Loading...
HomeMy WebLinkAboutLL #07 2018 SOUTHOLD TOWN BOARD PUBLIC HEARING July 3, 2018 7:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 22° day of May, 2018, a Local Law entitled "A Local Law in relation to Chapter 71 -"Agricultural Advisory Committee", 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 Southold Town Hall, 53095 Main Road, Southold,New York, on the 3rd day of July 2018 at 7:31 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 the Adoption of Chapter 71, "Agricultural Advisory Committee" reads as follows: LOCAL LAW NO. _ 2018 A Local Law entitled, "A Local Law in relation to the Adoption of Chapter 71, "Agricultural Advisory Committee" BE IT ENACTED by the Town Board of the Town of Southold as follows: I Chapter 71 of the Code of the Town of Southold is hereby amended as follows: Chapter 71. AGRICULTURAL ADVISORY COMMITTEE 71-1. Purpose The purpose of this Agricultural Advisory Committee is to: A. Recognize the importance of agriculture and its industry as both a vital economic driver to the local economy and a mode of land use which provides the Town of Southold with both its rural and rustic character. Public Hearing-Agricultural Advisory Committee July 3, 2018 page 2 B. Assure the continued viability of farming as an industry which is important to the local economy. C. Provide for the most beneficial relationship between the use of lands, buildings, and agricultural practices and to further encourage the wise use and management of the natural resources within the Town. D. Provide the Town Board,Planning Board, Zoning Board of Appeals, and other relevant Town boards and committees with a conduit for recommendations from the Town's agricultural industries on the short and long term impacts of a variety matters and questions considered by these groups. 71-2 Definitions As used in this Chapter, the terms used herein are defined as follows: AGRICULTURAL ZONING DISTRICTS - The Agricultural Conservation (A-C) zoning district and any residential zoning districts within the Town of Southold in which agriculture is an allowed use. COMMITTEE - The Southold Town Agricultural Advisory Committee. 471-3. Composition; membership, terms of office; removal. A. The Committee shall be composed of nine members appointed by the Town Board,who are residents and active owners/operators of bona fide agricultural or aquaculture/mariculture farm operations within the Town of Southold. B. The Town Board shall appoint one of the Committee members as Chair of the Committee. C. The members appointed to the Committee shall serve for a three-year term. Upon initial formation, three members shall serve for a one-year term, three members for a two-year term and all others for a three-year term. Each year thereafter, reappointments or new appointments will be for three-year terms. D. Appointments shall be from April 1, through March 31. E. Committee members shall serve without compensation. F. Any member who fails to attend at least half of the meetings of the Committee in a given calendar year shall be subject to removal from the Committee by a maiority vote of the Committee. &71-4. Powers and Duties: The Agricultural Advisory Committee shall: A. The Town Board shall refer the proposed acquisition of development rights to the Committee for review. B. Review and Report Committee's recommendations to the Town Board and the Planning Board as to changes in policy and rules, including but not limited to proposing revisions to the Town Code of the Town of Southold, which revisions will enhance, but not detract from, the economic viability of Public Hearing-Agricultural Advisory Committee July 3, 2018 page 3 the agricultural industries in the Town of Southold. C. Review agriculture-related site plan applications and subdivisions. (1) Any site plan that is related to agricultural activities shall be referred to the Agricultural Advisory Committee for review. (2) Any proposed subdivision of land located in an agricultural zoning district or land currently used for agriculture shall be referred to the Agricultural Advisory Committee for review. (3)_ The Committee shall present advice relating to the desirability of such proposed use or subdivision, including advice as to the nature of farming and farm resources within any proposed or established area. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the proposed action. The recommendation(s) shall be advisory only. D. Review proposed zoning changes in agricultural zoning districts. (1) Whenever a proposed zoning, policy change or development (residential, business or industrial) affecting Town agricultural zoning districts is presented to the Town Board within or contiguous to a county agricultural district or Town agricultural zones, it shall be referred to the Agricultural Advisory Committee for review. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the action(s). (2) The Committee shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. This 'recommendation(s) shall include a determination as to whether the proposed action(s)will have an unreasonable adverse effect on the continuing viability of a farm enterprise or enterprises within the county or Town agricultural districts. This recommendation(s) shall be advisory only. E. Review local, county, state, and federal legislation affecting the agricultural industry and report their effect to the Town Board. F. Serve as a vehicle for communication between the agricultural community and the Town Board. G. Perform such other duties and functions as may, from time to time, be directed by the Town Board. H. Meet as determined necessary by a majority of the Committee members, but no less than once a month. I. Submit to the Town Board an annual summary of the activities of the Agricultural Advisory Committee. 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 Public Hearing-Agricultural Advisory Committee July 3, 2018 page 4 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a signed affidavit, notarized, that this hearing was noticed by the Town Clerk's office and on the Town Clerk's bulletin board and also an affidavit that it was advertised in the Suffolk Times. That's all I have. SUPERVISOR RUSSELL: Who would like to address the Town Board on this local law? MARK VANBOURGONDIEN: Mark VanBourgondien. I sit on the Ag Advisory Committee for Southold Town. I would just like to thank you for moving forward on codifying the committee and that moving forward, we can work together to keep agriculture viable in Southold Town for generations to come. It's getting more and more difficult and we need to work together to come up with solutions. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? KAREN RIVARA: Hi, my name is Karen Rivara, thank you for the opportunity to address the Board. I also sit on the Agricultural Advisory Committee with Mark and I am just going to be briefer than I normally am. I agree with everything he just said, we would like it to be formalized. I think it would be good for the town and good for agriculture. Basically I agree with whatever Mark said. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on this particular public hearing? ADAM SUPRENANT: Adam Suprenant, Southold. I also offer to offer my support for the codification of the Ag Advisory. I would like to thank you, Supervisor Russell and especially you Bill Ruland for persevering in what I think is long overdue legislation and I will be happy to say, I will relish not having to come back up here and say why didn't you go talk to the Ag Advisory Committee because now it's in the code and I think that's a great thing, so thank you guys for doing this. SUPERVISOR RUSSELL: Thank you. KATHRYN SEPENOSKI: Kathryn Sepenoski, Sep's farm in East Marion. I also want to thank the Board for bringing this forward this evening. They have worked long and hard and recognizing their efforts and continued viability of our industry is imperative so I thank you very much and I congratulate and thank them for being here tonight. Thank you. SUPERVISOR RUSSELL: Thank you. Chris? CHRIS BAIZ: Chris Baiz, Southold. Chair of Ag Advisory. Again, to all of you on the Board and Supervisor Russell, we urge that this legislation move ahead and be passed as soon as you can do that. There are just enough notes here on the page, not too many notes, in the code that has been proposed, I think this will bring the Town Board and the agricultural industry much Public Hearing-Agricultural Advisory Committee July 3, 2018 page 5 closer together as we realized that one third of the town's acreage is tied up in agriculture. We would like it to open up some more of the fallow lands because the markets are terrible right now, just as a reference point, last week the Secretary of Agriculture of the United States Department of Agriculture was speaking on a favorite business channel and saying that farm incomes and revenues across the country have been in terrible shape since two thirds 2013, to the extent that they have dropped to about 50 percent of what they were in 2013. Agriculture is in tough shape and it needs careful attention. If we are going to have an agriculture economy out here which is a very expensive agriculture, it will need to develop into special commodities, not Chicago Board of Trade commodities, it is very important that we all work very closely together because it will mean greater intensification of land use, it will mean we have got to be smarter and we have got to have smarter people going forward in the next generation or two to make agriculture work in these very expensive lands which the Department of Agriculture says is the most expensive farmland in the United States of America, except for a few places in Hawaii but I think with Kilauea that has disillusioned some folks from wanting to grow macadamia nut trees out there. anyway, I thank you and hopefully we can move this along as quickly as possible. SUPERVISOR RUSSELL: Thanks, Chris. I just want to acknowledge that I think it was your hard work on behalf of the Ag Advisory Committee that got it this far. MR. BAIZ: Nothings new here in the language and we shuffled the chairs on a floating ship, not the Titanic, and we just thought it would be a much more effective way for the agricultural industry and the town to work together. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? Steve? STEVE MUDD: Good evening. Steve Mudd, Southold. I would like to address what appears in my opinion, a misconception that has been printed and voiced by some of the folks that are on this board here today, in regards to property taxes, there has been a couple of board members that have made comment, the wineries and it's confusing, I hope at this point the majority of the board understands there's difference between a vineyard, winery and tasting room, it's confusing and my point and it might just be my opinion at this point but my point is there has been numerous comments made by some of the board members in regards, the wineries don't pay fair property taxes compared to other businesses and I would like to start off with Councilman Ghosio, are you privy to taxes that some of the wineries are paying in Southold Town? COUNCILMAN GHOSIO: In specific... MR. MUDD: The wineries, I don't want to confuse the issue because it gets confused and I don't think it's intentionally and I .... SUPERVISOR RUSSELL: I know, Steve, and I am pretty sure, but we are going to narrow the comment to that specific law and then we are going to go to that section after. Public Hearing-Agricultural Advisory Committee July 3, 2018 page 6 ERIC SEPENOSKI: Eric Sepenoski, East Marion. Good evening, I am going to add my support to the codification of the Ag Committee, I think, echoing other comments from tonight, a closer working relationship with farmers in this community is much needed as we seek to adapt to the changes as we seek to adapt to the changes and being a fourth generation member of a farming family, I hope to bring my son on and continue to farm in East Marion and Orient and I think that a greater sense of trust between the ag community and the board members, present and future, is much needed. So thank you for.... SUPERVISOR RUSSELL: Anyone else? GAIL WICKHAM: Good evening, Gail Wickham, Cutchogue. I would like to support the legislation. I know the Ag Committee has done a lot of work, as has the Town Board. I would just like to suggest that who can be included on the committee, you might want to consider retired farmers or operators or people like Bill Sanok or Dan (inaudible) who may not be farmers but who would have been in government at some point in that field and who are now retired. Just for future consideration. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? ANTHONY SANINNO: Anthony Saninno, representing wineries, President of the Long Island Wine Council. Just wanted to express our gratitude for passing this law, hopefully you will get it done quickly. Much appreciated for the committee, I know they do a tremendous amount of work for us, so thank you very much for the entire board. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. How are you doing this evening? Didn't we discuss this in May and there was a hearing in May? My memory and I try to supplement it by referring to the minutes but apparently it doesn't look like there are any minutes yet for the May 22 Town Board meeting at which this was discussed? The minutes don't seem to be available on line. There's minutes but it doesn't say what anybody said. There's no transcription of anything. SUPERVISOR RUSSELL: Are you talking about the work session? MR. SCHWARTZ: No, I am talking about the Town Board meeting. SUPERVISOR RUSSELL: With respect to the codification of the Ag Advisory Committee? MR. SCHWARTZ: Yes, the meeting at which the public hearing.... COUNCILWOMAN DOHERTY: I believe it was done at the work session. Public Hearing-Agricultural Advisory Committee July 3, 2018 page 7 MR. SCHWARTZ: There was a work session at which it was discussed and then there was a public hearing, no? COUNCILWOMAN DOHERTY: No, we set the public hearing for tonight. SUPERVISOR RUSSELL: We set the public hearing, we have never scheduled this for another public hearing. This is the first public hearing. MR. SCHWARTZ: Okay. This is the first public hearing on this law but the law was proposed on May 22 and it was supposedly available to everybody to look at. JUSTICE EVANS: We had a resolution setting the hearing. MR. SCHWARTZ: You know, I mean, off the top of my head, the word committee has a certain defined meaning in our town code and there is an agricultural advisory committee, now you are creating,a law that creates an Agricultural Advisory Committee, what's happening to the old Agricultural Advisory Committee? Is there still going to be a committee, now it's,going to be a codified committee, I get that. I don't think this proposal here is ready to vote on and it's still a committee in the sense that the members are going to be unpaid and yet apparently, their committee is now going to have certain powers to control the way our town develops, is that a correct statement to say that? SUPERVISOR RUSSELL: They are going to sit with more parity at the table with regard to decision making by all of the boards. MR. SCHWARTZ: Will they still be advisory? SUPERVISOR RUSSELL: It expands their role. Ultimately, yes, it's going to be advisory but it expands their role considerably and it does require a certain in-house referrals to them and that sort of thing. MR. SCHWARTZ: So there is procedural requirements for certain matters to be referred to them.... SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: But they have no power to decide whether or not to approve those matters? SUPERVISOR RUSSELL: No. MR. SCHWARTZ: Okay. You know, the first section, section A of the powers and duties in section 71-4, the Agricultural Advisory Committee shall, the Town Board shall refer the proposed acquisition of development rights to the committee for review. I mean, never mind who shall and who's doing what but the proposed, I think every proposed acquisition of development rights, I don't know quite when that takes effect, I believe that the development rights acquisitions are initially supposed to be proposed by the property owners. And they get Public Hearing-Agricultural Advisory Committee July 3, 2018 page 8 proposed to the Land Preservation Committee/Department. At what point, does this requirement that the Town Board, I guess the Town Board doesn't get it until the Land Preservation Committee has advised the Land Preservation Department and the Land Preservation Department makes the decision to propose it to the Town Board. Is that correct? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: It could be a lot clearer, the language here. You could say the acquisition of development rights proposed by the Land Preservation Department to the Town Board shall be referred by the Town Board to the, you know, I didn't have time to go through everything here... SUPERVISOR RUSSELL: It would be my hope with this legislation that it would direct more of a direct line of communication between the various departments that have an important role to play, Land Preservation being one, Agricultural Advisory being the other. And hopefully a lot of this will create better communication all the way around. MR. SCHWARTZ: Well, I very much in favor of agriculture and I appreciate that they have an advisory role to play but I think this is a lot of hocus pocus here. SUPERVISOR RUSSELL: Chris? MR. BAIZ: I think in the recent speakers mind, he asked and answered the question all in one breathe, the Town Board does refer to the Ag Advisory Committee and of course, the Town Board doesn't know until it's referred to them by the Land Preservation Department and Committee. the one question I had in here that I saw in the text, under the makeup of the committee in paragraph D, is it correct to assume that the appointments shall run from April 1 to March 31 or we had also discussed January 1 to December 31, I don't know whether we just let it stand at this, I think it needs a legal counsels.... TOWN ATTORNEY DUFFY: All committee appointments run from April 1 to March 31. MR. BAIZ: Thank you. SUPERVISOR RUSSELL: That was actually part of a previous Board that did that, it got so cumbersome with the Organizational Meeting, every January with different appointments, so we moved it three months later. MR. BAIZ: You answered it, very carefully and thoroughly. Thank you. ROBERT HANLON: Robert Hanlon, Orient. I wasn't going to speak but every voice that we heard from so far has been from farming community except for Benja's questions, and since questions have been raised, I have to as a non-farmer but someone who lives among the farms have to say that farmers and baymen need a voice at the table, a formal voice at the table. And giving them a formal role where we must refer to them things that impact farming is a good thing, it's something that we have to do. We have to hear from each of the voices in this community and their voice is a critical one and elevating this group to having a formal and Public Hearing-Agricultural Advisory Committee July 3, 2018 page 9 mandated opportunity to weigh in on things that affect farming is a very good thing. There may be technical issues and questions and so on but I think most of the community, I can't speak for most of the community, I would think most of the community recognizes how important listening to farmers is. Thank you. SUPERVISOR RUSSELL: Thank you. MR. SCHWARTZ: On the same section A, can't seem to get past that one tonight, the proposed acquisition of development rights, I am assuming that includes the proposed covenants and restrictions, deciding the way of what exactly is being transferred... SUPERVISOR RUSSELL: One of the roles we are asking the Agricultural Advisory to do is look at the template easements of previous sales and look at ways they might present challenges to farming and the sustainability down the road, make those recommendations directly to the Town Board, so they will be looking at easements, things like that. MR. SCHWARTZ: And is there anything here that gives them more power to do that than they already have? SUPERVISOR RUSSELL: I will defer to Bill on that. TOWN ATTORNEY DUFFY: I am not sure what you mean by that question. MR. SCHWARTZ: Well, the issue is the templates for the development rights, transfer of development rights easements are to be reviewed. I think everything in this law could have been put into a letter or policy statement or something to just interaction between the Town Board and its Agricultural Advisory Committee. it's still going to be an advisory committee, I am still confused why would they be having a say on the proposed acquisitions of development rights and not on say a incidents where development rights are required to be enforced by the town? I am not even clear, honestly, who exactly is responsible to enforce the development rights easements. I mean, I could look them up, I could review them but maybe you can clarify that and why wouldn't the Agricultural Advisory Committee be advising the town in those contexts? In that context? SUPERVISOR RUSSELL: I would envision that they would, I would envision that the interpretation in terms of and I will give you an example, what is an ag structure? We are going to look to them for guidance on that. What is an ag structure, is it permitted generally under PDR's or not? That type of thing. MR. SCHWARTZ: Or whether they are going to build something or not. We also have issues of just whether or not certain activities constitute agriculture and I think we still have a lot more work to do. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on this particular local law? Public Hearing-Agricultural Advisory Committee July 3, 2018 page 10 KARL NOVACK: Karl Novack, Long Island Farm Bureau. I would just like to thank the Board and Agricultural Advisory Committee for all the work they put into getting this law to the table. I think that is a good move forward, this is the only Ag Advisory Committee that the Farm Bureau deals with that Suffolk County has not codified. I think this is a good move forward for working to further the business of agriculture and I know a lot of hard work was put in by the Board and by the Ag Advisory Committee and I would just like to thank them for their work and express the Farm Bureau's support for this law. SUPERVISOR RUSSELL: Thank you. Anybody else like to address the Town Board on this particular local law? (No response) This hearing was closed at 8.21 PM Elizabe'A A. Neville Southold Town Clerk STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M CUOMO ONE COMMERCE PLAZA GOVERNOR 99 WASHINGTON AVENUE ALBANY,NY 12231-0001 ROSSANA ROSADO WWW.DOS.NY.GOV SECRETARY OF STATE July 16, 2018 RECEIVED Lynda M Rudder Deputy Town Clerk J!�L 2 3 2018 Town Hall, 53095 Main Road PO Box 1179 Southold Town r0erj Southold NY 11971 RE: Town of Southold, Local Law 7 & 8 2018, filed on July 12, 2018 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 NEWYORK Department STATE OF OPPORTUNITY of State Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Wednesday,July 11, 2018 1:56 PM To: Rudder, Lynda Subject: RE: Emailing: LL#7.docx, LL# 8.docx Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner (Please note that legislation that is posted under"New Laws" in eCode3600 will appear exactly as submitted to General Code.) All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersuppa.generalcode com 1 a ELIZABETH A. NEVILLE,MMC �y0 G� Town Hall,53095 Main Road TOWN CLERK P.O:Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0,� �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 11, 2018 ILL563072339usl Priority Mail Express - ---- - ----- RE: Local Law No. 7 & 8 of 2018 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 7 & 8 of 2018 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Southold Town Board - Letter Board Meeting of July 3, 2018 RESOLUTION 2018-663 Item # 5.47 s` �LL 2 ADOPTED DOC ID: 14320 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-663 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 3, 2018: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 22nd day of May, 2018, a Local Law entitled "A Local Law in relation to Chapter 71 -"Agricultural Advisory Committee", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Adoption of Chapter 71, "Agricultural Advisory Committee" reads as follows: LOCAL LAW NO.� 2018 A Local Law entitled, "A Local Law in relation to the Adoption of Chapter 71, "Agricultural Advisory Committee" BE IT ENACTED by the Town Board of the Town of Southold as follows: I Chapter 71 of the Code of the Town of Southold is hereby amended as follows: Chapter 71. AGRICULTURAL ADVISORY COMMITTEE § 71-1. Purpose The purpose of this Agricultural Advisory Committee is to: A. Recognize the importance of agriculture and its industry as both a vital economic driver to the local economy and a mode of land use which provides the Town of Southold with both its rural and rustic character. B. Assure the continued viability of farming as an industry which is important to the local economy. C. Provide for the most beneficial relationship between the use of lands, buildings, and agricultural practices and to further encourage the wise use and management of the natural resources within the Town. D. Provide the Town Board, Planning Board, Zoning Board of Appeals, and other relevant Town boards and committees with a conduit for recommendations from the Town's agricultural industries on the short and Generated July 6, 2018 Page 66 Southold Town Board - Letter Board Meeting of July 3, 201$ long term impacts of a variety matters and questions considered by these groups. 71-2 Definitions As used in this Chapter, the terms used herein are defined as follows: AGRICULTURAL ZONING DISTRICTS - The Agricultural Conservation (A-C) zoning district and any residential zoning districts within the Town of Southold in which agriculture is an allowed use. COMMITTEE - The Southold Town Agricultural Advisory Committee. §71-3. Composition; membership, terms of office; removal. A. The Committee shall be composed of nine members appointed by the Town Board,who are residents and active owners/operators of bona fide agricultural or aquaculture/mariculture farm operations within the Town of Southold. B. The Town Board shall appoint one of the Committee members as Chair of the Committee. C. The members appointed to the Committee shall.serve for a three-year term. Upon initial formation, three members shall serve for a one-year term, three members for a two-year term and all others for a three-year term. Each year thereafter, reappointments or new appointments will be for three-year terms. D. Appointments shall be from April 1, through March 31. E. Committee members shall serve without compensation. F. Any member who fails to attend at least half of the meetings of the Committee in a given calendar year shall be subject to removal from the Committee by a majority vote of the Committee. §71-4. Powers and Duties: The Agricultural Advisory Committee shall: A. The Town Board shall refer the proposed acquisition of development rights to the Committee for review. B. Review and Report Committee's recommendations to the Town Board and the Planning Board as to changes in policy and rules, including but not limited to proposing revisions to the Town Code of the Town of Southold, which revisions will enhance, but not detract from, the economic viability of the agricultural industries in the Town of Southold. C. Review agriculture-related site plan applications and subdivisions. (1) Any site plan that is related to agricultural activities shall be referred to the Agricultural Advisory Committee for review. (2) Any proposed subdivision of land located in an agricultural zoning district or land currently used for agriculture shall be referred to the Agricultural Advisory Committee for review. Generated July 6, 2018 Page 67 •-tk Southold Town Board - Letter Board Meeting of July 3, 2018 (3) The Committee shall present advice relating to the desirability of such proposed use or subdivision, including advice as to the nature of farming and farm resources within any proposed or established area. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the proposed action. The recommendation(s) shall be advisory only. D. Review proposed zoning changes in agricultural zoning districts. (1) Whenever a proposed zoning, policy change or development (residential, business or industrial) affecting Town agricultural zoning districts is presented to the Town Board within or contiguous to a county agricultural district or Town agricultural zones, it shall be referred to the Agricultural Advisory Committee for review. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the action(s). (2) The Committee shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. This recommendation(s) shall include a determination as to whether the proposed action(s) will have an unreasonable adverse effect on the continuing viability of a farm enterprise or enterprises within the county or Town agricultural districts. This recommendation(s) shall be advisory only. E. Review local, county, state, and federal legislation affecting the agricultural industry and report their effect to the Town Board. F. Serve as a vehicle for communication between the agricultural community and the Town Board. G. Perform such other duties and functions as may, from time to time, be directed by the Town Board. H. Meet as determined necessary by a majority of the Committee members, but no less than once a month. I. Submit to the Town Board an annual summary of the activities of the Agricultural Advisory Committee. 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. j Elizabeth A. Neville Generated July 6, 2018 Page 68 Southold Town Board - Letter Board Meeting of July 3, 208 Southold Town Clerk RESULT: ADOPTED [5 TO 11 MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ruland, Doherty, Ghosio, Evans, Russell NAYS: James Dinizio Jr Generated July 6, 2018 Page 69 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Local Law No. 7 of the year 2018 . A Local Law entitled, A Local Law in relation to the Adoption of Chapter 71, Agricultural Advisory Committee Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I Chapter 71 of the Code of the Town of Southold is hereby amended as follows: Chapter 71. AGRICULTURAL ADVISORY COMMITTEE § 71-1. Purpose The purpose of this Agricultural Advisory Committee is to: A. Recognize the importance of agriculture and its industry as both a vital economic driver to the local economy and a mode of land use which provides the Town of Southold with both its rural and rustic character. B. Assure the continued viability of farming as an industry which is important to the local economy. C. Provide for the most beneficial relationship between the use of lands,buildings, and agricultural practices and to further encourage the wise use and management of the natural resources within the Town. D. Provide the Town Board, Planning Board, Zoning Board of Appeals, and other relevant Town boards and committees with a conduit for recommendations from the Town's agricultural industries on the short and long term impacts of a variety matters and questions considered by these groups. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev 05/05) 1 I I § 71-2 Definitions As used in this Chapter, the terms used herein are defined as follows: AGRICULTURAL ZONING DISTRICTS -The Agricultural Conservation(A-C) zoning district and any residential zoning districts within the Town of Southold in which agriculture is an allowed use. COMMITTEE -The Southold Town Agricultural Advisory Committee. §71-3. Composition;membership, terms of office; removal. A. The Committee shall be composed of nine members appointed by the Town Board, who are residents and active owners/operators of bona fide agricultural or aquaculture/mariculture farm operations within the Town of Southold. B. The Town Board shall appoint one of the Committee members as Chair of the Committee. C. The members appointed to the Committee shall serve for a three-year term. Upon initial formation, three members shall serve for a one-year term, three members for a two-year term and all others for a three-year term. Each year thereafter, reappointments or new appointments will be for three-year terms. D. Appointments shall be from April 1, through March 31. E. Committee members shall serve without compensation. F. Any member who fails to attend at least half of the meetings of the Committee in a given calendar year shall be subject to removal from the Committee by a majority vote of the Committee. §71-4. Powers and Duties: The Agricultural Advisory Committee shall: A. The Town Board shall refer the proposed acquisition of development rights to the Committee for review. B. Review and Report Committee's recommendations to the Town Board and the Planning Board as to changes in policy and rules, including but not limited to proposing revisions to the Town Code of the Town of Southold, which revisions will enhance,but not detract from, the economic viability of the agricultural industries in the Town of Southold. C. Review agriculture-related site plan applications and subdivisions. (1) Any site plan that is related to agricultural activities shall be referred to the Agricultural Advisory Committee for review. (2) Any proposed subdivision of land located in an agricultural zoning district or land currently used for agriculture shall be referred to the Agricultural Advisory Committee for review. (3) The Committee shall present advice relating to the desirability of such proposed use or subdivision, including advice as to the nature of farming and farm resources within any proposed or established area. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the proposed action. The recommendation(s) shall be advisory only. D. Review proposed zoning changes in agricultural zoning districts. (1) Whenever a proposed zoning, policy change or development(residential,business or industrial) affecting Town agricultural zoning districts is presented to the Town Board within or contiguous to a county agricultural district or Town agricultural zones, it shall be referred to the Agricultural Advisory Committee for review. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the action(s). (2) The Committee shall-present advice relating to the desirability of such action, 2 r ' including advice as to the nature of farming and farm resources within any proposed or established area. This recommendation(s) shall include a determination as to whether the proposed action(s) will have an unreasonable adverse effect on the continuing viability of a farm enterprise or enterprises within the county or Town agricultural districts. This recommendation(s) shall be advisory only. E. Review local, county, state, and federal legislation affecting the agricultural industry and report their effect to the Town Board. F. Serve as a vehicle for communication between the agricultural community and the Town Board. G. Perform such other duties and functions as may, from time to time,be directed by the Town Board. H. Meet as determined necessary by a majority of the Committee members,but no less than once a month. I. Submit to the Town Board an annual summary of the activities of the Agricultural Advisory Committee. 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. 3 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 7 of 20 18 of the (Town) of SOUTHOLD was duly passed by the TOWN BOARD on July 3 20 18 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20______, and was (approved)(not approved)(repassed after disapproval)by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 4 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York,having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. Maaga?%� Clerk of the CountfAegislative body. City:Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: July 9,2018 (Certification to be executed by County Attorney,,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed he to. Signature William Duffy,Town Attorney Damon Hagan,Assistant Town Attorney Title Town of SOUTHOLD g� Date: July 9,2018 5 TOWN OF SOUTHOLD BOARD MEETING - JULY 3, 2018 To Supervisor Russell and the Town Board, First, I want to make it clear that I have no affiliation with any winery or farm. But as a taxpayer in the Town of Southold, I do have an interest in maintaining the future viability of the town and its resources. I believe tlga .the preservation of agriculture—and of the business of agriculture—are keys to that end. I favor the codification of the Agricultural Advisory Committee. Let's recognize the extensive contribution those who have served on it in the past have made to our community and of the importance of legitimizing these efforts. Regarding the proposed new regulations and some of your actions on social media I have the following questions. Please let your answers be on the record: - Are you aware how much the wineries and their tasting rooms contribute in local property taxes? - Do you think it is fair to characterize them as getting a "free ride" in comparison to the town's other businesses that serve alcohol? The Suffolk County Farmland Preservation program went into effect in the 1970's not only to save farms, but also to reduce taxes. Farms cost municipalities far less than residential and commercial properties. - What would it cost the town if the farms with development rights intact were developed? When I was asked to serve on the Farm Alcohol Working Group last year, the group was told that our mission was to look at existing zoning and to make new recommendations that took into account changing needs in both the community and in agribusiness. Mr. Supervisor, we soon learned you had another agenda when you told me and another member of the group, in the presence of your staff, "I'm the anti-winery folk hero." - Since you often speak of the importance of preserving farms, what kind of farms do you see as viable, if not vineyards and their adjacent wineries? i - How do you on the board see your actions in the past year, as relating to the Republican Party mandate to lessen government regulation? Why legislate such complex regulations? . My plea: - Allow more flexibility in farming practices. We can't foresee future needs. - Allow farmers to buy, sell and trade each others' products freely. - Include zoning for small wineries, supported by plantings of ten acres or r less. This would allow farms to include vineyards with other crops. The small winery can limit access to visitors for tasting BY APPOINTMENT, in a space the size of a farmstand. - Recognize that visitors want to experience the farms themselves. They don't come just to drink. Thank you. Louisa Hargrave #0002222290 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 06/14/2018 Principal Clerk Sworn to before me this day of d' . INA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No 01VO6105050 Qualified in Suffolk County My Comrtllsslon Exprroo Fahruary 28,2020 ` M_P TYPESET: Tue Jun 12 10.58 42 EDT 2018 D. Appointments shall be from April 1, HI. SEVERABILITY LEGAL NOTICE through March 31 If any clause,sentence,paragraph,section,or NOTICE OF PUBLIC HEARING E. Committee members shall serve with- part of this Local Law shall be adjudged by NOTICE IS HEREBY GIVEN,there has out compensation any court of competent,jurisdiction to be in- been presented to the Town Board of the F. Any member who fails to attend at valid,the judgment shall not affect the valid- Town of Southold, Suffolk County, New least half of the meetings of the Committee in ity of this law as a whole or any part thereof York,on the 22nd day of May,2018,a Local agiven calendar year shall be subject to re- other than the part so decided to be unconsti- Law entitled"A Local Law in relation to moval from the Committee by a majority vote tutional or invalid Chapter 71"Agricultural Advisory Com- of the Committee. IV. EFFECTIVE DATE mittee",and §71-4.Powers and Duties: This Local Law shall take effect immediately NOTICE IS HEREBY FURTHER The Agricultural Advisory Committee upon filing with the Secretary of State as GIVEN that the Town Board of the Town of shall: provided by law Southold will hold a public hearing on the A. The Town Board shall refer the pro- Dated.May 22,2018 aforesaid Local Law at Southold Town Hall, posed acquisition of development rights to the BY THE ORDER OF THE 53095 Main Road,Southold,New York,on Committee for review. SOUTHOLD TOWN BOARD the 3rd day of July 2018 at 7:31 p.m. at B. Review and Report Committee's rec- Elizabeth A.Neville which time all interested persons will be ommendations to the Town Board and the Southold Town Clerk given an opportunity to be heard Planning Board as to changes in policy and 2222290 The proposed Local Law entitled,"A Lo- rules,including but not limited to proposing cal Law in relation to the Adoption of revisions to the Town Code of the Town of Chapter 71,"Agricultural Advisory Com- Southold,which revisions will enhance,but mittee"reads as follows- notdetractfrom,theeconomic viability of the LOCAL LAW NO.2018 agricultural industries in the Town of South- A Local Law entitled,"A Local Law in rela- old tion to tate Adoption of Chapter 71,"Agri- C. Review agriculture-related site plan cultural Advisory Committee" applications and subdivisions. BE IT ENACTED by the Town Board of the (1) Any site plan that is related to agricul- Town of Southold as follows. tural activities shall be referred to the Agricul- I Chapter 71 of the Code of the Town of tura]Advisory Committee for review Southold is hereby amended as follows: (2) Any proposed subdivision of land lo- Chapter 71. AGRICULTURAL ADVI- cated in an agricultural zoning district or land SORY COMMITTEE currently used for agriculture shall be referred §71-1.Purpose to the Agricultural Advisory Committee for The purpose of this Agricultural Advisory review. Committee is to: (3) The Committee shall present advice A. Recognize the importance of agricul- relating to the desirability of such proposed ture and its industry as both a vital economic use or subdivision,including advice as to the driver to the local economy and a mode of nature of farming and farm resources within land use which provides the Town of Southold any proposed or established area The Ag- with both its rural and rustic character ricultural Advisory Committee shall have 45 B. Assure the continued viability of days to respond with a recommendation(s)for farming as an industry which is important to the proposed action The recommendation(s) the local economy shall be advisory only C. Provide for the most beneficial rela- D. Review proposed zoning changes in tionship between the use of lands,buildings, agricultural zoning districts. and agricultural practices and to further en- (1) Whenever a proposed zoning,policy courage the wise use and management of the change or development(residential,business natural resources within the Town or industrial)affecting Town agricultural zon- D. Provide the Town Board, Planning ing districts is presented to the Town Board Board,Zoning Board of Appeals,and other within or contiguous to a county agricultural relevant Town boards and committees with a district or Town agricultural zones,it shall be conduit for recommendations from the referred to the Agricultural Advisory Com- Town's agricultural industries on the short mittee for review The Agricultural Advisory and long term impacts of a variety matters and Committee shall have 45 days to respond with questions considered by these groups a recommendation(s)for the action(s) §71-2 Definitions (2) The Committee shall present advice As used in this Chapter, the terms used relating to the desirability of such action,in- herein are defined as follows: cluding advice as to the nature of farming and AGRICULTURAL ZONING DISTRICTS farm resources within any proposed or estab- - The Agricultural Conservation (A-C) fished area This recommendation(s)shall in- zoning district and any residential zoning clude a determination as to whether the districts within the Town of Southold in proposed action(s)will have an unreason- which agriculture is an allowed use. able adverse effect on the continuing viability COMMITTEE-The Southold Town Ag- of a farm enterprise or enterprises within the ricultural Advisory Committee. county or Town agricultural districts This §71-3.Composition;membership,terms of recommendation(s)shall be advisory only office;removal. E. Review local,county,state,and fed- A. The Committee shall be composed of eral legislation affecting the agricultural in- nine members appointed by the Town Board, dustry and report their effect to the Town who are residents and active owners/ Board. operators of bona fide agricultural or F. Serve as a vehicle for communication aquaculture/mariculture farm operations between the agricultural community and the within the Town of Southold. Town Board B. The Town Board shall appoint one of G. Perform such other duties and func- the Committee members as Chair of the Com- tions as may,from time to time,be directed by mittee the Town Board C. The members appointed to the Com- H. Meet as determined necessary by a mittee shall serve for a three-year term Upon majority of the Committee members,but no initial formation,three members shall serve less than once a month. for a one-year term,three members for a two- I. Submit to the Town Board an annual year term and all others for a three-year term summary of the activities of the Agricultural Each year thereafter,reappointments or new Advisory Committee appointments will be for three-year terms. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Lynda M. Rudder, Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 6th day of June , 2018, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. PH 7/3 7:31 pm - Chapter 71, Agricultural Advisory L nda M. u der Southold Deputy Town Clerk Sworn before me this 6th day of June , 2018. L11"J"(44 Notar ublic BONNIE J.DOROSKI Notary Public,State Of New York No.01D06095328, Suffolk County Term Expires July 7,20 � Or'.X'VO 411b ` 2018®y0, CATEGORY- Local Law Public Hearing DEPARTMENT. Town Attorney PH 7/3 7.•31 Pm-Chapter 71 Agricultural Advisory Committee WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 22nd day of May,2015,a Local Law entitled"A Local Lamy in relation to f'lasa atcr 7l -'rA�rr'icudtl�raal Atl�jia>6►ry �'rrnairiifflcc'" now,therefore,be it RESOLVED that the TowivBoard of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town ball, 53095•Maim Road, Southold,New York,on the 3 a day of July 2018 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local d,aaw in relation to this Adodrtioia of Cha astya•71, 4'A r•icardtursal A6lvisorl Connuittec"•reads as follows: LOCAL LAW NO. 20111 A Local Law entitled, "� Loealaca�• iar r elaati6raa to fidl6-Ac10�tiocr dr$"Cha ter 71. °'Auric•aaltarrsll �1 dlvi46sa 4 -'ommittee" BE IT ENACTED by the Town Board of the Town of Southold as follows: l Clraa ?ter 71 of the t:o61e of the Totmql of tioarthola is,llerow atneuded as follows: Chapter 71 AGRICd,1d,I'LJIZAI, ADA1'ISORY COMMITTEE 71-1. Perna} 'rhe purpose of this Attriculturaal Advisory Committee is to:, A. IZeco gtlize tlac ills or•taance�of:l , • •c slid its industr • aas l3c►ih as vitatl economic driver to the loc ecoraOM a nrardi, of Band anise which r•oylcdcs the Toww* h both.its a•ariral d arstic: Chaaracter. ` B. Assure the continued via bili t'Caar miia �aesais '�edaiutry avdricla is ian oa kaatt to the local c 6lnonly. l L�f to C. Provide for the most Neale icia ict•ag•een the us of lands buildings. an agricultural a6ltarraal Iraad ticev andf' 1t thher elleoa a rc the avise useand raasaraatL"t;luent of the natural the T2wn. 1} pr ovitde the'd'owrr lloaar•tl, drlaaratain 11o•ar•cl,Zcaalingy Board of Aalamcaals.' alradd other relevaaa L]rovvrn boards and con-i mitteos'With ai cohdrait foa- recocaaailendsations'from the Town7s agricultural indw4l'ies ora the short and 16rn ► t6.�rtaa inr suits of`:a vsariety rrlaxtter�s aandd ucsficalas 66an:sid6yrc6d I.sv (11"t r•ou s. l 71-2 d�c�f'illiflioaas As use(] in k AGRICULTU—I;RIAL-Z,()NINGDtSTRI4�'I'S -.'I'lle, t jct% of Southold in which _�fistl Within tile Town ri.��cultaare is urn anllowvetl nese. COMMITTEE-The Agrictiltural Advisol-V Comillittee. §71-3. Composition: "Ie"Ibel'shiP, lei-ills of officle" M I P1,31. A. The Committee shall be coin 0 of"nine members as o I Inted by,tin ; and uctive 6vvners/operawrs_Ofbona ride 0 icWtural o I a or 1 ItIcIll t WI=C/Inll -ic tilt tire farm wid the'IroivWn. Southold B. The Ti)wn Boa rd /allalimointons'_(bf tile Committee membe as Chair of �krlz�L_ 0�_ / .I It 1 , 1)1 1, the Committee. M k,.Tr C. The Illembersa 4oilited [41mitlee shall SeAh"E! li 0-year term. - I 11 " tlm'� 'Uve� wa one- shallserve r( Mir term, P,;. Upon illiti:ll "'), Inal iwl4t;�. - members fol-j' (wo-vear t I erm and all Others for an three-year t6-111. Each yKar diercafter, I-CA ) ointments or new'2111111wintmel be f(I •fLqr-vC:Ir terms. D. A oiEntmennt._shall be froin through E. Cominitteeran 6nbers.shallse - without com—Mqtion. F. Anv memberwlett fails toalten t least hfllf Of Omp Meefin qw- ir-ow tile Committee,hi a 'vena eoloindp nvea qhqli be. inet to rem ComiAtteo'b a m 'o-ijIv vhtp.of the mlinittee- X71-4.__Powers and.Duties: The Agricultural Advisory Cin Init [ti6n of&,w the 11 haverout e I-r- U3y) m Board and the C) o cRnnanen es Miev and rules including but not a H, as (Wons to the To, wn Code of the Town of Southold, limited,to vroposing rei the economic yi—Affitv Of which revisions will enhfay.ceQ but not detract frons..— he a ie Town of L--g snalaivisioirns. - c wes sliall-he referred ew. 2 An a•o Deed snbdiviatioan of lend loea�ted inn santpgricultyral zonin Iture shall be referred to the such ice as to the�pasktyre of far-ming and farn r-esources-withip. any orn-nosed or established green_ T COMmittee sh' a-11-have 45 days to respond � P with a recl,rrat►sed action, The recorq mendatiorr a shall be adviso orrly, D. a] Zoning istr ets. Wllerlever a ro�tD3ed Zo11irA olicy change or devclo 1me11t �..... �residelrtraal larrsrness or i?adzstr^ia61 afft:etln�'�'tD�'!1 �,ricrlltt;ariil 9nrrira� t➢istricts es rlreserlted to the 'own hoard within or coati nous to a coaalrty a_g-ricultuirirl district orricultur°aal zonae it ahall he referred to the A gr;iculttYga1 Atdyisoryy Committee for review. The A giculturid Advisory Committee shall have 45 days to respond with a r°ecaaammendaation(s)for the anetion(sl. The Committee strap present advice relating to the deqaraability of suach action-including advice as to the nature of farnlifi and farce. n•eg�mnnr��e wetlaln Sll 81ro*losed or established area.This recommendation(s) shall include a determination as to whether the RI-opovett Actiwill have an unreasonable adverse effect on the continuing vialbility of as farinl enter a ise or enter arises wiffln the Counly or Town as rrigultur.jl districts. This recommendation(s) shall be zdvisory only.. T. Review locant court state at:ionaf#ecti>zr tllc a grIcul€�ural industry and re�►ort their effect to the Town_I —Ird- F. Serve as a1 vehicle for conrluaa11icaation 11coxra;ir uni ly and the Town Board, G. Perform such other d1utles a nd functions as-may.from time to time be directed b the Town Board. H. I@rlect ars determined arccessaary by sfl erlsiority of the Committee auac'tarobe but no less 4haall once a month a. L Submit to the Town Board carr annual srinaranaary of the alctivitics of¢lie rigyricnaltural dvAsory Committee. III. SEVERABILITY if aat1v s lautie,serrtctrec, paragraph,ph,sectio", r► t,caal Law "Ilan!l be aafflutleed bl, any court orconipetent jurisdiction to be involi41 et tiro vaalidity I)f this laaly ars a whole or any- tlaar•t tlaca°ct>3'uthea't11a111 the part tiu decided tt► be junconsfitutio1naal or invalLd- IV. EFFECTIVE DE it This Local Law shall take erfect irlrrrletliaatevl ' u 1011 frlrrl r ll tlrt Sccrctaaa ofStatetae wovidled hV law. - .-at- Record-Resolution RES-2018-sm -- ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended © ❑ - 0 p ❑ Defeated James Dinizio Jr _ _� _ ❑ Tabled _ William P,Ruland 3 ❑ I ❑ ❑ ❑ Withdrawn Jill Doherty ❑ [3, ❑ ❑ ❑ Supervisor's Appt -- ❑ 13Robert tihosio 13 ❑ ❑ Tax Receiver's Appt LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22° day of May, 2018, a Local Law entitled "A Local Law in relation to Chapter 71 -"Agricultural Advisory Committee", 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 Southold Town Hall, 53095 Main Road, Southold,New York, on the 3d day of July 2018 at 7:31 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 the Adoption of Chapter 71, "Agricultural Advisory Committee" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to the Adoption of Chapter 71, "Agricultural Advisory Committee" BE IT ENACTED by the Town Board of the Town of Southold as follows: I Chapter 71 of the Code of the Town of Southold is hereby amended as follows: Chapter 71. AGRICULTURAL ADVISORY COMMITTEE 71-1. Purpose The purpose of this Agricultural Advisory Committee is to: A. Recognize the importance of agriculture and its industry as both a vital economic driver to the local economy and a mode of land use which provides the Town of Southold with both its rural and rustic character. B. Assure the continued viability of farming as an industry which is important to the local economy. C. Provide for the most beneficial relationship between the use of lands, buildings, and agricultural practices and to further encourage the wise use and management of the natural resources within the Town. D. Provide the Town Board,Planning Board, Zoning Board of Appeals, and other relevant Town boards and committees with a conduit for recommendations from the Town's agricultural industries on the short and long term impacts of a variety matters and questions considered by these groups. 71-2 Definitions As used in this Chapter, the terms used herein are defined as follows: AGRICULTURAL ZONING DISTRICTS - The Agricultural Conservation (A-C) zoning r � district and any residential zoning districts within the Town of Southold in which agriculture is an allowed use. COMMITTEE -The Southold Town Agricultural Advisory Committee. .471-3. Composition; membership, terms of office; removal. A. The Committee shall be composed of nine members appointed by the Town Board,who are residents and active owners/operators of bona fide agricultural or aquaculture/mariculture farm operations within the Town of Southold. B. The Town Board shall appoint one of the Committee members as Chair of the Committee. C. The members appointed to the Committee shall serve for a three-year term. Upon initial formation, three members shall serve for a one-year term, three members for a two-year term and all others for a three-year term. Each year thereafter, reappointments or new appointments will be for three-year terms. D. Appointments shall be from April 1, through March 31. E. Committee members shall serve without compensation. F. Any member who fails to attend at least half of the meetings of the Committee in a given calendar year shall be subject to removal from the Committee by a majority vote of the Committee. X714. Powers and Duties: The Agricultural Advisory Committee shall: A. The Town Board shall refer the proposed acquisition of development rights to the Committee for review. B. Review and Report Committee's recommendations to the Town Board and the Planning Board as to changes in policy and rules, including but not limited to proposing revisions to the Town Code of the Town of Southold, which revisions will enhance, but not detract from, the economic viability of the agricultural industries in the Town of Southold. C. Review agriculture-related site plan applications and subdivisions. (1) Any site plan that is related to agricultural activities shall be referred to the Agricultural Advisory Committee for review. (2) Any proposed subdivision of land located in an agricultural zoning district or land currently used for agriculture shall be referred to the Agricultural Advisory Committee for review. (3) The Committee shall present advice relating to the desirability of such proposed use or subdivision, including advice as to the nature of farming and farm resources within any proposed or established area. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the proposed action. The recommendation(s) shall be advisory only. D. Review proposed zoning changes in agricultural zoning districts. (1) Whenever a proposed zoning, policy change or development (residential, business or industrial) affecting Town agricultural zoning r - s districts is presented to the Town Board within or contiguous to a county,agricultural district or Town agricultural zones, it shall be referred to the Agricultural Advisory Committee for review. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the action(s). (2) The Committee shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. This recommendation(s) shall include a determination as to whether the proposed action(s)will have an unreasonable adverse effect on the continuing viability of a farm enterprise or enterprises within the county or Town agricultural districts. This recommendation(s) shall be advisory only. E. Review local, county, state, and federal legislation affecting the agricultural industry and report their effect to the Town Board. F. Serve as a vehicle for communication between the agricultural community and the Town Board. G. Perform such other duties and functions as may, from time to time, be directed by the Town Board. H. Meet as determined necessary by a majority of the Committee members, but no less than once a month. I. Submit to the Town Board an annual summary of the activities of the Agricultural Advisory Committee. 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. Dated: May 22, 2018 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH IN THE JUNE 14,2018 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. Southold Town Board -Letter Board Meeting of May 22, 2018 RESOLUTION 2018-504 - - Item # 5.41 °*Yz SCHEDULED DOC ID: 14171 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-504 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2018: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 22nd day of May,2018, a Local Law entitled "A Local Law in relation to Chapter 71 -"Agricultural Advisory Committee", now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 3rd day of July 2018 at 7:31 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 the Adoption of Chapter 71, "Alzricultural Advisory Committee" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to the Adoption of Chapter 71, "Agricultural Advisory Committee" BE IT ENACTED by the Town Board of the Town of Southold as follows: I Chapter 71 of the Code of the Town of Southold is hereby amended as follows: Chapter 71. AGRICULTURAL ADVISORY COMMITTEE 71-1. Purpose The purpose of this Agricultural Advisory Committee is to: A. Recolznize the importance of agriculture and its industry as both a vital economic driver to the local economy and a mode of land use which provides the Town of Southold with both its rural and rustic character. B. Assure the continued viability of farming as an industry which is important to the local economy. C. Provide for the most beneficial between the use of lands, buildings, and agricultural practices and to further encourage the wise use and management of the natural resources within the Town. D. Provide the Town Board, Planning Board, Zoning Board of Appeals, and other relevant Town boards and committees with a conduit for recommendations from the Town's agricultural industries on the short and Generated May 24, 2018 Page 57 Southold Town Board - Letter Board Meeting of May 22, 2018 _ ___long-term impacts of a variety matters and questions considered by these groups. § 71-2 Definitions As used in this Chapter, the terms used herein are defined as follows: AGRICULTURAL ZONING DISTRICTS - The Agricultural Conservation (A-C) zoning district and any residential zoning districts within the Town of Southold in which agriculture is an allowed use. COMMITTEE -The Southold Town AlZricultural Advisory Committee. 471-3. Composition; membership, terms of office; removal. A. The Committee shall be composed of nine members appointed by the Town Board,who are residents and active owners/operators of bona fide agricultural or aquaculture/mariculture farm operations within the Town of Southold. B. The Town Board shall appoint one of the Committee members to as Chair of the Committee. C. The members appointed to the Committee shall serve for a four-year term. Upon initial formation, two members shall serve for a one-year term, two members for a two-year term and all others for a three-year term. Each year thereafter, reappointments or new appointments will be for four-year terms. D. Appointments shall be from April 1, through March 31. E. Committee members shall serve without compensation. F. Any member who fails to attend at least half of the meetings of the Committee in a given calendar year shall be subject to removal from the Committee by a majority vote of the Committee. .471-4. Powers and Duties: The Agricultural Advisory Committee shall: A. The proposed acquisition of development rights shall be referred to the Committee for review. The Committee shall have 45 days to provide recommendations to the Town Board. B. Review and Report Committee's recommendations to the Town Board and the Planning Board as to changes in policy and rules, including but not limited to proposing revisions to the Town Code of the Town of Southold, which revisions will enhance, but not detract from, the economic viability of the agricultural industries in the Town of Southold. C. Review agriculture-related site plan applications and subdivisions. (1) Any site plan that is related to agricultural activities shall be referred to the Agricultural Advisory Committee for review. (2) Any proposed subdivision of land located in an agricultural zoning district or land currently used for agriculture shall be referred to the Generated May 24, 2018 Page 58 Southold Town Board - Letter Board Meeting of May 22, 2018 Agricultural Advisory Committee for review. -- -- (3) __(3) The Committee shall present advice relating to the desirability of such proposed use or subdivision, includinIz advice as to the nature of farming and farm resources within any proposed or established area. The A14ricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the proposed action. The recommendation(s) shall be advisory only. D. Review proposed zoning changes in agricultural zoninIZ districts. (1) Whenever a proposed zoning, policy change or development (residential, business or industrial) affecting Town alZricultural zoning districts is presented to the Town Board within or contilZuous to a county agricultural district or Town agricultural zones, it shall be referred to the Agricultural Advisory Committee for review. The Agricultural Advisory Committee shall have 45 days to respond with a recommendation(s) for the action(s). (2) The Committee shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. This recommendation(s) shall include a determination as to whether the proposed action(s) will have an unreasonable adverse effect on the continuing viability of a farm enterprise or enterprises within the county or Town agricultural districts. This recommendation(s) shall be advisory only. E. Review local, county, state, and federal legislation affecting the agricultural industry and report their effect to the Town Board. F. Serve as a vehicle for communication between the agricultural community and the Town Board. G. Perform such other duties and functions as may, from time to time, be directed by the Town Board. H. Meet as determined necessary by a majority of the Committee members, but no less than once a month. I. Submit to the Town Board an annual summary of the activities of the Agricultural Advisory Committee. 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. Generated May 24, 2018 Page 59 Southold Town Board - Letter Board Meeting of May 22, 2018 Elizabeth A. Neville Southold Town Clerk Generated May 24, 2018 Page 60