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Home My WebLink AboutTB-07/03/2018 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK ��o�OSUFFO(�COGy PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y7ip1 �yo� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING July 3, 2018 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 3, 2018 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on July 3, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland_ Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present 1. Reports 1. Land Tracking Report 2. Trustees Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 AM -Jack Biggane 2. 9:15 AM - Craig Jobes Southold Town Regular Board Meeting July 3, 2018 page 2 3. 9:30 AM - James Garretson and Ted Webb with Historic Preservation Commission Members 4. 9:45 AM -Amy Folk 5. 10:00 AM -William Achnitz of CDCLI with Denis Noncarrow and Michael Collins 6. Councilman Dinizio 7. Recreational Overlay Zoning 8. Amendments to Chapter 161 with Regard to Street Trees 9. Amendments to Chapter 280 Regarding Helicopters 10. EXECUTIVE SESSION Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 11. EXECUTIVE SESSION -Labor-Matters Involving the Employment of a Particular Person(s) 12. EXECUTIVE SESSION - Potential Litigation 13. EXECUTIVE SESSION- Litigation Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I am going to ask everyone to please stand for a moment of silence we lost a treasured employee of Southold Town. Thank you. Would anyone care to address the Town Board on any of the agenda items? We are having the separate public hearings, we will take comments on those when we go into the public hearings. But on any of the other agenda items, would anyone like to comment? (No response) V. Resolutions 2018-617 CATEGORY. Audit DEPARTMEINIT Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 3, 2018. Southold Town Regular Board Meeting July 3, 2018 page 3 ✓Vote Record-Resolution RES-2018-617 ❑ Adopted 0 Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-618 CATEGORY. Set Meeting DEPARTIVENT. Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 17, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2018-618 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-619 CATEGORY. Contracts, Lease &Agreements DEPARTIIENT. Town Attorney Agreement W/SC Youth Bureau Southold Town Regular Board Meeting July 3, 2018 page 4 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the County of Suffolk Youth Bureau and the Town of Southold, in the amount of$17,464.00 for the term January 1, 2018 through December 31, 2018, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-619 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled [I Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt bill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-620 CATEGORY. Close/Use Town Roads DEYARTHEN T. Town Clerk Old Town Arts & Crafts Gzfild Show Financial Impact: Cost Analysis$217.04 per event RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Old Town Arts & Crafts Guild to hold its annual Arts & Crafts Show on the Village Green in Cutchogue on Saturday August 4, 2018 (r/d August 5) from 8:00 AM to 4:00 PM and Saturday October 20, 2018 (r/d October 21), provided applicant has met all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Failure to comply with policy procedures will result in forfeiture of clean up deposit. ✓Vote Record-Resolution RES-2018-620 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Roland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Southold Town Regular Board Meeting July 3, 2018 page 5 2018-621 C4TEGOR h- Close/Use Town Roads DEPARTHEAiT.• Town Clerk Waive Parking Reg for Southold Yacht Club RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Yacht Club to park overflow vehicles in the town parking lot at Goose Creek Beach, on July 13-14, 2018 (raindate July 15, 2018) for their Annual Around Shelter Island Regatta; July 18-20, 2018 (raindates July 23-24, 2018) for their Annual Carol Smith Regatta and August 9-10, 2018 (raindate August 11, 2018) for the Peconic Gardiners Junior Sailing Association Championship Regatta provided the applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Parking permit requirements shall be waived for participants who do not have Southold Town Beach Parking Permits, placards provided by the Yacht Club should be placed on the vehicle's dashboard for those participants who do not have parking permits. Failure to comply with policy procedures will result in forfeiture of clean up deposit. ✓vote Record-Resolution RES-2018-621 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El ❑ ❑ Rescinded Robert Ghosio Voter 0 i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt H.-wys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-622 C1TEGORY.• Special Events DEPARTJIE;'lTT: Town Clerk Annual Boy Scout Car Shom Financial hnpact• Cost Analysis: $217.04 RESOLVED that the Town Board of the Town of Southold hereby grants pennission to Boy Scout Troop 6 to hold its 27th Annual Antique Car Show on Saturday, September 1, 2018 Southold Town Regular Board Meeting July 3, 2018 page 6 (raindate Sunday September 2, 2018) from 9:00 AM to 4:00 PM at the Peconic Lane Community Center, Peconic Lane, Peconic, provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town's Special Permit Policy. All fees associated with this approval shall be waived, with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2018-622 H Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter H ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter H ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter H ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder H ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover H ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter H ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-623 C9TEGOR K Employment-Town DEPART TENT: Accounting Zoning Board of Appeals Member Resolved that the Town Board of the Town of Southold hereby terminates the appointment of Gerard Goehringer from the position of Zoning Board of Appeals Member effective June 6, 2018. ✓Vote Record-Resolution RES-2018-623 H Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter H ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter H ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter H ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover H ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder H ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter H ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting July 3, 2018 page 7 2018-624 CATEGORY: Special Events DEPARTMENT.• Town Clerk American Legion Car Show Financial Impact: Cost Analysis: $217.04 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 26, 2018 from 8:00 AM to 3:00 PM at the American Legion, Main Road, Southold. They are also requesting Partial closure of Tuckers Lane, provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town's Special Permit Policy. All fees associated with this approval shall be waived,with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2018-624 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt ligwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-625 CATEGORY: Bond DEPARTMENT: Town Clerk Rescind 2018-594 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution#2018- 594 adopted at the June 19, 2018 regular Town Board meeting in its entirety. ✓Vote Record-Resolution RES-2018-625 0 Adopted Yes/Ave N'o/Nav Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ Defeated ❑ ❑ ❑ Tabled William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn .fill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Apin Robert Ghosio Voter 0 ❑ ❑ ❑ 0 Tax Receiver's Appt Louisa P Evans Voter 2 ❑ ❑ 0 Southold Town Regular Board Meeting July 3, 2018 page 8 ❑ Rescinded Scott A Russell Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-626 C4TEGORY.• Bond Public Hearing DEPARTMENT: Town Clerk PH 7/17 4:30 Pm-SWMD Bond WHEREAS, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, in the Town (herein called the "District"), has determined that it is in the best interests of the District to increase and improve the facilities of the District, by the acquisition of two front end wheel loaders at the aggregate estimated maximum cost of not to exceed $500,000, pursuant to Section 202-b of the Town Law; and WHEREAS, it is expected that approximately $25,000 may be received as a trade-in credit for a separate item of equipment, which may be used to pay a part of the cost of the new equipment,; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called "SEQRA") has found and determined that the project is a Type II Action and no further environmental review is required; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, on the July 17, 2018 at 4:30 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the "The Suffolk Times, " hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10)nor more than twenty (20) days before the date of such public hearing. DATED: July 3, 2018 Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold Town Regular Board Meeting July 3, 2018 page 9 Southold, New York, on July 17, 2018, at 4:30 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the increase and improvement of facilities of the Southold Solid Waste Management District, consisting of the acquisition of two front end wheel loaders at the aggregate estimated maximum cost of not to exceed $500,000. The plan of financing includes the issuance of bonds in the maximum amount of $500,000; however, it is expected that approximately $25,000 shall be received as a trade-in credit for a separate item of equipment, which may be used to pay a part of the cost of the new equipment. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. Dated: July 3, 2018 Southold,New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A.Neville, Town Clerk Town of Southold ✓Vote Record-Resolution RES-2018-626 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Welham P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-627 CATEGORY. Public Service DEPARTMENT. Town Clerk Appoint a Teniporaiy Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Lynda M Rudder, as a Temporary Marriage Officer for the Town of Southold, on Monday, July 16, 2018 only, to serve at no compensation. ✓Vote Record-Resolution RES-2018-627 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Southold Town Regular Board Meeting July 3, 2018 page 10 ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-628 CATEGORY: Budget Modification DEPARTMENT.- Accounting 2018 Budget Modification-Capital Financial Impact:Establish budget for HRC DASNY grant project-Building Improvements RESOLVED that the Town Board of the Town of Southold hereby modifies Capital Fund budget as follows: Increase• H.3089.75 State Aid, DASNY Grant $78,615 Total $78,615 Increase• H.1620.2.500.975 Building Improvements $78,615 Total $78,615 ✓Vote Record-Resolution RES-2018-628 0 Adopted ❑ Adopted as Amended ❑ Defeated — - — Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting July 3, 2018 page 11 2018-629 CATEGORY: Refund DEPARTMENT.• Town Clerk Refund of Parking Permit RESOLVED that the town Board of the Town of Southold hereby authorizes a refund of$20.00 to Charles Ley, PO Box 1656, Mattituck,NY 11952 for the purchase of a duplicate parking permit ✓Vote Record-Resolution RES-2018-629 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 10 ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-630 CATEGORY: Refund DEPARTMENT.• Town Clerk Trailer Permit Refired RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $150.00 to Cutting Edge Landscaping, Edward Danowski, PO Box 1118, Mattituck,NY 11952 for over payment of a trailer permit. ✓Vote Record-Resolution RES-2018-630 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Ir Voter 0 ❑ El E] Tabled ❑ Withdrawn William P Ruland Seconder, 0 11 ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 121 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Regular Board Meeting July 3, 2018 page 12 ❑ Lost 2018-631 CATEGORY. Budget Modification DEPAREWENT: Accounting 2018 Budget Modification- Capital Financial Impact:Establish budget for 2018 Road Improvements RESOLVED that the Town Board of the Town of Southold hereby modifies Capital Fund budget as follows: Increase• H.5031.91 Interfund Transfer, Road Resurfacing $750,000 Total $750,000 Increase• H.5112.2.400.200 Permanent Improvements, Capital Outlay FY 2018 Road Improvements $750,000 Total $750,000 ✓Vote Record-Resolution RES-2018-631 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter E ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-632 CATEGORY': Refund DEPAREWEINIP Town Clerk Various Clean Up Deposits Southold Town Regular Board Meeting July 3, 2018 page 13 WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Rotary Club of Southold, Inc 2/13/18 $250.00 Service Account Po Box 420 Southold,NY 11971 Mattituck Lions Club 2/21/18 $250.00 PO Box 595 Mattituck,NY 11952 Mattituck-Laurel Historical Society 4/26/18 $250.00 PO Box 766 Mattituck,NY 11952 ✓Vote Record-Resolution RES-2018-632 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ El ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-633 CATEGORY: Employment-Town DEPARTMENT. Accounting Amend Resolution 2018-586 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018- 586 adopted on June 19, 2018 to read as follows: Southold Town Regular Board Meeting July 3, 2018 page 14 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-122 of the Fishers Island Ferry District adopted June 11, 2018 that appoints Alyssa Hadley to the position of summer seasonal Cashier (FIFD) effective June 21, 2018 at a rate of$12.50 per hour. On September 15, 2018 Ms. Hadley will terminate her summer seasonal position. ✓Vote Record-Resolution RES-2018-633 0 Adopted ❑ Adopted as Amended ❑ Defeated -— — Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Voter D El El El ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Till Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 11 El ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-634 CATBGORY• Employment-FIFD DRPART1YfPNT: Accounting Rate Increase RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-120 of the Fishers Island Ferry District adopted June 25, 2018 that reads as follows: Whereas the Board of Commissioners with RESOLUTION 2018—091 ratified and approved the 2018- 2021 Stipulation of Agreement with the CSEA; and Whereas the pay rate for Frank R. Smith was not included in resolution 2018-091; Therefore it is RESOLVED,with effect January 1, 2018,to increase by 2% Mr.Smith's hourly wage rate from $13.41 to$13.68. ✓Vote Record-Resolution RES-2018-634 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Ir Mover 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ 0 Rescinded Scott A Russell Voter 2 0 0 0 Southold Town Regular Board Meeting July 3, 2018 page 15 ❑ Town Clerk's Appt ❑ Supt H,awys Appt ❑ No Action ❑ Lost 2018-635 CATEGORYEmployment-FIFD DEPA1?TI1lk1E7VT: Accounting Rate Increase RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-121 of the Fishers Island Ferry District adopted June 25, 2018 that reads as follows: WHEREAS the District ratified the August 17, 2017 Stipulation of Agreement with CSEA, Inc. Local 1000, AFSCME,AFL-CIO regarding Advancement Ladders and; WHEREAS said Advancement Ladders define qualifications and minimum wages for certain positions and; WHEREAS, on February 1, 2018 Jonathan Hiller, a Ferry Captain (FIFD), met the qualifications to be advanced to Captain as listed in the Ferry District's advancement ladder, and WHEREAS his manager has recommended such action, it is therefore RESOLVED to promote Mr. Hiller to full time Captain (FIFD)with effect February 1, 2018. Simultaneously, Mr. Hiller is released from his part time Deckhand (FIFD) position. It is further RESOLVED to retroactively increase, beginning February 1, 2018,the hourly wage rate of Jonathan Hiller from $19.87 and $24.89 to$28.00 and to retroactively pay the difference between his contractual wage rates at January 1, 2018 and the Captain wage rate of$28,the total payment equal to $4,147.51. ✓Vote Record-Resolution RES-2018-635 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dimzio Jr Voter 2 ! ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover D ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter z ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt 0 Supt Hgwys Appt Southold Town Regular Board Meeting July 3, 2018 page 16 ❑ No Action ❑ Lost I I 2018-636 CATEGORY.- Advertise DEPARTITENT. Human Resource Center Permission to Advertise for PT Home Health Aide for 2 Weeks RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part-time Home Health Aide for the Social Model Senior Adult Day Care program at the Southold Town Human Resource Center. ✓Vote Record-Resolution RES-2018-636 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 10 ❑ ❑ ❑ ! William P Ruland Mover 21 ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-637 CATEGORY. Refund DEPARTMENT. Town Clerk Refunds for Parking Permits RESOLVED that the Town Board of the Town of Southold hereby authorizes refunds in the amount of$20.00 each to the following two (2) individuals as they paid for resident beach parking permits online but are non-residents: Rosa Naranjo 44-33 106t" Street, Apt#1, Corona,NY 11368 Bing L Xu 1927 81" Street, Brooklyn,NY 11214 Southold Town Regular Board Meeting July 3, 2018 page 17 ✓Vote Record-Resolution RES-2018-637 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James DmlZlo Jr Voter 0 ❑ ❑ Withdrawn ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-638 CATEGORY. Employment-Town DEPARTMENT: Recreation Additional Hire Seasonal Employees -Recreation Department RESOLVED that the Town Board of the Town of Southold hereby rescinds the portion of resolution 2018-519 that was approved at the June 5, 2018 meeting appointing the following summer seasonal employees for the 2018 summer season, June 23 - September 3: STILLWATER LIFEGUARDS HOURLY SALARY 1. Timothy Fabio (3rd year)..................................... $13.61 2. Alison Griffin (1st year)....................................... $13.02 3. Courtney Penny (4th year)..................................... $13.90 4. Mia Vasile-Cozzo (2nd year)............................................ $13.31 5. Lucas Webb (3rd year)........................................ $13.61 RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2018 seasonal summer staff for the period July 5 - September 3 pending successful background search and certification completion as follows: 1. Keith Donovan (1st year)....................................... $13.02 2. Francesca Vasile-Cozzo (1st year)............................ $13.02 3. Olivia Schutte (1st year)....................................... $13.02 ✓Vote Record-Resolution RES-2018-638 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter El ❑ ❑ ❑ ❑ Defeated William P Ruland Voter ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter D ❑ ❑ ❑ 0 Withdrawn Robert Ghosio Mover El 0 ❑ ❑ Southold Town Regular Board Meeting July 3, 2018 page 18 ❑ Supervisor's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter j 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-639 CATEGORY: Advertise DEPARTMENT: Recreation Advertise for Program Instructors RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's Office to advertise for Program Instructors and specifically instructors to provide programming for people with special needs for the Recreation Department. ✓Vote Record-Resolution RES-2018-639 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ El ❑ No Action ❑ Lost 2018-640 CATE,GOR Y• Employment-FIFD DEPARTWENT: Accounting Appoint Freight Agent RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2018-123 of the Fishers Island Ferry District adopted June 28, 2018 that Southold Town Regular Board Meeting July 3, 2018 page 19 appoints Kevin Carroll to the position of Full Time Freight Agent effective July 5, 2018 at a rate of$18.00 per hour. ✓Vote Record-Resolution RES-2018-640 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dimzio Jr Voter E ❑ El ❑ Supervisor's Appt William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover E ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-641 CATEGORY.• Employment-Town DEIPARTI MNT: Accounting Appoint PT Home Health Aide-Jennifer Simek RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer Simek to the position of a Part-Time Home Health Aide for the Human Resource Center, effective July 9, 2018 at a rate of$15.00 per hour,not to exceed 17.5 hours per week, pending background search completion. ✓Vote Record-Resolution RES-2018-641 E Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover E ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter E ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder E ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter E ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-642 Southold Town Regular Board Meeting July 3, 2018 page 20 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Ubaldino Perez PT Maintenance Mechanic I RESOLVED that the Town Board of the Town of Southold hereby appoints Ubaldino Perez to the position of Part Time Maintenance Mechanic I for the Human Resource Center effective July 9, 2018, at a rate of$18.54 per hour, not to exceed 17.5 hours per week, upon successful Civil Service and background completion. ✓Vote Record-Resolution RES-2018-642 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-643 CATEGORY. Refund DEPARTMENT: Town Clerk Refund Parking Permit- Giuliano RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$20.00 to Kelly Giuliano, 23 Amber Trail, Madison, CT 06443 for a duplicate parking permit purchased in error. ✓Vote Record-Resolution RES-2018-643 0 Adopted ❑ Adopted as Amended _ ❑ Defeated Yes/Ayc No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder D ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Regular Board Meeting July 3, 2018 page 21 2018-644 CATEGORY.- Ratify Fishers Island Reso. DEPARTMENT. Fishers Island Ferry District FIFD 6/25/18 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated June 25, 2018, as follows: FIFD resolution# Regarding 2018-116 Health Re-imbursement Agreement 2018-117 USPS Mail Contract 2018-118 Docko, Inc/Dredging ✓Vote Record-Resolution RES-2018-644 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ 0 ❑ Rescinded Robert Ghosio Voter 0 i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-645 CATEGORY.• Special Events DEPARTMENT. Town Clerk Mattituck Greek Festival July 21St and July 22Nd RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Transfiguration of Christ Greek Orthodox Church to hold its Annual Greek Festival on July 21 st 3 pm to 11 pm and July 22, 2018 from 12:00 PM to 4:00 PM provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Southold Town Regular Board Meeting July 3, 2018 page 22 ✓Vote Record-Resolution RES-2018-645 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn .lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doheny Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-646 CATEGORY: Ratify Fishers Island Reso. DEPARTr11F.NT: Fishers Island Ferry District FIFD 6/28/18 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated June 28, 2018, as follows: FIFD resolution# Regarding 2018-124 Vision Insurance ✓Vote Record-Resolution RES-2018-646 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dm¢ioJr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-647 Southold Town Regular Board Meeting July 3, 2018 page 23 CATEGORY. Close/Use Town Roads DEPARTMENT. Town Clerk Waive Parking Reg for Old Cove Yacht Club RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Old Cove Yacht Club to park overflow vehicles on Old Harbor Road,New Suffolk on July 6, 2018 for the Old Cove Invitational Regatta provided the applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Parking permit and trailer permit requirements shall be waived for participants who do not have Southold Town Beach Parking Permits and/or Trailer Permits,placards provided by the Yacht Club should be placed on the vehicle's dashboard for those participants who do not have parking permits and/or trailer permits. ✓Vote Record-Resolution RES-2018-647 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmuzuo Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-648 CATEGORY.- Budget Modification DEPARTMENT. Solid Waste Management District SWMD Budget Mods Financial Impact:Provide fiinding for lvelding supplies for repairs to grinder floor;forklift brake parts, traffic paint, scale house air conditioner; repairs to scale house phone line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: From SR 8160.4.100.608 Composting Urea $1,000 SR 8160.4.400.200 Building Maintenance 800 Total $1,800 To: Southold Town Regular Board Meeting July 3, 2018 page 24 SR 8160.4.100.400 Welding Supplies $ 700 SR 8160.4.100.600 Misc Equip Maint/Supplies 500 SR 8160.4.100.800 Maint-Facilities/Grounds 600 Total $1,800 ✓Vote Record-Resolution RES-2018-648 RI Adopted ❑ Adopted as Amended ❑ Defeated — Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 121 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-649 CATEGORY: Budget Modification DEPARTMENT.- Police Dept Police Department-Budget Modification Financial Impact:Reallocation of funds for Grathwohl retirement from reserve to sick earnings line for pay out. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Whole Town Fund budIzet as follows: From: A.1990.4.100.200 Police/Retirement Reserve $125,181 Total $125,181 To: A.3120.1.100.400 Police/PS/Sick Earnings $125,181 Total $125,181 ✓Vote Record-Resolution RES-2018-649 D Adopted - - - Yes/Aye i No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated lames Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter RI ❑ ❑ ❑ El Withdrawn Jill Doherty Seconder 0 ❑ El ❑ Supervisor's Appt Robert Ghosio Voter CEJ ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 121 ❑ 0 0 Southold Town Regular Board Meeting July 3, 2018 page 25 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-650 CATEGORY. Budget Modification DEPARTMENT. Public Works DPW Budget Mod Financial Impact: Transfer money into Vehicle Maintenance &Repair account to cover future expenses RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Public Works budget as follows: From: A.1620.4.100.550 Equipment Parts & Supplies $1,500. Total $1,500. To: A.1620.4.100.650 Vehicle Maintenance & Repair $1,500 Total $1,500 ✓Vote Record-Resolution RES-2018-650 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _. ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-651 CATEGORY: Contracts, Lease & Agreements DEPARTMENT,• Town Clerk Southold Town Regular Board Meeting July 3, 2018 page 26 Lead Service Line Replacement Program Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Town Supervisor to execute Master Grant Contract DOHO1-C33205GG-3450000 with New York State's Department of Health for the Lead Service Line Replacement Program, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-651 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ El❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Mover ❑ El El ❑ Tax Receiver's Appt Jill Doherty ! Voter 0 11 11 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt H.-wys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-652 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Town Clerk FIUC Lead Service Line Replace Agreement RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute a"services agreement with the Fishers Island Utility Company for assistance in the implementation of the Lead Service Line Replacement Program, subject to approval by the Town Attorney. ✓Vote Record-Resolution RES-2018-652 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled lames Dmizio Jr Voter D ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwvs Appt ❑ No Action 0 Lost Southold Town Regular Board Meeting July 3, 2018 page 27 2018-653 CATEGORY.• Contracts, Lease&Agreements DEPAR THE NT: Town Clerk Greenport Village Lead Service Line Agreement RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute an intermunicipal agreement with the Village of Greenport regarding the Village's participation in the Lead Service Line Replacement Service Program, subject to approval by the Town Attorney. ✓Vote Record-Resolution RES-2018-653 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 0 0 ❑ ❑ Supervisor's Appt William P.Ruland Voter R1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 1 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-654 CATEGORY: Contracts, Lease &Agreements DEPARTMENT: Town Attorney FIBP- William Wall RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and William Wall of Mystic, Connecticut, to perform services as a Fishers Island Bay Patrol, effective May 1, 2018 through December 31, 2018, at a compensation rate of$2,576.56,plus approved expenses, subject to the approval of the Town Attorney; and be it further ✓Vote Record-Resolution RES-2018-654 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended James Dimzio Jr Mover El ❑ 0 ❑ Southold Town Regular Board Meeting July 3, 2018 page 28 ❑ Defeated William P.Roland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt H,-wys Appt ❑ No Action ❑ Lost 2018-655 CATEGORY. Contracts, Lease&Agreements DEPARTiVENT.• Town Attorney FIBP-Peter Wall RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Peter Wall of Noank, Connecticut, to perform services as a Fishers Island Bay Patrol, effective May 1, 2018 through December 31, 2018, at a compensation rate of$2,576.56, plus approved expenses, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-655 0 Adopted ❑ Adopted as Amended ❑ Defeated j Yes/Aye , No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizto Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-656 CATEGORY. Contracts,Lease &Agreements DEP_AREVEtVT. Town Attorney FIBP-L White Southold Town Regular Board Meeting July 3, 2018 page 29 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and Lincoln White of Darien, Connecticut, to perform services as a Fishers Island Bay Patrol, effective May 1, 2018 through December 31, 2018, at a compensation rate of$1,296.88, plus approved expenses, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-656 E1 Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmtzto Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-657 CATEGORY. Refund DEPARTMENT. Town Clerk Parking PerInit Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $300.00 to Jude Santora, 36 Niewood Drive, Ridge,NY 11961, for a Non-resident permit that was purchased but can not be used for Town ramps. ✓Vote Record-Resolution RES-2018-657 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled - Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 121 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 121 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Seconder M ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 1 ❑ El ❑ No Action 0 Lost Southold Town Regular Board Meeting July 3, 2018 page 30 2018-658 CATEGORY: Advertise DEPARTMENT.• Town Clerk Advertise for Resumes for Agricultural Advisory Committee RESOLVED the Town Board of the Town of Southold herey authorizes and directs the Town Clerk to advertise for resumes for the Agricultural Advisory Committee. ✓Vote Record-Resolution RES-2018-658 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-659 CATEGORY: Employment-Town DEPARIME,NT. Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Kevin Izzo to the seasonal position of Pumpout Boat Operator for the Trustees, effective July 6, 2018 through September 30, 2018, at a rate of$20.00 per hour, pending background search completion. ✓Vote Record-Resolution RES-2018-659 Rl Adopted ❑ Adopted as Amended _ ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter ID ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter ID ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Regular Board Meeting July 3, 2018 page 31 2018-660 CATEGORY. Local Law Public Hearing DEPARTMENT. Town Attorney PH 7/31 7:31 Pm-LL Chapter 280 Helicopters . WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 3rd day of July, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, `Zoninlz' with regard to Helicopters" 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 the Southold Town Hall, 53095 Main Road, Southold,New York, on the 31St 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 Amendments to Chapter 280, `Zoning' with regard to Helicopters" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters". BE IT ENACTED by the Town Board of the:Town of Southold as follows: I. Purpose. To modify and clarify certain provision of the Town Code as it pertains to helicopters in order to better protect the quality of life enjoyed by Southold Town residents. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200-and R-400 Districts, 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. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-20101 B. Uses permitted by special exception by the Board of Appeals. The following uses are f Southold Town Regular Board Meeting July 3, 2018 page 32 permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L.No. 18-2005; 6-15-2010 by L.L. No. 2-2010] C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280- 15 herein: (12) Use of aircraft in agricultural operations, provided that: (a) the use has been granted a special exception from the Zoning Board of Appeals. (b) in addition to the criteria for a special exception set forth in 280-142 7 143, the ZBA shall considering the following criteria: (1) the anticipated frequency of flillhts (2) the location of the proposed landing and take-off zone (3) the location of residences (4) the type of aircraft being used (c) Notwithstanding the forgoing, the use of aircraft shall be limited to spraying crops, surveying, fields and transporting employees and shall not be used for transporting non-employees to and from the subject premises. Article XXII. Supplementary Regulations § 280-111. Prohibited uses in all districts. [Amended 11-24-1992 by L.L.No. 26-1992; 8-8-2006 by L.L.No. 7-2015; 8-25-2015 by L.L. No. 7-2015] C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating Southold Town Regular Board Meeting July 3, 2018 page 33 oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance or hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient rental properties. K. Aircraft prohibited. 1. Helicopters prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of Southold. 2. Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any seaplane on or from the waterways under the jurisdiction of the Town of Southold Board of Trustees. 3. This ordinance shall not apply to Town owned airfields, medical or police emergency landings and takeoffs or aircraft involved in medical or military emergencies. 4. This ordinance shall not apply to the use of aircraft as an accessory use to agricultural production as set forth in section 280-13(c)(12). Southold Town Regular Board Meeting July 3, 2018 page 34 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-2018-660 0 Adopted ❑ Adopted as Amended ❑ Defeated - ' Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter z ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover z ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter z ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-661 CATEGOR Y.• Local Law Public Hearing DEPARTMENT: Town Attorney PH 8/14 4:31 Pnz- Chapter 161 Street Trees WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 3rd day of July, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 161, Street Trees" 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 the Southold Town Hall, 53095 Main Road, Southold,New York, on the 14th day of August, 2018 at 4:31 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 Amendments to Chapter 161, Street Trees" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 161, Street Trees". Southold Town Regular Board Meeting July 3, 2018 page 35 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To allow for more flexibility in the authorizing of trees to be planted and to clarify the role of the town engineer in the process. II. Chapter 161 of the Code of the Town of Southold are hereby amended as follows: § 161-44 Street trees. Prior to planting, the Planning Board shall be notified as to a time and place where the trees may be inspected. Any trees that are deemed to be unacceptable, which have been planted without proper notification, will be subject to rejection and removal. On large subdivisions with multiple streets, serious consideration shall be given to planting more than one species of tree. A. All trees shall be of freshly dug nursery stock and shall have grown for a period of at least two years, under the same climatic conditions as the location of the development. They shall be of symmetrical growth, sound, healthy, free from insect pests, disease and suitable for street trees. The average trunk diameter at a height of four inches above the finished ground level shall be a minimum of 2 1/2 inches to three inches, depending on good practice, with reference to the particular species to be planted. B. Trees shall be planted at intervals of 30 feet to 40 feet depending on the species, and the trees shall be located five feet outside the right-of-way on private property. The street trees shall be planted on both sides of the street and the spacing and locations of all trees shall be approved by the Superintendent of Highways and the Planning Board. In order to provide visibility for traffic safety, no trees shall be planted within a minimum length of 20 feet from the ends of the right-of-way curve radius at intersections. [Amended 12-12-19951 C. Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than three feet. In no case shall the distance from the ball to the side of the pit be less than six inches. All pits shall have vertical sides unless otherwise directed. The soil shall be made loose and friable for a depth of one foot below the bottom of all pits. D. Where, in the opinion of the Town Engineer, the subgrade material is unsuitable,the size of the pits shall be dug wider and deeper than normally required. The bottom and sides shall be backfilled with topsoil and thoroughly worked into place. E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75% topsoil and 25% manure. Trees shall be handled so that the ball will not be loosened. After the backfill has been firmed under the ball and around it in six-inch to eight-inch lifts, it shall be thoroughly settled with water. Southold Town Regular Board Meeting July 3, 2018 page 36 F. Staking of trees shall be done immediately after planting and maintained until final acceptance. Trees shall stand plumb after staking and shall be supported by two stakes, eight feet or more in length, driven into the ground for three feet and fastened securely with double strand No. 12 steel wire through reinforced black rubber hose at the trees. G. Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height of the first branches. H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts painted with an approved tree paint depending on the size of the cuts. All trees shall be sprayed with an approved antidessiccant, using a power spray to apply an adequate film over trunks, branches and/or over the foliage when directed by the Town Engineer. I. At the time of planting, the soil around the trees shall be thoroughly saturated with water and as many times thereafter as seasonable conditions require during the period to final acceptance. J. Trees shall be planted from March 1 to May 1 and from October 15 to December 1, or at such other times as the Town Engineer may direct. K. Only the folio in- c i varieties for street trees contained in a list adopted by the Town Board by resolution based upon recommendation of the Tree Committee shall be are acceptable for plantinIZ.t 40 Aeer saeehar-um Sugar maple 40 �x11,�ash 30 40 ey loeu -30 Quereus is iced oalE 40 Quereus palustris Pin 0al 40 Tilia eor-data Little leaf linden 30 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 Southold Town Regular Board Meeting July 3, 2018 page 37 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-2018-661 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ' Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Voter 0 ❑ ❑ El ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-662 CATEGORY. Contracts, Lease &Agreements DEPARTMENT. Town Attorney Agreement Cancellation-Dunn RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to cancel the Agreement between the Town of Southold and Dunn Engineering for the "Love Lane Traffic Study" due to failure of Dunn Engineering to comply with the terms of the Agreement, , subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-662 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Tames Dmizio Jr Voter 0 El ❑ ❑ Supervisor's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 1 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting July 3, 2018 page 38 2018-663 CATEGORY: Enact Local Law DEPARTMENT. Town Clerk Enact LL - Chapter 71 -Agricultural Advisory WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 22"d 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. 7 of 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 e_ 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. Southold Town Regular Board Meeting July 3, 2018 page 39 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. X71-3. 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. P. Any member who fails to attend at least half of the meetings of the Committee in a given calendar year shaII 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 Southold Town Regular Board Meeting July 3, 2018 page 40 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. ✓Vote Record-Resolution RES-2018-663 Rl Adopted Yes/Aye Adopted as Amended s/Aye No/Nay Abstain Absent James Duuzio Jr Voter ❑ D ❑ ❑ ❑ Defeated ❑ Tabled William P Ruland Voter Rl ❑ ❑ ❑ ❑ Withdrawn .till Doherty Voter D ❑ ❑ ❑ 0 Supervisor's Appt Robert Ghosio Seconder 10 ❑ ❑ 0 Southold Town Regular Board Meeting July 3, 2018 page 41 ❑ Tax Receiver's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-664 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact LL- Chapter 205 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 Amendments to Chapter 205, Public Entertainment and Special Events" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons 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 Amendments to Chapter 205,Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 8 of 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 205. Public Entertainment and Special Events Article I. General Provisions § 205-1. Purpose. It is the intent of this chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order and the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. § 205-2. Definitions. Southold Town Regular Board Meeting July 3, 2018 page 42 As used in this chapter, the following terms shall have the meanings indicated: PARKING CAPACITY - For the purposes of this chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according to a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT -.Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable zoning district or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following: A. The closing of a public street. B. The use, blocking or restriction of Town property, roads or rights-of-way; C. The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. D. The sale of merchandise that is not ordinarily sold in the normal course of the applicant's business. E. The sale or service of food to the public with the exception of the following: (1) On land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or (2) On land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily complement wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. F. The substantial increase or disruption of the normal flow of traffic on any street or highway. G. The placement of portable toilets. H. The placement of temporary no-parking or directional signs or banners. I. The use of any Town services that would not be necessary in the absence of such an event. SPECIAL EVENT COMMITTEE The Special Even Committee, also referred to in his chapter-as the "Committee" shall review applications forwarded to it by the Town Clerk's Office. The Committee shall make determinations as to the completeness of the application, request further documentation as it deems necessary as set forth in this Chapter, and make recommendations to the Town Board as to whether the application should be granted or denied. The Committee shall consist of: the Government Liaison Officer, who shall act as the Chairperson; the Chairperson of the Zoning Board of Appeals or his or her designee; the Planning Director or his or her designee; the Chief of Police, or his or her designee, and; the Chief Building Inspector, or his or her designee. The Town Attorney shall act as counsel to the Committee. The Town Board shall appoint a secretary to assist the Committee in the processing of applications. Southold Town Regular Board Meeting July 3, 2018 page 43 205-3. Permit required. A. To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold unless a special event permit is obtained in accordance with the requirements set forth in this chapter and as follows: (1) All special eventsvu v „ I ' at p o,.�, nd it expeeted .,+tend of less ri 'uw r" than 1,000 Vl Appeals f iJ 111 Uee V1UaU it the tefms set forth n,-tiele 11 of this ehapt r shall require the issuance of a Special Event Permit by a resolution of the Town Board. 1,000,attendees or-speeial evepAs on Town preperty shall obtain the approval 0 the Town Board as set fei4h in Artic-le TTS! of this ehaptcr B. The provisions of this chapter shall not apply to: (1) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events,holidays, charitable or other not-for-profit fundraisers; however, any use of residential property for profit, such as a venue for weddings or other events, is prohibited. _Article II. Special Events Requiring Chairperson of Zoning Board of Appeals Approval Permit Application Requirements and Procedure § 205-4. Application requirements. The following information and materials are to be submitted with an application for a special event permit. The Zoning Board of Appeals ^ffi^e ,.r accept ^A single application maw made for a recurring event or a series of similar events (not to exceed six in a three-month period) that are of like size and scope. A. A completed special event application form which includes the following information: (1) The name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (2) The address of the event location. (3) The proposed dates and hours of the special event, including setup and shutdown times. Southold Town Regular Board Meeting July 3, 2018 page 44 (4) The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) The name, address and telephone number of the person(s)who will be engaged in the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority license and County Department of Health Services permit number for the activity. (7) The name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department. (9) Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of$1,000,000 per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. The appropriate An application fee. (1) The fees for Special Event permits shall be proscribed by a resolution of the Town Board i the folio * b is for o c event: ffi�or-evepAs where the expeeted attendanee is less than 500 attendees: $150. r =�vr-cvcircowhere the €-Xpccccci-attendance iT✓v0cv-rvv0ccrrencc Z✓v: Oh==Applieafiens that are submitted less than 60 days prior-to the proposed event may be r-ejeeted or subjeet to a late pr-eeessing fee of$250. C. A general description of the proposed event including: (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) The names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators, exhibitors, vendors, employees and organizers. (5) The location of all exits. (6) The location of all fire extinguishers and other fire safety equipment. Southold Town Regular Board Meeting July 3, 2018 page 45 (7) The location of all temporary utilities to be installed for the event, if any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 square feet per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) A plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (13) The location and a description of any additional lighting to be utilized in conjunction with the event. (14) The location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. F. A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. G. A minimum cleaner deposit of$250. F-.H. The_Chair-per-son Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date,time and location of the proposed special event. CSI. Notwithstanding the foregoing, the Chairperson of the Zoning Board ofAppeals Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in § 205-5E(1) through (15) or for the protection of health, safety and welfare. The Town Board's determination of any waiver request shall be in writing to the applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interest. § 205-5. Application review procedure and standards. A. All applications for a special event permit must be submitted at least 60 days prior to a proposed event to the Zoning Beaf' of kppe '-s Town Clerk's Office. Any applica that is net eomplete may of be aceepted and ^ preeessed. Upon receipt of an application for a special event permit the Town Clerk shall cause the application to be forwarded to the Special Event Committee. B. Upon receipt of an application, the Committee shall review the application and make a determination as to completeness. When the Chairperson of the Zoning ' eaM of Appeals Upon making a determination that the application is complete, detefmines s�:a �pplieatio plete, the Chuir��n.Committee shall cause the application and u iia.�.cc related documentation to be distributed to any Town, county or state agencies that may Southold Town Regular Board Meeting July 3, 2018 page 46 have jurisdiction over the event for their review and comment on any of the criteria set forth in § 205-5E of this article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Office of the Zoning Board of Appeals,the Suffolk County Planning Commission, the Land Preservation Department, the Code Enforcement Department, the Fire teeter Marshal, the Assessors' Office and/or the Town Attorney. C. Upon receipt of comments, the the Chair-per-sen of the Zoning Board of Appeals s Committee shall review the complete application and make a recommendation to the Town Board as whether to grant the application, deny the application, or grant the application with conditions. In considering whether to recommend approval or denial of the application, the Committee shall consider the criteria set forth in subsection LLE" of this section. a ts to the propesed event application.- UI+LI'l 11111 llJ whether-tV Slin D. , Chairperson of the Zoning Board of Appeals may deny or-approve the appheation with eenditions The Committee shall make a recommendation to the Town Board within 30 days of receipt of a complete application. E. Upon receipt of an application from the Special Events Committee, the Town Board shall review the application and make a determination whether to; grant the application as applied for, den the application, or grant the application with conditions. In making its determination the Town Board shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highways and other means of transportation to and from the site. (4) The impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) The need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) The impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) The impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in Subsection E(4), (5), (6), (7) and (8) above. Southold Town Regular Board Meeting July 3, 2018 page 47 (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the general public. F. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. G. Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. If the costs incurred by the Town exceeds the amount deposited, the applicant shall be responsible for the additional costs incurred by the Town as a result of the Special Event. H. A special event permit is not transferable and shall expire at the close of the event(s) for which it is issued. I. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. J. Applications for tent permits required for any event must be submitted directly to the Building Department. K. At the sole discretion of the Committee, applications that are submitted less than 60 days prior to the proposed event may be rejected or be considered subject to the applicant payin ag late processing fee. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the the Ghaifper-son of the Zoning Board E)f Appeals Town Board may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application sULJL1iaed to the O ffiee of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse the determination the rhaifperson of the Zoning Board of Appeals its prior decision subject to any conditions deemed appropriate under the circumstances. Artiele TTL C,-eei l Events Requiring T...,,,, R.,a Ap ,,...,1 [11 Ll VlV 111. b § 205 7. Events told on Town lands events o edin g 1,000 „#en Southold Town Regular Board Meeting July 3, 2018 page 48 Clerk 60 days prior-to the proposed evepA. in reviewing applieations for sueh events, t Town Board may eonsider the following eriteria in addition to the efiteria set forth in enc 5E el,oye parking,(1) The size of the p.-,...*,-, i...-lation to the number of people a4tending the event. (2) The suffleieney of arrangements made to eentrol traffie, rtoise, and refuse-. (3) The frequeney of events proposed or approved for the premises and whether- ft-equeney fis so great that the events eonstitute a persistent usage of the property ,. +;1,10 , ith it's el,ar eter o ,+1, thatoten .,ld;r. . e inivlil1.lu ; fh o Coir�Qic-ts with ..,-roar-public, of the land, r-oads or f iii cieTizz' olved. (5) Whethef the applieant has been eenvieted for failure to eomply with the terms of this ehapter within the past t1,r00 years. YLr Es from the Friday before the obser„ere0 of AOm ,riel Day until Tabor Day. ( 7) if two events witl, a 0e+0,d ettende.,e0 of more than 1,000 people are- seheduled \1 J 11 LYVV Vl 111V3V , the 7 Town Board will .determine if there a adequate resources for the 0 r,+n if there 1VVr11 LVulU VV 111 determine safety,are not suffleient r-esotifees to ensure publie health and the Town Board shall deny one or-mere permits if the impaets of the everAs eannot be mitigated. When .deeildin ,,,l,ic event to .d0„[, .-.[[,., Board shell consider +1 0 e�rr�'lr g , the T fella V u !el Whether the event is o (b) Whether the site has been subjeet to a violation within the last three years.- J L' Lel The .dote the permit a pliee+i..„ . submitted. \ (d) if events n rr0.d the prior- eel0„rler year-, the Chairperson of t1, Zoning Board of A Appeals shall a sider what their; e+, on that area of+1 (e) Whether the event will yield a donation to o or more 1.,eal ehariti€s. B. For any speeial event that is to be held on land ovffied, !eased or-eontrolled by the To of Southold, the . pheetion shell elu d0 the fell,,,.;,,- TJ ] !el The n ailing address, ffiail address and telephone tuber/nl of+1.0 `Ul The 11Ullle, mailing uU , 0 /n\ who will be o g the event and who a >, 1,0 a r,+„et0.d p pert Vll`J, vV 11V Vrrll VV to and .d,,,ing the 0 r,+ by Tr..,,n of'f;eieln !1.\ The proposed event loee+ion and +„ 0 of event. LVA r. The pr^Pvsccdates and hours of the P ccrer1 event,-including setup and shutdown times (d) The 0 0et0.d m number of r,0rn„r.n ;r+ori de d to use the property .,t `U, The VAdl lil�LLiU 111 1 one time e...d alleet.[ 01[ elu d, employees, vendors,, Vlll• Lllllli U11U VVliL �, [ n' o exhibitors and Jp0etet„•nLp r+;eine,+n . but 7 iiVc 1111 0.d + l.m,tto, „ no„lir eelen„r0n � ,d (2) An applieation fee in the sum of$250 for events where the expeeted attendanee Southold Town Regular Board Meeting July 3, 2018 page 49 does not exeeed 1,000 attendees. (3) A certifieate of insuranee not less than $2,000,000 naming the Town of Sout as an additional roil \tel (5) Where the Town determines!hat there is no speeiffe Town beriefit from the e er that the event is eendueted for profit, an additional deposit shall be made in an amount LV VV UI.L1.11111111iU prior-to issuanee of the permit based upen the estimated difeet eosts attributable to additional 7 with the event. After the ear e,,+�rr,�zrepositt willnl be used to eever such e0sts, and any 111 V111eJ remaining„ j ter'r'y additional inferination required by the Ton GleTir G. For any speeial event where the expeeted a4efidanee exeeeds 1,000 7 applieation shall inelude all information required under § 205 7 7 D and E as well as the f011OWingL (1) An n pheatio, foo of$350. (2) A eertifieate of insuranee not less than $2,000,000 naming the Town of Southe-ld as an nddit;e„nl insured. (3) The Town Board .., teclai.,the appheant to send and provide certifioation vv11LLV1111V L1VV was JVlll LV everyproperty owner-abutting or adjaeentte hold,property where the evePA is to be as shown on the eurFePA Town of Southold assessment 1V11, (Al1U Ull V V L13' opposite (by extension of the lot lines through street or wa�of the property-that esrthe suvfvct-vrthe—c^ppricutieir.-Said t1LT-lnnno tti�yE�eyyn,'�all include foregoing, l� �da4e, time and loeation of the�posed�eEi-al-event. P. NotYY ithstaiiding the 1or+� , he TV vai Board, upen request by an p t, may waive iii h 1 part+ Ull,' Vl Lf+hlll. foregoing plieatio . r ,,.1 „+n , n f; ,,,.T L that said r-equ—' e...e.... ate notneeess y for proper-eonsideration of a permit applieation or for-the preteetion of health, safety and welfare. The Tov,%-Board resolution shall specify the reason for the or denial. Tf'., waiver is grafAed, the Town Board may CprL.LLLUIill uppri� luL Article IV III. Enforcement 205-8. Modification or rescission of permit. If, after a permit is issued, the Chairperson „f•the Zoning Board of Appeals the Town Board determines that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. § 205-9. Penalties for offenses. A. It shall be unlawful for any owner, occupant or his/her agent or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector Southold Town Regular Board Meeting July 3, 2018 page 50 or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. B. For each offense against any of the provisions of this chapter or failure to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or his/her agent or any other person who commits,takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine of not less than $500 and not more than $1500.0 $3,000.00. (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500 and not more than $1,500.00 $3,000.00. (3) For each subsequent offense of§ 205-91](1) or(2), violators shall be guilty of a misdemeanor and/or subject to a fine of not less than$500.00$1,000.00 nor more than $5,000. C. No new special event permits will be issued to any property owner, occupant or his/her agent if such person is a named defendant in an outstanding or unresolved violation of this chapter. D. The Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 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-2018-664 0 Adopted -- - - -- -------- - -- - - - - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter ❑ 0 ❑ ❑ ❑ Tabled William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder; 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt 0 Supt Hgwys Appt Southold Town Regular Board Meeting July 3, 2018 page 51 ❑ No Action ❑ Lost Comments regarding resolution 664 COUNCILMAN RULAND: Before I vote, I am going to comment. I listened to a lot of discussion, I've listened to a lot of discussion prior to this, I have listened to a lot of people prior to this. I determined in my mind is the proper way to move forward is in a parallel course, that is, to adopt these changes tonight and at the same time make a challenge to myself and the industry that it's time to move 205 reviews forward as soon as possible. Let's set an agenda that we can all agree on and delve into the issues that were quite clearly defined in this room as being many of which, Leslie talked about and many of which the speakers talked about. I think that from my perspective, the, we've held the chair of the ZBA hostage long enough and at the same time, there is certainly room for parallel effort to discuss and consider the very things that were brought up by the people who testified tonight. I vote aye. SUPERVISOR RUSSELL: I also want to echo what Bill said, the legislation, the code as it existed does need reworking, there's no doubt about this. This particular change has no impact, no new restrictions on special events and I am certain it will have no impact other than who reviews it in-house, the impact is going to be on us, not you. And the only way I am going to prove that, I am going to support this and it's special event season, I have the next few months to prove it to you. I vote yes. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:56 PM in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearings 1. PH 7/3 7:31 Pm - Chapter 71 Agricultural Advisory Committee 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 22"d 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 Southold Town Regular Board Meeting July 3, 2018 page 52 persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Adoption of Chanter 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 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 Town Regular Board Meeting July 3, 2018 page 53 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 recommendations) 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 Southold Town Regular Board Meeting July 3, 2018 page 54 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. 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 VAN 3OURGONDIEN: 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. Southold Town Regular Board Meeting July 3, 2018 page 55 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 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. Southold Town Regular Board Meeting July 3, 2018 page 56 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. 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 Southold Town Regular Board Meeting July 3, 2018 page 57 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. 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? Southold Town Regular Board Meeting July 3, 2018 page 58 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 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? Southold Town Regular Board Meeting July 3, 2018 page 59 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 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. Southold Town Regular Board Meeting July 3, 2018 page 60 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? 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) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. Ph 7/3 7:32 - Chapter 205 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 22nd day of May, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" and Southold Town Regular Board Meeting July 3, 2018 page 61 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 3"d day of July, 2018 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 Chanter 205, Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 205. Public Entertainment and Special Events Article I. General Provisions 205-1. Purpose. It is the intent of this chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order and the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. § 205-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: PARKING CAPACITY - For the purposes of this chapter,parking capacity shall be the number of cars, limousines or buses permitted on the site according to a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT -Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable zoning district or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following: A. The closing of a public street. B. The use, blocking or restriction of Town property, roads or rights-of-way; C. The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. D. The sale of merchandise that is not ordinarily sold in the normal course of the applicant's business. Southold Town Regular Board Meeting July 3, 2018 page 62 E. The sale or service of food to the public with the exception of the following: (1) On land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or (2) On land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily complement wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. F. The substantial increase or disruption of the normal flow of traffic on any street or highway. G. The placement of portable toilets. H. The placement of temporary no-parking or directional signs or banners. I. The use of any Town services that would not be necessary in the absence of such an event. SPECIAL EVENT COMMITTEE The Special Even Committee, also referred to in his chapter as the "Committee" shall review applications forwarded to it by the Town Clerk's Office. The Committee shall make determinations as to the completeness of the application, request further documentation as it deems necessary as set forth in this Cha ter and make recommendations to the Town Board as to whether the application should be granted or denied. The Committee shall consist of: the Government Liaison Officer,who shall act as the Chairperson; the Chairperson of the Zoning Board of Appeals or his or her designee; the Planning Director or his or her designee; the Chief of Police, or his or her designee, and; the Chief Building Inspector, or his or her designee. The Town Attorney shall act as counsel to the Committee. The Town Board shall appoint a secretary to assist the Committee in the processing of applications. § 205-3. Permit required. A. To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold unless a special event permit is obtained in accordance with the requirements set forth in this chapter and as follows: (1) All special events epei4y and with an expeeted a4tendanee of less than 1,000 attendees J1h1aU1l1l approvalof the Chairperson of the Zoning Board of Appeals iil-c".Lci." l,raa itthe terms of r ,.�t, ^ . n Aiele 11 of thi ,hapto, shall l ll require the issuance of a Special Event Permit by a resolution of the Town Board. (2) All speeial events on private property with an expeeted altendance exceedinb ,000 attendees or specialeventsroperty shall the ^ ^l ^� V Town vv 11 LVUrd as set foi4h in Aftiele H! of this ehapter-. B. The provisions of this chapter shall not apply to: (1) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; Southold Town Regular Board Meeting July 3, 2018 page 63 (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers; however, any use of residential property for profit, such as a venue for weddings or other events, is prohibited. Article II. Special Events Requiring Chairperson of Zoning Board of Appeals Approval Permit Application Requirements and Procedure 205-4. Application requirements. The following information and materials are to be submitted with an application for a special event permit. The Zoning Board of Appeals office may aecept aA single application may be made for a recurring event or a series of similar events (not to exceed six in a three-month period) that are of like size and scope. A. A completed special event application form which includes the following information: (1) The name, address and telephone number(s) of the person(s)who will be organizing the event and who can be contacted prior to and during the event by Town officials. (2) The address of the event location. (3) The proposed dates and hours of the special event, including setup and shutdown times. (4) The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority license and County Department of Health Services permit number for the activity. (7) The name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department. (9) Certification that the property where the event is to take place is not subject.to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. (10) The applicant must provide a certificate of general liability insurance naming the Southold Town Regular Board Meeting July 3, 2018 page 64 Town of Southold as an additional insured with limits of$1,000,000 per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. The appropriate AR application fee. (1) The fees for Special Event permits shall be proscribed by a resolution of the Town Board i the folio * „ts f eaeh o en events where the expected aaendanee is less than 500 attendees: (j'L=For events where the expeeted attendance is 500 to 1,000-attend€es:$250. a):�pplieatiens that a-re submitted less than 60 da�,s prior-to the proposed evei4 may be r-ejeeted or subjeet to a late pr-oeessing fee of$250. C. A general description of the proposed event including: (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) The names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators, exhibitors, vendors, employees and organizers. (5) The location of all exits. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 square feet per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) A plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (13) The location and a description of any additional lighting to be utilized in conjunction with the event. (14) The location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. F. A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. G. A minimum cleanup deposit of$250. Southold Town Regular Board Meeting July 3, 2018 page 65 1=H. The_C eel Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date,time and location of the proposed special event. F.I. Notwithstanding the foregoing, the Chas. erse„ of the Zoning Board of Appeals Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in § 205-5E(1)through (15) or for the protection of health, safety and welfare. The Town Board's determination of any waiver request shall be in writing to the applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interest. 205-5. Application review procedure and standards. A. All applications for a special event permit must be submitted at least 60 days prior to a proposed event to the Zoning Board ofikppeals Town Clerk's Office. Any apphea +l,u+is iloL i�rnr lpleg+e "' of be aeeepted and pr-eeessed. Upon receipt of an LuL application for a special event permit, the Town Clerk shall cause the application to be forwarded to the Special Event Committee. B. Upon receipt of an application,the Committee shall review the application and make a determination as to completeness. When the Ghat.per-sen of the Zoning Board of Appeals Upon making a determination that the application is complete, dete.m;,,oe ^^�a appli`a is is eom„lete, the Chair-per-son Committee shall cause the application and related documentation to be distributed to any Town, county or state agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in § 205-5E of this article. Such referrals may include the Police Department,the Planning Department, the Building Department, the Office of the Zoning Board of Appeals, the Suffolk County Planning Commission, the Land Preservation Department, the Code Enforcement Department, the Fire in-speeter-Marshal, the Assessors' Office and/or the Town Attorney. C. Upon receipt of comments, the the Chairperson of the Zoning Board of Appeals Committee shall review the complete application and make a recommendation to the Town Board as whether to grant the application, deny the application, or grant the application with conditions. In considering whether to recommend approval or denial of the application, the Committee shall consider the criteria set forth in subsection"E" of this section. + eibe,.to s to the proposed o„+ n l;rn+• Ul'Ll'l 111111\+ 1=,l, D. if no ,-o, ' n rl upon t submission of n o,1 „l; atio thee 1111V 1V Vrl J1 V11J UlV 1l.L.iUllti , iV �, f'h „f the 7„„,„„Boars of Appeals m Flon appr-eve then ,-.lientio with V11LL11�./li1JV11 Vl LlllJ L�V111rr�TJ eonditions The Committee shall make a recommendation to the Town Board within 30 days of receipt of a complete application. E. Upon receipt of an application from the Special Events Committee, the Town Board shall review the application and make a determination whether to; grant the application as applied for, deny the application, or grant the application with conditions. In making its Southold Town Regular Board Meeting July 3, 2018 page 66 determination the Town Board shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highways and other means of transportation to and from the site. (4) The impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) The need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) The impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) The impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to,those of the Planning Board or the Zoning Board of Appeals. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in Subsection E(4), (5), (6), (7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the general public. F. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. G. Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. If the costs incurred by the Town exceeds the amount deposited, the applicant shall be responsible for the additional costs incurred by the Town Southold Town Regular Board Meeting July 3, 2018 page 67 as a result of the Special Event. H. A special event permit is not transferable and shall expire at the close of the event(s) for which it is issued. I. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. J. Applications for tent permits required for any event must be submitted directly to the Building Department. K. At the sole discretion of the Committee, applications that are submitted less than 60 days prior to the proposed event mate rejected or be considered subject to the applicant payingalate processing fee. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the the Ch.,iipe,-san of the Zoning Board of Appeals Town Board may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of n ppeak shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse the determination the Chairperson of the Zoning Board of Appeals its prior decision subject to any conditions deemed appropriate under the circumstances. AAiele TTL Speeial Events Requiring T.,.,,,, Board Ap,„-.,ya § 205 7 Events hell o Tl,..,,, lands or events e ee. ing 1,000 a tendees A. Any event held on property ovmed, !eased or controlled by the Town or any event where the expeeied attendanee execeds 1,000 people shall be subjeet to approval by resolution of amijety of the T...,,., Boardfollowing the submission of an a ,-,l;er`4ion to the To events,Gler-k: 60 days pr4of to the proposed event. In reviewing applications for-such Town Board may eensider-the folio-.4.5 -.4-tia in addition to the efiter-ia set far-th in enc 5E above— (1) boya. e. (1) Thopr-eniises ,- of the el..tio to the number .. of people tte,,. ing the event' l r�n > > noise, lighting (3) The 4equene), of events proposed or appr-oved �qf th- ...Id whether-t frequene is so gr-ea4 that the events eonslitule -sage of the property /-�,�„� ..�tible with its eh..raeter .. with that of the s ,,,a;.-... {4) blifTttiIts with ordi,,ayy public use of the land, ,• ads or f cnitie— involved. this ehapter-within the past thy-ee years. (6) Adher-enee to the Town Board polio), of di n,ents at Town beaehes marks f.,i the Friday before the obse•,.anee of T fo,.-...,•;.,1 Day „til Labor-bor-Day. Southold Town Regular Board Meeting July 3, 2018 page 68 shall deny omere rmitn if the impacts of the o +n . +b '+' + .] J111UL11 lAlJlly one � o o , When deciding w-hieh evePA to deny, +1, Town Board shall eerrsiderthe F 1 Whether the eveFA is rem Lib) Whether-the site has been subject ., „ .,+io within it ., +L 11, `vJ yr 11 to l ++ , (c) The� ate the pefmiit applicationass asci-4ed €v€ptS-0eeurca the prior- calendar-nest o Chairperson of the Zoning m BVulu of Appeals shall eonside-r-Y,;ha4 their-impaet was on that area of th-e (c) Whether-the event will yield a dona4ionr o o local ehar-iti€s. B. 1~ , a event that ;n + 1, 1 1 .7 +r,111 .7 1. the Town . .,. ...::�' �t,c.,, €��-rs-r9��ld�irrai}d-oav�'ircd�Jccrvrcorr�rorrc of,Southold,t1,ol , the . li ne tion shall elti a t11 folio l f_1) /� leted n .Yl + 1;e tion foo which t.Yin +l, following � � ..>.::j.1Y,�Y,>. ,,j,e..l�.l >.'v'circ-crpprrcarrvircn-e�zrcmrrr�m�wxrrg information: name, mailing address, e mail address and iplephone number-(s) e 11 Vl JVll`J) who will VV or-ganizing the event and Tf to .,n.7 during the event 11„ own of ei.Yln w , (b\ Theproposed event �>e ton .,n.7 t + `V J The li „n f , (..) T...,proposed a .,s and hours--oi-the spccntrevcnz, iiiScrcry--a=xa sh-utdoNN%times. (d) The v eted m number-„f per-sons intended touse+11 ,.t + ��+� arav v>rvv�vu maximum U111 V>il Vl 111�V11 one-time and olleet„ el, ..lud No ndo V11V �1111V Ull>A VV111iV 11 V'l'1�'', 111» rn' o t1' , rn' exhibitors and n t tors/pa ;,inYn+n , (e) if+1, 1 + ,7 .7 f +l, n+ 1 d 1, + �.iJ i. ..11v.>. Y.rl.. YA11J .lrvvlul lv>l ullvulvuw u>.>.uaJu 1V3 �uY. e�s✓ , ' , not , poliee preseneeor-road elesur-es. !71 An a 111ieation fee in the sum of$250 for-events where+1, expected ++ .7 ance ,7oes + exceed 1,000 attendees. (3) eei4ifieate ofinsiir-1nce of less than $2 nnn nnn naming the T..iN of S +11 1.7 `.+� as vvi�111vu�v V1111U U1 U11VV 11VL 1>�JJ L11 U11 WL,V , as an additional ' 7 (4) A minimum eleanup deposit of$250. (5) Where the Town detemines that there is no speeifie Town benefit fFom the eve� or that the event is eonducted for-profit, an additional deposit shall be made in amount to be ....,...,......,.,..Yr,>.r ..>. .s..,.,.......,., of the pofmit Vu.». d upon the estimateA dir-oetEorts attfibutable to-additional polies, highway and eleanup eosisassociated event,with the event. Af4ef the ili > and anymon- will be r-eturffied to the applieaf4. (6)Any addit.i6HAA ii-q—&o tion r-equifed 1��y the Town Czech. Q For-any special event where the expeeted attendanee emeeeds >000 attendees, C, D and E as well as the following -.- An application fee of$350. (2) A m4ificate of insuraneeeo+ ion than 2,000,000 naming theToy'% of outih as an additional ,7 !21 The Town Board m o the . relic n+ton d ,7provide eeftifieation that �✓f 111V 1 V VY11 LVUlU lrl" Southold Town Regular Board Meeting July 3, 2018 page 69 pr-opefty where the ewei4 is to be held, as shown on!he etiffePA Town of Sout-held assessment oll,and dir-eetly opposite (by extension of the lot lines thyough street or-right of way) of the pr-opefty tha4 is the subjeet of the appliea4ion. Said notieeshall elude the date, eation of the proposed sPeoial event. 'D. Notwithstanding the > the Town Beafd, upon request by an appliean4, waive in whole or-in paA an), of the foregoing applieatiofi r-equir-emepAs upon a finding that said requirements are not neeessafy for-proper-eensider-a4ion of a peffflit appliea or for the pr-eteetion of health, safely and welfafe. The Town Board resolution shall speeify the r-eason faf the grant of denial. if a waiver-is granted, the Town Bear-d may ui ccce Article IV III. Enforcement 205-8. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or the Town Board determines that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. § 205-9. Penalties for offenses. A. It shall be unlawful-for any owner, occupant or his/her agent or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. B. For each offense against any of the provisions of this chapter or failure to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith,the owner, occupant or his/her agent or any other person who commits,takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine of not less than $500 and not more than $ 500:00-$3,000.00. (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500 and not more than$1,50O.00 $3,000.00. (3) For each subsequent offense of§ 205-9B(1) or (2), violators shall be guilty of a misdemeanor and/or subject to a fine of not less than 060 00 $1,000.00 nor more Southold Town Regular Board Meeting July 3, 2018 page 70 than $5,000. C. No new special event permits will be issued to any property owner, occupant or his/her agent if such person is a named defendant in an outstanding or unresolved violation of this chapter. D. The Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 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. I do have a comment for inclusion from Paul Loeb, `I am inquiring and writing specifically regarding Brecknock Hall building at One Brecknock Road, Greenport that regularly uses the historic mansion as a catering hall. Their allowed usage of the historic building is for indoor weddings among other outdoor activities but almost every weekend in the summer and fall months they have a large tent and loud amplified music and speaking(announcing wedding party etc.) outside. They run their catering hall as a non-profit and I hope the following language from the new law does not allow them to forego the permit process. `Any event held on property owned by a not-for-profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event'. If applicable, can you please make my comments part of the record as I will not be able to attend tomorrow's meeting. Thank you." That's from Paul Loeb in Greenport. I do have here a signed and notarized affidavit that this hearing was posted on the town clerk's bulletin board and website and I also have an affidavit that this was published in the Suffolk Times. That's it. SUPERVISOR RUSSELL: Who would like to be the first to address the Town Board on this local law? Leslie? LESLIE WEISMAN: Good evening. 'I am Leslie Weisman, the chair of the Zoning Board of Appeals and I fully support this proposed legislation. For the past eight years, I have had the responsibility of taking in, with the ZBA office staff, evaluating and reviewing, approving or denying special event applications for of an expected attendance of just under 1,000 people. Which is the vast majority of the applications that come before this town. The Town Board has historically and continues to review all applications for 1,000 or more people in attendance and anything on municipal land or anything that requires a street closing. The current code was amended in its entirety in 2013, it was originally written in 1987 and in the past five years since its update, we all know that the number, variety and size of special events in this town has really mushroomed. And certainly it's time for the code to reflect the realities of today. Those necessary code changes are going to be done by our legislators who have the authority to do so, Southold Town Regular Board Meeting July 3, 2018 page 71 our elected town board officials. In my opinion, there is no better way to understand what needs to be fixed and what's working than by dealing with on a regular basis the current applications that are coming in to the town to see what is actually involved. All that this proposed code change is proposing to do is to take the decision out of my hands and to put it in the hands of the Town Board where most municipalities have the decision making body. No definitions or fees" are being changed at this time, the review of applications will be much the same. Most people don't know that when an application comes into my office, what happens is that the staff scans it once it is deemed to be complete, we look at it and make sure that everything is in, it then goes out to a whole series of other agencies for their comments and their review and those people include the Chief of Police, the Planning Director, Chief Building Inspector, the Town Attorney, the Assessors, the Land Preservation Coordinator and Suffolk County Planning. This is to determine whether the development rights have been stripped or intact. Once those comments are received, I look at everything, I read those comments and then I make a decision to approve, approve with conditions or deny which can be appealed to the Town Board currently. What this proposed code change involves is the creation of a special events committee which is exactly the same people, which will provide exactly the same level of review, that committee will simply screen the applications, make sure they are complete, provide the same comments that they have been providing all along and then forward that information when ready to the Town Board with a recommendation that the Board may accept or not accept. I just simply want to say that I think that this is something that we can all agree on. This code needs to be updated. I don't think anyone in this room disagrees with that. what I think is important to understand is that this is the first and the right step in that direction, for those reasons, I fully support it and I urge the Town Board to approve the proposed change. One thing that I would like to point out is there is a typo in the, I've tried to correct it about 20 times, if you go to 205-6, that's because it was cut and pasted. There were a lot of things that were deleted because it was repetitive. It looks more complicated than what it actually is but the last line from the bottom of that paragraph, it says the Town Board following a public hearing may affirm, reverse, amend the determination of its prior decision. Well, the determination of was the chair of the Zoning Board of Appeals which I hope will no longer be relevant. We simply need to delete the determination and go on to its prior decision. I just wanted to let you know that. Thank you. SUPERVISOR RUSSELL: Thank you, Leslie. Who would like to address the Town Board on this local law? ALI SHAPER: Good evening, Ali Shaper, Cutchogue, member of the wine industry. I hope you are all well tonight. There are a few items that are ambiguous in the proposed code, mostly relating to costs and as a business owner, well, first of all I think just generally as citizens, we need to know what the expectations of our costs are going to be in relation to deposits, cleanup or even application fees, so far this code really doesn't indicate what those are. Most of us wouldn't buy an appliance or a car or any major purchase without knowing what the cost was first, and in my view it would be the same such for deciding whether or not as a business I can afford the application fees or any potential cost that I might run into. In specific, in section 205- 4 paragraph B, the application fees are struck, saying that they would be set by a resolution but I don't believe it's fair to strike application fees without having a replacement for what those fees are. Otherwise they are subjective and unexpected. How do we know what we are going to have Southold Town Regular Board Meeting July 3, 2018 page 72 to put up front? Just as I would have to decide on any material I would have to purchase to produce my product, I need to know what my cost of business is. additionally in section 205-5 sections F and G, okay, where it states a deposit shall be made in the amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event after the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. Section G, where the town determines that there is no specific town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to the issuance of the permit based upon estimated direct costs attributed to any police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. If the costs incurred by the town exceeds the amount deposited, the applicant shall be responsible for additional costs incurred by the town as a result of this special event. I don't believe code of this nature is complete without defining how that is calculated. Again, it comes into the cost of doing business and I certainly wouldn't set up an event without knowing what it is going to cost me to begin with, so before this piece can be inserted into the code, I feel that it's only fair to us as citizens and business people, to know what it is that we are going to expect to pay and that as part of the approval or disapproval of a special event permit, this ought to be defined up front and within the code, what are those parameters, what is the yes and what is the no? To that effect, I do feel, it's, section E is mostly already written into the code, 205-5 section E defining a number of variables that determine whether an application is acceptable or not, there are a number of items that also don't have a definitive definition of what is approvable and what's not. And I believe the code to be applicable and fair needs to have those parameters defined within it. And additionally, cleanup costs, if an event is on a business's property, how are cleanup costs to the town then defined? SUPERVISOR RUSSELL: The town wouldn't assign cleanup costs to a private property. MS. SHAPER: That's something determined based upon the event itself. SUPERVISOR RUSSELL: That would be basically for events held on public property. MS. SHAPER: Gotcha. Anyway, my point is here, there needs to be some definitive parameters defined both in that type of sense where we know where certain costs are going to be charged to an entity and how much those costs are going to be. I think that's about my full point. Thank you very much for listening. SUPERVISOR RUSSELL: Thank you. Gail? GAIL WICKHAM: Gail Wickham, Cutchogue. I am sorry to jump ahead of the farming community here but I have a pressing engagement which unfortunately does not involve a 4"' of July festivity and so I would like to very briefly ask the Town Board if they would consider, after they hear the comments tonight and I thank you for scheduling the hearing and getting people involved, whether you would consider putting over the hearing for further date and comment or at least holding the record open for further written comments. I do have a number of comments Southold Town Regular Board Meeting July 3, 2018 page 73 both positive and critical that I would like to address but not tonight, given the press on my time and everyone else that wants to speak here but I do think tonight's hearing is difficult because of the scheduling on 4ch of July eve and the time period between the last hearing in March and today in July which is really the worst possible time for farmers to address these things not to mention the last four days of heat where they are really probably out irrigating and trying to keep their crops alive, I do think that this does go well beyond an administrative change into legislation and there has to be a broader review of it and I would hope that that would happen maybe in the months that aren't quite so hectic, after the harvest with code committee meetings which Scott had suggested during the March hearing, to have some input with the code committee or communication with ag advisory who I know has been working very hard on it but that would be my specific request tonight and be allowed to discuss at least in writing if not at a further hearing, some specific comments that I have for suggestions. I also have a letter from four local individuals and myself, addressing this from a general standpoint which I would like to submit for the record. Thank you. So do you have an idea of where you are going with this tonight in terms of a decision? SUPERVISOR RUSSELL: We would have to close the hearing and then it would be up to the Board on whether or not they want to vote tonight. MS. WICKHAM: And why do you have to close the hearing? SUPERVISOR RUSSELL: Well, you can't take action on it unless you close the hearing. If the Board member wants to keep the hearing open, he or she can make a motion. MS. WICKHAM: For public comment and or written comment? SUPERVISOR RUSSELL: That would be the process. MS. WICKHAM: I would ask you,please do that, so that we can have further discussion on it of a more meaningful nature. Thank you. MIKE FALCETTA: Mike Falcetta from Sparkling Pointe in Southold. I think if there's a time to be making some changes to the code and I had brought this up in the past, at some other meetings here, the code is already as it stands a little dangerous for a business person. We are often contracting with people and taking deposits for events and different things well in advance of an application. I mean, we can't apply for a date for an affair without having an affair. But we also have to take a booking for an affair and kind of wait in limbo as if it is going to be okay that we can have that affair, with no reasonable time, if there is a reasonable time frame or what the set time frames are, time can go on. I mean, somebody is giving a deposit to us, they are contracting with local caterers, tent companies, invitations go out, hotels, restaurants, I mean, I can go on and on the list on the things that the guests are financially obligating themselves to and we as business's are contracting ourselves to. if ever ,came a time where something that was essentially run of the mill or that we have been doing for years and years at different establishments becomes an opportunity that is denied, we as the businesses become in (inaudible) near breach of contract and how much money and what are we at stake for and do we Southold Town Regular Board Meeting July 3, 2018 page 74 need to have a legal battle at that point? It kind of becomes a catch 22, is this even worth it? Do we do this? I don't know, sometimes I don't know if it is worth it because there is the gamble every single time that we have an affair. I think there is a time to maybe look at this and maybe exam the different establishments that are having affairs and look at them and see what they are suited for. Is there something that could be held there on a regular basis that does not far exceed, is there sort of a set style of event or type of event that is suited to the location. I am trying to remember back when we had public hearings and different things for the building of our facility, having weddings and different affairs is something we were asked if we were going to do, we said yes, it was approved. Fast forward a few years and again, I agree things change but now out of thin air we had to start applying for wedding permits when we never had to do that originally. So I just think there's a time to look at this and exam where is that stake on the other side and are there maybe some opportunities to examine different locations, examine the most commonly used places and send somebody in, look at the space and maybe set something up that this is something that can be held here. We have fire sprinklers, proper bathrooms, different things like that, proper occupancy. If you can fit into that realm of what is normal, maybe that can be part of the everyday business. I just want you to consider that if at some point, an event did get rejected no matter for what reason you can come up with, that there can be some pretty major financial obligation and some pretty deep legal battles with somebody if they wanted to turn around and say we were in breach of contract. So I thank you for listening. SUPERVISOR RUSSELL: I just want a clarification, you mention that you didn't need to apply for a wedding permit before and you would now, just so we are clear, special permits for a wedding have always been required. What is proposed tonight has no impact on that. MR. FALCETTA: Okay, I didn't know that, (inaudible) so maybe that's a mistake on my behalf but still doesn't affect the fact that we do have to take a deposit from somebody and then sort of wait... SUPERVISOR RUSSELL: A time issue. Fair enough. Fair enough. MR. FALCETTA: And if there are certain places and certain locations that fit a mold, then why not be able to hold those events without having to wait. And if we need to be advised of them or alerted of them and we have to pay the $150 in order to have it, non-issue. But thank you. ADAM SUPRENANT: Hi, Adam Suprenant, Southold. I must say I agree with Leslie, this code, it needs to be modified in a very significant way. I understand this is an administrative change and not much is changed in the code besides striking out Leslie's office and then putting in the Town Board so I am encouraged by statements that not much is going to change here but I think that most of the speakers in this room are going to be recommending that things need to be changed with this particular section of the code. Now, I did an exhaustive research, I don't know why, I was bored one night so I decided to go on the town website and open up some applications and see what the whole process was about,just so I could better understand because I don't do special events for my business so I was not really aware of what was involved. I think one of the things that struck me was that I would say five or six applicants are responsible for all of the applicants in the town and it would seem to me like this town somehow could treat them Southold Town Regular Board Meeting July 3, 2018 page 75 like customers, and they are paying a fee and they need a permit and the town wants to make sure that the facility is in proper order to hold a special event but when one applicant has over 15 or 20 of the same type of events and they are just essentially refiling the same paperwork over and over again, I think it gets to the point of why is it necessary? I mean, for every event to be voted on by the Town Board. I just think it's kind of a waste of your resources to have to take this on where you are going to be doing I believe up to 80 if not more of these in any year and some of these are multiple permits on one application, so I think for me, somehow this has to be worked out administratively where either something is written into the zoning code that allows special events that it doesn't need a vote by the Town Board and it's more of a permit process, where there is a fire department inspection, there's a site plan on file with you know, an event site plan as it's written in the code on file as to where the tent goes, what the capacity is, where the parking is, etc. etc., but once you have that on file you shouldn't have to need to resubmit that every time and you know,just add to the whole bureaucracy of the process. So I am really hoping that perhaps in the future, there could be code committee or some push on this where, and again I think you are going to hear from most of the members in this room, this, we would like to see some change here and I think first steps are great and hopefully we can make this process work for all of us so that the town is satisfied and we as an industry and also many other businesses that want to get into this type of activity can be satisfied. Thank you very much. PRUDENCE HESTON: Prudence Heston, Salt Air Farm. I just wanted to follow up on some of the comments that some have been making here in terms of the longevity piece for putting in for these permits. I have some brides that are wanting to book, one, two, some of them talk to you three years in advance, of wanting to have an event on your farm. The further out that we know that somebody wants to have an event, the better it is for me as a farmer. It helps me to plan in terms of what to plant for this bride, how to make this person happy, from my farm, the way that we do that we are actually working with each bride along the way. For what to grow for them to make their day really successful. And when I come in with an application and I have got somebody who is booking, she has paid me a deposit two years out and I come in to fill out my application permits and I told, sorry you can't even apply for that yet, that's not in this year. and just like he was saying, I am really left on the hook here. I have told this person that yeah, they can get married on my farm. They are making all of those plans along the way and you know, I am not doing anything that should cause any kind of problem there, there's always this question mark that's in your mind and that's worrisome and it would be very worrisome for the bride if they knew and I think it would be one of those things that the town would want to be thinking about how to make it when you are doing these things over and over again and you are doing it well and you are doing it nicely, that there should be a way to do that and not have to come in for every single thing but be guaranteed that yeah, I can tell this person with confidence that they can make this happen. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Steve? STEVE BATES: Steve Bates, Long Island Wine Council. Actually, I have been asked to read a letter for the record, which I will give you a copy of. It's from Louisa Hargrave. It starts, "To Supervisor Russell and Town Board, I want to make it clear that I have no affiliation with a Southold Town Regular Board Meeting July 3, 2018 page 76 winery or a farm. But as a taxpayer in the Town of Southold, I do have an interest in maintaining future viability of the town and its resources. I believe that 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 of how much the wineries and their tasting rooms contribute to the local property taxes?" SUPERVISOR RUSSELL: Would you like me to answer? I probably assessed (inaudible). MR. BATES: "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?" SUPERVISOR RUSSELL: No, it's not fair. MR. BATES: "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 farms with development rights were intact were developed?" SUPERVISOR RUSSELL: Yes, well, that would depend on an awful lot of things. MR. BATES: "When I was asked to serve on the Farm Alcohol Working Group last year, the group was told our mission was to look at existing zoning and to make new recommendations that took into account changing needs of the community and agri-business. Mr. Supervisor, we soon learned that you had another agenda when you told me and another member of the group in the presence of your staff, finally anti-winery (inaudible), 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?" SUPERVISOR RUSSELL: Do you want me to answer that? Actually, that's not what I said. I said I have been called anti-winery for years and it has gotten to the point with the winery fatigue that to some people they want to hear that. I am not saying I agree with it but when you talk about allowing wineries on less than five acres, they need to understand the fatigue that's involved in that. There's too much acreage to sit back and say, yes as many as can be built. That's not plausible. MR. BATES: "How do you on the Board, in the past year, see your actions relating to the Republican party mandate to lessen government regulation? Why legislate such complex regulations?" COUNCILMAN RULAND: An administrative change is complex? I find that hard to understand. Southold Town Regular Board Meeting July 3, 2018 page 77 MR. BATES: I will come back to that. Her plea, 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 10 acres or less. This would allow farms to include vineyards with other crops, the small winery can limit access to visitors for tastings by appointment in a space the size of a farm stand. And recognize that visitors want to experience the farms themselves, they just don't come to drink." Thank you. Just to follow up on that with my own personal comments, if it were only administrative, if it were only that one paragraph that establishes the committee formally to replace (inaudible) approving the permits over the years, but if it were only that one paragraph then it would be administrative but as Ali said, you are taking away the fees, leaving it arbitrary and open, you are establishing cleanup fees on private business property, it doesn't say you may, it says you shall give a deposit of$250. You know, there are things in here that are establishing new levels of penalties and given the uncertainty of permitted uses, that's unfortunate to have that kind of risk attached to someone's event. I keep saying that we need to deal with permitted uses in the code and you know, last meeting we talked about food to complement wine tasting and I was told it was in the code. It is not in the code, it is not in the zoning code. Nor are a lot of things that people are doing, hosting art shows, selling art work. That's allowed under state liquor authority law but it's not allowed in the current code. There are a lot of things I think that have become acceptable over time but if you really wanted, if somebody complained about them, you'd say, yeah, it's not a permitted use. So there are things that really need to be updated to both current state law but also practiced. SUPERVISOR RUSSELL: I am unaware of any requirement to pay for a cleanup deposit on private property. This special events legislation pertains to all special events and in many instances it requires public property. Also the requirement to pay in advance, that's if you need traffic control provided by Southold Town. MR. BATES: I get the estimate, that could be of use too but here on, 205-5 paragraph D, your application shall include a minimum cleanup deposit of$250. It's not a huge amount but still, the business is going to have to be paying that themselves, why should they have to deposit that? COUNCILWOMAN DOHERTY: As you heard on the agenda tonight, several special events we approved tonight, a lot of the fees have been waived, so that's basically how we have been handling it. so it doesn't, if.you are on a private property, we would waive that fee. MR. BATES: Why not write that in the legislation? So if it's not impacting... COUNCILWOMAN DOHERTY: That's the way we have it written right now and it's consistent with other sections of the code. MR. BATES: The other thing I noticed is there's an additional insurance requirement, the old language had $1,000,000 per occurrence insurance requirement to name Southold as additionally insured, there's a new one of not less than $23000,000 naming Southold as additionally insured. Southold Town Regular Board Meeting July 3, 2018 page 78 COUNCILWOMAN DOHERTY: We did a resolution in 2017 based on recommendations from our insurance company to up it to $2,000,000, so we have been doing that for a while. SUPERVISOR RUSSELL: It's been two years, it's been $2,000,000 for two years and that's because the insurance carrier required us to. MR. BATES: Does that mean one of these provisions needs to be deleted? You are going to have one insurance requirement, not two? COUNCILWOMAN DOHERTY: What do you mean? MR. BATES: If you look at section 205-4 paragraph A sub paragraph 10, the applicant must provide a certificate of general liability insurance. COUNCILWOMAN DOHERTY: But.... MR. BATES: And then if you go further down, paragraph F, the new language... COUNCILWOMAN DOHERTY: It's just saying the liability insurance in two spots. One mentions the amount and the other one is just saying you need it. MR. BATES: One says one million,the other says two million. COUNCILWOMAN DOHERTY: Oh, okay. They both need to be changed to two million. MR. BATES: So I guess this also goes to Gail's point, we hope that this could remain open so we can further discuss it because there are some things that go beyond the administrative (inaudible). Thank you. SUPERVISOR RUSSELL: I just want Ed to go, everybody to speak first, oh, okay. MS. SHAPER: We discussed it, I will just be brief. Ali Shaper again. Just to follow up on some of the points that Steve was just making and that I had brought up as well. The points that we are trying to make is that there are pieces in this particular pieces of paper is it's ambiguous, what's being charged and for what. And not to belabor the point about the cleanup fee, it's just an example, it doesn't specify that it's specifically for events held on municipal land as opposed to private citizen property or private business property. It's extremely important to have these things precise, otherwise it becomes confusing and leads to difficulty in deciding whether or not you can do anything within your business and it will become difficult for the Town Board and the special events committee to determine does this fit an approvable application or doesn't it? So a suggestion I might have is maybe it's written in by a chart or by a table of some sort that's included with code for special events, if citizens of Southold Town agree with this, that there is a chart that specifically outlines on what parameter these fees are calculated and how. For example, if you are going to have an event that includes 300 people, it will require police officers and two fire officers to be on call or on-site, what have you, and our fees are calculated Southold Town Regular Board Meeting July 3, 2018 page 79 according to per square foot of the venue or something of that nature. Something that is very easy to read, easy to interpret and is not subject to all of us 60 people in here debating what is the appropriate price. Just a thought. COUNCILWOMAN DOHERTY: Can I just explain to you, the reason why we are changing the one part where the fees are established by the Town Board is we are trying to make the code consistent with other sections and what we do on our January organizational meeting is set fees for the year so you will know what the fees are. MS. SHAPER: Alright. COUNCILWOMAN DOHERTY: When it comes to the police department fees, that's a little more difficult because the Chief establishes that and he determines based on what staff is available, what the venue is and so he analyzes that and gives us a calculation that would be handed off to the person holding the event prior to that, so he will know. MS. SHAPER: Is his process for that documented anywhere? SUPERVISOR RUSSELL: The Chief's? MS. SHAPER: Yeah. SUPERVISOR RUSSELL: We are going to count on his expertise. He will give us a breakdown... MS. SHAPER: He's the one who is going to know how he is going to allocate his resources... COUNCILWOMAN DOHERTY: He gives us a breakdown of each individual one. MS. SHAPER: My suggestion is that that is codified and that's something that can also be modified as years go by-and costs change and labor costs change and so on but that would be extraordinarily helpful for us as people who operate these businesses and operate these events, at least to get a ballpark figure of where we are going to land cost wise. COUNCILWOMAN DOHERTY: It's a little difficult to codify something like that because you have the changes, not just yearly, but you know our liability changes, our insurance changes, our union changes, so we would be having hearings on changing fees and procedures every other month. SUPERVISOR RUSSELL: Can I just ask if there is anybody that has required traffic control for your private events at all? In the five years since this code has been viable? We can ask Leslie that. MS. WEISMAN: Very rarely. Southold Town Regular Board Meeting July 3, 2018 page 80 SUPERVISOR RUSSELL: Generally we insist on a parking plan and then we usually go to a private party to have that done. COUNCILMAN DINIZIO: Maybe Leslie, you can answer this, have you ever had an event by a private, that was anything more than normal when you charged? I mean, the fee is the fee. MS. WEISMAN: It depends on the size of the event. The code now says if you are going to have more than 300 cars that you need a parking plan, okay, you need to show safe ingress and egress but the only reason to have a permit is to protect the health, safety and welfare of the community, to make sure that the public when they come on to your property, that they also are equally protected. That's the only reason you need a permit. COUNCILMAN DINZIO: About the fee.... MS. WEISMAN: The fee doesn't change. The fee is the same amount whether you require traffic control or not. The cost may be different because they have to maybe hire somebody to do that kind of traffic control. COUNCILMAN DINIZIO: Inaudible. MS. WEISMAN: But the town is not getting anything from that. COUNCILMAN DINIZIO: Right. So normally the fee is whatever, $200. MS. WEISMAN: $150. And the, when you consider the fact that nine people evaluate every one of those applications and you can have up to six over a three month period on one $150 application and what, you know, what is being yielded in terms of the profit on having a wedding venue, it's a pretty affordable fee. Late fees I almost always waive when there's a reasonable request and a reason for them coming in late. Non-profits often get the fees waived entirely except for the $50 processing fee. I mean, it's not meant to be a punishment, it's meant to be a simple, easy way of ensuring safety is in place, the police need to know when there is going to be heavy traffic impacts and the reason I think it's important for the Town Board to deal with these regularly as I have done for eight years is because you get to see what people are trying to do in the town and you get see if there's an issue or not an issue. I mean, you have to ask yourself, if something is being repeated again and again and again, is it special or is it a business model? You know, and those are the things that the business and the agricultural community can help the Town Board address when it's timely. But I have felt for a long time that the only reason I was given this job by the Town Board was because in a strange way and it's purely an administrative function, I want everyone to understand the ZBA has nothing to do with special events. We are an appellate jurisdiction. There's nothing to appeal here, this is a permit process. It is strictly administrative and the ZBA office takes care of it with me as chair and department head,just as an administrative thing. Just like when you go and get a beach sticker, it's meant to be that but it's more complicated because there are more impacts. It's one thing if you are holding music events in an open field where there are no houses around, it's quite another if you are surrounded by houses that are affecting the neighbors. So it needs to be looked at on a site specific basis and Southold Town Regular Board Meeting July 3, 2018 page 81 I know the Town Board has discussed many times the possibility of having a permit based on a specific site plan approval, you know, so that everybody knows what your site capacity is, what the parking capacity or the building capacity is and you can move forward. Those are the creative things that need to be done to balance the interests of business and agriculture with the welfare of the people of Southold Town. The Town Board is ready to do it but all this proposed legislation is giving the Town Board a better opportunity to be better informed about these issues. And to be ready to make changes where everyone understands what the changes should be. So you know, I welcome that change, I will continue to be on this special event committee and the whole goal would be to make it efficient so that there's no delays. The Town Board is in no position to process that type of paperwork. It has to be done in an office, administrative environment. So the infrastructure's been proposed to be put into place so that information can be gathered and complete and then given to the Town Board to review on a regular basis. COUNCILMAN DINIZIO: Thank you. In any case, the fee has always been that straight fee. MS. WEISMAN: Absolutely. It's never varied. COUNCILMAN DINIZIO: You have never sent any private person a bill for police services? MS. WEISMAN: Not at all. COUNCILMAN DINIZIO: Okay, well we have. I know we have for one but on a normal basis, if someone comes in and gets a special event permit, it's $150, it's what it has always been, if they are late we have the opportunity to charge them a little more, we probably never will. Most of the time the applicants are happy to pay it anyway because they want to get what they need, so that whole fee schedule thing is more, in my opinion, for the public streets being closed.... MS. WEISMAN: It's for the larger events that you have always handled. We've never had that kind of concern, never once. Not on the kind of applications that are for less than 1,000 people, don't use municipal land, don't require a street closing. So, like Strawberry Fields, you have to have a cleanup, I mean, it's a totally different scale and the Town Board has always grappled with that but if you look at all of them, you are going to have a fuller understanding of exactly what is going on in the town and you are our elected officials, you are the ones that have the responsibility of helping this town grow in the direction you feel is in the best interest of the town. And that includes, of course, the preservation of agriculture. There is no one that objects to that, no one that wouldn't support that. But most of the events are weddings. The vast majority, there are others but the vast majority are weddings and we all know that. And frequency is an issue also, traffic impacts is an issue, noise impacts is an issue. But the whole idea of the special event permit is it allows you to do something the code doesn't normally allow you to do as of right. Which is why in a way it was handed to the ZBA decision instead of the Planning Board because the ZBA generally grants relief from restrictive codes. So that was the rationale originally and it has been working okay but the best way to know how to go forward is for you to be dealing with them. In my opinion. SUPERVISOR RUSSELL: who else would like to address the Town Board? Southold Town Regular Board Meeting July 3, 2018 page 82 ED DART: Hello everyone, I wanted to offer my observations first on sort of the evolution of agriculture in Southold Town and how that evolutionary process could be affecting such things as the special events laws and so forth. I am Ed Dart and I have a 17 acre Christmas tree and evergreen nursery on Bayview Road in Southold. For the last 40 years we have been a destination farm where primarily out of town customers travel to our place for family Christmas tree outings and to enjoy the farm experience. Currently, I get most of my new tree customers via internet marketing. I couldn't imagine a few years ago that a farmer would be marketing on the internet and that's where our customers are coming from but that's what it has become now. before me, and well before the internet, my parents raised corn, tomatoes and green vegetables and they sold them to passing motorists at a road side stand when such marketing method was still considered a new idea. Most customers were summer residents and visitors who appreciated the direct farm to customer freshness and value and the novel idea of buying directly from the farmer. Before them, my grandparents never met their customers. They raised potatoes and row crops which were shipped off to the city, either by truck or by rail, never to be seen again. the growers were at one end of the line and the customers were at the other. Those days are gone, it's a new ballgame out there and the farming business has changed. To continue to be viable, all of us in the farming business have evolved and adapted to the changing market. We need your support to continue that evolution. The customers are coming to Southold from the west, not only to buy our ag products but because they want to interact at our farms as well. Please don't stand in their way. This is our 102nd year on our farm. Each generation before me sold off half of the farm. Half once, and then half again. I am trying to hang on to the remaining part. I am not trying to go out of the farming business, I am trying to be a better farmer for the long haul, in a changing market environment. If you value the local farmers, which we believe are the backbone of the local character and economy, you must respect the farmer and not obstruct us in our efforts to keep pace in the evolving market place. Southold farmers need new tools to keep our farms thriving. When I say new tools, I am not talking about farm equipment, in this instance, I am speaking about the tool of enabling local legislation to support and empower us to evolve. Successful farm enterprises everywhere now include such things as hosting farm weddings as an accepted farm related activity. I wish to be able to host some reasonable, reasonable, events at my farm with certainty, within reasonable guidelines and without bureaucratic drag. Farm weddings do not require the construction of new, permanent structures, nor the asphalt paving of our fields and they do not change the scenic vistas in any way. They are very brief momentary events, lasting only a few hours with the dreaded music only a couple of hours at most. It's a small price to pay, I urge you not to bow to the whinings of a vocal few who have heard some music off in the distance. I believe the majority of Southold residents value the farms that are around them and would accept and encourage the Town to empower the farmers to continue to innovate by enabling limited special events the likes of farm weddings and such as an additional marketing tool to promote the sale of our core agricultural products. I know that if I exposed my farming, my products to first time visitors at a farm wedding, that some will return as customers to buy my farm products, and they have. Please, again, don't stand in their way. I see the current proposed legislation only as a one sided solution for the town's administrative problem, I understand that but nothing for our side. And I am concerned that if you pass this, that our turn may never come. I am concerned about that. I urge you to put aside this proposal and let's work together to develop a broader proposal that can includes something for both sides of the table. Thank you. Southold Town Regular Board Meeting July 3, 2018 page 83 SUPERVISOR RUSSELL: Who else would like to address the Town Board? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I just would like to thank the previous speaker, I think it was a very thoughtful, intelligent comment and I agree with him. However, I also agree with the chairwoman who was the first speaker at this public hearing and her ideas also make a lot of sense. Anybody else agree with.... UNIDENTIFED: Inaudible. MR. SCHWARTZ: Not if you have anything to do with it. I think I have something to say... COUNCILWOMAN DOHERTY: Benja, can you... MR. SCHWARTZ: I'm sorry. I don't want to get sidetracked. So what happens after this public hearing tonight? Is it possible you could vote to adopt this law tonight? I didn't see any agenda item or maybe I missed it? COUNCILWOMAN DOHERTY: Yes, it's very possible. MR. SCHWARTZ: That is one possibility. Is it possible that you might modify the proposed law and adopt it or you might reserve decision and make a decision in the future at another meeting. If you are thinking about adopting this tonight, I would second the comment of the chairwoman that began this and I would say that you, at the very least, need to modify this proposal to strike the reference to the `determination of and just leave its prior decision. There's some other things, rather trivial, where you define the special event committee, the second line says special even committee. And that comment was made prior to this, I don't know if you had another hearing on this or, I remember making that comment to you before and yet somehow it didn't get corrected. It never got changed. I also think that there's another section in here where you left in section 205/8, modification, recession of permit, it still says the ZBA chairperson or the Town Board may for good cause modify or rescind such permit absolutely or upon condition. Is the ZBA chairperson still going to have that authority? TOWN ATTORNEY DUFFY: It is struck out. COUNCILMAN GHOSIO: But not at the end of the paragraph. MR. SCHWARTZ: It's struck out at the top of the paragraph but in the last sentence of the paragraph it's still there. And in the same paragraph, in the same sentence, I think it would be appropriate, it says there for good cause. So there it says for good cause, in the original granting of the permit it doesn't even mention good cause. Section 205/6, that's appeal for denial of the permit, it says that all's that's necessary to reconsider an application is to file a copy of it. I think it also, it seems self-explanatory but maybe it would be helpful to require a showing of good cause for a change of decision, appeal and maybe that good cause could relate to the same factors that are listed in the original application but it still should say requiring good cause. Last time we discussed this, I remember suggesting that having the Town Board consider all these special Southold Town Regular Board Meeting July 3, 2018 page 84 event permits may not be practical. I see in this proposed law, the application has to be 60 days before a permit and the event committee has 30 days to make a recommendation to the Town Board so by inference we can say that gives the Town Board a minimum of 30 days to decide if the event is applied for 60 days but what if the event is applied for a year in advance? What happens then? The special events committee still has to report to the Town Board in 30 days but the Town Board, according to this law can just take their sweet time before making a decision. I think the applicants are entitled to a timely decision by the Town Board. There should be a provision in here for how long the Town Board has, if they are going to be the ones deciding. I am not sure the Town Board is really the one deciding in this law, this law appoints the chairperson of the special events committee to be the government liaison officer, formerly known as special projects coordinator. Maybe in the future the event coordinator, special events coordinator. I am not sure that's a bad person to give a decision to, I would prefer to see a law where the Town Board shifts the responsibility from the ZBA to the government liaison officer. I do think it would be appropriate to give a new title, along with this new responsibility or preferably, the suggestion that I made previously that I never got any response to was to hire someone in the Planning Department to make these decisions. That to me would make a lot of sense just the same as, I don't this that this is, I disagree that this is like a beach permit. That is a purely bureaucratic act. The Building Department is also considered to be bureaucratic and administrative but that's why you have the ZBA and the Planning Board to sometimes intervene, to add to the zoning or the ZBA to modify or vary the zoning but in this case, I think the appointment of the government liaison officer, not just to make recommendation to the Town Board but to make the decision would enable that the Town Board to focus more on what it is supposed to do and what the chairwoman suggested that it do, to continue to develop the standards and the substance of this law. SUPERVISOR RUSSELL: Appreciate it. MR. SCHWARTZ: Last question, at what point will these event applications be made public and at what point will and where and when will the Town Board consider these applications? Will this mean longer work sessions? I mean, will there be public consideration after the referrals from the event committee or will the Town Board do that, just pop out decisions at a Town Board meeting whether it is approved or not? SUPERVISOR RUSSELL: We would come to the decision at work session and I assume pass a resolution that evening. It would go on the agenda, so there is an opportunity for public input there. If the application is turned down, then a public hearing would be scheduled so the applicant can come and explain why they should, we should allow the event to go forward.... MR. SCHWARTZ: I don't see any requirement for public hearing on here. SUPERVISOR RUSSELL: There's not, on the appeal. TOWN ATTORNEY DUFFY: There is for the appeal. MR. SCHWARTZ: There is for the appeal. Southold Town Regular Board Meeting July 3, 2018 page 85 SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: Is there currently any.... SUPERVISOR RUSSELL: No. No, that would take forever to get the applications through. COUNCILMAN DINIZIO: The public has the opportunity to read the resolution and comment at the meeting. COUNCILWOMAN DOHERTY: Like for example today, before we started the meeting, Scott asked if there were any comments on any of the agenda items and if you had a comment on any of the special events that we had on here, that's the time that you would have to comment. SUPERVISOR RUSSELL: I think you are referencing the existing special events legislation and I don't believe there's a public comments section. I believe that gets issued by the ZBA chairwoman when she signs off... MR. SCHWARTZ: Inaudible. What I am trying to say is, I have no problem with the ZBA chairwoman or the government liaison officer or the building department making decisions without the public seeing what they are doing, but it's my understanding that when the Town Board makes a decision, the public are entitled to be involved in the process and that's why I really don't quite understand how you can legally change this. SUPERVISOR RUSSELL: Thank you. SAL DILIBERTO: Sal Diliberto, board member Long Island Wine Council and I will be very brief. I think that the speaker prior to Mr. Schwartz really was eloquent on putting his finger on the problem and I think the problem with all regulations or laws like proposed law like this stems from the definition, for example, of special event. Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property. That whole concept of what is a permitted use, we know that wineries are permitted to be on property, but what is a winery? Is a winery a place that is permitted to sell wine, is that it's only permitted use? Or is it permitted to market its wines? Is it permitted to do things in an effort to market its wines in a way that is different perhaps than it was marketed 40 or 50 years ago? You know, I don't think that anyone who is from western Suffolk, Nassau County or the City of New York needs to come to the Town of Southold to buy a bottle of wine, I think they could find a lot of different places to buy a bottle of wine but they come here for more than the wine. They come here for the farm experience. They come here because they have an opportunity to here, a place that has been preserved for so many hundreds of years through the work and the effort of the farming community. And we get the benefit of that today, we meaning the winery owners and the vineyards because people come here because they want to be here because I would imagine that many of the people that have lived here their whole life don't appreciate here as much as people who don't live here do. They come from another place, they come to have a different type of experience. Limiting the definition of what is a permitted use is the problem. It is the problem that gives rise to the issue of the food trucks later on. It is the Southold Town Regular Board Meeting July 3, 2018 page 86 problem that gives rise to these regulations. So I am less concerned with the functioning of this particular law and more concerned with why the town is not doing what some speakers have suggested which is take a serious look at wineries and farm operations and look at the ways today that they have to market their product. It is not the same as it was years ago. I just happened to have been rummaging through some stuff that I pulled out of a house that I bought years ago and I found this old magazine, Country Home, the August 1936 edition and you can laugh when you see the products that were being marketed there and how they were being marketed. Marketing has changed over the years and now there is a change that has become very, very rapid, because of the internet, because of social media, because you don't find the kinds of ads you used to find in publications anymore. I think the town, if the town really wants to address the future of the town, the town really has to take a serious look at that and look less at how can we regulate, how can we slow it down, how can we keep control of it, look at the ways that you can make it easier for the farmer, easier for the winery owners to do things that you know they should be permitted to do. SUPERVISOR RUSSELL: I appreciate that, I really do. Just in the context of this legislation, I don't know how we get that done. So those are the discussions I assure Steve, we will sit down and talk about special events, many of them should be considered the method of doing business, (inaudible) I agree with you with all that and I assure him we will sit down and get that all done. Now we are just trying to get some work off the plate of one person who says I am not doing this anymore. That's what it gets down to. MR. DILIBERTO: I appreciate it. Thank you. SUPERVISOR RUSSELL: And frankly, we don't either but no one else was willing to do it. Who else would like to address the Town Board? ERIC SEPENOSKI: Hi, Eric Sepenoski, East Marion. I second the comments made about the tree farm and about the new ways of marketing products. I teach writing at the university level in Boston and am a PhD candidate at Northeastern University and one of the things I see there and frankly nationally, is an interest, a desire to not only buy food that is grown in local places and consume it there but to see how it is grown and be on the land, I think our lands and be able to experience them directly should be considered a regular use. One of the questions I have to follow up, unrelated to that, in the paper here 205-6 article 3, 1 was curious how it says that events that are held on town land or events exceeding, these are events the town holds? I am curious from the Board why that entire section has been struck? SUPERVISOR RUSSELL: Oh, because the way the code was set up there was the review process that was covered under the ZBA chair and if it was over 1,000 people was under the Town Board review. Now that we are reviewing them all, it would be redundant to keep that separate section.. MR. SEPENOSKI: Okay. And if the logic applies to the redundancy at the town level, wouldn't it also be redundant to businesses that do this regularly as the town does on its lands? Southold Town Regular Board Meeting July 3, 2018 page 87 COUNCILWOMAN DOHERTY: I think you are confusing, you are interpreting it.... COUNCILMAN DINIZIO: The town doesn't hold these special events, it's fire departments, you know, when they ask us usually it involves public roads, parades, all those things that we have liability. So that's why we make the decision there, so they give us the $2,000,000... MR. SEPENOSKI: Okay. COUNCILMAN DINIZIO: It hasn't really got much to do with wineries and private land. And the town doesn't hold the events. MR. SEPENOSKI: Thanks. SUPERVISOR RUSSELL: Steve? Well, we are going to close the hearing first and then you can talk about taxes right after everybody is done. Kate first. KATHRYN SEPENOSKI: Kathryn Sepenoski, East Marion. I want to thank Chairperson Weisman for all the hard work over all these years that she has served. I have been in front of her several times for zoning issues that were unrelated to agriculture and I always found it refreshing clear on how to proceed. I do not find that with what we are dealing with necessarily with agriculture. I feel it's been made ambiguous so that we constantly have to try and figure out how to move forward for the best of our business. And we already deal with nature and it's unclear direction, whether we are getting 5 inches of rain one day or whether we are getting five days of blasting heat and trying to keep that going while attending what is necessary to make sure that we don't lose what is our focus as an agricultural community. So I looked over the proposal and I was told that things that were underlined were new and that things that had a line through it were being struck from the record, so I am just unclear why it was suggested by you Scott, that we meet as a group and we could have heard many of these things from Chairperson Weisman in a setting where we were having a discussion at a code meeting, where we all could have participated so we could have raised these questions and maybe had a clearer presentation that was going to hearing but you are hearing them now because this is our only opportunity, so I would hope that you would do as Gail had suggested and table voting on it so that more people can make comments on it, including Gail. Obviously she has more positive and negative but what is upsetting to me is right away in 205-1 it talks about providing penalties, it is not about moving forward and supporting a business model as Leslie has said. The mushroom of it speaks volumes that we are having to do these things in order to evolve our businesses, to be more successful and to accommodate what is being asked of us by the public, to experience what we hold so dear because we speak about it passionately when they come to our farms. I'm not happy with the wording any event, I mean, any event could mean people showing up, more than two people showing up on my farm for their CSA? Is that considered an event? Is a group of school children who are coming to my farm to see how potatoes come out of the ground or pick pumpkins or go to a Christmas tree farm, anything of that nature where you are having a gathering of more than two people, is that considered having a special event now? it's too ambiguous to me that I don't know how I can move forward what I am supposed to be applying for, what someone might show up for as code enforcement to say, oh, I saw, somebody reported Southold Town Regular Board Meeting July 3, 2018 page 88 that you have 16 cars here and you have a group of people in the back, are you having a special event which could ruin someone's experience of the North Fork and farms and I just think that we need to sit down together and see where we might have that common ground to move forward and if there are things that are part of doing business on an ag district or an agricultural situation, we are using the word business, you have also referred to residential zoning but we are clearly operating businesses and I think some of that terminology needs to be worked out so that going forward, the issue about serving food that is primarily grown on the farm, if I have a crop failure and I need to get something from a neighbor to sell it or put it in my product so that I am still serving the public, those are the things that need understanding from your part so that you will better serve the whole community. And a lot of what has happened, Scott, and why so many people are showing up and to the Board members as well, there has been quite a bit of fear injected into our industry over what you may or may not decide to do with our livelihoods. And we deal with that on the basis of nature already, we don't need that to be so unclear and feel so threatened by what we are proposing to do. As Leslie has said, many, many applications have come through and there's very few of them that have gone beyond the bounds of a certain style. That have needed that kind of oversight. So I hope that you set this aside, open some dialogue where we can have a meeting, where we can talk about this as you proposed in March, following that hearing. So that we can all come up with a reasonable solution. Thank you. MICHAEL VARIALE: Good evening, my name is Michael Variale, I am from East End Wedding Events. Just a couple of things, the last time I spoke here this room was packed with many of the people that I represent. Obviously having a meeting on a holiday weekend, a lot of people said Mike, we have catering events tomorrow, whose putting up tents, whose doing what, so apparently the next time you have this meeting, please don't schedule it around a holiday weekend. So that we can show, we can pack this room out like last time. Also, one thing that wasn't mentioned tonight was the impact, the economy impact on an event. If Ed is able to have that special event at his farm, I mean, right on through the farmer from the local produce who is picking the farm as a job because of that, Ed is able to market his trees at that event. SUPERVISOR RUSSELL: I am sorry, (inaudible), can I just point out that the public hearing is for that one administrative change and all of this we are happy to hear if we can just get through the hearing. I mean, I am not, please go forward, I just want you to understand what the public hearing is specifically about. MR. VARIALE: I just wanted to make sure that the point taken on the July 3`d meeting was very difficult for the people in the special events industry to make it here. SUPERVISOR RUSSELL: I would agree. Let me just tell you, if we had it two weeks ago we would have been accused of steam rolling the thing through, if we have it two weeks from now, well, it's a 4:30 meeting we are going to be accused of having the meeting deliberately where everybody is not off of work yet. We have gone through that before. We tried to have it at a night meeting so as many people could attend as possible. And it's six weeks after we actually noticed it so that people had plenty of time to review it and submit recommendations and things like that. Southold Town Regular Board Meeting July 3, 2018 page 89 MR. VARIALE: Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? CHRIS BAIZ: Chris Baiz, Southold. I promised myself I wouldn't talk about this thing but a couple of nits in 205-3, permit required, some of the strikeout, little paragraph refers to article 2 and then we flip over to the next page and then article 2 is special events requiring a chairperson of ZBA approval permit when I think what you mean, article 2 addresses application requirements and procedures. Is that correct? I hate to bring up that nit but its' there and it's been bothering me since about 3:15 this afternoon. The other thing I would like to have the Town Board, the Ag Advisory letter of March 27`h at work session to the Town Board on this code, we gave you several recommendations, change of office for application submissions and this straight forward, not an issue, we talked about multiple versus single events and that was corrected immediately. We talked about for the future, we talked about exempting all private, by invitation only events but that's not part of this tonight... SUPERVISOR RUSSELL: That would be part of the subsequent review. MR. BAIZ: Right. And I think if the Town Board would clearlymake that known to our guests this evening, that we would understand that there is a future beyond just getting the administration checked out. And then the other issue, one of the other recommendations that came into Ag Advisory and so much of that we were hearing tonight is annual single permit for same type events, rather than, and so in some places they have indoor capacity they don't even need to get a special events permit but those of us who are too poor to have 10,000 square foot structures for us to host our special events in, we have to get special events permits. The other issue that I learned from members of the Board, when you have a special event permit, the town's noise ordinance does not apply and the only way that we ever find out that there is a neighborly issue is that there is a complaint when the neighbor calls in but it is never addressed by the police coming out and measuring the decibel level. And I personally and my wife said you better get it back in there, is that noise ordinance should apply so that if there is a complaint, it's measured and it's determined to be in violation or not in violation and nine times out of ten, it's never in violation. So again, I refer you back to our March 27`' letter to the Board at work session and the one last thing, a week ago last Wednesday at 4:05 in the afternoon, my wife got a phone call from a tent company that was going to put up a tent the following Saturday at our venue and she said we couldn't get a tent permit because you don't have a special event permit for that day. And great tizzy, bride was all upset, the groom was beside himself, he was also my son and now you know where I am going with this, so I said don't worry I will go down to the Building Department at 8:05 tomorrow morning and I showed up at 8:05 and I explained the situation and Mike pulled a yellow pad out from under the counter, slapped it on the desk and he said, write me a letter. And so I wrote him a letter in about 5 '/z minutes citing paragraph 3 or whatever and I walked out of there in about 13 '/2 minutes with my tent permit. So the town is resilient, is responsive and sometimes we have to get some steps out of the way. I think from the Ag Advisory point of view that the Board will be more involved with special events permits as needed, that the Board gets a better understanding of what our marketplace is and what is going on here and how do we deal with all of this and you know; they sort of sit in a vacuum, not Southold Town Regular Board Meeting July 3, 2018 page 90 knowing what these applications are and what they look like and the whole thing about the applications and number two in the list of things that you have got to do in the beginning, the address of the event and in the event application, the first thing they know about you anywhere is your Suffolk County tax map number and so that's your address and so that should determine immediately whether it is on public property, private property and what the fees are or what the fees are not and you know, I take some guidance from a couple of speakers, well, what's a police officer going to cost us if we have to have a police officer, so you know, and people can live with a ballpark number but is it $500 for the day, is it $1,000, is it $5,000 and nobody knows. Thanks very much for listening to me. I have got to go home and close the chickens up. SUPERVISOR RUSSELL: Thank you, Chris. Would anybody else like to address the Town Board on this particular change? UNIDENTIFIED: My only question is, why did we not make it solely administrative and Ms. Weisman, I totally respect that you need to get out of this position. SUPERVISOR RUSSELL: Meaning? UNIDENTIFIED: Why isn't the code just written for the administrative change and not all the other changes in the code? Being that there is so much concern here and a lot of people haven't had the chance to speak. We actually closed the hearing the last time you guys tabled it, we were told that we would open up and have a discussion about it and we have not. SUPERVISOR RUSSELL: Oh, I had a meeting, Steve Bate was there, I met with the Ag Advisory Committee at the discussion, I know a representative from the Farm Bureau was there. we discussed the special events legislation....where you at that meeting, Steve? MR. BATE: Inaudible. SUPERVISOR RUSSELL: Where I went over and I asked three times at the conclusion of the discussion, is this okay, is this okay? UNIDENTIFIED: That's understandable about the Ag Advisory but there are a lot of people that are not agriculture related that need to have some input in this type of code. It's not solely agriculture, it's understandable that the Ag Advisory needs to weigh in but so do other people. SUPERVISOR RUSSELL: Which is why we gave six weeks notice for the public hearing. We put it out everywhere. ANTHONY SANINNO: That's understandable, six weeks ago, at what point where we able to speak other than today? SUPERVISOR RUSSELL: At any time. Any time. Southold Town Regular Board Meeting July 3, 2018 page 91 COUNCILMAN DINIZIO: At any time. You know, you can write a letter, if you have complaints about the, if you see something in there you don't like, let us know. SUPERVISOR RUSSELL: Town Board meetings. COUNCILMAN DINIZIO: We had one letter, it was from a guy who lives across the street from Peconic Landing who doesn't like the music. MR. SANINNO: I thought this was our opportunity. SUPERVISOR RUSSELL: Public meetings, all of those things. I thought you were there but I will correct myself if I am wrong. MR. BATE: We did submit a letter with detailed comments and I am not sure of the timing of all the meetings but it was prior to the first public hearing. SUPERVISOR RUSSELL: Yes, that was the letter regarding all of the changes that were outside of the scope of these changes. I think the meeting was May 16. You, I think you were sitting to the left but we will talk to Chris and we will look at the minutes. The minutes of the Ag Advisory. COUNCILWOMAN DOHERTY: Do you have any other comments that pertain to the changes tonight? MR. SANINNO: Oh, I just think that there's a lot of ambiguous points to the code. I think you guys need to do a lot of work and I think you need to table this, maybe just do another resolution to do the change in the administrative part and give us time to sit down at a code committee meeting or something. That would be my request. SUPERVISOR RUSSELL: Fair enough. Would anybody else like to address the Town Board on this? BRENT PELTON: Good evening. My name is Brent Pelton from Greenport. I own a restaurant and two hotels on the North Fork and I am out here tonight because these events have enormous economic impact in the entire community and there does need to be certainty, not ambiguity, for the process of getting these permits and the ability to have them down the road. My restaurant in the hotel has hosted overnight guests at Sparkling Pointe, we are talking with a wedding party at Salt Air, vineyards, Bedell for next year, the events book up two years in advance, so it's so important that there's very straightforward rules in place so that there's certainty at the marketplace. We are able to hire people and keep our restaurant open year round largely because of these events keeping us busy. So thank you very much for your work here and I appreciate being able to speak to you. SUPERVISOR RUSSELL: Thank you. Kate? Southold Town Regular Board Meeting July 3, 2018 page 92 MS. SEPENOSKI: One of the things that, it wasn't underlined but change or intensification of the permitted use of the property necessitating a use variance or further site plan review is number 13 in section 205-5 but in section C, it talks about considering the approval or denial by the committee. I am still a little unclear about who the committee is if on the first page it talks about the newly about justice, I forget of the wording of it, government liaison officer. Who is that person? SUPERVISOR RUSSELL: That would be Denis Noncarrow, he replaced Philip Beltz when he retired. MS. SEPENOSKI: So he will act as the chairperson and take everything from the Town Clerk? SUPERVISOR RUSSELL: I think I am going to let Bill comment on that. TOWN ATTORNEY DUFFY: Yes. SUPERVISOR RUSSELL: I think he is more of a facilitator than a decision maker. TOWN ATTORNEY DUFFY: Right. He is going to oversee the committee, make sure that the applications gets distributed and that everybody meets and makes recommendation to the Town Board. There is no approval authority in the chairperson of the committee, he just makes sure the committee meets and makes the recommendations to the Town Board. MS. SEPENOSKI: And what you just said, now rather than having a decision made that can be communicated directly to the applicant, it would now have to go to a resolution by the Board and if somebody in the audience objected, that could halt the decision right there and it would have to go to an appeal? Is that what you just described earlier, Mr. Dinizio? COUNCILMAN DINIZIO: That's right. MS. SEPENOSKI: So that's a drastic change. That's not an administrative, that's completely different... COUNCILWOMAN DOHERTY: It's not a hearing. SUPERVISOR RUSSELL: No, it's not a hearing, that's not true, I am sorry. I am going to correct you on that, it is an administrative permit, there is, it is not a discretionary permit. The only time it would be if it didn't comply and we notified the applicant that they are missing certain documents, the objections were raised by the Chief, we needed traffic plans, things like that. But the resolutions are rote,we pass them all the time. MS. SEPENOSKI: Unless someone is allowed to speak... COUNCILMAN DINIZIO: Someone would have the opportunity.... Southold Town Regular Board Meeting July 3, 2018 page 93 SUPERVISOR RUSSELL: Someone would have the opportunity to... MS. SEPENOSKI: So that is very different than the permit process.... COUNCILMAN DINIZIO: Yes, it is. MS. SEPENOSKI: ....that's already in place that's considered administrative. This is a drastic change to what is being proposed. SUPERVISOR RUSSELL: It's not. MS. SEPENOSKI: And then considering the additional uses and then having that falling into building department, planning which can be over-ridden by the building department. Zoning issues, all the things that it seems are now being more heavily, the ground work is being more heavily weighed than it had in the past and if you change your, if the town perceives a change in that intensity it has the ability to put more restrictions and ask for the traffic studies and the site plan review and completely hold up or stop that agricultural business and its potential model and success in this town. So this is not administrative. If you had had the one paragraph as was stated by someone else earlier, this might be but this is not administrative. This is actionable, it talks about enforcement, it talks about those people coming out for enforcement which is the Town Attorney directing that and at the close of the hearing that happened in March, one of the people in the Ag community directly asked Mr. Duffy a question concerning one of those things, he said I am sorry, I can't answer that question you would have to ask my boss. Scott, I believe as the Supervisor would be that boss, so are you directing the Town Attorney on.... TOWN ATTORNEY DUFFY: I don't recall ever saying that, I have issue with that. MS. SEPENOSKI: It was at close of.... TOWN ATTORNEY DUFFY: I did not say you had to talk to my boss... MS. SEPENOSKI: Okay. But you are directing enforcement. Is it just based on someone's anonymous call? That you would send someone out? TOWN ATTORNEY DUFFY: We take anonymous complaints, yes. SUPERVISOR RUSSELL: The process for code enforcement in this is no different than any other aspect of the town code. So yes, anonymous complaints are accepted, we will go out and do fact finding on complaints, that's how the process works for everything. We didn't carve out a special exception for this and say well, we are going to treat it differently. No, it's going to be treated like any other aspect of the code. MS. SEPENOSKI: I respect that, I just want there to be a vetting that is an actual valid complaint and not just someone who is looking to cause a problem for that particular agricultural business person. Southold Town Regular Board Meeting July 3, 2018 page 94 SUPERVISOR RUSSELL: Or any business person. MS. SEPENOSKI: Or any business person for that matter because I have seen it and it happens and it's another reason why some of this community was in fear of what reprisals might come. Thank you. STEVE MUDD: Steve Mudd, Southold. I served on Southold Town Agricultural Advisory Committee for over 15 years, there seems to have been a shift with this administration definition of who the representative is for the wine industry on Long Island. It's not anybody on that wine council, never was and I don't believe it is today. I am not in the winery business but I grow grapes for a living but I think some of the people in this room can agree with me that once again, we are here a ridiculous amount of time, even for you folks, because the communication could be better. Scott, let me finish please. You have made numerous times, more than once, you will have time to sit down when this goes to the code committee, never once has that happened and here we are again tonight, wasting a lot of time on our end and yours because we never had the opportunity to sit down to the code committee. So I want to be put on public record, Chris Baiz or anyone else that's on that Ag Advisory Committee does not represent the wine industry. And the sooner you folks realize that and reach out to these industry players, so they can have a chance to sit down and have (inaudible) at the table, which they have been told it's going to happen a couple of times, it hasn't happened. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Would anybody else like to address the Town Board on this particular local law? (No response) I want to address one thing, with regard to Louisa Evans comment, I never referred to myself as anti- winery... COUNCILWOMAN DOHERTY: Louisa Hargrave. SUPERVISOR RUSSELL: Oh, what did I say? Okay, I am sorry, Louisa Hargrave. I have never referred to myself as anti-winery, what I told her in the context of the discussion regarding allowing wineries on five acres, I know this is how this is going to go, you are going to propose, I am going to oppose, this is how some people in the industry have tried to paint me over the years as anti-winery, but I have got news for you, if you think the public is willing to accept wineries on five acres, or any five acres in town, then you are seriously out of touch with the community and there has to be a balance of interest there, if that makes me anti-winery or makes you think I am anti-winery, so be it. But I also have to say if you think some winery owners want to see wineries open on five acres, than you might be out of touch with them some of them as well. Because it's not like I don't have good communication with many of the winery owners, they want to call me anti-winery, talk to Alex Damianos, talk to Pindar, talk to a lot of people, talk to Frank, talk to Chris. I am not anti-winery. But this is the problem, as soon as I don't say yes to every little request, I ain anti-winery. That's how it is presented. I never called myself that, what I said was you are going to call me that or certainly some members, not everybody, but some of the ag community, some who may or may not be winery owners. But I get that. Would anybody else like to address the Town Board before I close the hearing? I am going to close the hearing...I will look to the Board. Southold Town Regular Board Meeting July 3, 2018 page 95 COUNCILMAN RULAND: I am ready to close it. COUNCILMAN DINIZIO: I would make a motion that we continue the hearing, at least, we had it, we had a lawyer, an attorney that comes before this town for many, many years and she has comments that she would like to put on the record and I think we should afford her that. And quite honestly, I was on the ZBA for 25 years with Leslie and this is how I know to gather my information, okay, it's not in a code committee, it's when everybody comes and they speak and its' on the record. It's not when somebody comes and reads a letter that says Scott is anti whatever from some obscure meeting that we don't really know happened. And I think I have had a meeting with a few people here and I keep telling you, you have to come, you have to come and tell us what you want because I am not a farmer. I have no idea how you need to make your living, I hear from the other side because that's where I am. I am from the residential side where I need to make sure those roads are passable on the weekend for fire apparatus and you know, all the other things, other people trying to use their own property. You know, a classic example, is the Lavender Farm. Very successful business. What if you are all successful? What do our weekend look like and how long does that last before nobody comes out here because, you know, the traffic is horrendous. So, you know, we look at it that way, can we have a guy having a wedding every weekend or two nights a week a wedding because he needs to stay in his business. Well, what about the people live in the periphery? You know, we can't call them whiners, okay? They are here, they are trying to live. They bought next to a farm, they had certain expectations. One of those expectations was, if that farmer has to get up and spray at 6:00 in the morning, he is going to get up and spray at 6:00 in the morning because he has the right to do so, okay. And he is going to work until sundown pretty much, that tractor is going to keep going and the dust is going to fly but it doesn't include a band, it doesn't include music until 11:00 at night, okay? That's special and we need to someway find a way to control that. I don't know how to do it and I am certainly willing to have a discussion but this is where you have to have it. Okay? If you see that the law is coming out,jot something down, write it down, email us, whatever you have got to do. I read all my emails, I try to respond to them. Okay? Not because I think you need to know, I should say, you need to know what I am thinking and I will tell you what I am thinking before this meeting because you need to know that because that's the only way you can have a discussion. And somewhere along the line we are going to need to compromise on this, on how you guys can make a living, you know, the whole five acres thing, they are going to get different goodies than the people who have 10 acres, maybe a super winery, we have to figure out what that is, okay? But we can't have a guy, an expectation, you know a two acre lot in a subdivision considering themselves a farmer and they can have special events and it happens to be a wedding. Ladies and gentlemen, we have that going on in this town right now. Empty lots on the bay, okay, calling themselves wedding venues. They are not even farmers anymore. We are all trying to deal with that and part of that is increasing the amount of code enforcement we have and you know, it's not how the code enforcement reacts, he has a certain way that he has to do it. It's not picking on anybody and pretty much now,just picking and choosing from the wide amount of complaints that we have. So there, come, comment, this is the way I learn, it's the only way I can learn. Even sitting down with you know, four or five of you in a meeting doesn't help me as much as it does when I know that you are sitting there and I know that I can go back 10 years from now and read what you said and the public deserves that, too. I would like to hold this meeting over, at least another two weeks, a Southold Town Regular Board Meeting July 3, 2018 page 96 month whatever it is so we can get some comments. And I would encourage you, especially your comments about, if you can write that down. SUPERVISOR RUSSELL: Can I take that as a motion, Jim? To table? COUNCILWOMAN DOHERTY: I want... SUPERVISOR RUSSELL: Let me see if he gets a second. He has a motion to table? Does he have a second? (No response) Okay. COUNCILWOMAN DOHERTY: I think, I agree with a lot of what Jim is saying but I feel, I agree with basically go back to what Leslie said at the beginning of the meeting, that I think the Town Board needs to handle this on a daily basis, that's the way I am going to learn from this process. I have learned from talking to you, I have learned from talking to Leslie and what we see but I think if we make this change now, we start working this process and we all have agreed from the beginning that we need to sit down and overhaul this whole code. And the best way that we are going to learn is if we do it ourselves, the process, and we see what works and what doesn't work. We need to, I think this is a step forward, it's going to be a long process. There's a lot that needs to be changed. A lot of good comments were made tonight that I would like to have further discussion on and I think if we move ahead with this, we can keep moving with it. RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Who would like to address the Town Board? Steve? STEVE MUDD: Steve Mudd, Southold. There's some comments made by some of you folks sitting up there on the Board this past month in regards to businesses are upset that the wineries are taking business away from them and they are not zoned to do that and the wineries don't pay the taxes that the business community pays, so I would like to start with Councilman Ghosio, you made the comment more than once. COUNCILMAN GHOSIO: Not that one. MR. MUDD: You have made comments that wineries don't pay taxes that business community does. COUNCILMAN GHOSIO: I did not say that. MR. MUDD: Mr. Ruland, you did. Would you clarify that please? Can you tell me what taxes some of the wineries pay in Southold Town? Southold Town Regular Board Meeting July 3, 2018 page 97 COUNCILMAN RULAND: Can I? No. MR. MUDD: But you made the comment that some of the wineries don't pay the taxes that businesses do. You talk about public perception, my opinion, you guys.are guilty of turning our neighbors and our fellow business people against our business. Maybe you don't realize it but you are. Again, this is my opinion, I can't speak for anybody else in this room but I took it upon myself to call some of the wineries okay, and just fyi, one of the wineries has two tasting rooms that I spoke with, they pay $61,000 for the retail sales footprint. Another winery that I spoke to, they pay $32,333. Another winery that I spoke to, also has two tasting rooms, they pay $75,000 in property taxes. Another winery pays $65,000 in taxes. Another winery pays $21,000 and I just talking about retail sales footprint, you move back to public perception, you are turning the community against us and I just can't understand why. Scott...let me finish speaking please. I am speaking. Thank you. Scott, you make the comment that you are not anti-winery. Wow. Let me finish, you try to create a moratorium, we stopped that. You did that. You put up every concrete block you could to stop anybody from trying to get a permit to put up another winery. Acknowledge that please. SUPERVISOR RUSSELL: That is absolutely untrue. MR. MUDD: You guys have a good night. Thank you. SUPERVISOR RUSSELL: Steve, can I address the taxes for a second? Can I address the taxes for a second? The property tax issues. There's a lot of misunderstanding about what wineries pay and what they don't pay. Wineries aren't assessed as commercial properties, they are assessed less, however, they don't have the same value because if you have a commercially zoned piece of property when you go to the market to sell it, there's all these alternative commercial uses that you have. So it's worth more to them, that's why they get assessed higher. Wineries, unfortunately for them, if they don't want to have a winery anymore, the buyers, it's going to limit their buyers. So that's why you don't get assessed as much, you generally get assessed, I am not saying that taxes aren't too high out here but they generally get assessed at a residential rate. It's because you don't have the same resale value. Commercial properties have more options, they are worth more, they should be paying more but I certainly never said you weren't paying enough. I never said that. MR. MUDD: Well, there's been more than one of you Board members in a public comments, actually, it was related to food trucks. You are not allowed to have food trucks, ag residential zoned property, you are not allowed to do retail sales. How did the building department give out 42 winery permits? That's retail sales, guys, I am confused. SUPERVISOR RUSSELL: That's retail sales as the code exists. It's permitted by code. All retail sales aren't the same. MR. MUDD: What I am asking is, don't divide the community members that are in business and agriculture, please. You are doing it, maybe you don't realize it but you are. You are. You are making inaccurate statements, you are turning other people in businesses, restaurant owners Southold Town Regular Board Meeting July 3, 2018 page 98 etc., against us. Oh, the wineries get to do this, get to do that. They don't pay the taxes we pay, that's not a true statement. I want to put that on the record. That is not a true statement and for you folks to make those comments and not have the numbers, shame on you, okay? COUNCILMAN GHOSIO: Well, first off, I want to correct you, if you are going to say what I have said, let's set the record straight. I did not say the wineries don't pay the same taxes or taxes at all, what I said was that the food trucks don't pay the taxes when they come from out of town and meanwhile we have got restaurants and folks who are conducting business here who do. in fact, I not only recognize that the wineries pay into the tax base and are an important part of it, they also commit to a lot of the charitable organizations in this town and they are a very important part of what our economy is all about and our community. So take exception to the idea that I said something I didn't say, okay? That's the only thing I have to say. I value what you guys do. I do. So I don't, and I don't know where that perception came,from because I am trying to protect other folks that do business in town because we got food trucks. MR. MUDD: Maybe I was the only one who heard it. COUNCILMAN GHOSIO: I didn't say it. MR. MUDD: There was more than one of you.... COUNCILMAN GHOSIO: And I was quoted in the newspaper, what I said. MR. MUDD: Thanks for your time. ADAM SUPRENANT: Hi, Adam Suprenant, Southold. I did a little, by the way for everybody still left in the audience, I am going to be very brief. All these tax records are available on line, so you can look up and see what everybody pays and you can look and see what they actually paid, if they paid and if they didn't pay.. So anybody can look this stuff up, so it's not a secret on What everybody pays. So I talked to Steve Mudd and he was very upset about this issue, I wasn't here at the meeting so I don't' know what was said but I would just like to mention to the Board, I looked up and down, I took the property tax number and I went up and down Route 25, I typed in the property tax map number into the data base that has all the tax information. So there is a difference for wineries on whether they are on a cut out that has been subdivided and they have with rights intact and where the rest of the parcel is rights sold, okay. So I looked at some of those parcels and they were on par with what a CVS pays in Mattituck, so CVS pays roughly $50,000 in taxes in Mattituck. Now, everybody, that's retail and some of these wineries and I would think that the assessment is based on square footage and the fact that you can have a winery makes the property valuable, so to say that you couldn't have a movie theater or bowling alley on the ag land but I think it's unfair to say that commercial property pays more when they don't, okay. And a restaurant on a little postage stamp piece of property which I guess is about 1/8 of an acre, they pay about $7,000 in taxes. Now I don't want to, this is not about who pays what or where but I think Steve has a point that wineries contribute and thank you, Councilman Ghosio for saying that on the record, the wineries contribute a lot to the tax base here and we are Southold Town Regular Board Meeting July 3, 2018 page 99 proud to be viable, long-term businesses to be able to do that and so I just think, for the record, everybody pays too much taxes, so there's no dispute there. Thanks for your time. SUPERVISOR RUSSELL: I just want to clarify so there's no misunderstanding, in anything I said in regard you can't have a movie theater or anything, that's in defense of the industry because one of the, and I have been saying this for 12 years and I think I answered questions for Ron going back over a decade about the misunderstandings about taxes and that is people think all this winery activity is taking place on all this exempt, you know, they all get their ag exemptions. The ag exemption is just generally pertaining to the land and they are the same regarding the land whether it's a winery or not, those exemptions are pretty good. The taxes have been creeping up on those, too, I know but the building itself wouldn't be appropriate to tax like commercial property because they don't have the same benefits the commercial property would have. They don't have as broad a market if they ever resell it, if you look at the resell value. That's in defense of the wine industry if people think they are not paying enough. We all know they are paying taxes to be a winery whereas another vacant commercial property should be paying more taxes because they could be so many other things. There is a broader market range for that, that's what I am talking about. It's actually in defense of the industry and a misnomer that having all this activity taking place on exempt land, that's just not the case. COUNCILMAN DINIZIO: To that end, Scott's end about what you are allowed to do on a piece of property and all of that, you know, and if we are talking about food trucks because I suppose that's what we are, one of the things a winery can't do is have a commercial kitchen so they can't produce food that they can sell to a person, the public. That's in our code and that's, you can't have a commercial kitchen in a winery and there's a reason for that. And the reason was we didn't want them competing with restaurants. That's the whole thing, okay. Now, all you did was take a commercial kitchen, put it in a truck and drive it on the property. This is what I think the restaurants are getting at, I don't know if it's the tax part of it, it's the competition part. Okay? And I think that's where they feel slighted. Either we change the law to say you can have, you know, sell food commercially on a piece of property, I am not so, I haven't bought into the whole retail thing because you are right, you sell trinkets, you sell lavender, you sell wine, it's all retail but specifically you are not allowed to have a kitchen if you are calling yourself a winery. You are allowed to have a kitchen that can produce food that you can sell to the public, that's there and exists and it's part of the value or lesser part of the value of your property right now. So I don't buy that whole retail thing, I think that's the crux of the whole thing when it comes to food trucks. MR. SUPRENANT: I would just like to say on that, you know this is a free enterprise, capitalistic society so any restaurant here or deli, can start a food truck and I would be the first one... COUNCILMAN DINIZIO: That's not the point. MR. SUPERNANT: Yes, it is the point. COUNCILMAN DINIZIO: No, it isn't, sir. It's called zoning. No, it's called zoning. Southold Town Regular Board Meeting July 3, 2018 page 100 MR. SUPRENANT: Inaudible. I am on commercial property, I would be happy to host them if they wanted to have food truck, so this is not about trying to kill somebodies business, in fact, this time of year most of the restaurants probably couldn't handle a food truck because I don't know if you guys have been looking at the help wanted section of the paper but the labor shortage out here is acute right now, it's not just for restaurants, it's for farms. Each one of us, I can tell you, who's farming are multiple people down with regards to their operation. So I think that the notion that wineries are stealing business away from the restaurants, well, they can get into the food truck business and so I think that is the point and many of us would be happy to host them. I didn't want to bring that up at all but I think it just needed to be clarified. Thank you. COUNCILMAN DINIZIO: Well, I just think that's what Steve was getting at, you know, the whole tax thing and not paying taxes, you know, I am a restaurant. I think that's what that whole thing was and it isn't that. You know, it has to do with zoning. The only reason the town exists is because of zoning and we have certain rules, if you want to call yourself a restaurant, you have to be in a certain location. If you want to call yourself a winery, you have to be in a certain location. A restaurant has to meet all the parking and stuff, a winery has to do everything but it can't have a commercial kitchen and it can't produce food. That's the crux of that problem and honestly, it's not retail for me. The problem isn't that they are doing it retail, the problem is they are doing it in contravention of that particular rule that we have, that we call you a winery. MR. SUPRENANT: Sure. I think you can also call a food truck operator a caterer and those operate on winery properties all the time. SUPERVISOR RUSSELL: And they are allowed as part of the food service for a special event. They are allowed. COUNCILMAN DINIZIO: Special event. SUPERVISOR RUSSELL: Special provision for that. MR. SUPRENANT: Right, but I mean to say you can't have a commercial kitchen, you know, there are ways to do it. So anyway, I've said enough. SUPERVISOR RUSSELL: I just want to ask something with regard to commercial uses, should someone be able to open a farm stand on agricultural land, if they are not farming? Should they be allowed to open a farm stand if they are not farming? Because the agricultural community will disagree with that. they will say, wait, we have a farm stand because we are growing, we are producing our crops and I think Kate, you have got to admit, that's what the ag community would probably say. in fact, they asked us to create licenses to make sure that people operating farm stands, I don't think you were in support of it, the Ag Advisory Committee did, Ag Advisory did because they wanted to make sure people were really growing what they were selling but if you start allowing farm stands on ag land without making them farm, it's a retail operation. Now in Southold, you are allowed to have a farm stand without the ag component but you have got to do it in zoning where it's permitted. There's no distinction here. And I think Southold Town Regular Board Meeting July 3, 2018 page 101 people are over focusing on the idea of complaints, it's a zoning issue, it's not a complaints issue. I told you a while ago, some of the restaurants want to see the food trucks stay there for their own reasons but I think people think we are focusing on this because a couple of deli's complained. That's not the case. KATE SEPENOSKI: On the eve of 4`h of July, I feel I have lost a lot of my liberties tonight. And I am very saddened by that. I feel that the opportunity for trust was lost by some people. I appreciate, Mr. Dinizio, your comments and Mr. Ruland, I appreciate yours and I believe they are true. Mr. Russell, I hope that you live up to the challenge you gave yourself because we are certainly going to be watching. But I want a point clarified by everybody up there, if someone shows up to my CSA and there's more than two people gathered, is that gathering considered a special event. If more than one parent with their child is there to walk around the farm and learn about things, is that considered a special event? And am I going to get a summons or the code enforcement showing up because these are the types of things I am doing on my farm? Go down the line. COUNCILMAN DINIZIO: No, it's not. The special event permit is when you exceed, okay, whatever your site plan is. If you have 20 parking spaces... UNIDENTIFIED: Inaudible. COUNCILMAN DINIZIO: Well, I know you know but that's why she is issuing that permit, so we have control over the parking and you know, we have people that are going to go, we ask you questions and you give us answers and you live by those answers. That's the special permit. That's not to say you could have 40 people show up and they all want rutabagas and that turns into a parking problem but I don't think that's why we are issuing this special events. COUNCILWOMAN DOHERTY: If you happen to have a busy day and it's a couple of busy days a week and it's more than the normal capacity, that's great and we encourage that. we don't consider that a special event. We are not going to come up and say you had a busy day so now you have to get a special event permit. SUPERVISOR RUSSELL: I would say if there's a need for more clarity, that would be a good topic of conversation as we talk about revising the code. COUNCILWOMAN DOHERTY: That's something, yeah, we can discuss further. MS. SEPENOSKI: Well, I have already sold the CSA's, the people that are showing up, you don't necessarily show up at the same time but they may. With my grandson on the farm, I am encouraging young families to come and to spend time so that he is socializing with other children and so that the parents of these children are learning about the value and they are asking for that added value as an experience with their children. COUNCILWOMAN DOHERTY: To me, I consider that part of your business. Southold Town Regular Board Meeting July 3, 2018 page 102 COUNCILMAN GHOSIO: Yes, I don't understand where that question comes from. Picking up their shares? MS. SEPENOSKI: It says any gathering. Look, I am looking for clarification. After tonight, I feel very,just very disappointed and I want to make sure I am not.... COUNCILMAN GHOSIO: People coming to pick up their shares at your farm, where you grow the vegetables they are purchasing, I don't see how that can even be construed as a special event. Sorry. I really don't. MS. SEPENOSKI: Okay. I am going to take your word. Thank you. ROBERT DUNN: Robert Dunn, Peconic. We had a meeting with the Army Corps last week and there was a request for a letter, I was just wondering if that has been discussed or decided? SUPERVISOR RUSSELL: We actually discussed reaching out to Suffolk County since they have a larger stake in the issue, with regard to the erosion. They own most of the property around Goldsmiths Inlet and we think the County should make the request through the Department of Public Works. And we are reaching out to Legislator Al Krupski. MR. DUNN: So that's where we stand on that right now? SUPERVISOR RUSSELL: That's where we stand. MR. DUNN: Alright, thank you. SUPERVISOR RUSSELL: If that's not feasible, then we will certainly look at the other options. MR. DUNN: Okay. Because there really is no commitment with that letter. SUPERVISOR RUSSELL: Well, we are trying to review that now. MR. DUNN: Inaudible. BENJA SCHWARTZ: Good evening, Benja Schwartz. Why don't Southold Town Board committees hold hearings, I am not talking about public hearings, there's specific types of hearings defined by law and required by law. But why don't committees hold hearings open to the public? I know that anybody is able to attend the code committee meeting for example but I have never heard of the code committee inviting people, other than specific people representing specific interests. Why can't committees hold hearings open to the public or why don't they? SUPERVISOR RUSSELL: We invite the public through public notice. MR. SCHWARTZ: Do you understand my question? Southold Town Regular Board Meeting July 3, 2018 page 103 SUPERVISOR RUSSELL: I am sure I do. MR. SCHWARTZ: Well, there was a discussion in one of the public hearings earlier about why didn't we had, before we had this quote-unquote public hearing, legally required, why didn't we have a public forum whether it be by the code committee or it could be by the Town Board but I think it's preferable to have it in front of a different authority, not one that is the end going to be the same authority that is going to conduct a public hearing, it gets very confusing to me because I believe some of the Town Board members reflected. So let's make that a suggestion unless somebody would like to make an intelligent comment on that. Regarding communications between the Town of Southold government, may I have the permission of the Board to address this to the Town Clerk since it is, although it is a Town Board meeting, it most particularly involves the functions and the duties of the Town Clerk, but I think the Town Board has an interest and I could address it to the Town Board and then they could refer it to her. but I would like to directly... SUPERVISOR RUSSELL: I would rather... MR. SCHWARTZ: ...address this and have you listen for a minute. SUPERVISOR RUSSELL: I would rather you direct it to the Town Board. MR. SCHWARTZ: Fine. Do you, the members of the Town Board, do you know what ICR is? SUPERVISOR RUSSELL: ICR is the software we use to load agenda items. MR. SCHWARTZ: No. SUPERVISOR RUSSELL: Which one is that? IQM2. MR. SCHWARTZ: That's IQM2, does anybody know what ICR, formerly known as OCR is? Intelligence character recognition which is much preferable to optical. The relevance to tonight is that the documents that were on the agenda tonight, in particular the agenda document, which the suggestion is, why can't we separate documents such as the proposed local law from the main agenda and use a link, a hyperlink to link to it online and in the printed agenda, there could be a link to an appendix of the agenda. But when you have a document such as the proposed law and it's incorporated in amidst all these resolutions, you lose it. furthermore, when you look at it online, you are unable to search through that document for particular terms. People who are serious about editing content which I hope that anyone involved in legislation, codes would be, are able to work much more effectively and the public would be able to work much more effectively if such documents were posted as a PDF with ICR's incorporated. So that they could be searched, you could find particular words in sections there. if the Town Board wishes, I believe it has the authority, it could so direct the Town Clerk's office to take up both of those ideas. Number one, separate out the pertinent documents that are referenced in the agenda from the main agenda and two, use ICR for both, the agenda document and the... Southold Town Regular Board Meeting July 3, 2018 page 104 SUPERVISOR RUSSELL: Any recommendation you would like to submit to me, I would be glad to forward it to the Town Clerk. MR. SCHWARTZ: I would just like to put it on the record, that I offered to submit this in private to the Town Clerk but she was unwilling to meet with me on this issue. TOWN CLERK NEVILLE: When was this, Benj a? MR. SCHWARTZ: It was a while, it was not recently, it was more than once. More than once. Yes and my memory is very clear on that subject. I asked you to meet to discuss how the, how the Town Clerk's employee who handles the processing and the posting of the documents works and I was denied a meeting. Okay? SUPERVISOR RUSSELL: I appreciate it. MR. SCHWARTZ: So if you ever have any further questions on this issue, you know how to get a hold of me. SUPERVISOR RUSSELL: And Benja, you certainly know how to get a hold of me... MR. SCHWARTZ: No, that is wrong. SUPERVISOR RUSSELL: You are welcome in my office... MR. SCHWARTZ: I am getting a hold of you right now... SUPERVISOR RUSSELL: I just, we just... MR. SCHWARTZ: I am not going to come back here, I have been coming to you for years. SUPERVISOR RUSSELL: You don't have a presentation to make, so come to my office, you know I will sit down with you anytime. MR. SCHWARTZ: No, I am not going to put it in writing and make a presentation. SUPERVISOR RUSSELL: Well, then come and give it to me orally. I mean... MR. SCHWARTZ: I just did and it's on the record. If you need more, you can come back and I can give you more. SUPERVISOR RUSSELL: Oh, I appreciate it. Thank you. MR. SCHWARTZ: But I hope that you will act. Southold Town Regular Board Meeting July 3, 2018 page 105 SUPERVISOR RUSSELL: I appreciate it. Thank you. Would anyone else like to address the Town Board? GEORGE HAASE: I am George Haase, I am treasurer of the North Fork Promotional Council. The town provides us with a grant which enables us to do the booths and those funds, I was told were going to be made available after tonight's meeting. I didn't hear any reference to them... SUPERVISOR RUSSELL: We are trying to put money in place now. But I made a commitment, Dave will tell you but we are trying to put money in place, it wasn't budgeted for 2018, so we are in the process of doing that now. MR. HAASE: Okay, thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? MS. SEPENOSKI: We would like to know when we will hear from you as to the next steps in that communication process that Mr. Ruland spoke about? COUNCILWOMAN DOHERTY: Oh, I have a question. When would be more convenient for you? Do you want to start it now or do you want to start it in the fall when you are not as busy? Or later in the fall, what would be more convenient for you guys? MS. SEPENOSKI: It sounds like we need clarity as soon as possible, so it doesn't fall to the wayside. We are very busy but we showed up on the eve of one of our busiest days. so not a holiday evening on a Tuesday would be lovely. COUNCILWOMAN DOHERTY: We will work on scheduling.... SUPERVISOR RUSSELL: I am going to talk to the Agricultural Advisory Committee because they need to establish clarities as well, particularly since we just gave them broader stature. Their priorities right now are establishing uses. Some of this can be rolled right into the uses and I do not want to set that to the side to take this on, it's a long process. I am going to look to them... MS. SEPENOSKI: Don't dodge it yet, Scott. SUPERVISOR RUSSELL: I am not dodging it. I am telling you right now, my priority would be to focus on uses in the ag zones. It will be far more beneficial to the ag community. UNIDENTIFIED: Inaudible comment from audience. SUPERVISOR RUSSELL: They are working on it now, I am working on it now, to make a regular point to meet with them. MS. SEPENOSKI: Inaudible. Southold Town Regular Board Meeting July 3, 2018 page 106 SUPERVISOR RUSSELL: I am sorry, when? Well, I am not making a commitment. If Bill wants to chair it, if Bill is willing to take that on, I would be happy to participate. If he wants to work on that as a parallel path with the ag uses,that would be fine with me. MS. SEPENOSKI: I believe that might in two weeks? Or no, a week because they just met last Wednesday. Is that correct? COUNCILMAN RULAND: I believe they meet on the l lt" SUPERVISOR RUSSELL: If Bill or a Board member wants to take that on and-I will focus on the other issues with the Ag Advisory, that's fine with me. I would be happy to participate all you want. MS. SEPENOSKI: Okay. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) I feel bad that Steve Mudd left because he said some things that should be addressed and I am sorry he doesn't want to stay around to hear the responses. First of all, calling for a moratorium on wineries is not anti-winery. I call for a moratorium on retailing a few years back, that doesn't make me anti-retailing, what it did is make us create better code. Call for a moratorium on mini-marts at gas stations and you know what? We developed new code and they all got to put mini-marts. So I have never stood in the way of any application and if he can give me a specific example, I would love to address it with him. I would invite him back in two weeks to give me specific examples of any application I have stood in the way of, in any zone, any use. 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 10:40 P.M. Elizeth . Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell