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HomeMy WebLinkAboutTB-06/05/1990441 $OUTHOLDTOWN~BOARD JUNE 5, 1990 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilwoman Ellen M. Larsen, Councilman Thomas Wickham, Town Attorney Harvey A. Arnoff, Assistant Town Attqrney Matthew G. Kiernan, Town Clerk Judith T. Terry. Councilwoman Larsen absent from the afternoon work session. 9:45 A.M. William Moore, Esq. and his client Robert Pflu~ler met with the Board to discuss Mr. Pfluger's application for a permit to operate the temporary storage of discarded vehicleS, scrap metal and resources for salye and recycling on a parcel he is leasing at Depot Lane, Cutchogue. (Mr. Pfluger is currently before the Justice Court for running an illegal junk yard.) Although the Board agrees that Mr. Pfluger's services are badly needed in the Town, the location is questionable. They feel the business would be acceptable if it were located in the vicinity of the Landfill, however, they might consider a temporary permit if the proper conditions and restrictions were imposed. Town Attorney Arnoff will work with Mr. Moore in draft- ing conditions and restrictions for the Board's consideration. (Mr. Moore was provided with a copy of a petition which was filed with the Town Board, signed by area residents, in opposition to the location of Mr. Pfluger's business on Depot Lane. 10:25 A.M. - A number of Affordable Housing Program participants, aswell a Edward Reale, attorney for the North Fork Housing Alliance, and representatives of Two Bears,' the builders of the homes, met with the Board to discuss problems they have been experiencing with the program which has been in progress since 1988. Participants Michael Widener, Cathy Widener, Jante Odden and Ira Millman made statements to the Board with respect to their various problems. The Board was asked to lend assistance in completing the homes and the construction of roads to some of the homes. Town Attorney Arnoff made it clear that the North Fork Housing Alliance is not an arm of the Town of Southold, but a separate entity, however, he offered his office as a liaison to the participants, and the Town Board agreed to cooperate in every way to bring this project to a conclusion. 11:20 A.M. - John Bednoski and Kevin Bednoski met with the Board to question the various-proposed amendments to the Peddling and Soliciting law, as they will be unable to attend the public hearing scheduled for the evening. A letter submitted by Kevin Benoski was reviewed and discussed and will be entered into the public hearing minutes. 12:05 A.M. - Landmark Preservation Commissioner Chairman John Stack, and member Ralph Williams, met with the Board to request an increase in the expenditure for the design services for their book "Houses of Southold", and an expenditure for production supervision and consultation (see resolution no. 27). 12:15 P.M. - Recess for lunch. 2:15 P.M. - Work Session reconvened and IZ. Vbn Kuhen met with the Board and sub- mitted his proposal to obtain NYS Affordable Housing Corporation assistance for the proposed 18 lots in the Southold Villas Affordable Housing Project, which funding would representing an allocation of $25,000 per unit. To obtain the grant the Town must be the applicant. The Board will consider Mr. Von Kuhen's proposal. EXECUTIVE SESSION 3:00 P.M. - On motion of Supervisor Harris, seconded By Councilman Penny, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: All. Board of Appeals Chairman Gerard Goehrin~ler met with the Board to discuss personnel and pending litigation. , , , 3:05 P.M. - Supervisor Harris distributed copies of a recently received letter from The Way Back, Inc. stating that their agency has located a potential site for a community residence for mentally disabled persons at 500 Crown Land Lane, Cutchogue. Under New York State's Site Selection Law the. Town has: 40 days to make a decision with respect to accepting or rejecting the site. Since time has elapsed since receipt of the letter, the Board felt a public hearing should be held with respect to the proposal, and set 8:05 P.M., Tuesday, June 19, 1990, for the hearing. A Way Back representative has advised the Supervisor's office that they will notify all of the residents in the area of 500 Crown Land Lane. 442 JUNE 5, 1990 5.'20 P.M. - For Discussion Items: (1) Proposed resolution to rescind the "Policy with Respect to Board or Committee Reappointments" will be held until June 19th. (2) Pending appointment to the Conservation Advisory Council will be held until June 19th. (3) Discussion about exempting fees for affordable housing projects submitted by not- for-profit corporations (see resolution no. 33 rescinding same). (4) Decision on the petition of R6bert & Katherine Halikias for a change of zone (see resolution no. 34). (5) No applications were received for the vacant position on the Open Space Committee. On June 19th the Town Board will discuss combining the Open Space and Farmland Committees. (6) Appointment to the vacancy on the Board of Assessment Review (see resolution no. 35). (7) Meeting of the Peconic County Study Committee Members will be held at 7:00 P.M. on June 14th - Supervisor Harris and Councilman Penny will attend. (8) Letter from Robert Staron, Security Officer for the North Fork Bancorp requesting that the fine schedule under the Alarm Law be reevaluated by the Town Board, and a response to same from Police Chief Winters. .Supervisor Harris will advise Mr. Staron the Town Board does not contemplate making any changes to the law at the present time. (9) Appointment to the Tree Committee (see resolution no. 36). (10) Request from the Mattituck Historical Society for a waiver of the $15.00 yard sale permit fee. Town Board made a final decision that they will not grant any waivers to the yard sale permit fee now or in the future. (11) Resolution request from Councilwoman Larsen to support Councilman Wickham's suggestion to have Cross Sound Ferry open another terminal at Shoreham. Board will hold this matter until they receive documentation being prepared by the Orient Association.' (12) Discussed the agreement between the Towns of East Hampton, Riverhead, Southold, Southampton and Shelter Island and Robert L. Arner for Mr. Arner's services as a Recycling Manager for those five East End Towns (see resolution no. 32). 6:00 P.M. - Audit of outstanding bills. 6:20 P.M. - Work Session adjourned. REGULAR MEETING A Recjular Meeting of the Southold Town Board was held on Tuesday, June 5, 1990, at the Southold Town Hall, Main Road, Southold, New York, Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ellen M. Larsen' Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilwoman Ruth D. Oliva (ill) SUPERVISOR HARRIS: A motion to approve the audit of the bills? Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund, Whole Town bills in the amount of $104,374.29; General Fund, Part Town bills in the amount of $33,540.68; Nutrition Fund bills in the amount of $2,400.45; Home Aide Program bills in the amount of $160.40; SNAP Program bills in the amount of $2,444.99; EISEP Program bills in the amount of $54.00; Highway Fund, Whole Town bills in the amount of $47,642.99; Highway Fund, Part Town bills in the amount of $31,715.83; Capital Projects Account bills in the amount of $15,800.00; Highway Equipment Capital bills in the amount of $192,642.65; Employee Health Benefit Plan bills in the amount of $29,233.73; Fishers Island Ferry District bills in the amount of $15,542.39; Southold Agency & Trust bills in the amount of $7,488.42; Fishers Island Ferry District Agency & Trust bills in the amount of $1,214.00. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilwoman Larsen. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: A motion to approve the minutes of the Town Board meeting of May 22, 1990. JUNE 5, 1990 443 Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the minutes of the May 22, 1990, rec~ular Town Board meetinq be and hereby approved. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: A motion for the next meeting date, Tuesday~ June 19, 1990, 7:30 P.M. Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, June 19, 1990, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Good evening, everyone. At this time, the Junior Order of the United American Mechanics, Empire Council #128, has a presentation to present to the Town Board tonight on behalf of our 350th Anniversary, and at this time I'll turn this over to Robert Morris, who would like to do the honors. ROBERT MORRIS: Thank you, Mr. Supervisor. I don't think I will need the podium or the mike. I'm sure I can be heard. These gentlemen and myself are here representing the Empire Council of Junior Order of United American Mechanics of Greenport. I'm sure you, Mr. Supervisor, realize or know' about that organiza- tionr but the benefit of those who may not, I might just briefly mention that the Junior Order of United American Mechanics is, if not the oldest, one of the oldest patriotic fraternities in the United State. It was instituted in, what was then Germantown, Pennsylvania in 1853. Empire Council of Greenport is a subordinate council of that organization, and was instituted in Greenport in 1895, in July, incidentially, and as of next month July, Empire Council will be 95 years old. Ninety-five years is not a lot of years, when we're talking about 350 for the Town, but any local organization, I think, which has been in existenoefor 95 years and is still active, well, as the old saying goes, it will not be a record, but it's a darn good average, and the members of Empire Council have desirious and wanted to present a flag to the Town of Southold on the occassion of the Town's 350th Anniversary, and they've asked me to make that presentation. With the flag is a document or testimonial, if you will, which reads as follows. The flag of the United State of America. This is to certify that the accompaning flag was flown over the United State Capital on March 31, 1990, at the request of the Honorable George J. Hockbrueckner, member of Congress. This flag was flown for the Town of Southold, in recognition of its 350th Anniversary at the request of Empire Council Junior Order United American Mechanics, George M. White, architect of the Capital. So now I'm very happy, on behalf of all the members of Empire Council, 118 of them, to present ~this to you as Supervisor of Southold Town. SUPERVISOR HARRIS: On behalf of my brothers in this organization, I've been a member of the Mechanic, the Junior Order of United American Mechanics, for the last 24 years, and i can say it's been an honor and a priviledge to belong to this patriotic organization, and with God's will it will continue for another 95 years, at least. Thank you very much for the presentation, and we will proudly fly this on the flag pole tomorrow morning early, in the memory of our 350th, but also, thanking you for this great award which you've given to us. We appreciate it. Thank you. I. REPORTS. May, 1. Office of Community Development report for May, 1990. 2. Supervisor's Investment Activity Quarterly Report ending March 31, 1990. 3. Southold Town Dog Shelter Report for April, 1990. 4. Office of Building Inspector Report of Monthly Receipts for May, 1990. 4a. Office of Building Inspector, Ordinance Inspector's Monthly Report for 1990. 5. Southold Town Dog Shelter Report for May, 1990. 6. 350th Anniversary Committee Financial Activity Report through May 31, 1990. 7. Councilmen's Reports. 8. Supervisor's Report. II. PUBLIC NOTICES. III. COMMUNICATIONS. None. 1. Daniel P. Guido, Commissioner of the Suffolk County Police Department, in regard to a letter commending the Suffolk County Police Department for their response to a hostage situation in Mattituck, New York, on May 1, 1990. 2. North Fork Housing Alliance, Inc., thanking Councilwoman Ellen Larsen for her support of the May 19, 1990, R & B Ball, a fund raising event. 444 JUNE 5, 1990 IV. PUBLIC HEARINGS. 2. 3. Norris. 8:00 P.M. Proposed "Local Law in Relation to Building Permi't Applications". 8:02 P.M. Proposed "Local Law in Relation to Peddling and Soliciting". 8:10 P.M. Proposed acquisition by the Town of the property of Wendy V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, the Town Board will entertain any person or persons in the audience, that would like to address this Board on behalf of any resolutions, that we will be acting upon tonight. Would anyone like to speak? RONNIE.~ WACKER: My name is Ronnie Wacker. I'm President of the North Fork Environmental Council. I was at the work session this morning, and we had some thoughts about the discussion about Bob Pfluger's junk yard, and we feel that this service is one that the Town needs, obviously. We don't want broken cars left littering the roads, but we also want to abide by our zoning. The property that Mr. Pfluger rents is zoned limited business, and it's purpose is descril~ed in the Code, as the present Code is to provide an opportunity to accommodate limited business activities along highways, by the areas outside the hamlet and for business areas, that is consistent with the rural and 'historic character of surround- ing areas. Well, when the Town Board this morning discussed this, they did it pretty thoroughly, and I agree, they're in a tight situation. We don't want to lose his services, because we don't have too many like them, but the Town, also, does not have land available right now for him to conduct his services for his operation. But because the Town has no immecliate solutioh to the problem, does not mean it should allow the illegal use of the property. This is in violation of the Town Code. Members of the Board, this morning, suggested that the Board might give a temporary permit. Well, we all know what happens to temporary permits. They have a way of becoming permanent. I have a old faded rug in my TV room, that I put there temporarily, I don't know six or seven years ago. It's still there. This is what happens with temporary permits in Town, and if you feel strongly that the present use is illegal, it is just as illegal if it is allowed temporarily, as it would be on a permanent basis. I went over to look at the junk- yard from Joe Zuh~ski's deck, which overlooks a lovely flower garden. Next door is the junkyard . I must say it is unsightly, with terrible trailers lined up. I walked down to the Blue Top Inn on the other side, and walked up the railroad tracks a little ways. From there, I could see trailer par~ts, and a mound of sand that had been flattened out. Now, people in the neighbor, hood said;: that they had seen and heard cars being compacted, and various fluids that cars use, you know. battery acid, transmission fluid, and oil, are going on the ground. Now, I have not heard or seen this, but I am concerned if it's true, because 'this pro- perty is within the water shed area. It's the only really good ground water reserve in the entire Town. If the Town Board permits the temporary use of this property as a junkyard, I believe it's abandoning it's obligation to uphold the Town Code, and further it is not living up to it's express intention of enabling Mr. Pfluger to locate his operation in Southold, where admittedly it's needed. Now, I haven't even touched on the concern of the neighboring residents, who when they settled on their street, did not expect a junkyard to appear in their midst. This seems eminently unfair to subject them to this nuisance, and I'm taking the words from Town Code, Chapter 54, which reads, well, by the adoption of this chapter, the Town Board of the Town of Southold declares it's intent in so doing to be to regulate, control and license the activities or businesses known as auto graveyards, junkyards and secondhand parts collection areas. Said Town Board hereby declares that such activities or businesses can constitute a hazard to property and persons and a public nuisance. Such materials may be highly flammable and sometimes explosive. Gasoline tanks on old autos often contain, in some quantity, combustible gasoline; the engines and other parts of such autos are frequently covered with grease and oil, which are also flammable. The tires, plastic seats, tops and other elements of such autos are also flammable. Batteries and other elements of such autos can contain acids and other matter potentially harmful to humans. These autos frequently contain sharp metal or glass edges or points upon which a human could receive serious cuts and abrasions. These autos can constitute attractive nuisances to children and certain adults. The presence of such junkyards, even in areas zoned for business or industry, is unsightly and tends to detract from the value of surrounding land and property unless such areas are properly maintained and operated. Well, I just feel that if the Town Board really feels that it's important to keep Mr. Pfluger's services in town, then it ought to work hard and fast to find the property for him, not fall into the trap of thinking all will work out okay, if they only break the law a little bit. Thank you. SUPERVISOR HARRIS: Ronnie, I just wanted to make a note that I'll let you continue, but this portion of our public session just deals with resolutions, that we were going to deal with tonight, and then after we've had our public hearings and resolutions, then the Town then entertains any member of the audience, who would like to speak on any topic. RONNIE WACKER: I got it backwards. I was racing to ge~ ~,~ h:ere, sa ~'"d: have a few minutes. SUPERVISOR HARRIS: I'd just like to make another point. The Town Bo~-rd has taken no direction. [t was only on for discussion this morning. There has been no deliberations at a:~ ~ wha~t d~rect~o.