWRP, that is Local Waterfront Revitalization Program, EPF, MS 4 watershed modeling project. Could anybody inform us as to the meaning of EPF? COUNCILMAN KRUPSKI: The MS 4 program is administered by the state but thc way they set the guidelines and this is as explained to me by the town engineer and I am going to try to do my best as he explained it to us, the way the state modeled certain areas of the town, they are responsible to contributing so much pollution into our surface waters resulting in closures to shellfish, now his contention is that the state's modeling is really flawed in that the contribution is in all likelihood not as much and he was able to prove this in another town, not nearly as much. And the problem is, if you say well, this certain watershed is responsible for 70 % of the pollution going into the waterway, you are going to spend millions of dollars in drainage improvements and some of our resolutions tonight dealt with plans to do some drainage improvements in Hashomomaque pond, so we are spending all this time and our time is limited and all our resources and dollars and manpower are all limited, and if the modeling is wrong, we are going to spend all our time and money in certain areas that aren't going to improve water quality at all and so what his plan is to do is to do the modeling of these watersheds so we can accurately know, you know, what different controls we can take and how much pollution is entering, where the contributing factors are a lot better than the state is telling us. Then we can spend the money addressing the problem instead of just spending our money. May 22, 2012 Southold Town Board Meeting Minutes Page 71 MR. SCHWARTZ: So they are modeling the watershed as the runoff from the roads principally? COUNCILMAN KRUPSKI: Roads and all property, yes. SUPERVISOR RUSSELL: Road ends, areas of discharge. The idea here is to bring a scientific approach to the TMDL's rather than the state approach which happen to be based on land use, not based on actually testing of the water bodies to determine what the real culprits are and what, you know, where does the solution need to come from? Is it a question of installing catch basins and catching that storm water? Is it a question of wildlife pollution? The idea there is to bring some science to the state's approach. Mr. SCHWARTZ: Well, it sounds good in terms of dealing with the runoff from precipitation but as you know, there are other aspects of the water cycle. SUPERVISOR RUSSELL: Absolutely right. And absolutely what he wants to focus on. MR. SCHWARTZ: Those are the ones that I came here tonight to speak about really. COUNCILMAN KRUPSKI: But that's what that was for. You mentioned the MS 4, that was separate from what Gwynn was talking about. MR. SCHWARTZ: Sounds like that is being looked at which is very good. Did you know that Suffolk County is considering moving the thalweg? COUNCILMAN KRUPSKI: Excuse me? MR. SCHWARTZ: The thalweg. Do you know what the thalweg is? COUNCILMAN TALBOT: No, I do not. SUPERVISOR RUSSELL: No. MR. SCHWARTZ: Nobody knows but Suffolk County is out there monitoring our creeks, considering a dredging project to change the thalweg or basically there is some different uses of that word in different contexts but basically the thalweg is the strongest part of the current. The deepest part of the channel in our case. At least we think it is the deepest part of the channel. I am not privy to all of the, what Suffolk County is doing but I have seen over the past couple of weeks with a sonar testing apparatus that is going around and looking at certain aspects of the creeks and where the channel is and they are talking about moving it. it is too bad Suffolk County is doing this without consultation with Southold Town. Inquiries at the Trustees office drew a blank. Nobody knew what was going on. May 22, 2012 Southold Town Board Meeting Minutes Page 72 COUNCILMAN KRUPSKI: We didn't know they planned on any changes. We, I saw a boat maybe a month ago by a creek, I assumed they were doing their normal surveying for their normal maintenance operation. MR. SCHWARTZ: Well, I have been told that they are planning, possibly some changes. And then there is another aspect of the water cycle which I think we need to address in Southold Town. It is reflected in the current Southold Town water map which is really the Suffolk County Water Authority water map which was adopted by the Southold Town Board. But I think it is time that Southold Town develop its own water map and rather than base the water map on the infrastructure built and to be built by Suffolk County Water Authority and directly try to look at what the Suffolk County Water Authority and how we can regulate them, I think if we approach it by defining the water regions that exist in Southold Town. Do you have an idea what I am talking about when I say water regions in Southold Town? COUNCILMAN KRUPSKI: I think I do. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Well, do you, should I elaborate or do you... SUPERVISOR RUSSELL: Feel free. MR. SCHWARTZ: Do you think that that is something you might... COUNCILMAN KRUPSKI: Like Orient, Greenport, separate .... SUPERVISOR RUSSELL: Sole source aquifers (inaudible). MR. SCHWARTZ: Well, essentially, we say that Long Island has a sole source aquifer but it is not true. SUPERVISOR RUSSELL: No, it's not. It is segmented. MR. SCHWARTZ: We have sole source aquifers systems. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: And the north fork there is one principal aquifer and there are many smaller aquifers however, the dividing line actually the north fork, Southold Town includes Southold Town west of Mattituck may also source some water from glacial aquifers other than shallow glacial aquifers. But out here we are dependent on shallow glacial aquifers similar to that found on Shelter Island and out in Montauk and the end of the south fork and we really need to look at them and how we can protect them through legal regulations, not just looking at the runoff or the water supply piping systems or the marine waters but the connections. And I look every day at a dramatic example of how the current system is failing and the islands and the marshes that were May 22, 2012 Southold Town Board Meeting Minutes Page 73 developed over centuries in East Creek are dying and falling apart. In particular the one salt marsh island that is just north of Fisherman's beach, the small peninsula off of Nassau Point, that has been decaying andis dying at an accelerating rate. It has been happening for thepast 10, 12 years but apparently the rate of destruction was greatly increased, the speed at which those islands are dying subsequent to the time when Suffolk County Water Authority put in a water supply pipe for that area without any consideration and Suffolk County Health Department did nothing to prevent the used water from going into the bay or the Cutchogue harbor and the creek and we need to tie together the water supply and the waste water. Right now we have Suffolk County Health Department looking at the waste water and then you have the Suffolk County Water Authority which is really not a part of Suffolk County, it is not a part of government or is it? that is a tough question. But our law is based on a map, adoption of a map, that was created by that organization. Which is a public, supposedly a public benefit corporation but I think they also have private investors and they are certainly looking to make money or to protect their economic interests. Sometimes I think they are more interested in their economic interests than in the public benefit. But correct me if I am wrong, Southold Town law, not that this was the Board that adopted it but I think many members of this Board were there when the most recent revision was adopted is based on the Southold Town water map which was originally agreed to by Southold Town and Suffolk County Water Authority and the Suffolk County Department of Health but I think the Department of Health refused to sign on to the latest revision, if I am not correct? So now there are only .... SUPERVISOR RUSSELL: Which revision? That was the proposed revision that didn't take place or was that the revision that took place up on .... MR. SCHWARTZ: The revision which constitutes the current law which is currently adopted in the code. SUPERVISOR RUSSELL: But we have only amended that twice since I have been here. One was in Arshamomaque and one was up on the North Road in Southold. MR. SCHWARTZ: Well, you should know who signed on to the last changes that were made, the last time that was revised. SUPERVISOR RUSSELL: That was actually to bring public water to those two areas. The Suffolk County Department of Health tends to advocate a farther, wider reaching public water supply. MR. SCHWARTZ: I think if you consult the Town Attorney's office, where the water map is filed in Southold Town, I am not sure I understand why it is filed in Southold Town, in Southold Town attorney's office rather than in the Planning Department but I believe it is in the attorney's office, I think because it was looked at as a type of a contract rather than as a plan. But it is an essential plan for the health and the economy of not only our human community but also our natural community. So I would urge you to look at that and consider revising it and basing it on water regions and water flows rather than water supply. Thank you. May 22, 2012 Southold Town Board Meeting Minutes Page 74 SUPERVISOR RUSSELL: Would anybody else like to comment? Made, please. Marie Dominici MARIE DOMENICI: Made Domenici, Mattituck. I will try to make it short. I only have 40 topics that I want to discuss with you. On the subject of water, I would like to know where the town stands on looking to implement the nitric system, especially as it relates to maybe commercial applications. We have to start cleaning our water, we have to start somewhere and when we start talking about new building and new construction, if the town can say or mandate that nitric system has to be part of the process because we can't continue what we do with the current septic systems because we know that is not going to work. So we can dredge our waterways from now until the cows come home and at the end of the day we are still looking at future dredging. And perhaps if we can get whoever monitors or gives grants for the funding of dredging, maybe we can get them to give grants or funding towards nitric systems whether it is for new commercial building or when someone is redoing a waterfront home and maybe the fact that they are redoing a waterfront home is the criteria that we would use to say okay, it requires nitrics, we have a grant that we can give you to do that and incentively people to do that because if we don't change our behavior, the waterways will be what they are and you know, if we look at the homes and not to but this is critical, the homes that are closest to the waterways probably have septic systems that are 30 years old or 40 years old and are probably one of the biggest contributors to the demise of our waterways. Aside from the fact that there is no, the town should get maybe a program in place where we can educate people on the use of pesticides. I know the farmers have their guidelines but when your next door neighbor puts down, you know, every 20 minutes, you know, fertilizer. I mean, it has a massive impact and you know, your lawn looks great but your dog has cancer because he is playing on your lawn. So these are some of the things that are really critical mass to you know, trying to clean up the waterways. I mean, there are many things that we have to do with the sea grass and all of that stuff and I am not the expert here but just from an outsider looking in, we have to clean up our waters and I think we need to start with the nitric systems. And I would encourage the Town Board to get on board with implementing some type of code that mandates a starting point somewhere. We have to do this. The same thing with stormwater runoff education. I have seen people throw stuff down their drains because it is right off their property line and they are throwing stuff down there, no education. Maybe if we put something on here that says if you dump here you get a fine for a zillion dollars. But we have to educate people because you know, their houses are clean but we've all dumped in the environment and it is not going to get better. It is going to cost the town hundreds of thousands of dollars to try to clean up perpetually bad behaviors. So if we have to get on any laws and guidelines, let's get tough where it counts. If for no other reason, if for no other reasons, to enforce these types of laws, listen, the only time you have someone's undivided attention is when you are putting money in their pocket or taking money out of their pocket. So if you can say to these people, real estate values are going to go in the tank because our water is not fit for drinking. Maybe then, maybe people would start to pay attention. But it is critical, we have to get people involved. Another thing, because water is such a precious commodity, maybe the town can also get tough on where people who have sprinkler systems, whether it is commercial or residential, when it is raining out, you don't need to have your sprinkler system on. So maybe we can mandate putting on those little water monitors. What do they cost? You know. I will buy two of them for somebody, I don't care. But we need to look at that as another means of preserving what little clean water we have le~. Not to just use it because, oh, the timer May 22, 2012 Page 75 Southold Town Board Meeting Minutes is on, the sprinkler is on and it is pouring rain out and you are sprinkling. If we are going to do that, it has to be grandfathered, it just can't be tbr the new guys coming in. we all have to take ownership when it comes to this because we are not doing a good job so far. And I am not saying you are not doing a good job, all of us, in the community, on the planet, we are not doing a great job. So I think that is really critical. What else? Oh, as it related to the work session today, when you were talking to the gentleman about the carting and he asked the questions, I left you a note, he asked the question about how can he validate what date his people where there and whatever? I spoke briefly, did he tell you? SUPERVISOR RUSSELL: Actually Albert brought that back to the Board, we thought that was an excellent idea. MS. DOMENICI: Okay, so that would be a good opportunity to barcode or put the, what is that called again? COUNCILMAN KRUPSKI: Big brother. MS. DOMENICI: No, what is that thing... SUPERVISOR RUSSELL: You are talking about like an EZ pass. MS. DOMENICI: EZ pass, okay, and I think that might solve a little bit of the problem as far as man hours and validating actual activities. COUNCILMAN KRUPSKI: If there is a problem, sure. MS. DOMENICI: Okay. The other thing is, this has been for 10 years, I brought it up probably for last couple of years, it goes back and forth between who is responsible. At the Aldrich Lane park, the baseball park. There are puddles and puddles of water there incessantly, all the time. So West Niles can brew nicely there and then the kids that play there can easily become infected. Now, the park department says it is not theirs because it is part of the town because it is you know, there is a drain there but it is not planted right whatever and nothing ever happens with that, so somebody needs to take responsibility for fixing that, because standing water is not a good thing. COUNCILMAN TALBOT: Where is it? In the roadway? MS. DOMENICI: It is right by the drain there. And then when you are on the park grounds, the part that is not paved it is just .... SUPERVISOR RUSSELL: Yes. MS. DOMENICI: That is like, puddle heaven over there. But the biggest puddle is the one that is on the roadway by the drain. It is there forever and a day. very few times have I seen it dried out. May 22, 2012 Southold Town Board Meeting Minutes Page 76 COUNCILMAN TALBOT: It might need to be vacuumed out and then percolate down. MS. DOMENICI: Well, something should be done because it has been there for 10 years. And my last thing, this is just an update, any update on the no through tracking sign on Love Lane? Except for deliveries? COUNCILMAN TALBOT: Yes, that was heard in front of the Transportation Commission the last two meetings, we got a response back from the chief of police, he had all of his 12 officers who work in that sector and they all independently kept an eye on it to see what was going on down there. They didn't see any heavy track traffic going down Love Lane and they did not see any excessive tums in the intersections. MS. DOMENiCI: Tell them to get there early in the morning because when I am going to get my coffee at Love Lane, how many emails did I send you with the truck shots? Quite a few. COUNCILMAN KRUPSKI: Mmmhmm. COUNCILMAN TALBOT: Well, the point is, you may see a track down there but there has never been a complaint regarding it other than yourself... MS. DOMENICI: Call me crazy. COUNCILMAN TALBOT: And they didn't have any, the officers, if they say they have got 12 officers down there keeping an eye on stuff then .... MS. DOMENICI: Well, they have to go early because that is when, 18 wheelers coming off the Main Road and then zipping down there to 48 and then making a left or a tight. It is not the place to cut through, maybe Mill Lane would be better... COUNCILMAN TALBOT: Or Aldrich. MS. DOMENICI: Aldrich. There you go, let's bring them down Aldrich. But anyway, I think, I will continue to send the snapshots. I have been sending photos because I am there when it happens. COUNCILMAN TALBOT: Well, that was just at the meeting yesterday morning, and the response back was, the Transportation Commission said they weren't going to go any further with it. MS. DOMENICI: Between 7 and 8 AM. Tell them to sit there for a week. And if they don't see anything, then we are good to go but otherwise, I mean, I don't know how the people on Love Lane aren't complaining about it. I guess maybe something has to happen first because especially with the busy season coming up and those trucks are just tipping through there. And Page 77 May 22, 2012 Southold Town Board Meeting Minutes you know, maybe someone has to get hurt first. But it is there, they need to go early in the morning. Okay. Thank you for your time. COUNCILMAN KRUPSKI: Thanks, Marie. One thing about that nitric system? MS. DOMENICI: Yes? COUNCILMAN KRUPSKI: It is something that we have to really look at and really coordinate, Suffolk County Health Department and it is not going to be immediate that we have legislation requiring people to do something. We really need to know what the effect is and what the benefit is first. But not, but it is something that we will definitely look into because it looks like it has a lot of merit. MS. DOMENICI: Sooner than later I would hope. SUPERVISOR RUSSELL: I agree. Just one issue on that though, a lot of these technologies are in their infancy and the studies are being done now. But this is the challenge that we have, for instance the group that was here today said that we need to eliminate sanitary flow credits. The only time we use them is to create affordable housing, that is another compelling public purpose. I thought we have been very judicious in the use of sanitary flow. It is a balancing act, if you want affordable housing, then we are going to need to transfer sanitary flow because the density won't be there and the incentive won't be there for the developers to develop it. so it is sort of a balancing act, okay, well, we can't really eliminate sanitary flow credits and then still expect to produce affordable housing for young families to stay here. All of these things are a balancing act and it is very difficult and sometimes these interests tend to be, not competing but contradictory in nature. So this is the ongoing process that we have, trying to struggle and balance out these issues. Also today, they mentioned we need to be more assertive in land preservation. I would like to know how Southold can be any more assertive than it is already. We actually have created bonds to go out and buy, on the open market, farms that were at risk of development. That is the first time we have ever had, and then created a provision that allows us to resell those farms after they have been sterilized from development rights. I would like to know how we could be more assertive? We have borrowed against anticipated futures with the CPF fund to buy land now while it is cheap. So a lot of these things get put on the table, I feel like some are being addressed and some, they are more difficult to address then at first blush because of the other competing public goals and interests. MS. DOMENICI: Well, as it relates to the affordable housing, there would be no value in building affordable housing if the water consistency continues to degrade. You know, we just can't have water that is not good for us to habitat with. So, you know, nitrics is been proven, there is statistics to you know, what they, what it leaves in the system versus what the current usage of you know, what we are using today as septic systems. So there is no value in putting in our septic systems, at all. There is none. Because what is it, does it work at all? And if it does, what does it work for? Two years maybe? And then the rest of it is all pouting in, you know, you just can't, you know we have to really weigh what is important and the health and welfare of the community is really what weighs importantly as far as I am concerned because, if we are May 22, 2012 Page 78 Southold Town Board Meeting Minutes all, you know, with cancer and all kinds of different diseases because our water ts so tainted and you know, listen, the immediate impact. If water was so bad and you drank a cup and you dropped dead from it, you would have people panicking, saying oh my god, they drank water and they dropped dead from it. this is a slow process, so until it slaps somebody upside the head, it is like, well the water is okay, I drink it, its not bad. What is the end result? And we really don't know but listen, it is not good. If I made mediocre food and invited you for dinner, you would be like, I am not going there, that food is, you know? But we are drinking water, we are using water. Our kids are drinking it, our animals are drinking it. we really need to make that a priority and I know you have a list of priorities and I don't mean to, you know, prioritize your list but you know, if we are not in good health and our real estate values don't hold true, we are out of business. We can all turn the lights out, last one out, mm out the lights. So that is my thought. Thank you for your time. SUPERVISOR RUSSELL: Thank you. Gwen Schroeder MS. SCHROEDER: Can I just add one... SUPERVISOR RUSSELL: Yes, please. Please. MS. SCHROEDER: About the whole TDR thing. I am like the epitome of working class and labor. My husband is a heavy equipment operator, I was a registered nurse for many years, one of my kids works in the winery industry. Another one of my kids works in landscaping, I mean, we are pretty blue collar and I just want to emphasis that it is not either or. ~I think that these systems do work and there is a difference between TDR's, which either the town controls, you put on the open market and people buy them, then taking sewer credits from land that was preserved, right? Because that is bought with public monies, right? Okay. So I think when the town, when we bonded, when we did the CPF, people not only wanted to preserve open space but they wanted the environmental benefits, that extinguishing that development did. Now I am not saying, and I don't think anybody said, throw the transfer of sewer credits out. I don't think anybody said that today. SUPERVISOR RUSSELL: It was on the slide. MS. SCHROEDER: I, okay. SUPERVISOR RUSSELL: Specifically. That's okay. MS. SCHROEDER: Okay, one group. I don't know that I completely agree with it, that you throw them out completely but if there is a, you know, this community, I think we are a bright community, this community decides these two things are important to us. Providing affordable housing and clean drinking water. I think that is a priority for everyone. SUPERVISOR RUSSELL: Right. May 22, 2012 Southold Town Board Meeting Minutes Page 79 MS. SCHROEDER: If you have someone with breast cancer in your family, if seeing, Benja talked about the degradation of East Creek. I mean, Howard Meineke came in and said this would be a perfect, Fisherman's beach would be a perfect place to have a pilot program to show, we have seen, we know what it is. It is nitrogen. It is killing our wetlands, so I just would caution you to have a broad mind, and think outside the box and maybe, we can have affurdable housing and clean water, we don't have to have either or, we can do both. And I think the community, if you put it in terms like that because this is a, the community came together and said we want A and we want B. maybe they are willing to pay for that, maybe they are willing to subsidize that a little more if they understand what is at stake. And that is all I am saying. SUPERVISOR RUSSELL: I am not suggesting one should take priority over the other, all I am suggesting is... MS. SCHROEDER: I am saying both. SUPERVISOR RUSSELL: It is a balancing act on all of this. MS. SCHROEDER: I think you can have both and I think like Marie said, there is enough study out there, we know what is hurting our creeks. And I agree with you, there are other issues down the road, the OC's, personal care products, medication, it is all bad but that doesn't mean we can't do something and shouldn't do something now about the nitrogen. We know we have systems that will take a lot of the nitrogen out and we know that is what is hurting us. We know that that's what is killing the shellfish, that saxotoxin that was found in Mattituck, we know that leads to red tide. That is very dangerous. It is a serious neurotoxin. I read a book 10 years ago about North Carolina, fishermen would go out that fished those waters their whole lives and would be so confused because that is how toxic this stuff is. Now it is not, I don't mean to be hyperbolic, it is not like that now but we have an opportunity right now, everybody needs, I go back to my nursing school days. Maslow's hierarchy of needs, you need oxygen and water. You don't have those two things, really nothing else matters. You know? It doesn't matter if you are successful in business, it doesn't matter if you are successful at love, if you don't have good oxygen, water and healthy food, nothing else matters. So, I had better get of/: SUPERVISOR RUSSELL: Thank you. Anybody else? Ellen McNeilly ELLEN MCNEILLY: I spent a long time in Town Hall today, partly from the Orient Association and partly for myself being interested in being what is being discussed. It occurs to me in supporting what Gwynn was just saying that in what was going on this morning, is that there is funding available for pilot projects that does not come out of town coffers. It does make sense that it could be associated with affordable housing, at least it occurred to me that that would be a very useful use of that. the other thing that was occurring to me in this evening's discussion was relative to the site permits for the winery, one of the things that happens with a lot of people coming to the wineries is a complication in the waste water treatment. Whether they are using port-a-potties or not, there is a lot of people there using facilities. That also could be some kind of project whereby the wineries could be using specific types of treatments that would not be, that would be clustered or grouped to deal with that particular impact. We also, May 22, 2012 Southold Town Board Meeting Minutes Page 80 another point, do we also have any idea what the, we have had monocultures in this area before. Whether we have potatoes or cauliflower or whatever, nonetheless and they were all using various and sundry fertilizers of one sort or another which we are now dealing with in the waste, dealing with in the groundwater. What are the ones that are being used in the wineries? What is the impact of them on the groundwater? Do we know what the groundwater flow is relative to where the wineries are in terms of their structure geographically. Has any study been done of that and what is the impact of it? so those are the basically three things that I wanted, just floating around in my head that I know that you all are dealing with in various ways that I don't envy what you have to deal with but I don't think they are separate silos of information. I think they are related and I think that they need to be viewed on that way at least on some level so that the impact of code development and zoning development can be seen with a tied in view coming down to the impact that has to be voted upon, that has to be decided upon. COUNCILMAN KRUPSKI: You are absolutely right. I mean, usually unfunded mandate is a pretty dirty word and that is what MS 4 program is. However, you are right, that does tie a lot of that in because it is not only surface water but it is groundwater and it ultimately leads to the degradation of our creeks and bays. So it does all tie together. SUPERVISOR RUSSELL: Thank you. MS. MCNEILLY: And thank you for your attention to all of this. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:19 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell