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Home My WebLink AboutTB-09/08/2015 ELIZABETH A.NEVILLE ,,''goFFot -- Town Hall,53095 Main Road TOWN CLERK �o�, � %> PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o y�,� Fax(631)765-6145 MARRIAGE OFFICER , =y''o! * a°�r� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING September 8, 2015 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 8, 2015 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on September 8, 2015 at Meeting Hall, 53095 Route 25, Southold,NY. _Attendee Nam_ a Organization Title Status Arrived Robert Ghosio = Town of Southold ] Councilman ; Present James Dinizio Jr Town of Southold_ Councilman Present William P. Ruland Town of Southold ' Councilman Present Jill Doherty _,.. w Town of Southold Councilwoman Present Louisa P. Evans - Town of Southold —1 Justice j Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk } Present William M Duffy ! Town of Southold Town Attorney Present I. Reports 1. Special Projects Coordinator Monthly Report 2. Dept of Public Works Monthly Report 3. Town Clerk Monthly Report II. Public Notices 1. NYS Beginning Farmers Fund Grant Program Project Southold Town Board Meeting page 2 September 8, 2015 III. Communications IV. Discussion 1. 9:00 AM Linda Ruland,Director of CAST 2. 9:15 AM Judge Price 3. 9:30 AM Justice Evans, Heather Lanza 4. Implementation of Transient Rental Legislation 5. Tick Committee 6. Donation from Wayne William 7. Waterfront Setbacks 8. LL/Aquaculture Uses-Public Hearing This Evening 9. Executive Session -Labor 10. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:03 AM for the purpose of discussing the following matters: Labor Attorney/Client Privilege RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 11. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 11:05AM RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 12. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 11:05AM until the Regular 7:30PM Meeting of the Southold Town Board. • Southold Town Board Meeting page 3 September 8, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Okay, at this time I am going to ask anybody that would like to comment on any of the agenda items, the agenda items only at this point to please feel free. I know we have a public hearing a little bit later on, we are going to take that testimony after we open the public hearing. On the rest of the agenda,would anybody like to comment? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Thursday,February 26,2015 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosio Seconder Q _ ❑ -❑ ❑ CSI Accepted James Dinizio Jr Voter Q ❑ ❑ ❑ o Accepted as Amended - - "._. _ P William P.Ruland Mover Q ❑ ❑ ❑ 0 Tabled Jill Doherty Voter Cf ❑ ❑ ❑ Louisa P Evans Voter_ - Q ❑ _ ❑ ❑ Scott A Russell Voter Q - ❑ ❑ ❑ V.Resolutions 2015-766 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Board Meeting page 4 September 8, 2015 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 8, 2015. ✓Vote Record-Resolution RES-2015-766 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled --- Robert Ghosio Seconder lZI ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El 0 0 ❑ ❑ Rescmded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Mover El 0 0 ❑ 0 Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-767 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 22, 2015 at the Southold Town Hall, Southold,New York at 4:30 P. M. ✓Vote Record-Resolution RES-2015-767 El Adopted — ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn Robert Ghosio Seconder El 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 0 Tax Receiver's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Rescmded Jill Doherty Voter El ❑ 0 0 ❑ Town Clerk's Appt Louisa P Evans Mover El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ 0 ❑ No Action ❑ Lost 2015-768 CATEGORY: Budget Modification Southold Town Board Meeting page 5 September 8, 2015 DEPARTMENT: Information Technology Information Technologies Budget Modification Financial Impact: Transfer money from operating expense account to capital projects RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 budget as follows: From: A.1680.2.400.450 Computer Hardware $200.00 To: A.9901.9.000.100 Transfer to Capital Fund $200.00 RESOLVED that the Town Board of the Town of Southold hereby increases the 2015 Capital Fund as follows: Revenues: H.5031.35 Workstations and Printers $200.00 Appropriations: H.1680.2.600.100 Workstations and Printers $200.00 ✓Vote Record-Resolution RES-2015-768 C! Adopted ❑ Adopted as Amended ❑ Defeated , Yes/Aye No/Nay , Abstain Absent ❑ Tabled El Withdrawn Robert Ghosio Voter El 0 0 0 ❑ Supervisor's Appt James Dmizio Jr Mover 0 ❑ ❑ 0 ❑ Tax Receiver's Appt William P.Ruland Seconder, El 0 0 0 ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter l ; ❑ 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 0 ❑ ❑ No Action ❑ Lost 2015-769 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission for the Closure of Love Lane Financial Impact: Total Police Department Cost for Event = $ Southold Town Board Meeting page 6 September 8, 2015 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Roanoke Vineyards on behalf of the Love Lane Merchants to hold a series of First Friday Events and to close down Love Lane from Route 25 to Pike Street, Mattituck on September 4, 2015, October 2, 2015,November 6, 2015, December 4, 2015 from 6:00 PM to 9:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as addition insured for two million dollars and comply with all the conditions of the Town's Policy for Special Events on Town Properties. All fees shall be waived with the exception of the clean-up deposit. Support is for this year only. ✓Vote Record-Resolution RES-2015-769 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled O Withdrawn Robert Ghosio Voter D 0 0 0 ❑ Supervisor's Appt James Dinizio Jr ! Voter El 0 0 ❑ William P Ruland Seconder RI 0 0 ❑ Tax Receiver's Appt ❑ ❑ Rescinded Jill Doherty Mover ll 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans , Voter E 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ No Action ❑ Lost 2015-770 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Financial Software Services Financial Impact: Additional appropriation for ACS programing services for changing Chart of Accounts for CPF fund RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1310.4.500.400 Accounting & Finance, C.E. Leadership Training $375 Total $375 To: A.1680.4.400.552 Information Technologies, C.E. Financial System Maintenance $375 Total $375 Southold Town Board Meeting page 7 September 8, 2015 ✓Vote Record-Resolution RES-2015-770 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 0 0 ❑ No Action ❑ Lost • 2015-771 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds for the purchase of necessary In Car Video System RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Whole Town General Fund budget as follows: From: A.3120.2.500.250 Police/Equipment/Defribulators $1,657 A.3120.2.500.300 Police/Equipment/Radar 865 A.3120.2.500.400 Police/Equip./Radio Equip 7,967 A.3120.2.500.600 Police/Equipment/Weapons 1,772 Total $12,261 To: A.3120.2.500.775 Police/Equip/In Car Video/Comp./RAD $12,261 Total $12,261 ✓Vote Record-Resolution RES-2015-771 El Adopted -- Yes/Aye Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Seconder, 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ 0 Withdrawn William P Roland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ O Tax Receiver's Appt Louisa P Evans Mover 0 ❑ 0 ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ 0 0 L t - _ Southold Town Board Meeting page 8 September 8, 2015 o Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-772 CATEGORY: Budget DEPARTMENT: Accounting Transfer from Employee Health Plan to Operating Funds RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $590,000 as of August 31, 2015 from the Town of Southold Employee Health Benefit Fund to the Town Operating Funds as follows: General Fund Whole Town $330,095.74 General Fund Part Town 50,145.12 Highway Fund Part Town 159,155.67 Solid Waste Management District 50,603.47 Total $590,000.00 ✓Vote Record-Resolution RES-2015-772 El Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay i Abstain i Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 0 0 ❑ Tax Receiver's Appt William P.Ruland Voter 0 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 0 0 1 0 ❑ Town Clerk's Appt Louisa P Evans Seconder D 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q 0 0 0 ❑ No Action O Lost 2015-773 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish 2015 Capital Budget for Record Restoration Financial Impact: 2015 Capital Budget to Restore Early Town Records Southold Town Board Meeting page 9 September 8, 2015 RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2015 Capital Budget: Capital Project Name:Restore Early Town Records Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.36 Interfund Transfers $5,500. Restore Early Town Records Appropriations: H.1460.2.400.200 Records Management Capital Outlay Contracted Services Restore Early Town Records $5,500. ✓Vote Record-Resolution RES-2015-773 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn Robert Chow) Voter 0 ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Mover ; Cf ❑ 0 0 ❑ Tax Receiver's Appt William P.Ruland Voter ; El 0 0 ; 0 ❑ Rescinded Jill Doherty Seconder E ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter ; 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-774 CATEGORY: Employment-Town DEPARTMENT: Accounting Acknowledges Retirement Lynne M Krauza WHEREAS,the Town of Southold has received email notification on September 1, 2015 from the NYS Retirement System concerning the retirement of Lynne M. Krauza effective September 30, 2015 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Lynne M. Krauza effective September 30, 2015. ✓Vote Record-Resolution RES-2015-774 Cl Adopted 0 Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Board Meeting page 10 September 8, 2015 ❑ Defeated Robert Ghosio Voter El ❑ 0 ❑ O Tabled James Dmizio Jr Voter El ❑ ❑ ❑ O Withdrawn William P Ruland Seconder E ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover El ❑ ❑ ❑ ❑ Tait Receiver's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-775 CATEGORY: Budget Modification DEPARTMENT: Information Technology I.T. Budget Modification Financial Impact: Budget modification only impacts the I.T. Operating Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1680.4.100. 554 Tapes and Diskettes $800.00 A.1680.4.100. 150 Standard Computer Paper $300.00 Total $1100.00 To: A.1680.4.400.558 PC Software Maintenance $1100.00 ✓Vote Record-Resolution RES-2015-775 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 0 _.._ ❑ Supervisor's Appt James Dinizio Jr Voter fJ ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland , Mover ❑ ❑ o Rescinded Jill Doherty Voter 2 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 0 ❑ No Action O Lost Southold Town Board Meeting page 11 September 8, 2015 2015-776 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Conference:LI APA 2015 East End Planning Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terry, Principal Planner, Brian Cummings, Planner, and Alyxandra Sabatino, Planner, to attend the LI APA 2015 East End Planning Conference at The Stony Brook University School of Marine and Atmospheric Sciences in Southampton on September 24, 2015. All expenses for registration to be a legal charge to the 2015 Planning budget and the travel cost will be a Town Vehicle. ✓Vote Record-Resolution RES-2015-776 E Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter E 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland , Voter E ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter E 0 ❑ ❑ o Town Clerk's Appt Louisa P.Evans Mover E 0 ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 0 O No Action ❑ Lost 2015-777 CATEGORY: Surplus Equipment DEPARTMENT: Recreation Recreation Department-Dispose of Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the Gestetner 3235e copy machine (Serial# 1B30890755) to be surplus equipment and have it properly disposed of as it is unusable and obsolete. I Vote Record-Resolution RES-2015-777 E Adopted Yes/Aye No/Nay Abstain ' Absent _ ❑ Adopted as Amended Robert Ghosio Mover E ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter El ❑ ❑ 0 O Tabled William P Ruland Voter El 0 0 0 O Withdrawn Jill Doherty Voter El 0 0 0 Southold Town Board Meeting page 12 September 8, 2015 ❑ Supervisor's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter I ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-778 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Attorneys to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorney, William M. Duffy, Assistant Town Attorney, Stephen F. Kiely, and Assistant Town Attorney, Lori M. Hulse, to attend the seminar entitled "27th Annual Supreme Court Review" at the Touro Law Center in Central Islip,New York, on October 2, 2015. All expenses for registration and travel are to be a charge to the 2015 Town Attorney budget. ✓Vote Record-Resolution RES-2015-778 El Adopted ❑ Adopted as Amended ❑ Defeated - - -- - - -- _.. Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter , El 0_ o ❑� ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter ! El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter j El 0 0 ! 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-779 CATEGORY: Advertise DEPARTMENT: Highway Department Advertise for Highway Maintenance Building Southold Town Board Meeting page 13 September 8, 2015 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of a Highway Maintenance Building at the Town's Highway/DPW Yard in accordance with specifications prepared by L.K. McLean Associates, P.C.. ✓Vote Record-Resolution RES-2015-779 ll Adopted ❑ Adopted as Amended ❑ Defeated -- - - Yes/Aye No/Nay Abstain ' Absent ❑ Tabled - - Robert Ghosio Voter l 0 ❑ 0 ❑ Withdrawn — ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder Il 0 ❑ I 0 ❑ Rescinded Jill Doherty Mover ll ❑ 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter ll ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-780 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney 2015 CDBG Funding Agreement W/Suffolk County RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office of Community Development in connection with the 2015 Community Development Block Grant Program in the amount of$49,164, fully funded by the Department of Housing and Urban Development (HUD), subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-780 El Adopted - ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ' Abstain Absent ❑ Tabled ❑ WithdrawnRobert Ghosio Voter ' El ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter , El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ 171- 0 ❑ No Action ❑ Lost -- ----- ---- Southold Town Board Meeting page 14 September 8, 2015 2015-781 CATEGORY: Contracts, Lease&Agreements DEPARTMENT: Town Attorney Dike Project Maintenance Agreements RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Maintenance Agreements between the Town of Southold and the owners/lessees of Latham Farm, Salt Air Farm, Terry Farm and Wickham Farm, in connection with the Emergency Watershed Protection Program for repair of damaged dikes on certain agricultural parcels in the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-781 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - -- - --- --- -- -- - --- ❑ Withdrawn Robert Ghosio Seconder E1 0 0 James Dinizio Jr Voter 0 ❑ ❑ 0 ❑ Supervisor's Appt ❑ Tax Receiver's Appt William P.Ruland Voter Q 0 0 ❑ ❑ Rescinded Jill Doherty ' Voter El ❑ ❑ - 0 ❑ Town Clerk's Appt Louisa P Evans Mover El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-782 CATEGORY: Employment-Town DEPARTMENT: Accounting Establish Annual Wage for Seasonal Police Officers WHEREAS the New York State Retirement System Tier 6 legislation requires employers to determine an Annual Wage for individuals who work Part-Time, Seasonal or on an Hourly, Daily or Unit of Work Basis, and WHEREAS the Town Board has determined that it should formally establish an Annual Wage for Seasonal Police and Fire Retirement System Tier 6 members, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby establishes a 2015 Annual Wage of$13,318.40 for Seasonal Police Officers. ✓Vote Record-Resolution RES-2015-782 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover ❑ ❑ ❑ > - ❑ Southold Town Board Meeting page 15 September 8, 2015 ❑ Defeated James Dinizio Jr Voter D ❑ 0 0 ❑ Tabled William P Ruland ; Voter ; l ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El ❑ 0 0 ❑ Supervisor's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-783 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Mattituck Presbyterian Church Artisan Fair RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Presbyterian Church to hold an Emerging Artisan Fair and close Old Sound Avenue, in front of the church and supply traffic control, from 10:00 am to 3:00 pm on Saturday, October 17, 2015,provided they comply with all of the restrictions in the Town's Events Policy. Support is for this year only. All fees associated with this event have been waived with the exception of the Clean-up Deposit. ✓Vote Record-Resolution RES-2015-783 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr ; Mover 0 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 0 ❑ Rescinded Jill Doherty Voter El ❑ 0 0 ❑ Town Clerk's Appt Louisa P.Evans Voter El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter R ❑ ❑ i ❑ ❑ No Action ❑ Lost 2015-784 CATEGORY: Policies DEPARTMENT: Accounting Southold Town Board Meeting page 16 September 8, 2015 Amend and Adopt the Investment Policy RESOLVED that the Town Board of the Town Southold, in accordance with Section 39 of the General Municipal Law, hereby amends and adopts the Investment Policy for the Town of Southold dated September 8, 2014. ✓Vote Record-Resolution RES-2015-784 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain ' Absent ❑ Tabled Robert Ghosio Voter Lal ❑ ❑ ❑ O Withdrawn James Dinizio Jr Voter 0 0 0 0—Supervisor's Appt ❑ Tax Receiver's Appt William P.Ruland Seconder ll 0 0 0 ❑ Rescinded Jill Doherty Mover ; ; 0 _ ❑ ❑ o Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter L 0 0 0 ❑ No Action ❑ Lost 2015-785 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue-New Suffolk Historical Council to Hold Its 5Th Annual Car Show Financial Impact: Total Police Department Cost for Event =$263.36 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to hold its 5th Annual "Back in Time Before 1959" Car Show on the Cutchogue Village Green, Cutchogue on Sunday October 18, 2015 from 9:00 AM to 4:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as addition insured for two million dollars and comply with all the conditions of the Town's Policy for Special Events on Town Properties. All fees shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ✓Vote Record-Resolution RES-2015-785 O Adopted - - Yes/Aye No/Nay ' Abstain , Absent ❑ Adopted as Amended :_ ❑ Defeated Robert Ghosio _; Voter 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr ' Voter 0 0 0 0 0 Withdrawn William P Ruland ; Mover , D 0 0 0 ❑ Supervisor's Appt Jill Doherty Voter l ❑ ❑ ❑ o Tax Receiver's Appt Louisa P Evans Seconder El ❑ ❑ ❑ O Rescinded Scott A Russell ^ Voter El 0 0 0 Southold Town Board Meeting page 17 September 8, 2015 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-786 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds to purchase a new Police Interceptor Sedan for new HP unit. Funds to be reimbursed by Suffolk County Asset Forfeiture Fund RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Whole Town Fund budget as follows: From: A.1990.4.100.200 Contingent, Police Retirement Reserves $35,000 Total $35,000 To: A.3120.2.300.100 Police/Equipment/Automobiles $35,000 Total $35,000 ✓Vote Record-Resolution RES-2015-786 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ; Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio , Seconder Cil 0 0 I 0 ❑ Supervisor's Appt James Dmizio Jr Voter . Il 0 0 0 ❑ Tax Receiver's Appt William P.Ruland Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El 0 1 0 0 ❑ Town Clerk's Appt Louisa P Evans , Mover Lel 0 0 0 ❑ Supt Hgwys Appt Scott A Russell , Voter El 0 0 ❑ ❑ No Action ❑ Lost 2015-787 CATEGORY: Public Service Southold Town Board Meeting page 18 September 8, 2015 DEPARTMENT: Town Clerk Tick Working Group Mission Statement WHEREAS the Town Board of the Town of Southold established the Southold Town Tick Working Group on June 16, 2015,to evaluate current strategies and programs to reduce/eradicate tick populations, now therefor be it RESOLVED that the Working Group is charged with the task of evaluating these programs for their effectiveness, costs and environmental impacts and of their viability of being implemented in Southold. A review of current studies/data and, when necessary, field visits, as well as input from professionals in related fields should be utilized in the Working Group's valuations. Specifically, the Working Group shall: • Evaluate the four-poster program implemented on Shelter Island and elsewhere • Evaluate success of pesticides currently available and in use, especially by government agencies • Relationship (if any) of wildlife/pest management and tick populations • Identify and evaluate any new proposals/products contemplated for use in eradicating tick populations A final report shall be presented to the Southold Town Board which details the Working Group's findings. The report shall include the effectiveness of each strategy,the estimated cost of each program, and the environmental impacts of each. The report should also include the viability of implementing each program in Southold Town and the Working Group's recommendations. ✓Vote Record-Resolution RES-2015-787 El Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn Robert Ghosio Mover El 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter , 0 0 ID ❑ Rescinded Jill Doherty Voter , El 0 0 0 o Town Clerk's Appt Louisa P.Evans Seconder, El 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ' 0 ❑ ❑ ❑ El No Action ❑ Lost -- - --- - - -- - - - 2015-788 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk -------- -- --- - Southold Town Board Meeting page 19 September 8, 2015 Southold Town Tick Working Group Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the Southold Town Tick Working Group for a term of 4 months from the date of this resolution: James Duggan, Laura Klahre, Maureen Massa, Louis H. Wirtz and John Rasweiler to serve without compensation,travel expenses only. ✓Vote Record-Resolution RES-2015-788 ll Adopted ❑ Adopted as Amended ❑ Defeated - — Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio ; Voter ll ❑ r ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr ' Mover 0 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland ; Seconder ll ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter ' ll 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter l 0 0 ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 ❑ 0 ❑ No Action ❑ Lost 2015-789 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modifications Financial Impact: Authorizations for:P/T office clerk through end of year;June repair of bucket on rented payloader; troubleshooting on grinder engine misfire; removal of nuisance animal from shop (final cost);supplies for repair of compost well hose reel. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste Management District budget as follows: From: SR 8160.1.200.100 Reg Earnings/Part-Time Employees $5,600 SR 8160.4.100.200 Diesel Fuel 1,000 SR 8160.4.100.596 Maint/Supply CBI Grinder 850 SR 8160.4.400.200 Building Maintenance 950 Total $8,400 To: SR 1490.1.200.100 Reg Earnings/Admin. Part Time Emp. $5,600 SR 8160.4.100.125 Misc. Supplies 160 Southold Town Board Meeting page 20 September 8, 2015 SR 8160.4.100.350 Pest Control 950 SR 8160.4.400.665 Contr. Repairs CBI Grinder 850 SR 8160.4.400.910 Equipment Rental 840 Total $8,400 ✓Vote Record-Resolution RES-2015-789 ll Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter , El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ll 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland , Seconder El 0 0 ❑ ❑ Rescinded Jill Doherty Mover , 2 ' 0 0 LI ❑ Town Clerk's Appt Louisa P Evans Voter El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter , 21 ' ❑ 0 0 ❑ No Action ❑ Lost 2015-790 CATEGORY: Organizational-Accounting DEPARTMENT: Town Clerk Appoint Confidential Secretary RESOLVED that the Town Board of the Town of Southold hereby appoints Mary L. Silleck to the position of Confidential Secretary to the Town Attorney, effective September 23, 2015 through December 31, 2015, at a rate of$65,000.00 per annum. ✓Vote Record-Resolution RES-2015-790 21 Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye - Yes/Aye No/Nay Abstain Absent ❑ Tabled ___ ❑ Withdrawn Robert Ghosio Voter 21 ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter Ef 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover _ Cf 0 0 0 0 Rescinded Jill Doherty ' Seconder El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter ; El 0 0 0 I ❑ No Action 0 Lost Southold Town Board Meeting page 21 September 8, 2015 2015-791 CATEGORY: Property Usage DEPARTMENT: Town Clerk CAST Building Usage RESOLVED that the Town Board of the Town of Southold hereby grants permission to Community Action Southold Town, Inc. ("CAST")to utilize the Peconic Lane Community Center in order to provide free computer training classes. ✓Vote Record-Resolution RES-2015-791 El Adopted O Adopted as Amended O Defeated __.. ___.. _ _ .___ Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio , Seconder El ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter EI ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Voter , 0 0 EI ❑ ❑ Rescinded Jill Doherty ' Voter (Z 0 ❑ 0 ❑ Town Clerk's Appt Louisa P.Evans Mover El 0 0 0 o Supt Hgwys Appt Scott A.Russell Voter ' 0 ❑ ❑ 0 ❑ No Action ❑ Lost Comment regarding resolution 791 COUNCILMAN RULAND: Mr. Supervisor, I am going to recuse myself from voting on this as my wife is the Executive Director of Community Action Southold Town. 2015-796 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL in Re:Aquaculture WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Southold Town Board Meeting page 22 September 8, 2015 Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". - BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this Chapter,the terms used herein are defined as follows: Unless otherwise expressly stated,the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language., unabridged (or latest edition). AQUACULTURE/MARICULTURE The cultivation,planting, containment or harvesting of products that naturally are produced in the freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in water filling or dredging or the construction of any water regulating structures. AQUACULTURE - The cultivation,planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for Southold Town Board Meeting page 23 September 8, 2015 the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE-The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. $280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: l Southold Town Board Meeting page 24 September 8, 2015 (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 4280-62. Use regulations In the LI District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2015-796 ❑ Adopted ❑ Adopted as Amended ❑ Defeated El Tabled ' Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter El 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ 0 0 ❑ Tax Receiver's Appt William P.Ruland Mover El ❑ ❑ 0 ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 0 ❑ o Supt Hgwys Appt Scott A Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost Next:9/22/15 4:30 PM Southold Town Board Meeting page 25 September 8, 2015 VI. Public Hearings PH 9/8/15 @ 7:32 PM LL/Aquaculture Uses This public hearing was closed at 9:29PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"; AND 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 8th day of September, 2015 at 7:32 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 2191 Shellfish and Other Marine Resources, and Chapter 280, Zoning,in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. Southold Town Board Meeting page 26 September 8, 2015 Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language., unabridged (or latest edition). AQUACULTURE/MARICULTURE The cultivation, planting, containment or harvesting of filling or dredging or the construction of any water regulating structures. AQUACULTURE -The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE- The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous Southold Town Board Meeting page 27 September 8, 2015 parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. , (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Southold Town Board Meeting page 28 September 8, 2015 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 here a letter from the Suffolk County Executive's Department of Economic Development and Planning, `pursuant to their requirements, the above referenced application has been submitted to the Suffolk County Planning commission and is considered to be a matter of local determination as there is no apparent county-wide or inter-community impact.' This has been signed by Andrew Freleng, chief planner and it does note that a decision of local determination should not be construed as either an approval or disapproval. I have a memorandum from the Planning Board chairman, Donald Wilcenski, and the Planning Board supports the adoption of this legislation with the following comments: 'The setbacks to agricultural operations from the structure to contiguous parcels as established in the section below should be reduced to 50 feet if: a. the contiguous parcel is protected b. in agricultural use and c. single family residences are not located within 200 feet.' I have a memo here from the LWRP coordinator and it says 'the proposed action as proposed is a type II action and therefore not subject to SEQRA review.' I have a signed affidavit that this public hearing announcement has been printed and placed on the Town Clerk's bulletin board and put on the website. I have a signed affidavit that the announcement of this hearing was published in the Suffolk Times and I believe that is it. I am sorry, I do have a memorandum here from Chris Baiz, chairman of the Agricultural Advisory Committee, they support the adoption of this legislation with the following comments: '1. The setbacks for agricultural structures should coincide with that for residential structures. 2. 280-13 use regulations, In the A-C district, should also state or on land located within a county adopted State certified agricultural district. 3. In 280-13-A (7) e: In addition to site plan review, should state if located within a county adopted, state certified agricultural district, site plan review should be expedited.' That is it. And we also have here a letter that was received and added to the file from John and Margaret Skabry. Dear Supervisor Russell, We are opposed to the proposed changes permitting land based aquaculture operations in the AC district. Aquaculture should only be permitted as presently in the Marine I and II districts. Presently, 280-52 B 2, IN the Marine I district a special exception by the Board of Appeals must be granted for aquaculture operations. Fish markets and fish processing are not a permitted use. 280-55 B 4, In the Marine II district a special exception by the Board of Appeals must be granted for fish processing plants, fish markets, wholesale and retail sale of finfish and shellfish. 280-13 A 2 b, Permitted uses, the keeping, breeding, raising and training of horses, domestic animals and fowl require 10 acres or more. 280-13 A 4 b, Wineries require at least 10 acres owned by the winery owner. The proposed changes require only 7 acres and no mention of land ownership for aquaculture. The proposed changes have no mention of a special exception by the Board of Appeals for aquaculture. We question the wisdom of permitting fish factories, fish processing plants and fish markets throughout town. This tilapia, striped bass, canneries etc. We urge you to prevent the paving over of our farmland, the Town Board should do everything to encourage row crops. We have voted in favor of farmland preservation legislation and taxation in order to preserve the open spaces and vistas welcoming tourists so vital to our economy. We hope that you will Southold Town Board Meeting page 29 September 8, 2015 reconsider the proposed aquaculture zoning legislation and support our current zoning laws mentioned above. Sincerely, John and Margaret Skabry. Supervisor Russell SUPERVISOR RUSSELL: Okay, I am just going to ask everybody that would like to comment tonight to please keep comments brief. We certainly want to hear from everyone but we are asking you to keep your comments to a couple of minutes or we might have to cut you off and I am going to remind you before you announce yourself that you are actually testifying so we are going to honor the same. Just to a few minutes, okay? Tess Gordon, Celestial Shrimp TESS GORDON: Hello. My name is Tess Gordon and I am here with my husband Todd. We are Southold's own Celestial Shrimp. We are here to support the pending law on land based aquaculture, when we first started our venture, we were unaware that land based aquaculture was not included as an acceptable use in agricultural use in our town code. And had we known, much of the misinformation that had been stated could have been avoided. But thank you all for letting us have the time to make this presentation tonight. We are here to provide a little information about the changes of agriculture in our area with an emphasis on aquaculture. I hope you take from this a little better understanding of the subject. Agriculture in Southold is ever changing. First we had cranberries, potatoes and corn and now we have other items such as snails, mushrooms, wine and shrimp. Ever since Southold was settled in 1640, the face of the land has been changing. In 1897, there were 150 farming families in Mattituck alone. Asparagus, cauliflower and cucumbers were the staple crops of the area. And in the early 1900's potatoes, peas, lima beans and Brussel sprouts were popular. By 1916, Mattituck Creek oysters became all the rage. And in 1928, Suffolk County was the nation's third largest producer of cranberries. When was the last time we saw cranberries grown locally? Some of our current day crops include blueberries, oysters, scallops, wine and now even other exotic items such as the buffalo, microgreens and snails just to name a few. Aquaculture is just the next logical step. Farming practices in Southold also changed. We started out with the good old horse and plow, to actually transporting oysters on ice and we evolved to a seated plow and a natural early mechanical tractor by the early 1900's. Fish farming is not new to Long Island. Cold Spring Harbor fish hatchery has been raising trout for over 100 years. As Southold's own Celestial Shrimp, we offer a sustainable, clean and live product. Never frozen. Our water is used over and over and improves with age because it is a living biology. We do not use antibiotics or chemicals to grow our products and to harvest the shrimp, they are netted, rinsed and placed in a bag to be brought to local restaurants. We are wholesale facility. The future of farming our land, as there is an ever increasing demand on our environment, people have needed to change their ways. Over time, we have adopted new ways to produce higher crop yield. We have been using greenhouses for decades and now with different methods, indoor climate controlled greenhouses are helping us obtain even better results. Here are a few photos from the Walt Disney's Epcot. They have been doing this for years, many, many years. Please note that they are growing corn in sand instead of soil. And even here, you see racks of microgreens. They are growing 11,000 microgreens in the area in which only a few hundred would grow if they were doing it in the ground. Here we have our own (inaudible) press in Cutchogue growing microgreens indoors. And now we are actually seeing Disney growing without any sand or soil. This is called hydroponics. It is where they actually use a nutrient rich solution and it's put over Southold Town Board Meeting page 30 September 8, 2015 the roots of plants which actually fertilize and feed the plants. This is called hydroponics. Here we have Mr. Gabrielsen of Gabrielsen farms in Riverhead actually growing hydroponic foods. He has been known to state that the wonderful thing about growing in a greenhouse is that everything is controlled. The water, the temperatures, the seasons and the bugs. Aquaponics has been used for many years as well. aquaponics is the merger of growing plants and