~ they're going to do, whether it would be on a temporary basis ar r~o~ at allL T'l~a~ t~ still goir~9 to be a matter for discussion over the next few weeks, ~'Ae Town Board is [oo, king for Mr. Pfluger to, hopefully, find him a piece of property,suitable property, t~t he can locate in, and it's my understandir~g that Councilwoman Larsen and the Town Attorney Harvey Arnoff, hopefully l~ave [oc~t'ed, maybe a solution for this problem. They're not at liberty to devulge where this property is, or where it may be at this time. Am I right, Ellen? This is what I understood this morning at the session. COUNCILWOMAN LARSEN: I haven't discussed it with Barbara, yet, so hopefully we're both talking about the same people, obviously the same thing. SUPERVISOR HARRIS: Like I say, it certainly was just in the discussion stage this morning, and there was no direction taken. RONNIE ~/ACKER: I understood that. I just seemed to me, that there was a concensus almost, ~ust in informal discussion that a temporary permit might be the solution, and in thinking it over, I thought oh God, this is just not the way to go. If it's illegal a little bit, it's just as illegal as it is in a large way. Thanks anyway, for letting me have this time. SUPERVISOR HARRIS: Is there any other member of the audience, that would like to talk to the Town Board in reference to a resolution, that we'll be acting on, tonight? (No response.) Hearing none, we'll move into resolutions. At eight o'clock we will recess to do public hearings, and then we will be back on the resolutions, again. 1.-Moved by Councilwomar~ Larsen, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to Victor G. Lessard, Principal Buildin9 Inspector, and Vincent Wieczorek, Ordinance Inspector, to attend the New York State Building Officials Conference, Inc. on October 3, 4, 5, 1990, at the Fallsview Hotel, Ellenville, New York, and the use of a Town vehicle for travel, and the necessary expenses for meals, lodging and travel shall be a leg:al charge against the Building Department's 1990 Budget. COUNCILWOMAN LARSEN: ! would just like to comment, that this is.'.l don't know how many years I've been here two or three years, but I think i'm into my third, that this is a mandatory conference, that these Building Inspectors must attend. SUPERVISOR HARRIS: Ellen, before we make a motion on this, I'd like to table this resolution. For instance, Mr. Wieczorek is a ordinance inspector, not a Code Enforcer. I'd like to have this resolution redone for next time. COUNCILMAN PENNY: The question was, why are we sending a Code Enforcement Inspector to a building official's conference? COUNCILWOMAN LARSEN: Probably because he's never been to one before, and it's about time he went. COUNClI~'~AN PENNY: That's not his prevue, that's why Scott wanted to hold it. Moved by Councilman Penny, seconded by Councilman Wickha:;:, it was RESOLVED that Resolution #1, be TABLED. Vote of the Town Board: A.~: Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Larsen. This resolution was declared duly ADOPTED. 2,-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby request the New York State Department of Transportation to conduct a traffic study for the purpose of determining the need for a double solid line on NYS Route 25 from Gillette Drive to the East Marion Community Church, East Marion, New York. 2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of proceeds in excess of $5,000 received from the 350th Committee for the sale of raffle tickets for the "Schoolhouse Quilt" to the Southold Historical Society for the Society to used solely for the restoration of the Old Bayview School- house. -Vote-of the Town Boar~. A~es: Councilman Wickham, Councilwoman Larsen, Councilman P; ~:v. J~s~¢e Edwards, Supervisor Harris. This resoluti ~as ~lared duly ADOPTED. 4.-Morea by Councilw~ma~ Larsen, seconded by Justice ~Edwards, it was RESOLVED that the Town Board of the Town of'Southold hereby authorizes and directs t~e Town Clerk to advertise for bids for the removal and disposal of household h~z~rdous w~stes from the Southold Town Collection Center, Cutchogue, for a period of one (1) year. ~,.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilwoman Larsen, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby establishes the follwoin~ 1990 budget for the Town of Southold Employee Health Benefit Plan: Revenues MS2401 Interest & Earnings MS2709 COBRA Contributions MS5031 Interfund Transfers Appropriations MS1910.4 Insurance, Contractual Expenses MS8686.4 Administration, Contractual Exp. 2,325.40 20,000.00 604,674.60 $ 83,000.00 18,000.00 MS9060.8 Hospital & Medical Benefits 526,000.00 5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilman Penny, seconded by Justice Edwar. ds, it was RESOLVED that the Town Board of the Town of Southold.hereby authorizes the followin~ budget modifications for the transfer of monies to the Town of Southold Employee Benefit Plan: General Fund - Whole Town To: A9901.9 Interfund Transfers $ 186,000.00 From: A9060.8 Hospital & Medical Insurance $ 186,000.00 General Fund - Part Town To: B9901.9 Interfund Transfers $ 79,000.00 From: B9060.8 Hospital & Medical Insurance $ 79,000.00 Highway Fund - Whole Town To: DA9901.9 Interfund Transfers $ 20,000.00 From: DA9060.8 Hospital & Medical Insurance $ 20,000.00 'Highway fund - Part Town To: DB9901.9 Interfund Transfers $ 82,500.00 From: DB9060.8 Hospital & Medical Insurance $ 82,500.00 6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lois Roslak as a Commissioner of the Cutchoque-New Suffolk Park District, effective immediately through December 31, 1990, to fill the unexpired term of Stanley Salter, who resigned due to ill health. 6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by 'Councilwoman Larsen, seconded by Councilman Penny, it was RESOLVED that the Town Board.of the Town of Southold hereby appoints Scott A. Hilary to administer the 1990 Southold Town Seed Clam Pro~ram, under the direction of the Southold Town Community Development Program, at a salary of $7.75 per hour, not to exceed $3,000.00. COUNCILWOMAN LARSEN: I would just like to comment, that we do have Dave Lessard, who is a Police Officer in the Town of Riverhead, initially do our seed plan program. He has done an excellent job, but this year the decision was made that we will .replace him with a student, and I'm proud to appoint Scott Hilary. 8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Tonw Board of the Town of Southold hereby cjrants permission to Town Trustee President John M. Bredemeyer III to attend the 1990 Save the Bays Workshop, held at Suffolk Community College, Riverhead Campus, on Friday, June 1, 1990, the necessary expense for lunch, travel and the $8.00 registration 447 JUNE 5, 1990 fee shall be a legal charge against the~,_Town ,Trustees' 1990 Budget; and be it further RESOI,VED that the Town Board hereby 9rants permission to Town Trustee President John Mo Bredemeyer III to attend the 1990 Save the Bays Workshop, "Second Anniversary - State of the Bays Conference" to be held on July 27, 1990, and the necessary expense for lunch, travel and $8.00 registration fee shall be a legal charge against the Town Trustees' 1990 Budget. 9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. -"0.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to engage the services of Timothy. J. Keatin9 as a part-time Deckhand, effective immediately, at a salary of $5.~50 per hour, AND Susan Pankiewicz as a part-time Reservation Clerk, effective immediately, at a salary of $7.50 per hour. 10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11 .-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was' RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 bud~let modification to the General Fund - Whole Town 1990 Bud~let for the transfer of monies from the 350th Committee's Donated Funds held in Trust & Agency: To: . " Revenues A2705 Donations $ 6,062.29 Appropriations A7550.4 Celebrations, Contractual Expenses $ 6,062.29 11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. ,12.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes James C. McMahon, Community Development Administrator, to attend a Remote Settin9 of Shellfish Larvae Workshop on June 27, 1990, at the Town of Brookhaven's Mount Sinai Nature Center, and the use of a Town Vehicle, $10.00 registration fee, and necessary expenses for meal and travel shall be a legal charge against the 1'990 Shellfish Budget. 12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an agreement between the Town and the North Fork Housin9 Alliance Inc. whereby the North Fork Housing Alliance, Inc. will implement the Southold Town Home Improvement Program and' Rental Rehabi- litation Program in consideration of the payment by the Town of the sum of $15,525.00, for the period of May 15, 1990 through the completion of all home improvement projects funded with 1990 Community Development Block Grant funds and the completion of all l~ental Rehabilitation projects funded with 1990 Rental Rehabilitation funds. COUNCILWOMAN LARSEN: I will be commenting on this program at the close of the session. -13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an agreement between the Town and the North Fork Housing Alliance Inc. whereby the North Fork Housing Alliance Inc. will implement the Public Service Program by Sub-Recipients in consideration of the payment by.the Town of the sum of $23,500.00 for the period of May 15, 1990 through the completion of the Public Service Program by Sub-Recipients in · consideration of the payment by the Town of the sum of $23,500.00 for the period of May 15, 1990 through the completion of the Public Services Program by Sub- Recipient funded with 1990 Community block Grant Funds. 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. q48 JUNE 5, 1990 15.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Caroline Fetzko and Mary Coyne as Aides for the Senior Adult Day Care Proc~ram, effective June 4, 1990, 20 hours per week, at a salary of $5.00 per hour. 15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinq budget modification to the General Fund - Whole Town 1990 Budqet: To: A1440.4 Engineer, Contractual Expenses $ 50.00 A1910.4 Insurance, Contractual Expenses $ 6,000.00 From: A1440.1 Engineer, Personal Services $ 5,050.00 A6989.4 'Other Economic Assistance, Contr. Exp. $ 1,000.00 16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17;-Moved by Councilwoman Larsen, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followincj Lifeguards and Beach Attendants for the 1990 Summer Season. LIFEGUARDS :' Dave Cancro (3rd year) $ 7'~95 per hour Bruce Land (3rd year) 7.95 per hour Jeremy McCavera (2nd year) 7.69 per hour Eileen McGlinchey (3rd year) 7.95 per hour Dan McGunnigle (2nd year) 7.69 per hour David Melchione {1st year) 7.42 per hour Robert Neese (3rd year) 7.95 per hour Jeff Nockelin (2nd year 7.69 per hour Brian Regan (1st year) 7.42 per hour Tom Scheuermann (5th year) 8.48 per hour Brian Schuer (1st year) 7.42 per hour BEACH ATTENDANTS Heather Cherepowich (2nd year) $ 5.99 per hour Vicki Chihlas (3rd year) 6.15 per hour Sue Connolly (1st year) 5.83 per hour Sarah DioGuardi (1st year) 5.83 per hour .Cheryl Ann King (1st year) 5.83 per hour Todd Newman (1st year) 5.83 per hour Amy Rishe (2nd year) 5.99 per hour 17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1990 Budget: To: A1670.2 Central Copying, Equipment $ 5,000.00 From-: A1670.4 Central Copying, Contractual Exp. $ 5,000.00 18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution ~was declared duly ADOPTED. 19.-Moved by Councilman Wickham, se~:onded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of an IBM Series III Model 50 Copier/Duplicator, Type 6809, and IBM Type 6852 Bin Collator from The North Fork Bank & Trust Company, Mattituck, at a total cost of $4,999.00. 19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Larsen. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, we have regularly scheduled public hearings, and I'd like to have a motion to recess, please. Moved-by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meeting reconvened at 8:15 P.M. JUNE 5, 1990 449 20.-Moved by Councilman Penny, seconded bY' ~Ul~rvisor Harris, WHEREASt there has been p~ented~ the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law 'n Relation to Vehicles and Traffic"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday', June 19, 1990, $outhold Town Hall, Main Road, Southold, New York r as time and place for a public hearin.g of said proposed Local Law which reads as follows, to wit: A Local Law in Relation to Vehicles and Traffic BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of $outhold as follows: 1. Article ¥,Section 92-51 (Storage and charges) is amended to read as follows: After removal of any vehicle as provided in the Article or the removal w seizure, storage and/or impoundment of any vehicle pursuant to any other provision of lawr the-police officer may store or cause such vehicle to be stored in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to the Southold Town Police Departmen_t of the amount of all expenses actually and necessarily incurred in affecting such removal, such removal charges 'not e×ceed seventy-five dollars ($75.00) from 6:00 a.m. to 8:00 p.m. and not to exceed one hundred dollars ($100.00) from 8:00 p.m. to 6:00 a.m. together with any charges for storage, such storage charges not to exceed eight dollars ($8.00) per day or fraction thereof. II. This Local Law shall take effect upon it filing with the Secretary of State. 20.-Vote of the Town Board: Ayes: Councilman Wickham~ Councilwoman Larsen~ Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental ~uality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no sic~nificant effect on the environment. DESCRIPTION OF ACTION: A proposed "Local Law in Relation to Accessory - Buildings", which amends Chapter 100 (Zoning) of the Code of the Town of $outhold. The project has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. 21 .-Vote of the Town Board~Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Justice Edwards, seconded by Councilman Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Accessory Buildin~ls"; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planninc~ Board and the Suffolk County Department of Planninc~ in accordance with.~the Code of the Town of Southold and the Suffolk County Charter. Said proposed Ldcal Law reads as follows, to wit: A Local Law in Relation to Accessory Buildings. ~ BE IT ENACTED by the Town Board of the Town of Southold as follows: -~ I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Article III, Section 100-33 (B) (Accessory Buildings) is amended to read- ~s follows: B. (1) On lots containing up to 9, 999 ~square feet, such buildings shall be set back no less than five (5) feet from any lot line. (2) On lots containing from 10,000 square feet up to 19,999 square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (3) On lots containing from 20,000 square feet up to 39,999 square feet, such buildings shall be set back no less than fifteen (15) feet from any lot line. (4) On lots containing from 40,000 square feet up to 79,999 square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. 450 JUNE 5, 1990 (5) On lots containing in excess of 80,000 square feet such buildings shall-be set back no less than thirty (30) feet from any such lot line. 2. Article III, Section 100-33 (Accessory Buildings) is amended by deleting, in its entirety, subsection (C). II. This Local Law shall take effect upon its filing with the Secretary of State. 22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilman Wickham, seconded by Justice Edwards, WHEREAS, on May 22, 1990 there was presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning Definitions"; and WHEREAS, said proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, June 19, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearincj on said proposed Local Law which reads as follows, to wit: A Local Law in Relation to Zoning Definitions. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-13 (Definitions) is hereby amended by adding the following definitions; APARTMENT - an entirely self-contained dwelling unit consisting of a minimum of 450'square feet of living area containing complete house- keeping facilities for only one (1) family, including any domestic servants-employed on the premises and havin~ no enclosed space (other than vestibules, entrance hallways or I~orches) or cooking or sanitary facilities in common with any other "dwelling unit" and/or apartment. APARTMENT HOUSE - A building arranged, intended or designed to be occupied by two (2) or more families living independently of each other in apartments. LIVING AREA - See "Floor Area, Livable". HABITABLE FLOOR AREA - See "Floor Area , Livable". 2. Section 100-13 (Definitions) is hereby amended by amending the following definition: DWELLING UNIT - a building or entirely self-contained portion thereof consisting of a minimum living area of 850 square feet containing complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hall ways or porches) or cooking or sanitary facilities in common with any "dwelling unit". A house trailer, a boarding-or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or similar home or other similar structure - shall not be deemed to constitute a "dwelling unit''. II. This Local Law shall take effect upon its filing with the Secretary of State. 23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $214,909.00 for a bond for roads and improvements in the minor sub- division of Plum Gut & Townsend Properties, Orient, New York, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. 24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared dtHy ADOPTED. 25.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the $21,946.50 Letter of Credit posted with the Town for roads and improvements in the major subdivision of East Marion Woods, all in accordance with the recommendation of the Southold Town Planning Board and Superintendent of Highways Jacobs. 25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was RESOLVED that the application of Maddie Miles for renewal of her single family house trailer permit, for trailer located on private road off of the north side of JUNE 5, 1990 451 the Main Road, Mattituck, which permit'eXpi~e~--:on June 22, 1990, be and hereby is ~]ranted for a six (6) month per!od. 26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an -increase in the expenditure to Hungerford Creative Services for the desitin services for the Landmark Preservation Commission's book "Houses of Southold", from $4,000.00 to $4,800.00, and an additional expenditure of $1,200.00 to Mulford Associates for production supervision and consultation. SUPERVISOR HARRIS. On discussion on this, they came before us, the Landmark Preservation Committee came before us this morning at our work session, and asked for the increase fees. They hope to have this book out by the first week of July from the publishers. This book, whatever revenues come in~ will go back into the Town of Southold, and certainly, those people who are involved in the history of Southold, will certainly be commemorated for ever, due to the fine work, that these gentlemen have put in. They've been working on this for a number of years. 27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Councilman Wickham, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M., Tuesday, June 19, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the communication and proposal of The Wa}, Back, Inc., an agency which provides residential and rehabilitation services to mentally disabled individuals, to establish a community residence at 500 Crown Land Lane, Cutchogue; and as proposed, this site will house eleven residents and provide twenty-four hour supervision by two live-in staff members. 28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This public hearing, that we're se{ting up, we have a forty day window period with which to act, and want to get the public hearing out as quickly as possible because of, again like I said, that forty day period. So we now have it on, and we'll be discussing it further. 29.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the offer of Dedication by Wolf Pit"Associtates of a 170 square foot parcel at the southwest corner of Mill Road and Mill .Lane, which land area is designated on the subdivision map of Wolf Pit Pond Estates for a thirty-five degree turning radius; said dedica- tion is required as a condition of final approval by the Southold Town Planning Board; said dedication is accepted subject to.tAe approval of the Town Attorney's Office. 29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny,..~-Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 30.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was RESOLVED that the~Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an agreement between the Town and Edward M. Wisowaty, Frederick J. Miner, Keith R. Tyrer, Gall B. Rast, and Gregory C. King, known as the TRY-5, for the necessary legal conditions With respect to the Town of Southold and TRY-5 co-producing and co-publishing a musical song composed and written by the TRY-5 for the Town's 350th Celebration entitled "Children for A Future", all in accordance with the agreement as prepared by Assistant Town Attorney Kiernan. 30.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilman Wickham. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: This commemoration, this song that has been produced by this group, is in memory of our 350ti~. They thought it was time that somebody gave back to the Town a little bit for the fine number of years that they've had the opportunity to live here. The TRY-5 is a local group of individual musicians. This will be in coniunction with our 350th celebration. This will be produced by all the high schools, grades 4, 5, and 6. There will be approximately 80 students, who will sing this song along with the TRY-5, and then they will cut a record or a tape, and proceeds from this will then come to the Town Board to be set up in a trust fund for the next two years, of Which will probably be 452 JUNE 5, 1990 donated 'to a Lyme Disease research g_r. 0uP. So that is, I think, a tremendous undertaking by this organiz~tion- b~'"this group, and it's very generous of them to do so. 31 .-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Mark $. McDonald, Planninc, j Board member, to attend all Suffolk County Water Authority meetinc, ls which would pertain to the Town of Southold, and the use of a Town vehicle and necessary expenses for travel shall be a legal charge against the Planning Board's 1990 Budget. 31.-Vote of the Town Board: Ayes: Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Larsen. This resolution was declared duly ADOPTED. COUNCILWOMAN LARSEN: I'm voting no, and I'll tell you why, because Valerie Scopaz and Ruth Oliva attended these meetings for years. They got the Town designated in the core watershed area, and anything that's been done, as far as water planning, is done because of Ruth Oliva and Valerie Scopaz, and we owe them a lot for our core water protection area~ Now, Mark McDonald has been accompanying them, but he's a late comer to the scene. So I would be happy to authorize this resolution, if Valerie and Ruth were included in it. If it's not, my vote is no. There names aren't there. I vote, no. SUPERVISOR HARRIS: I would-like to comment on this, also. Mrs. Scopaz had been contacted by Councilman Wickham, I understand, about the resolution, and she didn't feel that really she would like to continue in that light, and that Mark McDonald, I had talked to him last week, and he generously offered to keep going to the Water Authority, and monitoring those meetings that pertain to the Town of Southold, and also, Ellen, there's one further correction. Bob Villa was very instrumental in getting quarter percent in sales tax monies designated to the Town of Southold throught the designation of Special Groundwater Protection areas around Laurel Lake, and also, recently around the Peconic-Cutchogue vein, which runs up Route 48. COUNCILWOMAN LARSEN: Bob Villa wasn't a correction. It was an omission on my part, and you and I must have had different conversations with different people, because that's not the way I heard it. 32.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Soutt~old hereby authorizes and directs Supervisor Scott L. Harris to execute an ac~reement between the Towns of East Hampton, Riverhead, Southold, Southampton and Shelter Island, AND Robert L. Arner, engaging the services of Mr. Arner as a Recycling Manager for the five towns. 32.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 33.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of $outhold hereby rescinds their policy,- adopted on October 10, 1989 declaring that the fees charged pursuant to the Town Code for affordable housing projects submitted by a not-for-profit corporation shall be waived. COUNCILWOMAN LARS'EN: I'm voting no, and I'd like to have it read into our minutes, what our policy was, and it was simply that anything that was non-for- profit, which basically the only thing non-for-profit, that provides affordable housing in this Town is the North Fork Housing Alliance, so I guess from now on we've not going to help out the North Fork Housing Alliance. 33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilman Penny, Edwards, Supervisor Harris. No: Councilwoman Larsen. This resolution was aeclared duly ADOPTED. Justice COUNCILMAN PENNY: I'm voting yes, and I would like to explain, that Mrs. Larsen was not here this afternoon, when we had this discussion, and what is happening is that there was a second part to this policy, which we originally passed for affordable housing on Fishers Island. The second part of the policy was, that each individual request for waivers of these fees shall be brought to the Town Board on an individual basis. It's been brought to the attention of the Town Board, that in certain circumstance~, costing us eleven hundred dollars, which was not brought to our attention until somebody decides the Town Board waived these fees, that by leaving that policy on the book was dangerous, because it was subject to interpretation by Town employees. So, yes, if somebody comes to the Town with a viable request as a not-for-profit cooperation, the Town Board will on a case by case basis waive these fees, I'm sure. But we will discuss each one based on their merit, and that is why we have pulled this policy out, because it's been misinterpreted by Town employees. JUNE 5, 1990 453_: COUNCILWOMAN LARSEN: The only Keason we're pulling this policy out, is so that the Town can now charge the North Fork Housing Alliance for installation of roads, which we promised them we would put in on the 14 affordable lots. SUPERVISOR HARRIS: Ellen, this has nothing to do with roads. This has to do with tipping fee, that took place, basically and Walsh Park on Fishers Island is how the original policy came up. 34.-Moved 'by Councilman Penny, seconded by Supervisor Harris, WHEREAS, Robert D. and Katherine C. Halikias, by petition dated March 7, 1990, petitioned the Town Board of the Town of Southold for a .change of"zone on certain property located on the northerly side of NYS Route 25, east of Cox Lane, Cutchogue, from "A-C" Agricultural-Conservation District to "B" General Business District; said property bounded and described as follows: BEGINNING at a point on 'the northerly line of Main Road at the southerly corner of land now or formerly of Z. Rysko which point is also the easterly corner of the parcel herein described; RUNNING thence along the said northerly line of Main Road South 43° 44' 40" West 250.00 feet to land of Dickson; RUNNING thence along said last mentioned land North 42° 24' 00" West 273.07 feet to land of Traube; RUNNING thence along said' last mentioned land North 43° 15' 10" East 246.85 feet to the said land of Z. Rysko; RUNNING thence along said last mentioned land South 43° 05' 20" East 275.00 feet to the said northerly line of Main Road at the point of beginning. WHEREAS, the said petition was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations; and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 22nd day of May, 1990, at 8:00 P.M., at which time all interested persons were give an opportunity to be heard; now, therefore, be it RESOLVED that Robert D. and Katherine C. Halikias be and they hereby are DENIED the relief demanded in said petition for the following reasons: 1. It constitutes the unwarranted further perpetuation of strip business zoning along Main Road (N.Y.S. Rte. 25); 2. It would tend to establish a precedent for further such downzonings in the locale along Rte. 25; 3.There are ample lands zoned for business purposes to the west of premises; 4. It is incongruous with existing/permitted single family residence development patterns on surrounding lands; 5. It contravenes policy objectives setforth in the recent Town of Southold Master Plan update which calls for the discontinuance of strip business zoning along the Town's major highway corridors; and 6. It is inconsistent with the Town Master Plan update which designates this area for agricultural/residence purposes. 34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 35.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas R. Burdy a member of the Southold Town Board of Assessment Review, effective immediately through September 30, 1994, to fill the unexpired term of Samuel A. Manarel. 35.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 36.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Donald Wilcenski as a member of the Southold Town Tree Committee, effective immediately through September 22, 1990, to fill an unexpired term, he to serve in said position without compensation. SUPERVISOR HARRIS: Mr. Wilcenski is engaged in the business of landscaping and so on, and he'd be very knowledgable, and I think an asset to this Board. 36.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JUNE 5, 1990 37.-Moved by Councilman Penny, seconded by Councilwoman Larsen, WHEREAS, a proposed Local Law No. 11 - 1990 was introduced at a meeting of this Board held on April 24, 1990; and WHEREAS, a public hearing was held thereon by this Board on the 5th day of June, 1990, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 11 - 1990 be enacted as follows: LOCAL LAW NO. 11 - 1990 A Local Law in Relation to Building Permit Applications BE iT ENACTED by the Town Board of the Town of Southold as follows: '1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows': I. Section 100-281A. is hereby amended to read as follows: A. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan arawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. In addition, plans and specifications shall be filed with the Building Permit Application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable building construction, housing and fire codes. I!. This Local Law shall become effective upon its filing with the Secretary of State. 37.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: That ends the regularly scheduled portion of our meeting, dealing with resolutions. Is there any member of the audience, who would like to address the Board now, on any concern that they may have? JANET ODEN: My name is Janet Oden, and we met together this morning, and I'd like to express my appreciation for all of you being there, and giving us the time to express ourselves. I think we got a lot out in the open. One thing I would like to hear from you all, is a committment for your continued support until this problem is to a completion. I know this means a great deal of work. It will take a lot of time and a lot of hard work. (Tape change.) SUPERVISOR HARRIS: Is there anyone else who would like to address this Board on any matter? NANCY SAWASTYNOWICZ: My name is Nancy Sawastynowicz, and l'm here to talk about the wrecking business, that being run illegally on Depot Lane. First of all, it is in our water shed area, and that is a big concern of mine, and i have copies of the Environmental Conservation Law of New York State, which will be broken, if you give him a special permit, and i will send a copy of this to the whole Board tomorrow, and it's number 17-0825, and just to make it brief, if this is within a three mile radius of a water area, which Greenport has on Alvah's Lane, it's breaking a law of New York State. I will give you a copy of this to make it brief. Also, you will be setting a precedent for other businesses to break zoning laws with are set to protect us our town. Also, another party could sue the Town for what this zoning violation is doing. If you give him this permission it will just open the gates for everybody else to come in and say, well, you gave him this special exception, why not me? I would like to ask you why the Conserva- tion Advisory Council has not been asked to check this out, and when you give a special exception permit to break the zoning law, isn't a public hearing held on this? TOWN ATTORNEY ARNOFF: The use is not a special exception use. That doesn't fit into that. It is permitted by a special permit only issued through us. NANCY SAWASTYNOWICZ: TOWN ATTORNEY ARNOFF: into the Code. Wouldn't there be a public hearing? I don't believe there's a public hearing polic~,, written NANCY SAWASTYNOWICZ: I think there should be a public hearing on that, because a wrecking company being run in a limited business zone is certainly out of order, and why isn't the Conservation Advisory Council being asked to check this out? I think this is a big problem. There is battery acid, oil, gas..He's squishing cars on Sundays. That is not right. JUNE 5, 1990 ~55 TOWN ATTORNEY ARNOFF: Excuse me. First of all, the Town Board nor my office has been given the opportunity. We have been in session since eight this morning. Until this morning, there was no application, no di-scussion by Mr. Pfluger or any representative. The only thing that was pending,before anybody here, was a violation pending, I think two violations, if I'm not mistaken, in the local Criminal Court with the Town of Southold. It's been adjourned. I don't know the date. I think itJs either this Friday or next Friday. Whatever date it is, I don't carry those dates in my head. They asked to come as any taxpayer can ask to come before the Town Board, and make a presentation today. Tl~ere was a discussion in public session, and there were, I think, Mrs. Wacker was there as I recall, and she sat in on part of it or all of it. Other people we~-e there as well. Now, if you wish to send any information ~to my office or to ti~e Town Board, and wish to ask that another Board be brought into it for their- opinion, I'm certain that the Board will act appropriately. But we haven't had time to breath, much less do anything in the interim. I think that actually states it, so when you say, why hasn't someone been brought in? The reason they haven't been brought in, is there's been nothing to bring them in on. NANCY SAWASTYNOWICZ: Well, then will he get a special permit, just like that? I don't understand how, TOWN ATTORNEY ARNOFF: The way it was left, I think was pretty clear, was that Mr. Moore, who is his representative, he's sending to me a proposal. At that point the Board is going to consider that proposal, and they will act appropriately, I believe based on that. We don't have anything formal in front of us. NANCY SAWASTYNOWICZ: He is breaking a lot of New York State laws, with what he's doing there now. I'll send you copies of them. TOWN ATTORNEY ARNOFF: I'm certainly not going to comment on a pending case. As the attorney for the Town it would inappropriate for me to make comment outside of the forum of the courtroom as to a pending case, and I'm not going to do that, nor engage in a discussion with you about that. NANCY SAWASTYNOWICZ: Okay. But I would like to know, when do the people have their heresay, that live in that area? TOWN ATTORNEY ARNOFF: At any time they wish. They're certainly free to correspond with the Town, and request, if need be, an audience with the Board. They' certainly have that right. NANCY SAWASTYNOWICZ: ! will send you copies of all my legal things about that. Thank you. SUPERVISOR HARRIS: Nancy, I want you to know that this morning, for discussion, when this gentleman came in, we have logged in on a petition that was filed with the Town Clerk, and every member of the Town Board has a copy of this, with signatures, and this was in front of us when this gentlemen came in this morning. I just want you to know we did receive this information. NANCY SAWASTYNOWICZ: Thank you. I will get every Board member a copy of these New York State laws, because I think it's very important. Greenport Water Authority has water rights on Alvah's Lane. That's not even a mile away, and it's a big problem with selling water and having battery acid, oil and gas being illegally squished into the ground. Thank you. SUPERVISOR HARRIS: Thank you. Yes? JOSEPH ZUHOSKI: ~ly name is Joseph Zuhoski. I want to know how long is th~ man going to be permitted to operate illegally. He's been doing this since 1985. He's breaking all kind of Town codes, but yet nothing is being done to stop him, Can somebody answer that question? TOWN ATTORNEY ARNOFF; Tl~e~'e ~s been no request by the Building Department to my office, requesting t~at ~e s~ in)~cti-~e relief in the Supreme Court. WI~~ the matter comes up before the Ioca~ Crim~a~ Court, the Court has the po~er under our ordinance to fine this gentle~en, and to impose a substantial fine for each and every day he's operating, anc~ t~at is one ~¥ ~f administrating. ! w~ not aware that it was there since '85. JOSEPH ZUHOSKI: He has not been at this location since :1985. He was in Greenport before he went to Cutchogue at Depot Lan~. TOWN ATTORNEY ARNOFF: Okay. I'm not familar with the background ~f t~ applicant, as far as he's involvement, or whether or not he was breaking ~y Town ordinance prior to this particular incident. ~56 JUNE 5, 1990 JOSEPH ZUHOSKI: He's been cited~ and cited, and nothing being done. You' know, if I did that, I'd be in jail. SUPERVISOR HARRIS: Mr. Zuhoski, Councilman Tom Wickham would like to comment. COUNCILMAN WICKHAM: I would just like to comment that the Board discussed some of this, this morning, and I would say without wanting to predict how the Board members will vote, there was a clear concern among the Board, that that location is not an appropriate location for the kind of thing he's doing. On the other hand, there was a concern, and we believe it's neccessary for the Town of Southold to think through carefully how we're going ~o conduct r.ecycling in this Town. I'm not talking, now, about a junkyard. I'm'talking about a method of getting rid of our waste products, like old cars and things, and how to get rid of them out of the Town in some reasonable manner. So what we think needs to be done is to have a look at the Code to figure out how this can be done in a way that does not hurt the environment, and its environmentally sound, and can prove to be a satisfactory business for somebody, not neccessarily for him, t~ut somebody who can carry this out. So, the problem we're faced with is basically how to find a suitable location, and to zone it properly, so that this kind of thing can be carried on. Not this kind of thing as it's done neccessarily, 'but some kind of recycling of cars and things like that. JOSEPH ZUHOSKI: But in the meantime, is he still going to be able to operate while you people are going to looking into the situation? COUNCILMAN WICKHAM: It's my understanding that his lawyer is supposed to respond to us this week with a proposal, that we can respond to, ourselves and act upon, and within a week we expect to get that, and make a decision as to exactly what he's going to be doing at that location. JOSEPH ZUHOSKI: I have one more question. Has he been fined? Has he paid any fines? TOWN ATTORNEY ARNOFF: The matter has not come up in..the matter has been adjourned. It is still pending before the court. To my knowledge he hasn't paid any fines. He's pleaded not guilty at this point. He's entitled to a trial, as by the way is any other citizen, Mr. Zuhoski. JOSEPH ZOHOSKI: Pardon? TOWN ATTORNEY ARNOFF.' Anyone else is also entitled to have their day in court and a trial. JOSEPH ZUHOSKI: I'm not breaking any laws, so I don't have to have a trial. NANCY SAWSATYNOWICZ: Can I ask one question? When he has a trail do people get to talk, and respond, or is it just him and the court? Is it like a public hearing? TOWN ATTORNEY ARNOFF: It's a trial, It's open to the public. Certainly. Whenever it's scheduled on the court's calender, it's here, and witnesses on behalf of the Town to establish the Town's case, and he can call witnesses if he chooses or remain silent, and if you recall, it's a quasi criminal proceeding, and the rights of defendents in criminal cases attached, and he has those same rights. We don't have the right to put him on the stand. JOSEPH ZUHOSKI: Mr. Supervisor, I have just one more question to ask the Board. Would any of you people sitting up there in front of us tonight, want to have a junkyard under your front nose? I want a answer yes or no. Mr. Edwards, would you want one in your yard? JUSTICE EDWARDS: It depends on the circumstances, sir. COUNCILMAN WICKHAM: I would not want one in my front yard. JOSEPH ZUHOSKI: Mr. Harris? SUPERVISOR HARRIS: Mr. Zuhoski, I have a heavy equipment operation right across the street from my house. JOSEPH ZUHOSKI: That's not a iunkyard. SUPERVISOR HARRIS: I know that, but I have a business running across the street from where I live, and it runs from seven o'clock in the morning until five O'clock at night, and there is noise, obviously, but I don't mind the business being located there, however I reserve decision on that opinion until this court matter has been decided. JUNE 5, 1990 ANDREAS MARKAKIS: I had before in conjunction with the publication for wrecking operation in close to residential areas.- I have comments that there are other operations, commercial operations accross the street or next door~_and~it came to my mind, that there might be some local law regulating the uses and the of those operations would be in compliance of residential areas. Your answer referring to grandfather station hardly is complete. Thank you. SUPERVISOR HARRIS: Is there anybody else, who would like to address the Board? WILLIAM PELL: Bill Pell from Greenport. In reference to what was said tonight by Mr. Zuhoskis, in 1985, I looked in the Building Depa'rtment files, Mr. Pfluger was issued a violiation. The Town hired a surveyor to go up there and survey the property, make sure it was right. You hired an attorney from Riverhead. The attorney wrote letters to Mr. Pfluger, then the file stops. In 1985, he was issued tickets and as far as I can tell by your files, they stopped after a letter from a Riverhead attorney to Mr. Pfluger. Nothing was done since. I hope you people don't have to wait that long. I had hoped you would add a 38th resolution on tonight, after Mr. Homan spoke, who sat up there in 1979, Scott, right were you are, urging you the adoption of a law, that helped write in 1977. When I came on board in 1978, there was a new law just put in prior to my coming on the Board. It was a good law at the time. But times change as Mr. Homan said. It should be updated. You had this hearing. I had hoped you would act on it tonight, not delay. It should be something acted upon, as soon as possible. I left the Town Clerk's Office today, by June lst, w~r~s~pposed to start recycling up at the I~ndfill. Our carters are supposed to be with it. ~ picked up informa- tion. Picked up a little green card on glass. I did not pick this up. My wife did. It says under glass, you do not have to remove the label. Under the white paper, it says, please remove the label. The front line on both things says,call 283-6000 for more information on the white one and the green one, call 283-6000, which is Southampton Town Hall to find out whether you're supposed to remove them or.not remove it, we should call Southampton TOwn Hall? Thank you. SUPERVISOR HARRIS: Mr. Pell, I'd like to respond to two things that you said before you sit down. First of all, which mentioned on the end. That recycling number is E2RA which is the East End Recycling coordinator's number, which has to do with the five town grants, that was received by the DEC. That is why that number is on the bottom of that flyer. It is part of grant money, and as you see it probably says, paid for by East End Recycling somewhere on the bottom, or somewhere on there. That's who paid for the one flyer. That's how that number is put on-the bottom of each of those pieces of information. That is a requirement by the grant application, that we have. That was paid for by E2RA, also by the DEC grant, that was provided for the five East End Towns. WILLIAM PELL: I called the Southampton Town Hall. SUPERVISOR HARRIS: ~Program. WILLIAM PELL: So we That's were Maurina is. She's secretary for East End Recyling call Southampton. SUPERVISOR HARRIS: Right now, that flyer that was produced by them, is where the number goes. Rob works for five east end towns. He spends two days here, and then in the next week or two, the town is preceeding on it's own pamphlet, which is going to produce, which will have a local number to call on recycling. Mr. Wickham, would you like to address at this point? COUNCILMAN WICKHAM: I'm glad you raised that issUe, Bill. You're absolutely correct. There's been a lot of duplication in the publicity that's come out. Right this week, another' leaflet is being prepared, that is Southold Town's only leaflet, with our own seal, with our own telephone number, where our own people will respond to the problems here, and regarding the specific question about the glass and the labels, and so on, the correct answer to the question is you do not have to remove labels or ringnecks. We've gone back and forth as we've talked to different people who will buy this material. Some buyers say they'll take it with. Some say they won't. We've now identified a person,they will take it without, so we do not have to remove the labels or ringnecks, and within a week or two, you'll be receiving long lists to the rest of households in th~ Town, material on e×actiy how the programs going to work. The 14th of June is now the latest date on which all the carters will be on board~ and actually picking up stuff in a recycled manner. SUPERVISOR HARRIS: Thank you, Mr. Pell, for bringing that to out'attention, and we're glad that you're recycling, and we hope that you ~e~l~ ~t. uD a~ong with all the other residents in Southold Town. Town Attorney ~e~ ~ ~o~d comment on something you have said, ~r. Pell. JUNE 5, 1990 TOWN ATTORNEY ARNOFF: Mr. Pell, there's just one comment, that I would like to make, and I would like it clear where my_ office, as Town Attorney stands, on certain issues. As the Town Attorney. Okay? I don't know what Mr. Murphy did with his Town Attorney, as far as Mr. Pfluger is concerned. That's 1985, but I'm not going to take the blame for what happened in another administration. I will tell you, that I have instructed by our Town Board, and by the Supervisor, that in any ordinance case to prosecute it, using my discretion to the fullest. We will do that with Mr. Pfluger. We will do that with Mr. Petl, if he violates any of our ordinances, or anybody else who comes before the court. All it takes is someone to file the violation and it will processed. Nb, the people will not have to wait five years for anything to happen. It will happen. Certainly a defendant is entitled to request an adjournment. They did. When the case comes up, and it comes up, it will be tried, and a court will render it's decision, which we hope is fair and impartial to both the Town and the defendent. COUNCILWOMAN LARSEN: I would just like to comment, Bill, on the soliciting law, which you're urging the Town Board to pass tonight. First of all, I think anybody who solicits should be fined $250.00 or up to $5,000.00, and have a fifteen day imprisonment, or both is more than a drug dealer, who smuggles crack and whatever else those horrible things are, into this Town. There are several other areas, that ! have problems with, which I would be happy to outline with you. I was hoping to discuss with you, after the meeting, but since you choose to bring it up now, I'll be happy to bring it out now. Section 69-114B, those persons possessing a stationery peddler's license will be permitted to sell their goods or merchandise only at the site indicated on the license. Who is to determine the site indicated on the license? Rich, you can answer this one. Who determines the site indicated on the license? COUNCILMAN PENNY: The applicant, who applies for it? COUNCILWOMAN LARSEN: And no person possessing a mobile peddler's license will permit his vehicle to remain stationery for the purpose of peddling except w[~ere sales are actually being conducted, so that means if I was a florist, I still could get deliveries, because the florist is coming, or customers who are waiting for the delivery of goods ~bere they are purchased. So it's basically only for things to be delivered as far as I can read. I think this law is far too long. I think wha.t Kevin Bednowski had to say, was absolutely right. I think you're eliminating it, totally in the Town, and actually it's late. It's 9:30 at night. I've argued enough everybody for one day, so I make a motion to adjourn. Oh, one thing I'd like to say before I make it. Actually, it's up to the Supervisor to make the motion to adjourn, not me. But, as of this Saturday, I will be marrying my best friend, the best person in my life, and when I return to the Town Bioard next time, I will be Councilwoman Latson. Thank you. SUPERVISOR HARRIS: Heartfelt congratulations on behalf of the Town Board, Ellen. WILLIAM PELL: Harvey, I want to say, I did not mean to reflect anything on you. Since you have been with the Town, I think you have moved things along very good. I Know you were not here in '85. I'm well aware of this. I did not mean this to be any reflection on you. SUPERVISOR HARRIS: Is there anyone else, who would like to speak? COUNCILMAN PENNY: Once, again, I'd just like to say that the Legislative Committee meetings are every other week. If anybody has any questions on the laws, particularly this law that just came up, and I think you'll find that we covered most of the concerns that Kevin Bednowski wrote in his letter, and we spent probably an hour with him today, telling him very clearly, that in most cases that what he was concerned about did not apply to him in this law. We are not against motherhood. We are not against kid's selling lemonade. What we are against is open peddling and vending out of trucks on the highways. Like I said, we explained all this, but we'll be very happy to sit down and go over this again, in it's entirety. We will reference the letters. We will reference any comments, that any of the Town Board members would like to make. Thursday night at 7:30, we'll put this on item number one on the agenda, if neccessary, but this has been in the Legislative Committee for some time. We had difficulty over the last year or so, trying to get one in place, and I want to thank the Town Attorney, Harvey Arnoff, who came up with this law. It is a law, that exists, and it is in Brookhaven Town to my knowledge. JUNE 5, 1990 ~,59 TOWN ATTORNEY ARNOFF: Islip. A portion of it came from Islip. SUPERVISOR HARRIS: in closing, I'd like to close this Town Board meeting in memory of a close friend of mine, which is an eleven year old Labrador, which passed on this morning. In memory of Morganer of Orient, I make a motion to close. Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board meeting and hereby is adjourned at 9:25 P.M. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk