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HomeMy WebLinkAbout07/25/2018 Town of Southold Agricultural Advisory Committee Meeting Listening Session Minutes of July 25, 2018 Opening: The listening session meeting of the Agricultural Advisory Committee was called to order at 7:05 pm on July 25, 2018, in Southold Town Hall meeting room. Members Present Members absent Guests Chris Baiz John P. Sepenoski Linda Apostle Douglas Cooper Karen Rivara Ron Apostle Jim Glover Mark VanBourgondien Steve Bate Tom Stevenson John B. Sepenoski Jr. Ed Dart Councilman Bill Ruland Salvatore Diliberto Mike Falcetta Ron Goerhr Bob Hanlon Shelby Hearn Dorothy Konarski Al Krupski Nick Krupski Fred Lee Karen Lee Laurie McBride D. McHentley Sandra Meyer Karl Novak Scott Romond Katie Sepenoski Eric Sepenoski Adam Suprenant Approval of Minutes/Next Meeting: ththth In the absence of a quorum of committee members, minutes of May 16, June 27 and July 11 listening session are pending committee approval. Next committee meeting scheduled for August 22, 2018. Tuesday, August 21, 2018 Town of Southold Agricultural Advisory Committee Meeting Listening Session Minutes of July 25, 2018 Listening Session: definitions relative to farming. Announced the Agricultural Advisory Committee was recently codified by the Town after a public hearing (see attached RES-2018-504). Committee is examining crops and have processing similar to the wine industry. This allows cash flow necessary to support the farms in Southold Town. Years ago, the Farm Stand code Chapter 72 Agricultural Uses was developed and passed by the Town Board. In the Farm Stand code, the following was added: up to a 3000 sq. ft. building can be constructed without a site plan, at least 60% of the gross dollar value of all items offered for sale shall consist of agricultural products grown by the farm stand operator within the Town of Southold and no more than 40% of the gross dollar value of all items offered for sale at a farm stand may consist of only these items (summarized): Agricultural products grown by other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold not including products not grown in Town of Southold. Items manufactured or processed from agricultural products grown by the farm stand operator or a person or entity that is engaged in bona fide agricultural production within the Town of Southold. Clothing, similar items and souvenir items must promote the specific farm stand site or operator. Other accessory items, complementary to the specific farm stand agricultural operation such as decorative house wares, planters and like items. The result is there is still discussion relating to this with guidance from the Town Attorney. Further ng qualified to sell agricultural items in the Town of Southold. The key issues for discussion at this session are as follows: Move Chapter 72 Agricultural Uses into Chapter 280 Definitions Farm Stand Operators Permit Tuesday, August 21, 2018 Town of Southold Agricultural Advisory Committee Meeting Listening Session Minutes of July 25, 2018 A listener offered that the Farm Stand Operators Permit needs more input from farmers and farm stand operators and this segment should be pulled from passage until more input is obtained. The listener also presented that right. This is managed through the New York State guidelines and the Town should adopt what Ag & Markets has already in place. There were several listeners that agreed with this assessment and felt this would be simpler and result in less government regulation on the local level. It was also stated that Article 9 of the New York State Constitution says that Local Laws may not be inconsistent with prior laws in matters of Another listener noted that one way to limit a farm stand that does not follow the 60/40% rule is to not allow it to open until there is a harvest to sell. This would alleviate the problem of a farm stand opening before the normal harvest time bringing in products not grown in the Town. Discussion on Chapter 280E section 6. Penalties for offenses. The section gives the Agricultural Advisory Committee power to determine if an operator is not farm operation or a bona fide aquaculture/mariculture operation or has caused, permitted or allowed to exist any violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the operator. If the direct marketing operator permit is revoked, or if the operator allows any other violation of the Town Code to remain uncured for a period of 14 days or more after written notice is given to the operator, the Chief Building inspector shall revoke the certificate of occupancy for the direct marketing facility. (See attached draft). It was noted by listeners that they felt the Agricultural Advisory Committee should not be the single deciding authority. It was also noted that includes processing. Discussion on Agricultural processing from raw state to processed to include wine and distilled . As Ag & Clarified with regard to Agricultural and Farming operations. Agricultural/Farming does not apply to Agricultural properties. Tuesday, August 21, 2018 Town of Southold Agricultural Advisory Committee Meeting Listening Session Minutes of July 25, 2018 The committee feels that the agricultural community needs to move forward with these changes to Uses, Definitions and Town Code. The way to approach this is with small, frequent changes rather than large sweeping ones. The likelihood of changes being adopted is greater with this plan based on the committees prior work with the present Town Board. survival. Right now, processing is only for Southold Town products processed in Southold Town. The farming community needs to communicate with the Public about the caliber level of products produced here in Southold Town while pointing out those that do not subscribe to the same level of excellence. The issue of the non-compliance and un-enforced 60/40% rule discussed and revisited. This falls on the Town Building inspector or Code enforcement. Listeners pleaded that the Town needs to enforce the rules on those who are in violation. The Town Building Dept. has stated that all the offenders need is a C of O. Code enforcement would be the next step. The current farm stand code has monetary fines and imprisonment for those violators. The proposed code has permit revocation with a 14 day window for compliance and a 30 day appeal process. Some of the listeners are against the Farm Stand Operators permit and belie ability to enforce the laws already on the books or enforcing the law selectively is the issue and more legislation will not solve the problem. Should we be pushing the Town on enforcement rather than more laws? Vote taken of the audience farm stand operators. Of the 9 total present 4 were FOR the changes proposed and 5 were AGAINST. This will be taken into account by the committee when attending the Town Board work session. Discussion of farm employees and workforce housing with workers travelling to Southold from western Suffolk because there is severely limited affordable housing in Southold Town. This was seen as a challenging difficulty for the farming industry and Southold Town as a whole. laws that are more restrictive than New York State. This is where there is disagreement between the committee and listeners. The listeners feel adopting Ag & Markets regulations would result in fewer restrictions on the farmer and/or farm stand operator. The listeners believe the Town also tries to prohibit uses. The committee deems that these changes need to be adopted in order to help secure the future of agriculture which makes up one-third of Southold Town. Tuesday, August 21, 2018 Town of Southold Agricultural Advisory Committee Meeting Listening Session Minutes of July 25, 2018 Final remarks about how agriculture is changing, seasonal and unpredictable. It is almost area. This could result in family farms being sold off and not viable for farming in the future therefore changing the landscape of the Town of Southold. Main discussion points to bring to the Town Board work session on Tuesday July 31, 2018 at 10:15 th am. The committee will review the minutes of the June 27 committee meeting and both Listening thth session minutes (July 11 and July 25) before the work session. The main concerns brought up in th the July 25 listening session were: The Farm Stand Operator Permit which will now be called the Direct Marketing Operator Permit. Specifically, the need for this as this is legislated through NYS Ag & Markets. The authority of the Agricultural Advisory Committee with regard to penalties for offenses relating to violations of Town Code. Clarification requested on the 60/40% relative to local content restrictions - Adjournment: Session adjourned at 9:05pm. Minutes respectfully submitted by: Cheryl Kaswell Tuesday, August 21, 2018