fish together in a symbiotic relationship. The water is filtered by the plants which flows back into the fish tank where the fish excrete waste, then in turn feeds the plants in a continuous cycle. The food grown in Disney is served in their own restaurants throughout Epcot. Modem day fish farms probably look different from what you may think. Here is an example of a typical layout of an aquaculture farm. The graduated sized tanks are for the different stages of growth. Here is the tank that resembles the actual wine fermentation tank. And these are small, used for juvenile shrimp. There's no hormones, no antibiotics, just shrimp. Here are some other views of different facilities. Here are some of our own shrimp, a few of Bob's cousins. These are 52 grams each and 7 V2 inches long. Here is an Australian prawn. Around the world, many other countries have been farming shrimp for years, outside in large ponds. And now these same countries are switching to indoor climate controlled facilities for the same reason we would like to set up our farm. It is a far better product without any environmental degradation,the one thing about all of these facilities is that they are very, very clean. Now I will address some of the issues that have been brought up in the past about aquaculture and our proposed facility in specific. The pacific white shrimp is the shrimp we will be growing and this shrimp requires a special environment. The environment includes a barn with R 30 insulation in order to maintain a constant water temperature, 86 degrees Fahrenheit. This insulation also acts as a sound barrier, the water must be 42 inches deep and oxygenated without any sunlight in order for the shrimp to thrive. SUPERVISOR RUSSELL: I hate to interrupt but really the hearing is for evaluating the use, which is land based aquaculture in the zones it is being proposed, not necessarily the specifics. I will let you continue but I am going to ask you to please wrap up as quickly as you can, okay? MS. GORDON: Okay. The tank needs to be 42 inches deep and here is an example of one. The traffic of Southold, the farm will consist of one to two deliveries of feed per month and each delivery will have one to two pallets of feed. And of course, there's going to be employee vehicles as well as postal vehicles. Because we are a wholesale operation, it is going to be limited. The processing that people had complained about will not be happening. We sell our product alive and whole. Since there won't be any removing of the heads or peeling of the shrimp bodies, there won't be any decaying matter for flies to be attracted to. The odors, we used filtered Atlantic salt water and it smells like the beach. The visibility will completely depend on the parcel that we purchase. Our business will open up jobs to the community as well as educate the public about on-land aquaculture. Schools and colleges will be able to take part in what we have to offer. The reason for indoor aquaculture is sustainable farming. Every farmer hopes to achieve sustainable farming. And currently, just about all the shrimp that's imported into the United States is frozen. RDM shrimp farms, we are modeling out business after Carlena and Darryl Browns farm in Fowler, Indiana. They are the current United States leader of indoor shrimp farming industry and are currently consulting with facilities in Vietnam and Switzerland. As you can see, they have a traditional cow barn and to the right they have some clear span type Southold Town Board Meeting page 31 September 8, 2015 buildings. This is the type of building that we would like to put up. It is a clear span building. There are many local restaurants who are excited to bring our product, Erik's right up the road can't wait to serve up our shrimp. Thank you again for listening to our presentation and we hope that you feel more comfortable with the changes that are happening in farming communities all over the world, not just Southold. Ladies and gentlemen of the Board, we hope that this gives to you an understanding of what aquaculture is about. We look forward to your support in passing this law and please don't hesitate to contact us with any questions that you may have. SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town Board on this particular local law? Karen Rivera, Oyster Farm KAREN RIVARA: Good evening, my name is Karen Rivara and I am owner of (inaudible) cultured oyster company, I have been practicing technically mariculture but also called aquaculture for over 30 years on Long Island. I do have some concerns about the proposed town code, I feel it treats land based aquaculture differently from other aquaculture disciplines in the town, aquaculture, including mariculture is considered agriculture under federal, state, county and local law. The code restricts land based aquaculture more than other types of aquaculture by relegating it to only 3 zones, at least if I understand this correctly. AC, LI and LIO. By imposing more restrictive setbacks than other farm structures in the AC district is another concern. Were this code as written in effect in 1996, my shellfish farm on the old Plock property would not exist. My farm utilizes land based structures on land in what is now zoned R-40, my farm is also in the agricultural district. I produce 20 million shellfish annually, provide jobs and an environmental benefit to our region. Modern shellfish farms are vital to our existence of a sustainable shellfish farming industry. I sincerely believe that it is the intent of the town to promote not limit innovative agricultural practices that this town will hopefully see in the future. Ag innovation will enable us to remain rural and attract young people to our area for the exciting and well-paying jobs they will provide. Limiting the zones in which certain agricultural disciplines can occur pigeon holes and restricts them, it segregates them from other agriculture practices and limits the prospects for new agricultural practices in the future. It is unfortunate that Celestial Shrimp farms was met with such fear and misinformation by potential neighbors. As aquaculture is agriculture, its land based operation should not be limited to the marine district. I feel the town code changes to accommodate this is the town's intent. We just need to tweak this code language to achieve that goal. Respectfully, Karen Rivara. SUPERVISOR RUSSELL: Thank you. who else would like to address the Town Board on this particular local law? George Aldcroft, Peconic GEORGE ALDCROFT: Good evening, George Aldcroft. I have been here many times and I think the point all along has been, I am not against aquaculture, I think we need to keep agriculture here. The question that some people really had and what started it is, all of a sudden some people right next to their house and you see the size of some of these buildings in the pictures and how big it can be, how many tanks, how many things and the main concern a lot of people had was the noise. Obviously if its inside as this lady presented here, we have a whole different environment which this building would be in but I don't know if you can say and Southold Town Board Meeting page 32 September 8, 2015 guarantee that this is the way it will be when other people come out here. And when other people want to do it, you go to East Hampton and they have open tanks and if understand the right to farm act correctly and if I hear some of the people in the farming, they want to follow the right to farm act where they really have the ability to pretty well set it up on their farm the way they would like to. And they do have a right to but then the only way we can protect maybe some people either from the noise or from the tanks, if you can say you've got little kids in the neighborhood, are we going to mandate at least a fence around them? You have to have one with a pool, so people have these big, large tanks out there in a neighborhood where it is possible to have a seven acre piece of agriculture property in the middle of a residential area. And if that person has the right to do that, they can go ahead and do it. so my question then becomes is, how well can we put some regulations in to make sure that if for example the person goes to the Ag and Markets and says I do not want to have it covered, do we have some way of saying, well, there had better be fencing because the two things that we can protect maybe at least, we would have to show one safety and the second is health. The only way that we can ever regulate anything is maybe how far it is away from people's property that in other words, noise, since we can't control noise on an agriculture property and the open tanks. If everything is set up the way you are doing it, I love it and I think we need aquaculture, I am not against... SUPERVISOR RUSSELL: Just address the Board,please, George. MR. ALDCROFT: Okay, thank you. SUPERVISOR RUSSELL: Let me just point out one thing, the Ag and Markets right to farm law, that's still here now. If we made no code change, they have every right to go to the state tomorrow and say, I don't want to live under their restrictions, they banned me from doing business and I have the right to, I have the apparent right under the right to farm law. So you know, the town has had success in the past creating code with reasonable restrictions and what this board has done is we've included those restrictions to mitigate impacts that people are concerned about and I realize there are a lot of people here that are concerned about one specific parcel in Peconic but if you read the code that is proposed, it all but eliminates the parcel because it is simply not wide enough to comply with the 200 foot setbacks from both sides. At its widest it's about 470 up front but then you have to set it back 100 from the road and the parcel narrows like a wedge, so, I am just saying, we have tried to mitigate all the other concerns with the enclosure, with the 200 foot setbacks, with the lot size requirements of 7 acres and I think the State in the past has more or less recognized reasonable restriction and the right to site plan. I am sorry, John. Go ahead. John Skabry,Henry's La.,Peconic JOHN SKABRY: I am John Skabry, from Peconic. And I guess I would like to start by saying you cannot build a reputation on promises. I want to read to you the news release, Associated Press, Albany Indiana, copyright 2014. Neighbors of an eastern Indiana fish farm say they will oppose the start of its proposed $30 million expansion after negotiations over odor and other complaints broke down. The planned expansion by Bell Aquaculture would more than double its current production of about 3 million pounds of perch, trout and salmon a year at its facility near the Delaware county town of Albany. Neighbor Tony Evans said the operation produces an odor similar to a rotten fish bowl. Neighbors also say water discharge by the farm causes drainage Southold Town Board Meeting page 33 September 8, 2015 problems and flooding. The County Zoning Board is scheduled on March 27 to consider Bell's proposal to build a feed mill for the expansion about 10 miles northeast of Munsey. The Star Press reported. The company had offered steps including the installation of pollution control equipment, planting 45 trees to create a visual barrier and buying more equipment to reduce odors from fish. The two sides had met privately in recent weeks to work on a possible agreement but the 11 neighbors rejected a settlement proposal submitted by Bell's attorney. We appreciate that but we still don't want an industrial feed mill adjacent to our properties Evans said, these feed mills smell. Company president Norman McGowan said Bell had tried to address the concerns of neighbors, McGowan said the feed mill is the first step in launching Bells expansion. We provide a healthy, sustainable option to our growing food process he said. I think we heard comments like that just a little while ago. Tax payers had invested millions of dollars to preserve our farmland, vistas and open spaces. Now greedy entrepreneurs are seeking the favored industry advantage of farming to practice other businesses on our farmland. These fish factories will take advantage of the reduced property taxes enjoyed by our legitimate farmers at our expense. Think buildings with huge tanks, salt water fish, tilapia, shrimp etc. Is this preserving the rural character of Southold by saving open space and farmland? For good reasons, our existing codes presently restricts aquaculture to the M II marine districts, a special exemption by the Board of Appeals if required for fish processing and fish markets in the M-II, considerations include smell, salinization and fecal contamination of our aquifer. Garbage and flies, pump noise, refrigeration, trucks day and night, pumps and filters, tasting rooms, outdoor lighting, parking, fish freezing and processing, canneries and smoking. How will the town monitor, enforce and respond to complaints from homeowners adjacent to these fish factories? Think Route 48 vineyard and Satur Farms in Cutchogue and the New York State right to farm law. Think of Southold, our homes and their proximity to AC district land. I am sure that there are operations that are odor free but are you going to be able to tell a farmer how he farms? Are you going to be able to tell him you have to use this process and only this process? You can only tell him that in this code that you want to pass that it's going to be inside. Inside means nothing to me, absolutely nothing. SUPERVISOR RUSSELL: What we can tell him is he is not allowed to process or package or plant which is what we have said in the past. It is not a fish plant, it's not a fish processing facility,processing and packaging is prohibited in all zones including what's proposed today. MR. SKABRY: Do I have to reread that article from the Albany Times? If they were not doing any processing here, they were just raising fish and Indiana has no, Albany Indiana has no salt water. So, I mean, they were not processing fish and still it smelled. What I am saying is, that same fella can come here from Indiana and set up that process right here and there is nothing we can do about it once we pass this law. There is, you tell me how would you stop it? If this law is written and this fella from Indiana comes here and says I am going to put my setup on 7 acres of land, how can you stop them? He doesn't have to use the system which was brought up earlier and by the way, the people that had this presentation don't have to stay with that same system if it doesn't work. An example would be this, from the day this, fish farmers sink in perilous waters of Maryland agriculture, it is a story about a family operation and how they invested money and were given government money and information to help them with the process and it failed. It is in Maryland. I did not tell them that it works, said Bradley H. Powers, an assistant Southold Town Board Meeting page 34 September 8, 2015 secretary of the Maryland Department of Agriculture. It quotes, we tell everybody this is the riskiest business in agriculture today. And it goes on because these fish farmers are suing Maryland because Maryland gave them bum information. There are reasons that the people that wrote our zoning code put aquaculture, made them, only put aquaculture, the processing, anyway, I am not going to go into that. You saw a proposed building that was going to go up. The Gordon's proposed building, on Peconic property, which is in the back of my home, would be 54 foot by 270 foot. That's what they proposed, right here in Town Hall. That's 14,580 square foot. Your law says that they can have 10 percent retail space, that's 1,458 square foot of retail area permitted. The Gordon's also said to the Southold Local, Laurel couple proposes first ever shrimp farm for Peconic, this is in November 5th of last year, a total of five buildings would be allowed on that parcel as of right. Five buildings on the Peconic property are permitted as of right, Tess Gordon, five is 14,580 square feet, 7,290 feet total retain space permitted. I believe this is more than the retail space of Braun's and Southold Fish Market combined. I believe that we have a, it is close to being the maximum size of retail space in Southold Town. I just remember that we wanted to prevent box stores and I think something, maybe you would know more about it, Scott, that I think it could be 10,000 square foot and that's it? Limitation on retail? SUPERVISOR RUSSELL: Yes, when it requires, actually, it doesn't limit the size it just requires an economic impact analysis if it goes beyond a certain size. MR. SKABRY: So they came up with 10,000 square foot. SUPERVISOR RUSSELL: I actually think it was less than that, it was 8,000. MR. SKABRY: And this is, we are talking 7,290 square foot. Marine based aquaculture will harvest from the bay, as it presently does, and they probably will retail at the AC inland aquaculture site, the right to farm law protects the farmer on the size of his operation. We couldn't put a limitation on 50 acres if they wanted to put a 50 acre inland aquaculture plant in. Would that be a right to farm law? Would they protect them? SUPERVISOR RUSSELL: You would have to speak to the State of New York. MR. SKABRY: Well, what's your opinion? SUPERVISOR RUSSELL: I think... MR. SKABRY: Can I ask our attorney? Is that possible? Or for you to ask him? If somebody wanted to put up a 50 acre fish farm and this law was passed the way it is... SUPERVISOR RUSSELL: I think our law is defendable. And I don't think New York State would ever impose that will on us. But I can't be certain. It's an opinion of counsel, I can't say for certain what the State is going to determine down the road. But it's the same risk we have now, in other words, as I have mentioned time and time again, you have the right to go to New York State at any time and ask for an opinion. Whether it is permitted in the code or not. Southold Town Board Meeting page 35 September 8, 2015 MR. SKABRY: Okay. Thank you. So there's no answer to that, basically. SUPERVISOR RUSSELL: It's speculation. MR. SKABRY: Okay. I am speculating then, the way I see it going. SUPERVISOR RUSSELL: But I don't want to, so I appreciate that. MR. SKABRY: Thank you. My neighbors on the Town Board, Marge and I want to stay right here in Peconic, we can't go back, change is inevitable. The Gordon's aquaculture operation was proposed by, for the acreage behind my home. Immediately to the rear of our half acre home of 44 years which is zoned R-80 now. Too many residential properties border on,AC land and my neighbors on the west side of Henry's Lane back up on AC land. The land that I back up on is R-80. Supervisor Russell claims that aquaculture is a bona fide agriculture business, protected by New York Agriculture and Markets laws as (inaudible) by his excellency, the appointed commissioner of Agriculture and Markets and must be permitted in Southold. This operation belongs in an industrial zone. Our water, Temik. I hope we all can remember that we used Temik to kill the potato bugs, shell backs and it got into our water system. I don't trust the county and I don't trust the state. I trust the people that live in the town and I see in the market every day. The direction of our aquifer I was told and we all know, we have been told goes from the north to the south. That's the way the water moves. Every geologist will tell you that. Perhaps somebody in geology can explain why everybody or most people on Henry's Lane got Temik filters. There were no potato fields north of us, there were no potato fields to the eastor the west. I don't believe they know which direction water is going. But I will tell you something, the water is not going to go, if it was put where it was first proposed, they would be polluting the people further down. Municipal well, how much 'they know about water. I complain, when the municipal well went in on the corner of Rt. 48 and Mill Lane, they put a humongous pump in there that Greenport Water Company, to pump fresh water to the people that needed it in town. Understandable. And I asked about it, they said it will have no effect on your well, your, maybe I am 600-800 feet from it. well, will tell you what, what the geologist know, all six homes on my street that had shallow well pumps wound up getting $4,000 deep well pumps within a year of that pump starting up. We want you to protect us through our existing zoning laws, there are good reasons why duck and pig farms are not permitted in Southold. Show of hands, how many on the Board have visited a land based aquaculture site, besides the waterfront one in Amagansett on Gardiners's Bay? Okay? Was it an industrial site? COUNCILMAN GHOSIO: I have seen several around the country as I have traveled, I make a point of visiting those types of, my degree was in zoology, so I find it interesting. MR. SKABRY: Okay. The ones that I look up are all in industrial parks in industrial zoned property and they all have municipal sewage systems. I shouldn't say that, at least the nearest one to us, the major one is up in Worcester, Massachusetts, Sky 9 and that has a municipal sewage system. I think as previous people had said, this went about the wrong way, I don't know how it happened but I have some idea. Some time prior to October 31 of 2014, Supervisor Russell or Planning Director Lanza met with the Gordon's. On October 31, the Planning Southold Town Board Meeting page 36 September 8, 2015 Director at the work session, Heather Lanza with Tess Gordon had a presentation at a scheduled Town Board work session. The Supervisor was in attendance, I would like to know who sets the agenda at the work session? How did that come about? Did you meet with the Gordons? SUPERVISOR RUSSELL: First of all, the request came from the Gordon's who met with me. The first thing I did, what I do in every single instance, is refer it to the Planning Board and the Chief Building Inspector for what we call a pre-submission conference. In other words, this is what we would like to do, where can we do it? the first parcel was actually an industrial piece of property which I believe was found you couldn't do it there. they then came back to the Town Board and said we are looking for a home for this site, so we referred it to Planning who then brought it back to us and we scheduled the Gordon's at that work session. MR. SKABRY: They went to the Town Board or just to you? SUPERVISOR RUSSELL: They probably came to me and asked to be scheduled for work session. MR. SKABRY: They didn't see anybody on the Town Board because nobody on the Town Board knew about this until it was on the work session. As a matter of fact, Councilman Doherty had to ask if you have a location. SUPERVISOR RUSSELL: They didn't come to me regarding your location,they came.... MR. SKABRY: Well you just said they had an industrial location at first. SUPERVISOR RUSSELL: When they first came to me and that's when I sent them back to the Planning Department and the Building Inspector for pre-submission conference. But I want to point out that I had mentioned at a work session prior to them coming here, I mentioned to the entire Town Board that there's a couple that's looking to create a land-based aquaculture operation, is it alright if I send it to the Planning Board for a comment? And that's what I did. So if they don't remember, I can't help them but I am quite certain that's what took place. But then they came back to the Town Board. That's the, I have been down this road 100 times. That's the essence of transparency. To bring them here, have them tell us exactly what they want to do and then we send it out for referral. That's how the process should be working. MR. SKABRY: Well, you didn't say that. Because later on you said it was inappropriate, that Councilman Doherty asked the location of it. SUPERVISOR RUSSELL: Yes. MR. SKABRY: That's not transparency, that was a public meeting. You should have told everyone at the meeting, why should the Councilman have to ask.... SUPERVISOR RUSSELL: I never knew, they never referenced the Henry's Lane parcel to me. I had no idea. What is inappropriate is to look at a use based on the specific parcel. You need to Southold Town Board Meeting page 37 September 8, 2015 look at the use and whether it is appropriate in the zone or not. It's not appropriate to say we like it if you put it here, we don't like it if you put it there unless the here or there is consistent with the zoning. You can't look at specific properties and say well, it might work there because the neighbors won't get mad or it won't work there because, that's not how zoning works. You need to look at the use and whether it's appropriate for the zoning you are looking to put the use in or whether it shouldn't be put in at all. That's how zoning works. Not by you know, a real estate map. COUNCILWOMAN DOHERTY: Can we get back to the topic of the public hearing, not how we got here. SUPERVISOR RUSSELL: Inaudible. MR. SKABRY: I want to just, we spent money and lot of educated time on the Southold 2020. The new comprehensive plan for Town of Southold and this is the agriculture chapter, which you can find nothing about land based aquaculture. It does talk about keeping the bays and our waterways clean and so forth. So agriculture had no idea what was coming and didn't want to spend any time on it. you had said to me at another meeting that there was a conclusion of it, Supervisor Russell,just so you know I know you have concerns about when things start rolling downhill, you are worried about the momentum. Just so you know, you are looking at a Board that took 14 months to pass the dog leash law. Nothing goes quickly around here. We are being e very thoughtful and thorough and listening to everything you have to say. Then Mr. Skabry said thank you. Well, that was from, that's seven months. It took 14 months to make a leash law and you have this before the Town Board to pass a, something that is going to drastically change the town in seven months, you got all the answers? Seven months? You don't even have one answer. SUPERVISOR RUSSELL: Seven months is a long time.... MR. SKABRY: I have the floor. You said I could speak. SUPERVISOR RUSSELL: Sure. You are right. MR. SKABRY: (Inaudible) shrimp farm in Stoughton Mass, industrial park, industrial zone. Blue Ridge aquaculture, Martinville, Virginia. Industrial park, industrial zone. Dairyland shrimp in Westbee, Wisconsin, industrial park, industrial zone. All the aquaculture, Amagansett, NY industrial zone. Big Barn shrimp farm, Flora, Indiana, industrial park, industrial zone. I don't have any further things to say. Belongs in an industrial zone. SUPERVISOR RUSSELL: Is it alright if I just comment on a couple of things? First, Amagansett in East Hampton, land based aquaculture is permitted in residential zones as well, not just industrial zones. Secondly, if your concern is for groundwater, how would that be mitigated by moving it to the industrial zone? The water table is under both, the AC and the industrial zones. So if the concern is groundwater, flowing from the north to the south, how would you mitigate that by locating in the.... Southold Town Board Meeting page 38 September 8, 2015 MR. SKABRY: I didn't say that you would mitigate the water, the purity of the water by moving it to industrial but you would mitigate the problem from having neighbors having the smell and all the things. I don't know if you remember what I read to you, that all of the things that occur at a fish processing plant, you would eliminate all of the problems that are in Indiana where they located it near those homes. So don't put words in my mouth. I didn't say anything about moving it to industrial would help the water situation, it won't. SUPERVISOR RUSSELL: Okay. MR. SKABRY: But I did say a sewage system would. SUPERVISOR RUSSELL: Okay. We don't have sewage systems in the industrial zones, so that would be the same challenge. MR. SKABRY: Okay,then it belongs in the marine zone, where it is now. SUPERVISOR RUSSELL: They don't have sewers in the marine zone either, so that would present a challenge. However, let me just point out that I don't know how long the leash law, I was being sarcastic, I think it only took a couple of months to pass the leash law but lord knows, sitting here that one night it seemed like a 14 month hearing. But I do have to say that seven months is hardly a you know, a fast track. Seven months is a long time. We have listened to you. We started with legislation that wasn't at all restrictive. We created 200 foot setbacks, 100 foot from roads. We have increased lot size to require seven acres. All of that is part of the process. All of that is listening to you at the, when we had the code committee meeting. I put you at the table, we listened to everything you had to say and we have tried to include that in the legislation that we are proposing, to mitigate all of those impacts that have been raised. We have tried, we really have. And seven months is not a fast track, seven months is a long time to amend the code when you are just simply adding uses. MR. SKABRY: Thank you. SUPERVISOR RUSSELL: Sure. Benja, please. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Are we still watching that thing over there or shut that off? Seems a little inappropriate that we are focusing on... SUPERVISOR RUSSELL: Good point. MR. SCHWARTZ: Southold's own Celestial Shrimp. I didn't know you were going to be a partner in this endeavor here but it almost seems like you are, the Town Board. Before I start going through my notes, there was something that you just said to John that he said processing and packaging would be prohibited under this law. SUPERVISOR RUSSELL: Processing and the packaging in the cans, it's not allowed. Packaging is permitted as part of ag use, you are not allowed to process it and then package it. Southold Town Board Meeting page 39 September 8, 2015 MR. SCHWARTZ: Is that in this law? SUPERVISOR RUSSELL: What's that? I am going to refer to Bill on that. Processing is not permitted. It's not mentioned in the code, therefore it is not permitted. Processing isn't permitted in AC zones. MR. SCHWARTZ: Well, here is says that they can have a tasting facility, you know, a retail facility. So, it doesn't say they have to sell the shrimp live... SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: There are a lot of questions here and I don't have all the answers but I think some of these questions should be considered. First of all, a comment on the purpose of the law, aquaculture is the fastest growing culture in the world, over 50% of the seafood being produced through aquaculture. Well, there is some truth to that but there is also some truth that a lot of that aquaculture, first of all, the reason that the aquaculture is becoming more popular is because of the demise of the wild caught seafood. And that's my first personal comment on this, that we don't have a local lobster industry anymore. Do you know, on the Board, do you know, which the shrimp this law talks about aquaculture of finfish, shellfish, mollusks, crustaceans and seaweed. So which one are we talking about here with the shrimp? SUPERVISOR RUSSELL: I think its finfish. UNIDENTIFIED: Shellfish. MR. SCHWARTZ: I think the audience knows. Crustaceans, which include also crabs and lobsters but this law is, the point is this law is a very broad law and authorizes a whole lot more than just shrimp farming. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: The statement in the preamble here, the Town of Southold has large area suitable for the development of land based aquaculture. I think that's what we are trying to figure out here. The purpose and law is to provide orderly development. I don't see that this law does much to provide orderly development, requiring site plan approval by the Planning Board, without very many standards. I am sorry I am going a little bit out of order but I didn't really have time to, this proposed new use permitting on agriculture land in the Town of Southold agricultural zoning, that includes permitting this use on land on which the development rights were purchased by the taxpayers to prevent development on that land but it doesn't seem like this is taking that into consideration in any way, shape or form. I don't know if that subject has come up in your deliberations but I would like to see a study, a report about maybe from the Land Preservation Department as to what their opinion of this and how that would, whether it would be appropriate or not considering the purposes which taxpayers financed the purchase of development rights. The people here with the shrimp farm seem to be representative of a new form of aquacultural industry, being a reaction to forms of aquaculture which are toxic. I found Southold Town Board Meeting page 40 September 8, 2015 something from this organization, a part of the alliance for global aquaculture, and they have a certification process under which they consider four classes of issues, whether the food is safe to eat, whether the shrimp are okay, the health and welfare of the animals that are being cultivated, the impacts on the natural environment and also the social welfare and it may be true that the current application is one of the new breed that is healthy industry and that we want to have here in Southold. I don't know that it's not but the current law here appears to be opening the door without any qualifications. So what kind of qualifications might you impose? Perhaps the discussion regarding the size of the operation, correlation to that I agree with that, I think the size should be limited, at least until we see some smaller operations working and we can imagine what can, you know, judge what a large operation would be. But in addition to the gross size, the intensity. The, not just the density, how many shrimp are growing per water volume and surface area but also the intensity being the, how much inputs some of these systems are designed to be fairly self-sustaining and not to have a lot of inputs or outputs. Others require constant inputs of food and th ere are outputs of excrement and pollution etc. I think the use of water, the use of fresh water, and disposal of used water, I don't know if that can be put into the zoning law but I think it would be worth trying. Also the use of drugs. I mean, for example, if we were going to legalize, if farming, agriculture was illegal and we were passing a law to legalize farming, we might consider legalizing only organic farming. Because in the past, some of the farming and maybe in the present there's been some very negative impacts from agriculture and I think that any kind of restriction like that on aquaculture would be immune to any challenge by New York State. If we were protecting our local environment and community. I don't think we have to worry about New York State coming in and overruling us. so, alright, if I may take a quick look here, so interestingly, last year New York Times did an article about how the shrimp are very popular to eat and not enough wild shrimp. The wild shrimp,there's less and less of it. So people are eating shrimp but a lot of it is causing a lot of problems all over the world including in the United States but they put the same outfit that these people mentioned in Indiana as the example of one of the new types of, so you know, if they know so, maybe we should contact this rdm. I really wish the Town Board would just cancel this proposal and try to rework this in a way that would not only enable positive development of new industry in the Town of Southold but prevent negative development of negative industries. Does anyone have any questions? As I say, I don't have you know, a lot of answers for you at this point but if you give us time to come up with answers rather than just present the proposal that in many ways seems attractive but in many other ways seems very dangerous. Thank you. SUPERVISOR RUSSELL: Thank you, Benja. Who else would like to address the Town Board? Bill? Bill Toedter,President, NFEC BILL TOEDTER: Bill Toedeter, North Fork Environmental Council. I will try to be brief and keep it in the more general tone rather than anything specific. Been here 55 years; change is inevitable and you have a tough job dealing with that. I mean, who would have thought you would have a plethora of corn mazes, we would have greenhouses, we have vineyards. All of those 40, 50 years ago were (inaudible). As I said, change is inevitable and I think that what's happened in many cases is we haven't taken enough time to think through everything. To think through all of the issues, plus and minus and to safeguard our communities, safeguard the environment, and make sure we have those in place before other issues get in front of us and Southold Town Board Meeting page'41 September 8, 2015 that's one of the things I would ask the Town Board to do is take the time to think about this. And I think you have, some of the issues in the building that I see, should be self-contained. But why? Many places throughout the world found themselves in the unfortunate situation, whether it's a flood, fire, earthquake, a loss of power, any other situation in aquaculture environment of a release of non-native species into the environment, into streams, into the green system. In England right now their native crawfish are almost wiped out of all the natural streams because of the crawfish operation that unknowingly released crawfish and larvae into a natural stream. We need to safeguard against that. I am not picking on this particular presentation but when I see pacific white shrimp, an alarm bell goes off. It is not native to the area and so when you look at self-contained buildings, I would love the town to go further to make sure that self- containment means that in the event of an emergency, in the event of a broken pump, broken vat, a flooding incident, that the water and the'animals are self-contained within that building and not released into the native environment. I think that's one thing that I am fearful of. the other thing and I think some people spoke to this is we do have water quality issues here and these , operations do use a great deal of water and one of the arguments that I have been making for the last two years is we have both the water quantity and quality issue and we need to make sure that we are balancing these properly, we need to make sure that in the code someplace and in this specific area may not be the place to do it but again, I want you to think ahead to make sure that the discharge of waters, because in this operation it doesn't seem to be an issue but in other farm raised fish operations, it is. From cleaning tanks to replacing pipes and pumps, to doing other operations that we need to look at where that discharge is going, how much discharge is going into the environment? Whether it be in our traditional septic system or hopefully in something a little more high tech as that comes along but I think that's something that the town needs to get in front of before we allow this to get out of hand. I think the other thing, too, in many fish operations, the use of antibiotics is great. Not in the one presented today but in many of them it is a present danger because when you are bringing in masses of fish together in a confined area, once you have disease, itspreads amongst all the fish rather quickly and there is a chance of die off, so that is why antibiotics are used in farm fish areas. Again, we are sitting here as a town, as a county, as an area trying to limit the amount of prescription drugs that are being flushed down our septic systems because they are getting into our groundwater, they are getting into our marine environments and they are changing the habitat. So again, something to look at, something to think about as you are going forward to make sure this doesn't get ahead of us and _ we don't have to do things retroactively because to fix them costs a lot more than to prevent them. Lastly and I am sorry Karen left here because what I would love her and Long Island Farm Bureau is to work with the towns to make up possibly some guidelines around some of the parameters that we are talking about today but also things around such as possible reuse of waste generated by these systems. By reuse of possibly wastewater, if that is safe. By use of (inaudible) and fertilizer, whatever else is a safe reuse of this so we are not looking at adding pressure upon pressure onto the environment. So I think those are the main points that I really wanted to touch on, the last one I think is of concern to me is the size of operations because I believe that it is part of the town preservation code that preserving farmland, part of it is to preserve the fertile ground for farming and agricultural use and if I see a plot of land that is being used for aquaculture that has a large footprint and it is not necessarily protecting the fertile nature of that agricultural nature of that land which is in diminishing supply. I would have'a concern with that, so again, as you look at the operations, as you look at the size of these potentially -J Southold Town Board Meeting page 42 September 8, 2015 looking down the road and safeguard those, I think that would be a wise thing to do so you could get in front of this before it gets too late. SUPERVISOR RUSSELL: Thanks, Bill. I just, one thing I want to clarify for everybody is everybody keeps using mariculture and land based aquaculture as interchangeable terms, they are not. First of all, it's not even clear to the town that this would be considered mariculture which it may or may not be permitted in the marine zones. Mariculture by definition doesn't necessarily include what they want to do and people need to recognize that there are separate segments to aquaculture as a general term, land based being one of them, mariculture being one of them. They are not necessarily the same. George Aldcroft GEORGE ALDCROFT: George Aldcroft again and I wanted to get up because I need to say a couple of things after listening to people talk. First of all and one of the things I did talk a lot because I felt were the Skabry's, the location they were in and how they were feeling but I think another thing that's really, a lot of people in town is that we are watching. I just read a whole article going on with Montauk and how they are so concerned about all of a sudden they have lost their town and I think there's a lot of fear in the people here about losing their town and it's like, oh, we are all for ag, I mean Councilman Ruland, you have been into farming for years, I mean, Parker Dickerson was in farming, you have Sep's in farming, Wesnofske's, you have got people here who grew up here, love the area, they've been on the school boards, they have been on the town boards, they have been in the fire departments and so we had a lot of the feeling for the agriculture and we say we want it here but I think the fear that people are beginning to have here is all of a sudden you begin seeing the people who weren't from out here and all of a sudden you get a vineyard that you say wait, we are supporting agriculture and now look at the problems that you are causing for our town and I think the biggest fear that some people have, your presentation was (inaudible) if everybody was going to do aquaculture that way and protect everything, I think people would have less fear. But the fact is, you see what's going around the country, the people may come in and I am just going to take over and I have got the legal right and I have the right to do this and I have got the money and I am going to do anything I want and you people have to live with this and I think you are caught between a rock and a hard place. The right to farm act was a wonderful, wonderful thing that the farmers needed but it can also be misused by people who don't really care about the community. And so you have a tough job to do. I don't know how you do it all the time but I think that's where some of this is coming from and you say, how do we feel as a Town Board? I can't expect the state, I can't expect the country, what do you do as a Board? How do you protect us and also the residents? How do you best help the residents as well as the industries here so that we all become one unit together. and it's not an easy task, I know you guys work hard. You have got a lot of hard decisions to make all the time and I wanted you to know that but also, you can see sometime where we come from because you get frustrated because you just don't want, you want to make sure that somehow something's not going on that all of a sudden we are stuck into a situation now we can't get out of. Sometime now when you think about Route 48 vineyards or some of the people (inaudible) oh, gee all of a sudden it's not a vineyard anymore. It is becoming a dance hall. It's becoming a place where parties are there all the time. What happened to agriculture? Thank you. SUPERVISOR RUSSELL: Thank you, George. Southold Town Board Meeting page 43 September 8, 2015 COUNCILMAN GHOSIO: I just wanted to refer back to what Bill had said about containment of outside species. It's a point well-made. The accidental or purposeful release of foreign species has become a problem all over the world, including Long Island. We have lakes that have been invaded up west and have lost most of the actual species because of the invasion of foreign species. But in my mind, not having that kind of situation in a land based aquaculture scenario, it is easier to control that and to contain that than it would be say, in a mariculture setting. So, I think it was a great point though. Absolutely. Tom Stevenson, Orient TOM STEVENSON: Hi, Tom Stevenson, Orient. I am a farmer with no skin in the aquaculture game. I am just here to support the Town Board in making it possible for the Gordon's to be at least a test case in this town. Knowing how regulated farming has become, we really need to stay true to promoting it in Southold and I don't know if anybody has gone through the 65 pages of regulations that, I mean, endless regulations. The State of New York, the DEC, I tried to go through it all. Everyone should take a look at it. I am not really worried about shrimps, you know, taking off and running off into the bay where they can't even survive anyway, it's not tropical here. But I think just doing something to get a start and reevaluating is something that the Town Board can always go back and look and see how the, you know, co-changes have been, you know, where it's going and they can always adjust but I would really urge the Board to at least allow an operation such as theirs to start and you know, it's their dream to do it. Try to help their dream at least get a start. And other things, I sort of wish it wasn't just AC zoning but I know that's sort of a compromise. I think you have a good compromise in your proposed legislation, so I just urge you to pass it like that and then take a look at it in a year and see where it's going and you can always adjust it, so that's my advice and thank you. SUPERVISOR RUSSELL: Thank you. Rod Stankewicz,Peconic ROD STANKEWICZ: Rod Stankewicz, Peconic. I wasn't going to get up but the last gentlemen says this would be a good test case and I think really my problem is, I don't want it in my backyard because if this test case doesn't work, will I wake up in the morning and feel like I am on a snack bar selling duck bars. I think that's really a concern of mine. The gentleman from the environmental council talked about the possibilities of leakages, breaks, something like that and that's great that it's in there. I think, look, I am all for whatever we can do for economics in this town because we need businesses. I am just worried about where the location is. Is this your first, is this your first fish farm? SUPERVISOR RUSSELL: In Southold, I believe it would be. MR. STANKEWICZ: They do have other fish farms? SUPERVISOR RUSSELL: Oh, no. No, no. It is not about the specific couple but I have no idea as to whether they own another fish farm or not. MR. STANKEWICZ: I just have had bad luck buying equipment (inaudible) sometimes, being the first one on the block, okay? The gentleman, I agree with him for it, you know, as far as Southold Town Board Meeting page 44 September 8, 2015 farming. I just think that you need to slow down a little bit because I think you need to have some safeguards built in so that there aren't any problems rather than allowing things to go and what happens if this operation is not viable, what sort of closure do we have on the situation if something doesn't work out? Is there something proposed for that, or do they just leave the property there? I thought that after the last meeting we were a little bit dead on this thing and now it's very much revived and it smells like a beach. That's quite vague. You know? It's just my opinion. I had to get up and say because I don't like to be part of a test case, so,thank you. George Viola, Henry's La., Peconic GEORGE VIOLA: My name is George Viola, I am over on Henry's Lane in Peconic. I attended a code committee meeting at the annex building in the early part of the year. Councilwoman Doherty had, at the meeting, had come up with a discussion or tried to have a discussion as to the size of the parcels and she had said something to the effect that the wineries are ten acres, maybe we should have standardized or maybe we should discuss standardizing the parcels for the different segments and I see where now we are talking about seven acres. At the end of that code meeting, there were a couple of staff people from the Planning Board if I remember right and the code committee had asked the Planning Board to come up with an interactive zoning map for the entire town and I am wondering if the seven acres is a result of that map? SUPERVISOR RUSSELL: The reason seven acres was because we wanted to create a lot size that would mitigate impacts on surrounding communities. Ten acres, when the winery code was passed, ten acres in New York State was considered a bona fide agricultural operation. Needed at least ten acres in crop and over $10,000 in sales. That has since changed to seven acres which is why we selected seven acres so it mirrors New York State Ag and Markets law in terms of what is a bona fide agricultural operation. Seven acres or more and then a certain income threshold. MR. VIOLA: Thank you. SUPERVISOR RUSSELL: Sure. Who else would like to address the Town Board on this particular local law? Margaret Skabry, Henry's La.,Peconic MARGARET SKABRY: Good evening, Margaret Skabry. I live in Peconic on Henry's Lane. The first time I came here I was really upset because it was going to go in back of my house and it didn't seem like anybody knew about it. Since then that has changed, supposedly it is not going to be in back of our house anymore, although your lot size could now put it in back if the Town Board decides to change the code for residential. But now the problem has shifted to the other side of the street. Now all the neighbors on the other side of the street have to worry. But here's the problem, the first time I came here it wasn't just because it was in our backyard, it's because it was in anybody's backyard. I don't want to see anybody in this town treated as shabbily as we were being treated. We weren't being represented, we weren't being made aware, you can shake your head, Scott but it's true. It's true, if somebody didn't make a mistake and it didn't hit the local paper, it would have been a done deal by now because nobody would have known about it. It happened to make the headlines, somebody popped something in the Southold Town Board Meeting page 45 September 8, 2015 mailboxes and boom, you have been sitting here chewing turns since then. But the point is, you have all these regulations that the state tells you what to do but this is our land and we have our regulations that said if you want to farm in this town, you have got to do this and every time somebody comes to this town, they should be made aware; that's residential you can't possibly look at that, don't even consider it. It is residential, you can't farm there, you'll have to go to another area. And there has to be consistency. To tell a winery it needs ten acres, five years ago, to tell it they need seven acres now, that's not being fair to them, okay? To tell them now they only need seven acres, it's not being fair to the people who were hoping when they built their houses and paying their mortgage payments, they weren't going to have a winery next to them, just as now, I have to hope that now you are not going to put something else in back of me besides houses because codes get changed all the time, we have codes for a reason, we have rules for a reason, you pass laws here, you pass them for a reason. But we have them already. Just fine tune them and make them equal. It seems like every time we are so anxious to be good people and welcoming people that every time somebody comes here and wants something, we bend over backwards to give it to them. We have to say no. when the people who live here year round, who struggle to raise their families out here and pay their taxes on time, all the time, and go to the polls to vote just like good people like we are told to, when we are treated like second class citizens and we are told our residential neighborhoods can be turned into commercial areas for our neighbors so they can raise a lot of money, when we already have laws on the books for accessory code apartments or renting an apartment or bed and breakfast, and we are not making any profit from our neighbors making a profit, so some of the neighbors are really being treated unfairly and we need uniformity in the town and we need fair treatment in the town and I say you worry about how we get treated first and get the things all in line, why not ten acres for this? Why not make it, it was ten acres for the wineries, why can't it be ten acres for any of these industries? I don't care if its fish or pizza, if it's coming in and they want to use this type of land, that we are supposedly preserving, make them use ten acres and make them stay away from residential areas. There is no reason why we have to be bullied back by the Planning Board (inaudible) come on, make it fair to the people that are here for you. And you are here, supposedly, for us. get together, ten acres, couple of hundred foot setback from a house, if you have got 10 acres, you can do a couple hundred feet, it won't hurt you and if you put something in where it can possibly contaminate the water, do the same thing you do with the multiple housing areas, make them put in a sewage treatment plant. If they can't afford it, maybe they will go upstate by my sister-in-law. That could happen. But just be fair to us and we come first. Not the people that are coming here. Not your potential wealth that you would be drawing to the area. Because what you are doing is you are killing the area that is drawing your potential wealth and you are getting a subculture that is coming in that's only coming to use and abuse the area and leave. I am just asking you, your election is coming up, you know, I am not threatening you but think about why you are up there. It's for us. Of, by and for the people. That's why we are here, you have to hear us. Do it for us and there's room for business. There's room for business but they follow our rules. If you tell a kid don't play on the highway, they have to listen to you or they pay the consequence. Right? If you have the rules and they are for everyone's safety, then they need to be followed and if you have the rules and they are for everyone's benefit, then the people who live here and the people who want to profit here, there's the same rules. They have to follow them and we will welcome them. I have told you that before, we'll probably even support their businesses. But what you are doing now is you have vineyards that Southold Town Board Meeting page 46 September 8, 2015 are killing restaurants and new restaurants are opening and closing, you are having one business fighting another business whether it be bed and breakfast fighting motels, those Airbnb's, rentals or whatever they are,they are all competing and fighting, fighting, fighting. If you have just rules that we have already, and we enforce the rules that we have already and we are fair to the people here first, number one, to the residents, things will be a lot better. There will be a lot less infighting in the town, there will be a lot more support and it will be great to know that we have elected officials that will do that for us. That's all I am hoping you do. I don't really want a fish farm in anybody's backyard, I don't think it's a good neighbor but if you are going to put it somewhere and it be near a residential property, I ask you to make them put in the sewers, make them do everything that you would make somebody you didn't want in the area doing. Or somebody you have been in litigation with and you have been trying to forestall. Make them follow all the hard rules. SEQRA doesn't have a tough enough thing, make sure they follow our rules. That's all I am asking. Just treat us right. We are your money, when they all skip town, we are where your money is for all the things, the police, the school, everything. We are where the money is, not these people that give you a little and take a lot. That's all I am saying. Just don't pass it the way it is. Give it ten acres, give the people the buffer. Give everybody a fair chance. Thank you. SUPERVISOR RUSSELL: Sure. You had suggested a couple of hundred foot setback, we listened and when you suggested that the last time and there is now a couple of hundred foot setback in the code as proposed. It's a 200 foot setback. MS. SKABRY: Not in the Planning Board though. SUPERVISOR RUSSELL: I don't know what that means. MS. SKABRY: Planning Board said on the border of the property, like other businesses. That's what they wanted. Wasn't that just read out tonight? COUNCILMAN DINIZIO: That was their recommendation,the Board is not following it. SUPERVISOR RUSSELL: That was their recommendation. MS. SKABRY: I am glad you liked the places and you visited them and everything else, but you have to understand, we are not all interested in having that near our homes. We may welcome it as a business in an industrial zone but not near our homes. SUPERVISOR RUSSELL: The Planning Board recommendations were rejected because the code as drafted requires a 200 foot setback. But you know, t hose were issues that were raised by you and some others and I know Robert raised some concerns, so we tried to mitigate those impacts with setbacks and lot sizes. This is actually the most restrictive agricultural use that is in this code. MS. SKABRY: It's not enough. You have to give, you have to give everything to the people here to keep them safe, happy and willing to just keep paying whatever we are paying for living Southold Town Board Meeting page 47 September 8, 2015 here. For the quality of life. We have paid a lot. We have paid to keep the land open, we have paid everything. We've been good citizens, you know, we are not out shooting each other usually, you know, please, we are good people and we deserve to be treated better than you were and think of us first before you think of the profits. And set things up nicely for us so that there's no regrets from us for making bad choices as to who is representing us or for you later on saying I should have seen this coming, I should have known that there would have been ramifications of putting a business that close to a home, the traffic or the kid got hit by a truck, you know, it shouldn't have happened. That's all I am saying. But I think from the very beginning, the whole board just saw us really angry because we were angry and I still am and so is John because this was snuck through. You don't think, this is not the first fish farm in Southold, that was just said tonight. They have a business that they are running out of their house right now, so that's the first celestial farm. Thank you. SUPERVISOR RUSSELL: Chris? Chris Baiz, Chairman Agricultural Advisory Committee CHRIS BAIZ: Good evening, Chris Baiz of Southold. I am also a member of the Agricultural Advisory Committee. We have met on a number of occasions with the Board concerning agriculture in the Town of Southold. We are in favor of the present legislation and ask that the Board support it with their vote as quickly as possible, I think, again, what I hear tonight in many respects are anxieties of the unknown. When you get on an airplane and are asked to sit in the passenger section, you always have an anxiety because you don't know who the pilot is up in the cockpit. The pilot in the cockpit is the person who knows how to fly the plane and in this instance, when we have a third of our lands here in the Town of Southold tied up in agriculture and the people want to keep it in agriculture, it has to be economically viable agriculture. Our costs here, not just operating costs but our land costs according to the folks in Washington at the US Department of Agriculture realize that the eastern five towns of the Suffolk County have the most expensive farmlands to operate on in the United States. And that means that we have to have a graduation as we have experienced over the last 60 years out of potatoes and other row crops of low priced product to higher value added products or something as an example, with the Gordons shrimp project, it has a very limited market, it is not going to burgeon out here because you don't have enough restaurants that will buy the product because they don't serve entrees at the price points that would support something like this. They might have 10 to 20 restaurants here in eastern Suffolk that could be buyers of their product and so again, our issue here is agriculture as one constant and that constant is change. My grandfather farmed potatoes here, he would fall over laughing if he saw that his farm was now a vineyard and winery. He would just, I can't imagine what he would think of it. The next step is how to better utilize our land. We have to use more intensive techniques and methods in order to sustain the costs an acre of farmland today at $100,000 for a purchase price would have a mortgage on it of$7,500 for that acre. You cannot go out and farm out an acre of potatoes and receive $3,500 gross revenues and expect to be in business by the end of the year. And so, when we have opportunities like this, I mean, I can't imagine what the town said back in 1973 when the Hargraves came to town and said we are going to plant wine grapes. But in five nanoseconds, I knew my family was going to be out of potatoes and into wine grapes as the new crop. And that example,just a crop of wine grapes yields you no more revenue than a crop of potatoes but it is the ultimate value added. In the case of the Gordons with their agricultural product, their product is of value to a certain tier Southold Town Board Meeting page 48 September 8, 2015 of restaurants that will buy their product and it is limited to that tier, so it's not like you are going to have 100 shrimp farms in the Town of Southold because there just aren't enough restaurants to support that. The other issue is a little bit of some of the misinformation or lack of information in terms of the way a facility would operate. I spend some time with the Gordon's over the weekend, to charge their facility and fill'all their tanks would take about 120,000 gallons of Atlantic sea water. It would be filtered before it would be put in those tanks and as we got into discussing that, I asked them, well what about losses? And they said the only losses are due to evaporation because we,are running the system at 86 degrees Fahrenheit in order to support the shrimp crop in the tanks. And so the makeup is water, if you will, is only a few thousand gallons a year to sustain it, there is no release of water and purging the tanks or whatever. The backside of that is that the average annual consumption by the average house in the Town of Southold going into the septic system is about 140,000 gallons a year. and if you multiply that by the 12,000 domiciles in the Town of Southold, I mean, there's your issue, it's not with agriculture at this point and I think what the Gordon's have here is an excellent example of the first in the town so to speak with what the town perceives as a new crop but has done as a regular course of business in many other places and I just sort of confounded and surprised on the one hand that we have been working on this now for over a year and I am told that another group is starting an operation along the Hudson River and they started after the Gordon's and they are, what state are they in? What state of completion? They are done. They are selling shrimp while we sit here and try to figure it out. Again, some of the issues raised here tonight or the fears and anxieties are in the extreme, we don't think that that's what agriculture is about here. People in agriculture try to protect their land, they know how important that land is to them because it is what gives them their living and what allows them to survive and let's just get this done. That's what we ask of all of you. Thanks so much. SUPERVISOR RUSSELL: Thank you, Chris. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwartz, I,would just like to, with all due respect, the previous speakers introduction was a little confusing, he said he might be a member of the Agricultural Advisory Committee. It is my understanding that he is the chairperson of the Agricultural Advisory Committee. I think that, was he speaking on behalf of the Agricultural Advisory Committee or was it his personal opinion? Impossible to tell from what he said. With all due respect, and there are 1-2 or 13 members of the Agricultural Advisory Committee, I think if we are afraid of the unknown, maybe it's the Agricultural Advisory Committee which when I go on the website, they are the first committee on the webpage but when.I try to look at what they have been doing and see what they are into, I see that they were formed in 1992. Councilman Lizewski was on the Town Board and that's all they have is the minutes of the 1992 Town Board meeting which said we want,them to advise us to support the agricultural industry. I think we need to do a little more than that in town, I personally have worked with agricultural operations, creating community supported agriculture programs etc. There's a lot we can do but we are not afraid only of what we don't know, we are also afraid of what we do know about aquacultural operations around the world. If we want to do this faster then maybe there's a way to do it but I don't think we want to do this without due safeguards and protections. Thank you. Southold Town Board Meeting page 49 September 8, 2015 SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular local law? Nancy Sawastnyowicz, Cutchogue NANCY SAWASTYNOWICZ: Good evening. Nancy Sawastynowicz of Cutchogue. I am opposed to the proposed changes permitting land based aquaculture operations in the AC, agricultural conservation. Tax payers have invested an amazing amount of money to preserve our open spaces, farmland and the wonderful vistas the north fork has to offer. Upland fish factories throughout our AC districts does;not fit into the zoning and should not be changed. I, for one, would not like to be near, have it near my home. It is not an agricultural business. We the people do not pour all the money into putting fish factories, fish processing plants on our open space. I question the amount of water usage, the amount of waste the factory will generate, the smell and the large buildings needed'for the operation. And our existing code presently restricts aquaculture to the M-II marine districts, if the fish factories can't fit into that zone then don't build here. The north fork has been found, this past summer was proof of that. You the Town Board have to protect the people that live here and love the north fork. Our aquifer is under enough pressure now. At least seven acres is not enough. I would say it has to be 10 acres. Two hundred feet from homes is not enough, I would, oh, how is the town going to enforce complaints from homeowners who would have to be the neighbors of the huge fish factories? It is not what the north fork needs. I go crazy ever weekend when the weekenders across the street from me leave their floodlights on. I can't even imagine a huge fish factory with all the lights, the smells, the trucks going in and out. It's just a huge impact and I really would like this town to take time and not, I don't care how long it takes. We have to protect what we have. It's been found, we have, I mean, you really need to take time in this. If they don't like that, let them go build it somewhere else. My family has been here for 100 years and I don't ever throw that around, I mean, big deal. I care what we have going for what people live here now and it's important and it's a tough job you have to do and I really think you should think about it. Thank you. SUPERVISOR RUSSELL: Just for clarification, we are not proposing a fish processing factories in AC zones. They are still not permitted whether this legislation is adopted or not. Can I have them go and you go after John? Todd Gordon, Celestial Shrimp TODD GORDON: I just have one question. How long do I have to live in this town before... SUPERVISOR RUSSELL: You are an 'us'? MR. GORDON: Huh? SUPERVISOR RUSSELL: Before you are considered one of us? MR. GORDON: Yeah. Inaudible. I mean, we have been here for 11 years. We are not outsiders, we moved here because we love it here. That's what I want to know. SUPERVISOR RUSSELL: Okay, John? Southold Town Board Meeting page 50 September 8, 2015 John Skabry MR. SKABRY: I would like to straighten out a couple of things. First of all, the fanner from Orient said there weren't shrimp here, I used to dredge for shrimp all the time. it was the chum that I used for bass fishing. Salt water bass fishing. So we do have shrimp here, as a matter of fact, the DEC, I forgot what the shrimp are, you are not permitted to bring them into this state because they could take over the natural shrimp and it is part of our chain of life. As Mr. Toedter had said from the North Fork Environmental Council, they could contaminate the, they could take over, I mean, they don't have to just take over the shrimp, they could just, if they get into the, and by the way this was in Peconic where I used to dredge for them. You pull a seine along the bank, it's as easy as can be. And that's where the fish farm wants to be. In Peconic. But they don't have to take over the shrimp, the shrimp can still survive but if they take over, you know what'I am talking about Mr. Ghosio, if they take over what the native species is eating, then the native species dies and that whole chain of life is disturbed. The little fish eat the big fish. As far as the Atlantic sea water, the gentleman there, Mr. Baiz from the Agricultural Advisory Committee, he said that they would be using 120,000 gallons of Atlantic sea water. How do they get that sea water to Indiana? Or to Hudson New York? They truck 120,000 gallons.... SUPERVISOR RUSSELL: I don't know what they are using in those states. The proposal here was what they intend on using. I don't know how other operations, their source of water or anything else. MR. SKABRY: The ones that I talked to said that they cannot use the local water. They have to use fresh water and then add salt to it, to keep the salinity at the right level. So we are talking maybe some people that are going to establish a fish factory that are going to use recycle system but then maybe somebody will come along and it's going to be a freshwater fish factory and it doesn't pay me to recycle my water, so I'll just dump it into the main drain and pump more water out of the ground. So we are talking 120,000 gallons of Hudson River, but I talked to t hem and they don't use Atlantic sea water. What does Mr. Baiz have up his sleeve? Here's a letter,this is a person that wrote on our stationary, on our town stationary, if I can read from it. From the Southold Town Agriculture Advisory Committee, town board liaison, January 8, 2015, 'Mr. Scott Russell Supervisor and Members of the Town Board, (I don't know why this wasn't written into the record, it was written to the Town Board regarding aquaculture so I would like to see you get a copy of it and have this read off) COUNCILMAN GHOSIO: I don't think that would have been put into this record because the proposed law wasn't in existence back in January. MR. SKABRY: Okay. COUNCILMAN GHOSIO: And the letters that are in this pertain to the law.... MR. SKABRY: Could I enter it? COUNCILMAN DINIZIO: You are right now. Southold Town Board Meeting page 51 September 8, 2015 MR. SKABRY: Okay. 'The face of agriculture is changing very rapidly, especially here in the Town of Southold. The one constant in agriculture is change as it continues to reach economic viability. (I am not going to read the whole thing but it has to do with, because time is of the essence here it seems like) unequivocally the land based shrimp crop lending greenhouse technology and fishery tank technology is fully found bona fide agriculture. While this is the first application to raise shrimp in Southold, this blended technology is practiced and used throughout the world. More than 90 percent of all fish, shellfish, crustacean and finfish consumed in the world is now farmed and 2014 was the first year in which the fish farm harvest of the world exceeded by weight all meat production. Additionally by code, agriculture is allowed in all zones. From R-40, R-80 and on up to AC in the Town of Southold. To selectively restrict certain agricultural crops from one or more of these zones would be construed as unreasonably restrictive. So you know where they are going. Once this camels nose is under the tent, it's all over. Because they are going to go to the Farm and Markets department in Albany... SUPERVISOR RUSSELL: But you suggested they go in the Industrial zones. Wouldn't that be the same dilemma? MR. SKABRY: No, because I told you already Industrial zones will have no effect on residential residences but the AC zone will. SUPERVISOR RUSSELL: But couldn't they go to the same Ag and Markets and say limiting it to the Industrial zones is too restrictive? I mean, wouldn't that be the same thing? MR. SKABRY: We already know what they are going to do but do you want me to speculate on what they are going to do? I was reading you the letter.... SUPERVISOR RUSSELL: Nose under the camels tent pertains to the Industrial zones as much as just as much as Agriculture zones. MR. SKABRY: Likewise the use of farmland preservation funds to restrict a parcel of land from being used in agriculture is contradictory. So their target is farmland preservation land which us taxpayers happen to have paid for. Respectfully on behalf of the Agricultural Advisory Committee. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? (No response) This public hearing was Tabled at 9:29 PM Closing comments Supervisor Russell SUPERVISOR RUSSELL: Okay, that concludes the formal meeting and the agenda, I would invite anybody now that would like to address the Town Board on any issue to please feel free. Southold Town Board Meeting page 52 September 8, 2015 Anne Surchin,Bd. Directors N.F. Audubon ANNE SURCHIN: Anne Surchin, I am on the board of directors of the North Fork Audubon Society and we just want to repeat our position with regard to the proposed plastic bag ban. We have, I have with us here a petition with over 1,000 signatures from Southold residents for our petition for single use plastic bag ban in Southold Town. And there's also another 184 signatures which were from change.org. There's just a printout. I have two copies of the signatures and these are the originals. SUPERVISOR RUSSELL: You can give us copies, that's okay. Whichever is easier for you. We will accept either. MS. SURCHIN: Okay. So that's point number one. At the July 2014 public forum there was unanimous support for the dozens of speakers, from dozens of speakers for eliminating single use plastic bags in Southold. East Hampton Town, Southampton Town and Patchogue Village have all initiated single use plastic bag bans this year. Lastly, the ban would not include produce bags, bags at meat counters at grocery stores and would not include butcher shops, fish markets and farmstands. A few factoids, I think almost everybody here knows some of the facts but the amount of plastic waste in this world is really frightening, over one trillion plastic bags are used every year worldwide. This is from the earth policy institute. China, a country of 1.3 billion consumes 3 billion plastic bags daily according to China trade news. Only one of the two plastic bags in the UK are recycled, that's from the BBC. Americans use and throw away 100 billion plastic bags every year which requires 12 million barrels of oil per year to manufacture, source, the Wall Street Journal. And really, why are they bad? Because scientists estimate that every square mile of ocean contains approximately 46,000 pieces of plastic floating in it. That's the United Nations environmental program. A single plastic bag can take up to 500 years or more to degrade. That's measuring biodegradability, science learn.org. And it goes on, I mean, they are just here forever. They are coating the bottom of the oceans, etc. The US goes through 100 billion shopping bags annually and the estimated cost to retailers is $4 billion. That's the Wall Street Journal. The extremely slow decomposition rate of plastic bags leaves them to drift on the ocean for untold years and according to the (inaudible) and Marine foundation, these plastic bags cause the death of many marine animals. Fish, sea turtles, every year when animals mistake them for food. when plastic bags break down, they don't biodegrade, they photodegrade. This means the materials break down to similar fragments which readily soak up toxins. They then contaminate soil, waterways and animals upon digestion. That's earth 911. Ten percent of the- plastic produced every year worldwide winds up in the ocean. Seventy percent of which finds its way to the ocean floor where it will likely, never degrade. That's from the United Nations. So what's the solution? It's not a plastic bag ban, which is an emotional response which fails to strike at the heart of the issue, instead of a market based solution, a ban shifts production to paper bags and compostable bags, both of which have heavy environmental consequences. The solution is not switching to paper bags or compostable bags. A study of the life cycle of three types of disposable bags, single-use plastic, paper and compostable plastic bags, showed that both compostable plastic and paper bags require more material per bag in the manufacturing process. This means higher consumption;of raw materials in the manufacture of the bags and greater energy in bag manufacturing and greater fuel use in the transport of the finished product. The added requirements of manufacturing energy and transport for the compostable and paper Southold Town Board Meeting page 53 September 8, 2015 bag systems far exceed the raw material use in the standard plastic bag system. From a peer reviewed Boustead Consulting report. Reusit.com supports a multi-pronged approach that discourages the distribution of plastic bags with a tax and a cultural shift away from use and toss plastic bags. And this is really the primary issue. We are at a threshold here and we can make a smart decision and just reuse reusable bags. For example, when you go to New Jersey, when you go to any of the Shop Rites and you bring in reusable bags instead of taking their plastic bags, they just take 2 cents off the bill for every reusable bag that you bring into the market for your groceries. So there are things we could do. I think the fact that the other townships have adopted this law that you know, we have so many environmental hazards because of it, I think it would be a very progressive thing for this town to do, I don't see a downside. There are some people that might complain that, well, I use those plastic bags for other things but I think we have to look at the greater good of the environment and so North Fork Audubon really hopes that you will ban the bags and encourage reusable bags in Southold township. Thank you. SUPERVISOR RUSSELL: Thank you very much. Eric McClure,Westview Drive Mattituck ERIC MCCLURE: Good evening. my name is Eric McClure, I am a resident of Westview Drive in Mattituck and I am here to ask for the Board's help in dealing with what has become an intractable and worsening noise issue with Pace's Dockside restaurant and Strong's Marina, the waterside marina on Long Creek. I am here on behalf of my neighbors, we were here a couple of weeks ago to meet with the Supervisor and I will commend him on listening very intently, granting us a good deal of his time and making some helpful suggestions but since that time, the problem has only gotten worse. We have been subjected now for seven of the last eleven days to live music events coming from either Strong's or Paces Dockside restaurant. Last night, or sorry, Sunday night when according to my reading of the town code, they are by code supposed to lower the volume to 50 decibels or less by 7:00 PM. They continued to play well past 9:00. I took readings on about a dozen different occasions, from 6:06 PM to 8:49 PM, they were all well into the 70 decibel ranges. I called the police at 6:00 because they were at 70 decibels. An officer came, he didn't have the town's noise meter. I asked if he would come back with a sergeant at 7:00 because the previous Sunday they had also gone on to 8:00 at night. Never got another visit, so I assume they did not take a reading but they virtually would have been guaranteed to find Pace's in violation of town code in a significantly enough reasonable level where they could write a citation, which to my knowledge has not been done at all, all year. And I know I have called the police probably every weekend on more than one occasion because of the noise. My neighbors have done the same. My next door neighbors are well into their 80's, Jerry is confined to a wheelchair, June is his caretaker. They close up all their windows on the weekends or at night or in the afternoon when the music is playing and they really can't escape it. we at least are mobile and able to get out of the house if we want to but by the same token, we don't want to be forced from our homes by the noise. I don't think it was ever the intent by the town that there would be what's essentially a live concert venue and nightclub being run at Pace's, in addition to the special events that have been granted to Strong's Water club where they are not even subject to the town code on noise but I, so I am here asking for your help, it needs to change. It's really unbearable to have to close your windows, every window in the house and still hear the thump of bass and the high notes coming through the windows for four or five hours on Saturday on Sunday, on Friday night. last week we had Thursday, Friday, Southold Town Board Meeting page 54 September 8, 2015 Saturday and Sunday live events, this week we had Friday, Saturday, Sunday and it's like this every weekend. And then we are really kind of at our wit's end now and kind of begging the town to help us. SUPERVISOR RUSSELL: I will certainly, if you are interested, have yourself and a group of your neighbors meet with the Chief and myself. At some point, later this week, we will talk. I know we had gone out subsequent to my meeting with your group and they did run the meters twice and both occasions it was compliant with the noise code. But I understand that noise fluctuates, so we need to take more readings, no doubt. MR. MCCLURE: It does, the creek, as I am sure you know, water is a conductor of sound, so it may be even louder in our yards than it is across the water at the club. The readings I took on Sunday night were all from my door, not even 100 feet away from the property line. A sergeant was there a couple of weeks ago, he was, all the police officers have been very kind and courteous but it hasn't changed anything, and when the sergeant was there two weeks ago, we compared noise meters because I bought a decibel meter, I am about one decibel higher but certainly very much where he would say he would write a citation. SUPERVISOR RUSSELL: We will meet with the Chief a little later this week, we'll come up with a mutually agreeable plan. MR. MCCLURE: Thank you very much. Laura Klahre LAURA KLARHE: Hi, my name is Laura Klarhe. My husband, Adam Suprenant and I own Blossom Meadow Farm. We just want to say we are fully in support of the plastic bag ban. At our tasting room, you can pipe in if you want,too. Adam Suprenant ADAM SUPRENANT: Yes, Adam Suprenant from Southold,New York. I do have a voice and I would like to say we use reusable wine totes in our tasting room and paper bags that are recycled and we feel it is not a burden and that there's just no downside to passing this legislation. Thank you. MS. KLARHE: Yes and a lot of people bring their own reusable bags in and some even just carry out the bottles because they forgot their bag in the car, so definitely no downside and we are in full support. Thank you. SUPERVISOR RUSSELL: Thank you. George Aldcroft GEORGE ALDCROFT: Inaudible. David Markel, Southold Southold Town Board Meeting page 55 September 8, 2015 DAVID MARKEL: David Markel from Southold. I am a little confused, Scott. I was inY our office about a couple weeks ago and you told me that there was no ban on plastic bags in the • Town of Southampton and the Town of East Hampton but this lady just said that there is. SUPERVISOR RUSSELL: I believe that Southampton just recently passed it, yes. MR. MARKEL: In the last week or two? Is that why you didn't know about it? SUPERVISOR RUSSELL: I thought it was a few weeks ago, it was a lot longer than that, Dave. MR. MARKEL: I think it has been months. • SUPERVISOR RUSSELL: But my understanding was.... • MR. MARKEL: You weren't aware of it because you haven't been in contact with those towns or you just forgot? SUPERVISOR RUSSELL: No, Southampton actually voted and defeated it and then they brought it up for another vote and it passed the next time. MR. MARKEL: You weren't aware of it when we spoke a couple of weeks ago. SUPERVISOR RUSSELL: It was just recently that they actually and ultimately passed it. MR. MARKEL: You don't keep up with the events of the other towns? Because I know you were concerned about everybody doing it because it wouldn't be fair to the competition in the town if the IGA had to use, they couldn't use plastic bags. They are not making enough money, they would close the place and then everyone could go shop in Riverhead. That was one of the arguments that was put forward at the informal public hearing that was held last year. SUPERVISOR RUSSELL: You are adding, what this ban would do would be adding to the operational costs of local businesses, not just IGA's but all of them at a time where Riverhead is unwilling to do that. MR. MARKEL: So we are going to have a mass exodus of people going to shop in Riverhead, it is going to be cost effective for them to go to Riverhead because Riverhead still has plastic bags but Southold doesn't. SUPERVISOR RUSSELL: They are not going to go to Riverhead because they have plastic bags, they are already going to Riverhead for cheaper prices. MR. MARKEL: Already? SUPERVISOR RUSSELL: And more for cheaper prices... MR. MARKEL: So the economy is suffering, the economy is suffering out here... Southold Town Board Meeting page 56 September 8, 2015 SUPERVISOR RUSSELL: You asked me a question, I am trying to answer it. Anything you do... MR. MARKEL: Well then, answer it. SUPERVISOR RUSSELL: Anything you do that's going to exacerbate that problem because you are spiking their costs while others don't have to, it's not a level playing field and we have to be very cognizant of the difficulties... - MR. MARKEL: What businesses are going to suffer? SUPERVISOR RUSSELL: Well, many of them. MR. MARKEL: What one? Name one. SUPERVISOR RUSSELL: I can tell you the 7-11 in Southold... MR. MARKEL: 7-11. People are going to go to Riverhead in order to get 7-11 coffee because they can't get a plastic bag at the 7-11? SUPERVISOR RUSSELL: They are not going to Riverhead to get plastic bags, what I am suggesting is.... MR. MARKEL: That's what I am saying. SUPERVISOR RUSSELL: The local businesses will have increased operational costs. MR. MARKEL: That's what I am saying. That's what I am saying. It's a plastic bag issue. It's not an issue of operational costs, they are not making enough profit so they'll close the 7-11, they'll close the IGA. About a year ago, the Town Board held an informal public hearing to get feedback on a ban on single use plastic carryout bags. Before the meeting, I was trying to get my head around what an informal public hearing would be. After the meeting, I knew. It was a meeting where 100 percent of the public speaks in favor of an issue and the Supervisor says after the meeting, we will get back to you after we talk to the people who did not care or bother to show up tonight. The business people. And we studied the issue until the public, you didn't say this but I read into it, to show up and we studied the issue until the public forgets about the issue and we do nothing. Well, here we are, a year later and you have before you a petition with well over 1,000 petitions. You might remember I brought you 100 also before. SUPERVISOR RUSSELL: Yes. MR. MARKEL: Signed by your fellow citizens, saying we want you to stand up for the environment. We want you, the Town Board, to ban the single use plastic carryout bags. To me this is a watershed issue. It says where you stand on the environment. Does one support a cleaner, less polluted environment or does one support the corporations and businesses whose Southold Town Board Meeting page 57 September 8, 2015 tunnel vision puts people above politics? Now, I know the fact that you have those signatures and petitions in front of you and there's an election coming up, people vote Republican, they are going to keep voting Republican, I don't see any Democrats here tonight supporting this issue. It's not a political issue. It's an issue of doing what's right. Please, consider that. Thank you. SUPERVISOR RUSSELL: Thank you. I will say that the amount of work that went into this is astonishing, how much work you have done to gather these signatures: It is really impressive. I just saw this for the first time tonight, this complete list but I have to tell you, the amount of , work you put into this is very impressive to me. That's a deep commitment on your part. Bill Toedter, NFEC BILL TOEDTER: Bill Toedter with the North Fork Environmental Council, speaking on the bag issue also. You know our stand as we have said to you, written you letters before. It's funny that this discussion takes place after we talk about aquaculture. One of the things that has been document over the last year is that because of the photo degradation of these plastic bags, those small bits are now being absorbed by filter feeders. Oysters, clams, plankton. Go around anywhere in Southold today, you can go to any vineyard, you can go to White's bait station in Greenport, you can go to any restaurant, what's boldly put in front of all those restaurant signs is local oysters. Oysters, oysters. And so for not only_the health of the environment but the health of our residents too, this is a major issue, the amount of petroleum based residue being found in humans from consuming fish and other items from the environment from degradation of petroleum based products such as plastic bags is on the rise. And it is scary. One of the things I know the Town Board is very favorable, in favor of is looking at things in a business sense. Looking at things in dollars and cents. I know of at least one town wide call if not two from the Transfer Station and from waste management area saying plastic bags need to be stopped from being used for containers of trash because they are fouling up our single stream process. They are fouling up the machinery. Places in Michigan, Minnesota, California, municipalities have spent over a million dollars each preparing their machinery and making up for lost productivity because of the plastic bag issue. One thing I would like to correct and applaud the town on, it was said again in different context tonight, I do put faith in the town, I do put faith in the town because 30 years before the federal government banned the use of Temik, this town, Riverhead, went to the county and said we need to stop the use of this and did., That's what this town should be doing, you should be a leader on this issue, we should be going out and not saying we are waiting for Riverhead, we are waiting for other people, let's go out in front and if by going out in front we can now get the county to put a ban, great. And that's what's happening as was said a little earlier, Patchogue Village signed up and done, East Hampton town, after East Hampton Village, signed and done. Southampton Town after Southampton Village signed and done. I have a commitment from Brookhaven to talk to them about this in November. Port Jefferson Village on the cusp at looking at this and considering a ban. The pressure is there, the momentum is there and Southold shouldn't be lagging behind, we should be out in front of this and saying look, let's do the right thing for the environment. I would also ask you to go to those places such as Southampton Village and I am sorry Peter couldn't be here tonight but he is out of the country, he would have if he could, and he will tell you that the same arguments that you are hearing from businesses today are the same arguments that Southampton Village and Southampton Town heard before and from their data, in the Village because the ban has been in place for over two years now I believe, arguments you have been hearing about I have to stock Southold Town Board Meeting page 58 September 8, 2015 up on paper bags, it takes more room and it costs more to produce, they have been seeing that over a three month period of time, the use of paper bags disappear because people are going to the reusable bags. So it's a short term blip on the radar. But the long term effects on the environment, on the economy in terms of repairs to town infrastructure are great and I would really ask you to consider not only those about those thousand signatures or more but really look at what the data is across the east end and why others are going to this and why we are not. Thank you. SUPERVISOR RUSSELL: Everything well said, Bill. I appreciate it. Diane Van Buren, Greenport DIANA VANBUREN: My name is Diana VanBuren, I live in Greenport and I am part of the North Fork Audubon Society. I wasn't going to speak tonight but I just wanted to say, to me the fact that we have the most shoreline in New York State, we are surrounded by water and that we are not leaders on this, I don't understand it. I don't understand it partly because of the economic aspect which is tourism, we know whether we like it or not, that is a big part of our economy and when people come to our beaches and they see plastic bags or even along our roadsides and they see plastic bags, what kind of message does that send? It's not a good one. And speaking of the roadsides that way, you know, when it used to be paper and cardboard and other and even glass, the roadsides didn't look that bad because it would eventually decompose. But that's not the case now, everything is plastic, so when the guys go and mow, is they don't go and pick up the trash first which many don't and then you see mowed glass with chopped up plastic in it. why mow then? I mean, we should be reconsidering our mowing policy anyway for a lot of other reasons which I will go into another time but its, plastic bags are a big part of that, too. So, it's water, roadsides, tourism, visual blight as well as health concerns for humans and for the rest of the web of life. Thank you. SUPERVISOR RUSSELL: Thank you. Father Constantine Makrinos,Mattituck FATHER CONSTANTINE MAKRINOS: Father Constantine Makrinos, Transfiguration Greek Orthodox Church in Mattituck. I have two issues. I have been living here for six years, the one main issue is why don't we have that much lighting in our city? Not only in Mattituck but all around Long Island? Why is that issue? I have older people that go to church and we fought to get one main light that we have outside of the church but I think we need more lighting. Is it, I think an economical issue? Is that what it is? SUPERVISOR RUSSELL: It is several issues but yes, economic is certainly, we are actually trying to either convert lighting to LED or eliminate lighting where it is not needed. You need to understand the history of lighting here, in many instances, we have street lights where they are just simply not needed but they were put in probably years ago by what was LILCO to justify the, you know, to justify the metering up to that subdivision on the north of the road, they needed to justify the cost by sticking the town with the electric costs of putting the lights in. you know, I have street lights illuminating sod farms and the public paying quite a bit of money to have that done, so we are trying to reevaluate that as we go. And I understand people's comfort level with street lighting, we are trying to balance out that with certainly a compelling.... Southold Town Board Meeting page 59 September 8, 2015 FATHER MAKRINOS: Sometimes we have night services and I have a lot of old people and they can't come because it's not lighted outside the church except that one big light that I fought for. And they did finally put up, we need another light there also, to light the church. Another issue that has been bothering me since the time of the accident with Depot Lane. I think that the vineyards should be more policed. That's what I feel. So to avoid all these problems. That's all that I have today. SUPERVISOR RUSSELL: You may be interested in discussing the lighting, you said that you needed more there, you can come see me anytime. FATHER MAKRINOS: Thank you. Nancy Sawastnyowicz NANCY SAWASTYNOWICZ: Nancy Sawastynowicz of Cutchogue. Well, I have had this bag for 30 years, maybe 35. I make every day Earth Day, this bag saves a tree. And that's from the North Fork Environmental Council and I have used it, they used to call me the bag lady. I have many of them at home and I have used it for, you know, 35 years. I have never gotten sick by reusing my bag, I was just going to say, occasionally I wash it and somehow even though I bring them every time to the supermarket, I still generate plastic and I think it's a concern for the marine life, the turtles eat jellyfish and they are eating the plastic and they are becoming endangered and I really feel like you guys could start a real environmental point by saying no more plastic in this town and its held up that long. Thank you. SUPERVISOR RUSSELL: Thank you. Ann Marie,New Suffolk ANNA MARIE (INAUDIBLE): Anna Marie (Inaudible) New Suffolk. I know everything is probably been said about the plastic bags but I kayaked over to Robins Island on Sunday and the problem is these one-time use plastic bags is that they get airborne so easily and not only it's not people littering on purpose necessarily while I was kayaking I saw three of these bags, balloon like floating, I did not go after them because there was so much motorized traffic, I didn't feel it was safe but those bags have gone down to the bottom by now and it is beautiful here, people come for it. I moved here too, for work at the time not for the beauty but I still would like to do everything to preserve it and I have lived in many places in the world where plastic bags are lifesavers, honestly. If you go to the Amazon, really, really deep down on a non-touristy type trip, that's what they want. They don't want your first aid kit, they want your zip lock bags and there is a place for plastic in this world but not for these one-time use ones. I think we are more advanced as a society that we can do without them. Thank you for taking this under consideration. SUPERVISOR RUSSELL: Thank you. Heather Cusak HEATHER CUSACK: Hi, Heather Cusack. I just would like to say thank you for considering banning the bag, the plastic bags and like Anne Marie said, most everything has been said Southold Town Board Meeting page 60 September 8, 2015 already but I just want to say I have been using reusable bags for years and it's an easy habit to acquire. When I shop I bring my bag and my wallet and there are many towns and cities and whole countries that have banned these bags. The Audubon Society showed a film called 'Bag It' a few years ago and if you are thinking about this, I really would suggest that you watch that movie because it's entertaining but it's also, it just really hits you when you see all those statistics and I think it would be really exciting for Southold to be a leader in this and I don't think it would be a problem, I know you have concerns. I think actually it would save them money because then they wouldn't have to buy all those plastic bags and people would just get in the habit and it would be a great opportunity for local groups to maybe make bags or decorate bags or sell bags or whatever, I wanted to show you, this is kind of a cute one that was given out at an organic farming conference I went to this winter but it's kind of cute. Just a little bag and you put your key chain here, I mean, there's so many I am sure you have seen them but it could be like a local business, people making bags but this one opens up and I can put like, all my groceries in there. And that's, you know, that's the string bag. You just kind of put a bunch of apples in. My friends' daughter makes these bags and they are like more like if you want to get a bunch of peas or string beans, I don't know. But anyway, they are made from organic cotton. So also, what's good for the environment is good for us because we are learning all this stuff about phytoestrogens in plastics, so really, do we want to put our food in plastic bags? Not really. So by doing this, you are educating the public and you are telling them what's good for them and what's good for us and I know some of you Jill and Bob really know quite a bit about the environment and have been leaders in that, so just want to thank you for considering this and hope you do it, I think that the young people in Southold would really learn quite a bit from it, it's just like the tip of the iceberg. It's like, you know, the plastic water bottle thing, a lot of people you see them walking around with these fancy water bottles that are made of glass because it's healthier. And thank you for considering. SUPERVISOR RUSSELL: Thank you. COUNCILMAN GHOSIO: I think it's interesting, that you said that it's an easy habit to pick up. I have got at least two dozen reusable bags in my cars and for some reason, I walk into a 7- 11, I find myself not bringing a bag or the IGA. Tess Gordon TESS GORDON: Hi, I am Tess Gordon. I too am a bag toting woman known as the bag lady. I must have at least 30 of them. It's almost a little addiction. They come in handy,they have never hurt anybody. They may look a little ratty over time but they save me in a pinch from many other things. From rushing my kid off to scouts or doing whatever it might be, plastic bags just can't do that and (inaudible) the other thing is, with the pollution that is out there, it is the main cause of why we want to go into this shrimp business. It's healthier to do what we are doing, for the environment. For everything. So, the bags are a big issue, the other thing that have been dumped into our seas is a gigantic issue, intentionally and unintentionally (inaudible) the BP oil spill, all of these things are the environmental degradation that's happening in our environment. And plastic bags are a piece of it, so I applaud that you are going this way. Thank you. SUPERVISOR RUSSELL: Thank you. Southold Town Board Meeting page 61 September 8, 2015 Benja Schwartz BENJA SCHWARTZ: I promise I will be very brief. Benja Schwartz. This little one here, I just got it recently because I like the way it looks and then I have this other one that I always forget but I figure, it's one of those bags that unfolds. I figure if I put it onto this one (inaudible) but even when I don't remember, I just put the stuff in the shopping cart and take it out to the car and put it in the bags there. we're talking about single use plastic bags, where can you find such things? Well, whenever I need, whenever I am on the beach and I am looking for something to put shells or whatever in, there's always bags there on the beach. When I go to the Town of Southold transfer station to pick up mulch, the wonderful mulch that is created from the leaves that are composted into such a great product to help us grow, I find myself with a shovel and picking out bits of plastic out of the mulch. Anyway, to make a long story short, is there anyone on this Town Board who is willing to consider a ban? Okay, what is it going to take to get a law drafted and hold a formal public hearing? Can we do that? doesn't mean we have to approve it but put it out there. I believe that many businesses in town will come and speak in favor and describe the potential benefits of such a ban, not only the costs. I think the costs that have been presented are exaggerated and we really have a lot of positive people here but we have to learn when they try to push the plastic bags on us at the store, happens to me all the time, it takes practice but you just have to learn to say no to those single use plastic bags. SUPERVISOR RUSSELL: Thank you, Benja. Linda Goldsmith, East Marion LINDA GOLDSMITH: Hi, Linda Goldsmith, East Marion. I am not so sure the merchants wouldn't embrace a ban. When I was in the IGA about six months ago, if you bought $20 worth of groceries, they gave you a reusable bag. So they were giving away the reusable bags in the Southold IGA, leads me to believe that they would probably embrace or at least not be too upset about a ban and when you mentioned Riverhead before, we all go up to the big box stores. None of them give you anything. You had better tote your own stuff out. You might be able to find an empty cardboard box, otherwise you are carrying it out yourself They don't give you plastic. So I hope you will consider a ban on them. Thank you. COUNCILMAN GHOSIO: If I am not mistaken, the IGA with that program, it was something that came out of that meeting we had last year, right? SUPERVISOR RUSSELL: Partially, yes. George Aldcroft GEORGE ALDCROFT: It's been a long night and something I want to tell you, we have had a lot of different discussions tonight, a lot of different opinions, some stuff you may or may not have wanted to hear. I was watching your faces, I watched your eyes and you listened very carefully. As a citizen, I appreciate that. Thank you. SUPERVISOR RUSSELL: Thank you, George. Anybody else? Heather Cusak Southold Town Board Meeting page 62 September 8, 2015 MS. CUSACK: Sorry, there was just two other things that I forgot to say. in that 'Bag It' movie, they have a lot of solutions because I guess different towns kind of grapple with this to figure it out and one of the things I remember is they would charge like 5 cents per bag, so you know, you bring your own bag and then they would have like these paper bags and that would really give people incentive, oh, I don't want to pay that 5 cents and then they start to remember, so just things like that, if you think about putting it and also, I just wanted to mention, a few weeks ago I visited some relatives in Wellesley Massachusetts and I went to a fish store and there wasn't one plastic bag in that fish store. And that was really cool. Everything was wrapped in paper and they are really sensitive, because they are getting these fish from the ocean. I got some clams and they put them in like this double bag of paper bags and everybody was just bringing their own bags. So it was just nice to see that and it's just a habit. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Yes, I have watched it right online. Just google it. Anybody else? Benja Schwartz MR. SCHWARTZ: Just thinking, this issue and Town of Southold, you think of bags and you think of the yellow plastic garbage bags. Wouldn't it be great and I know there are a lot of these stores, isn't it at Waldbaums, if you use the reusable bags, isn't that the place where they give you a penny off or something? Yeah, so I think even some of these local supermarkets do really want people to use the reusable bags. When we get the Trader Joe on the north fork, they give you, if you bring your own bags they let you enter a drawing, haven't won yet but anyway, the Town of Southold could just they could you know, order some plastic bags and have them available at the Town Clerk's office or something. We do sell books and things there and a bag is a great opportunity not just to carry all kinds of things, I use some of the insulated bags, I put the computer, slip that in there because there is a little padding in case it knocks on something but also you can put on, in addition to what you put in the bag, is what you put on the bag. So, I don't know, you didn't give me a commitment as to when you are going to draft the law but while you are thinking about that... SUPERVISOR RUSSELL: I won't make a commitment to draft a law. I personally won't make a commitment to draft a law but you have got six members here, so. I won't at this time, no. MR. SCHWARTZ: So what would it take to get the... SUPERVISOR RUSSELL: I think Bill raised the issue... MR. SCHWARTZ: Consideration started. SUPERVISOR RUSSELL: I think Bill raised an issue that needs to be highlighted and that is the leadership, I will meet with Riverhead Town Board directly. I will certainly go meet with the county. Lord knows we have been asking the county for years, the county has the ability to tax it, we don't. so in terms of a five cent fee, I would be willing to do that for the time being. I am not willing consider it in Southold right now but I will go out and talk to businesses again. but I have got to listen to everybody. Southold Town Board Meeting page 63 September 8, 2015 MR. SCHWARTZ: What about some Southold Town bags that aren't yellow? Supervisor Russell SUPERVISOR RUSSELL: Well, I said I would consider it. Anybody else? (No response). Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 10:10P.M. 1: / / ari,:d6, Eli. .eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio,Dinizio Jr, Ruland, Doherty, Evans, Russell