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HomeMy WebLinkAboutTB-05/16/1994291 SOUTHOLD TOWN BOARD MAY 16. 1994 WORK -SESSION Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J: Hussie, Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D, Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L. Dowd. 9:10 A.M. - Joel Lauber met with the Town Board to request permission to temporarily locate a sales/administrative office trailer on his property at 45470 Main Road, Southold, for a six month period, at which time he will have constructed a permanent building for this purpose. The Board agreed and placed resolution no. 25 on the agenda to grant the permit. 9:15 A.M. - Donald Grim met with the Board to request permission to place a watchman trailer on his Oregon Road Recycling Inc. property. Mr. Grim said he has been experiencing some vandalism and theft and feels this security trailer would be a deterrent. He advised the Board that he is not financially able to construct a permanent building at this time perhaps within two years if the economy improves. The Town Board advised Mr. Grim they would review the proposal, and look at other watchman/security trailers in Town and have an answer for him at the May 31st meeting. 9:30 A.M. - Daniel Karpen appeared before the Board with the plans and specifications for the Energy Conservation project for Town Hall, Police Headquarters, and Human Resource Center. Also present during this discussion was Superintendent of Highways Jacobs. The Board placed a bond resolution (resolution 26) on the agenda, and a resolution authorizing the Town Clerk to advertise for bids- (no. 27) for the improvements, upon approval of the Town Attorney. 10:10 A.M. Thomas Twomey, Jr., Maureen Liccione, and Edward Reale, from the law firm of Twomey, Latham, Shea & Kelley, met with the Board to present their I~roposal for the ~five East End Towns to form a coalition to seek the approval of the .DEC Commissioner to promulgate or amend the DEC regulations pertaining to landfills, in particular to amend the capping requirements of the regulations. The Long Island Landfill Law does not prohibit such action on his part. Mr. Twomey explained that the first step would be for his firm to draft the proposed new regulations, in consultation with each Towns' consulting engineers. They would meet with the appropriate NYS-DEC staff, both on Long Island and in Albany, to review the proposed regulations and to attempt to secure a commitment from the Commissioner to commence a rule-making procedure. Under Phase II, in the event a rule-making procedure is commenced by the Commissioner, TLSK would prepare the necessary technical support for the new regulations, including representation at hearings, and preparation of technical testimony. Under Phase III, if a rule- making proceeding is not commenced by the DEC Commissioner, TLSK would prepare an evaluation of the legal requirements necessary to obtain variances from the existing capping requirements of state regulations. Following a lengthy discussion on all aspects, the Town Board placed resolution no. 28 on the agenda to authorize up to $6,000 as Southold Town's share (maximum cost of $25,000 for Phase I) of the implementation of TLSK's proposal for services. 292 MAY 16, 1994 11:15 A.M. Solid Waste Coordinator James Bunchuck met with the Board to discuss the progress on plans for a.permanent transfer station. Mr. Twomey, Ms. Liccione, and Mr. Reale remained for this discussion. Councilwoman Hussie explained a proposal developed by members of the Solid Waste Management Task Force to relocate the commercial disposal site west of the scale house. The self-haulers would use the existing site and then go back to dumping directly into the trailers.--- Supervisor Wickham brought before the Board another option that might not lead to the-Town building a transfer station at all. A single transfer station servicing the East End Towns might be more cost effective, located somewhere close to Sunrise Highway or the Long Island Expressway. There is the possibility that the Towns might lose control over much of their garbage in the coming years, leaving the Town with a transfer station with no garbage. Supervisor Wickham said he is not p.?omoting the option, he just thinks it would be responsible for the Board to consider all the options. 11:50 P.M. Councilwoman Oliva brought before the Board a proposed Request for Proposals to fabricate a system for the capture and removal of grit and stones from the Scavenger Waste Treatment Plant in Greenport. The proposed solution has been worked out with the assistance of Mark Wagner of Cameron Engineering. A resolution (no. 29) was placed on the agenda to seek RFP's. 12:15 P.M'. - Recycling Coordinator Mary Jackson and Solid Waste Coordinator James Bunchuck met with the Board to bring them up to date on the beach recycling program for three Town beaches. The Board authorized Mr. Bunchuck to use Disposal Area employees to construct the recycling containers.--During the meeting Ms. Jackson distributed copies of "Waste Watch", the solid waste informative publication of $outhold Town, soon to be delivered to postal patrons throughout the Town. 12:25 P.M. - Neboysha Brashich, Chairman of the Transportation Committee, and Senior Planner Valerie Sc0paz met with the Town Board concerning the ISTEA funding requests (Southampton/East Hampton, and Southold) which did not receive funding. There is a July I deadline for resubmission, and they are proposing a ioint package to be submitted by the East End Institute a Joint Bike Path Demonstration Project for the East End with Southold, Shelter Island, East Hampton. The Board agreed, but asked that Mr. Brashich consult with the Village of Greenport about joining in the project. The Board also agreed to more emphasis on up front planning and survey work. 1:10 P.M. - Request from Barbara Harrison, Co-Chairperson for a Yard Sale to benefit the Laurel Community Schoolhouse Association, that the Town waive the S15.00 fee for the Yard Sale Permit. The Town has had an unwritten policy not to waive fees for licenses and permits, and placed resolution no. 30 on the agenda to put this policy in writing. 1:30 P.M. - Recess for lunch. 2:05 P.M. - Work Session reconvened and the Town Board discussed the proposed Local Law in Relation to Formula Food Restaurants---Councilman Townsend and Councilwoman Oliva favoring, Councilwoman Hussie and Councilman Lizewski objecting to the location in the hamlet centers, and Justice Evans, who said she cannot convince four people to vote for a location in just shopping centers, so she will support the law as it is written. Resolution no. 31 was place on the agenda to enact. 2:20 P.M. the Board discussed whether they wish to enact Negative or Positive Declarations with regard to the SEQR process on the six Hamlet Density parcels the Town Board is considerinq for upzoning to R-80. Councilwoman Hussie stated that she can't vote on all of ~he .parcels as the Board hasn't reallocated other areas in the Town. Councilman Lizewski said he doesn't like the process for any of the parcels, he considers it immoral. Councilman Townsend said he believes he will ultimately vote to up zone all six parcels. The majority of the Town Board agreed their consultant, Cramer, Voorhis & Associates, should prepare Negative Declarations. Joyce Harroun was in the audience. She stated to the Board that she wished to go on record as objecting. Also, she wants a Positive Declaration. (Re:Geier parcel) 2:25 P.M. - Resolution no. 32 placed on the agenda to grant permission to Senior Planner Valerie Scopaz to attend a conference on Neighborhood Commercial Revitalization.---Permission was granted to Detective Beth Wilson, D.A.R.E. Officer, to attend a conference in Florida (resolution no. 33).---Discussed reappointment of three CAC members (see resolution no. 34).---Supervisor Wickham asked for recommendations from the Board for candidates to be submitted for.the Suffolk County Farmland :SeJect Committee.---Discussed again offering benefits to certain elected and appointed officials, provided they pay the premiums, and specifying a 12 month pre-existing condition clause. Supervisor Wickham and his secretary, Lauren Grant, will speak to the Trustees, Board of Appeals, and Planning Board.---Placed resolution no. 35 on the agenda to appoint a part-time clerk in the Tax Receiver's office.---Request from Police Chief Droskoski to appoint Traffic Control Officers. Because resumes had not been sought, nor advertisement made, the Board set 3:30 P.M~', W~lnesday, May 18, 1994 to meet with Chief Drosk0ski. 3:05 P.M. The Board briefly discussed their Joint Meeting with the Village of Greenport. Supervisor Wickham distributed a letter he proposes to send to Mayor Kapell concerning the proposal to provide police protection to the Village. Councilwoman Hussie said she would not like to see the Town spend money on the preparation of a proposal, this should be the financial responsibility of the Village. Supervisor Wickham said the proposal will be prepared in-house by our labor relations consultants. 3:15 P.M. - Greenport-Southold Chamber of Commerce President John Romanelli, and ~our bed & brea'kf~'~t establishment owners, met with the Town Board to discuss the disrepair of the cha~mber tourist building on the outskirts of Greenport. The Chamber leases tl~e building from the Town, and pays the cost of utilities and maintenance expenses, however, there is damage to the floor of the building that the Chamber ~ar~'~ bfford to repair. Supervisor Wickham assured them that Commissioner of Public'Works Raymond Jacobs feels he can get the building in shape by Memorial Day. The bed & breakfast owners told the Town Board that they get considerable business from the tourist booth. 3:25 P.M. '- Shelly .Scoggin and Sue Kreiling met with the Town Board to discuss funding for the youth services brochure, and additional money for expenses associated with the Youth Expo. The Board agreed to an additional allocation of $1,300 (see resolu~i0n no. 36) for the food, advertising, decorations, and publication and mailing of the brochure. 3:45 P.M. - Lauren Grant, Supervisor Wickham's secretary, brought the Board up to date on the progress of finding a satisfactory home for the Aid to the Developmentally Disabled in the Mattituck area. EXECUTIVE SESSION 3:50 P.M. On motion of Justice Evans, seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session to discuss personnel. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd. 4:10 P.M. The Board reviewed the resolutions to be voted on at the 4:30 P.M. Regular Meeting. 4:20 P.M. - Work Session adjourned. 294 REGULAR MEETING A Resjular Meetinc~ of the Southold Town Board was held on May 16. 19911. at the Southold Town Hall. Main Road. 5outhold. New York. Supervisor Wickham opened the meeting at 4:30 P.M.. with the Pledge of Allegiance to the Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WlCKHAM: I think you see that our Town Clerk had an accident over the weekend. We've all been kind of kidding her through the day, but she's held up well so far. We have an audit of the bills. Would anyone like to move their passage? Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the followin,cl bills be and hereby ordered paid : General Fund Whole Town bills in the amount of $83,359.30; General Fund Part Town bills in the amount of $50,154.85; Nutrition Fund bills in the amount of $5,097.64; SNAP Program bills in the amount of $1,509.47; EISEP Program bills in the amount of $353.00; Community Development Fund bills in the amount of $2,550.00; Highway Fund Whole Town bills in the amount of $7,293.94; Highway Fund Part Town bills in the amount of $7,293.94; Highway Fund Part Town bills in the amount of $16,783.44; Employee Health Benefit bills in the amount of $38.592.02; Fishers Island Ferry District bills in the amount of $35,442.89; Refuse $ Garbage District bills in the amount of $33,683.38; Southold Wastewater District bills in the amount of $642.00; Fishers Island Sewer District bills in the amount of. $305.27; Fishers Island Ferry District bills in the amount of $541.49. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: The last minutes of May 3rd? Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the minutes of the May 3, 1994, Town Board meetinq be and hereby approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: And the next Town Board meeting? Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the next recjular meetinq of the Southold Town Board will be at 7:30 P.M., Tuesday, May 31, 1994, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED.. SUPERVISOR WICKHAM: The agendas that you should have with you outline a series of reports, that have been made available to the Board, a couple of public notices, and there was a series of items that we took up for discussion this morning, and this afternoon. Those for discussion items are listed on the order of business in the last page of the agenda in the order that we took them up, and for those of you who have that order of business, these items that were taken up for discussion purpose will not MAY 16, 199, 2 9 5 be taken up in this afternoon's meeting. What will be taken up now are the resolutions to be considered and most of them adopted in the formal business meeting that is before us now. There are no pubic hearings this afternoon. I. REPORTS. 1. Southold Town Scavenger Waste Treatment Facility Monthly Report for April 1994. 2. Southold Town Board of Trustees Monthly Report for April. 1994. 3. Southold Town Clerk's Monthly Report for April. 1994. 4. Southold Town Dog Shelter Monthly Report for April. 1994. 5. Lawrence Healthcare Town Health Plan Monthly Benefit Report for April. 1994. 1994. 7. 8. 1994. 9. 10. 1994. Lawrence Healthcare PBA Benefit Plan Monthly Report for April. Southold Town Planning Board Monthly Report.for April. 1994. Southold Town Recreation Department Monthly Report for April. Supervisor's Monthly Budget Report for April. 1994. South01d Town Police Department Monthly Activity Report for April. II. PUBLIC NOTICES. 1. Notice of Public Hearing from the Metropolitan Transportation Authority on request for Federal Financial Assistance under the Intermodal Surface Transportation Efficiency Act of 1'991. III. COMMUNICATIONS. None. IV PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR WICKHAM: We have before us thirty-five resolutions, and people in the audience are invited to give the Board the benefit of your views on any of these items on today's agenda. You have up to five minutes to address the Board on any one of these items. (No response.) If there are no comments from the audience. I think we're ready to take up Resolution Number one. Ruth. would you like to start? 1.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Assessor Chairman Scott Russell and Assessor Darline J. Duffy to attend a course entitled. "Introduction to Mass Appraisal". to be held at Oneonta, N.Y.. from June 19 through June 24, 1994, and the necessary expenses for travel, meals, and lodging shall be a legal charge against the Assessor's 1994 Budget. 1.- Vote of, the Town Board: Ayes: Justice Evans. Councilwoman Oliva. Councilman Townsend. Councilwoman Hussie. Councilman Lizewski. Supervisor WiCkham. This resolution was duly ADOPTED. 2.-Moved by Councilman Lizewski. seconded by Councilwoman Hussie. it was RESOLVED that the Town Board of the Town of Southold hereby .clrants permission to Raymond Cleaves Post 861, American Leqion. Mattituck. N.Y.. to use Town Roads - Wickham Avenue, Pike Street. Westphalia Road. Sound 'Avenue. and Love Lane, in Mattituck. for their Memorial Day Parade on Monday, May 30. 1994. provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 2.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva. Councilman Townsend. Councilwoman Hussie. Councilman Lizewski. Supervisor Wickham. This resolution was duly ADOPTED. 3.-Moved by Justice Evans. seconded by Councilman Townsend. WHEREAS. the 'Town Board of the Town of Southold. on the 3rd day of May. 1994, enacted Local Law No. 8 1994 entitled. "A Local Law in Relation to Grass Clippings"; and WHEREAS, Local Law No. 8 1994 became effective on May 9, 1994, six. days after its enactment, upon filing with the Department of State, however, the Town Board does not feel that Lhis is a sufficient amount of time to educate the public that they will now be paying for the disposal of grass clippings at the Southold Town Disposal Area; now, therefore, be it RESOLVED that the Town Board hereby waives the disposal fee for grass clippings until Monday, May 16, 1994. 3.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 4.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby closes the northerly 150 feet of East Side, Mattituck, between the hours of 1:30 P.M. and 4:30 P.M., on Sunday, June 5, 1994, to provide a safe area for the Pack 39 Mattituck-Cutchogue Cub Scouts' Cubmobile race (soap-box derby), which is being held in conjunction with their annual picnic at Scouters Lodge at Bailey Beach. provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 4,-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend. Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 5.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the TownBoard of theTown of Southold hereby accepts the resi.clnation of Elaine Schortemeier, EISEP Aide (Expanded In-Home Services for the Elderly Program). effective April 25, 1994. 5.-Vote Of the Town Board: Ayes: Justice Evans. Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 6.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it wa RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute an extension agreement between the County of Suffolk. Office of the Aging. and the Town of Southold for the CSE Day Care Program (Community Services for the Elderly). for the per.iod of April 1. 1994 through March 31. 1995. at a budget amount of $20.867.00. all in accordance with the approval of the Town Attorney. 6.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva. Councilman Townsend. Councilwoman Hussie. Councilman Lizewski. Supervisor Wickham. This resolution was duly ADOPTED. 7.-Moved by Councilwoman Oliva. seconded by Supervisor Wickham. WHEREAS. there was presented to the Town Board of the Town of Southold. on the 5th day of April. 1994. a proposed Local law entitled. A Local Law in Relation to Accessory Buildin,qs or Structures"; and WHEREAS. this proposed Local Law was referred Lo the Southold Town Planning Board and the Suffolk County Department of Planning. all in accordance with the Southold Town Code and the Suffolk County Charter; now. therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M.. Tuesday. May 31. 1994. Southold Town Hall. Main Road. Southold. New York. as time and place for a public hearin.cj on this proposed Local Law. which reads as fol lows: A Local Law in Relation to Accessory Buildings or Structures 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 thereto the following: BREEZEWAY - Open construction with a roof projecting from the outside wall of a building not to exceed dimensions of 8' by 10' connectin9 the main building and a cjarage. Other types of attachments which extend more than 10 feet, or exceed 80 scl.ft, in area. shall not attach a main building to a separate building unless such attachment meets the recluirements of livable floor area. M~A¥ 16, 1994 297 DECK - Construction attached to a building open to the sky with floor materials built at an elevation above natural grade. Decks are required to have building permits before construction. PATIO - A flat, leveled structure attached to a building by steps, or other construction, and having a base floor area at or below natural grade and open to the sky. A patio structure below or at grade is not deemed to be a deck or porch and shall not require a building permit. New step areas to patios, decks, porches, breezeways, etc. will require a building permit. Any other patio or similar structure constructed above natural .grade also requires a building ~ermlt. Section 100-230 (F) is hereby added to read as follows: Exceptions for accessory buildings and structures. Notwithstanding any other provision of this chapter, accessory buildings and structures in all zoning districts must comply with the location and minimum setback requirements provided at Section 100-33, with the following provisions: e II. This Local Law Sta re. An accessory building may be otherwise located when attached by a breezeway provided it is used only for accessory storage or garage purposes and meets all setback provisions required for the main. principal bu i lding; In ;the event of a change from an accessory storage or garage use to livable floor area, the breezeway and garage-storage area may only be converted by direct access between the rooms and made an integral part of the existing livable floor area of the principal building for single-family use. Other types of additions which connect two buildings must meet the setback requirements for the principal building. Deck and/or patio additions to a principal building which do not connect two structures or buildings are permitted if they meet principal building setbacks. shall take effect upon its filing with the Secretary of Underscore represents addition(s) 7.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 8.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality 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 significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Desi.qnation of Parkinct Areas on Fishers Island". The use of Race Point and Wilderness Point, as recreational areas on Fishers Island by persons other than residents has increased to such an extent that such areas have become overcrowded with the result that residents are denied the. use thereof. The Town Board therefore declares it to be policy to restrict and regulate the parking of vehicles at Race Point, located at the southwestern most tip of Fishers Island and Wilderness Point to the east. The proposal 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 proposal be 298 MAY 16, 199~ implemented as planned. This Local Law amends Chapter 65, Parking at Beaches, in the Code of the Town of Southold. Vote of Lhe Town Board: Ayes: Justice Evans, Councilwoman Otiva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 9.-Moved by Justice Evans, seconded by Supervisor 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 Desi.cjnation of Parkin.cl Areas on Fishers Island"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, May 31, 1994, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin.cl on the aforesaid proposed Local Law, which reads as follows: .... A Local Law in Relation to Designation of Parking Areas on Fishers Island I. Chapter 65 (Parking at Beaches) is hereby amended to read as follows: 1. Section 65-3.1 (Designation of Parking Areas on Fishers Island) is hereby added to read as follows: § 65-3.1 (Designation of parking areas on Fishers Island) The use of Race Point and Wilderness Point as recreational areas on Fishers Island by persons other than residents has increased to such an extent that such areas have become overcrowded with the result that residents are denied the use thereof. The Town Board therefore declares it to be policy of the Town of $outhold to restrict and regulate the parking of vehicles at Race Point, located at the southwestern most tip of Fishers Island and Wilderness Point to the east. No person shall park any type of. vehicle in any parking area designated herein §65-3.1A as a "Parking by Permit Only" area unless such vehicle displays a valid parking permit duly issued for such vehicle in accordance with the provisions of §65-3.1D. The Town of Southold will erect and maintain a sign at each designated location indicating "Parking by Permit Only". Do Parking Permits for any vehicles in the parking areas designated on Fishers Island shall be issued as follows: A resident parking permit shall be issued by a Fishers Island designee of the Southold Town Clerk to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall present for inspection the following proof of residency: a valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed tin the name of the applicant, or a valid motor vehicle registration in the name of the applicant at an address located within the Town of Southold or such other proof of residence as is satisfactory to designee. Upon determination by designee that applicant is a qualified resident of the Town, and upon payment of a fee, previously determined by Town BOard resolution, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall be affixed to the right front bumper and shall not be transferred to any other vehicle. MAY 16, 1994 299 (2) A lessee parking permit shall be issued by the Fishers Island designee to'all persons who lease or rent property within the Town of Southold but do not qualify as residents defined in §65-3.1D(1). Persons applying for a lessee parking permit shall indicate the location of leased or rented property, the persons occupying the same, and the term of tenancy and must present to the designee as proof of tenancy verification from the property owner or managing realtor. Upon determination by designee that applicant is entitled to a lessee parking permit and upon payment of the fee, such permit shall be issued and inscribed with the vehicle licence registration number and shall be affixed to the right front bumper and shall not be transferred to any other vehicle. (3) A guest parking permit shall be issued by the Fishers Island designee t.o all persons who are qualified for residential or lessee parking- permits as defined in §65-3.1D hereof for use by guests temporarily residing in the dwelling of such resident or lessee. The resident or lessee applying for a guest parking permit shall indicate the location of property to be occupied by the guest, the names of the guests and the length of time of guest occupancy. The guest parking permit shall be displayed in the right front dashboard area of the vehicle, shall not be transferred to any other vehicle and shall be valid during guest occupancy only. Any vehicle parked in violation of the provisions of §65-3.1 or any other law, ordinance, rule, regulation or resolution, may be removed or be caused to be removed by the Fishers Island Constables or the New York State Troopers. o Section 65-~, (Duration of permits) is hereby amended to read as follows: Unless otherwise specified, all parking permits provided for in this chapter, ex~ept-on~-dl~y~ nonl'e~ide~-perr~Pcs~ shall expire on December 31 of the year in which issued. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. ** Overstrike represents deletions. '9°- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. · This resolution was duly ADOPTED. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality 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 significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Fishers Island Harbors". This proposed law delegates authority'to the Fishers Island Harbor Committee to assign temporary anchoring areas in West Harbor and Hay Harbor, Fishers Island. The proposal has been determined not to have a significant effect on the environment because an 3 0 016, 199. Environmental Assessment Form has been submitted and review, ed and the Town has concluded the no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. This Local Law amends Chapter 32, Boats, Docks and Wharves, in the Code of the Town of Southold. 10.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman I_izewski, Supervisor Wickham. No: Councilwoman Hussie. This resolution was duly ADOPTED. 11.-Moved by Justice Evans, seconded by Councilwoman Oliva, 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 Fishers Island Harbors"; now; therefore, be it RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, May 31, 1994, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearincj on the aforesaid proposed Local Law, which reads as follows: A Local Law in Relation to Fishers Island Harbors BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 32 (Boats, docks and Wharves) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 32-39.2A is hereby amended to read as follows: A. All boats temporarily anchored in West Harbor and Hay Harbor at Fishers Island shall anchor in an area assigned by the Harbor Master ~r J3ray (;onst~bte Fishers Island Harbor Committee. (1) Anchoring shall not be permitted for a continuous period of more than three (3) days unless authorized by the Hambor Master or Bay Constable, which authorization may only be granted for emergency situations. 2. Section 32-39.2(B)(5) is hereby amended to read as follows: (5) The location of each mooring shall be assigned by the Fishers Island Her~or Master Committee, who which shall be appointed by the Town Board. II. This local law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions ** Underscore represents additions 11.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend. Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 12.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Pirates Cove Marine, Fishers Island, N.Y., in the amount of $1,000.00, for repair and placement of channel markers and instructional floats in both West Harbor and Hay Harbor, Fishers Island, as well as replacing missing floats that are lost during the season, at a $25.00 per hour rate, under the supervision of the Harbormaster; buoys and float to be prepared and placed by May 28, 1994 and removed and stored by October I5, 1994; all in accordance with the bid proposal; Pirates Cove Marine to be paid 50% on June 1, 1994 and 50% on November 1, 1994. 12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. Abstain: Councilman Townsend. This resolution was duly ADOPTED. 13.-Moved by Councilwoman Oliva. seconded by Justice Evans. it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their resolution no. 19. adopted on April 19. 1994. appointing Susan Hallock as a temporary Stenographer for the Board of Assessment Review. whereas ~ls. Hallock has declined the position. 13,-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva. Councilman Townsend. Councilwoman Hussle. Councilman Lizewski. Supervisor Wickham. This resolution was duly ADOPTED. MAY ,6. 1.9, 3 0 1 14.-Moved by Councilwoman Oliva, seconded Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lorraine A. Markowski as a temporary. Steno.qrapher for the Board of Assessment Review, effective May 17, 1994, at a salary of $7.61 per hour. 14.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 15.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, 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 ParkincI Areas~'; now, therefore, be it RESOLVED that the Town Board hereby sets 8:15 P.M., Tuesday, May 31, 1994, SoUthold Town Hall, Main Road, Southotd, New york, as time and place for a public hearinq on this proposed Local Law, which reads as roi lows: A Local Law in Relation to Parking Areas BE IT ENACTED, by the Town Board of the Town of Southold as follows: I.Chapter 65 (Parking at Beaches) of the Code of Town of Southold is hereby amended as follows: 1. Section 65-2;A. (Designation of parking areas requiring permits. J is hereby amended by addinq the following: (18)South Harbor Lane, Southold. on the west side, for th¢ .cjuardrail at the southerly terminus northerly for a distance ofS00 feet. (19)Terry Lane. Southold. both sides, from the hicjh water mark at the westerly terminus easterly to the intersection with Hobart Road. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. 15,-Vote of the ~rb:wn Board: Ayes: Justice Evans. Councilwoman Oliva. Councilman -'Townsend. Councilwoman Hussie. Councilman Lizewski. Supervisor Wii:kham. This resolution ,was duly ADOPTED. 16.-Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby .(]rants permission to Senior Accountant John A. Cushman II and Personal Assistant Barbara Rudder to attend a meeting of the New York State Government Finance Officer's Association, Inc. on Wednesday, May 25, 1994, beginning at 11:30 A.M., at East Meadow, N.Y., and the necessary expenses for registration, meal, and transportation, using a town vehicle, shall be a legal charge to the Accounting $ Finance Department.s 1994 Budget. 16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman TOwnsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 17.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the twon Board of the Town of Southold hereby reiects the bid received on May 12, 1994 for the food items for the Southold Town Nutrition Center, whereas only one bid was received and it was extremely incomplete. 17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 18.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for bids for food items, for the Southold Town Nutrition Center for the remainder of 1994, all in accordance with the bid specifications. 18.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 19.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, the Town Board of the Town of Southold has proposed a change of zone on their own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District on the property of Kace Realty Co., located on the south side of Route 48, 1000 feet east of Chapel Lane, Green port, N.Y., containing 17.1 acres, SCTM ~1000-40-3-1; now, 'therefore, be it RESOLVED that the Town Clerk be and she hereby is eirected to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. 19.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva. CounCilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 20.-Moved by Moved by Councilwoman Oliva, seconded Justice Evans, WHEREAS, the Town Board of the Town of Southold has proposed a change of zone on their own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District on the property of John Geier & Another, located on the south side of Route 48, 400 feet west of Moores Lane, Greenport, N.Y., containing 10.55 acres. SCTM #1000-~0-4-1; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. 20.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend. Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 21 .-Moved by Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS, the Town Board of the Town of Southold has proposed a change of zone on their own motion from Hamlet Density Residential R-80 District on the property of LBV Properties, located on the north side of Route 25, 1139 feet northeast of Sound road. Greenport, N.Y., containing 132.08 acres, SCTM ~1000-35-1-25; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. 21.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 22.-Moved by Justice Evans, seconded by Councilwoman Oliva, WHEREAS, the Town Board of the Town of Southold has proposed a change of zone on their own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District on the property of San Simeon Retirement Community, Inc., located on the east side of Chapel Lane, south of Route 48 and north of Route 25, Greenport, N.Y., containing 20.07 acres, SCTM #1000-045-2-10.3; now, therefore be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. '22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 23.-Moved by Supervisor Wickham, seconded by Justice Evans, WHEREAS, the Town Board of the Town of Southold has proposed a change of zone on their own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District on the property of John G. Siolas and Cal~herine Tsounis, located on the south side of Route 48, 805 feet east of Chapel Lane, Green port, N.Y., containing 1.2 acres, SCTM #1000-45-2-1; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the SouthoId Town Planning Board and the Suffolk County Department of Planning, all in accordance with the Southold Town Code and the Suffolk County Charter. 23. -Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva. Councilman Townsend. Councilwoman Hussie. Supervisor Wickham. No: Councilman Lizewski. This resolution was duly ADOPTED. 24.-Moved by Councilwoman Oliva. seconded by Justice Evans. WHEREAS. the Town Board of the Town of Southold has proposed a change of zone 'on their own motion from Hamlet Density (HD) Residential District and Low Density Residential R-40 District to Low Density Residential R-80 District on the property of Jem Realty Co.. located on the north side of Route 25. 564 feet east~ of Sound Road. Greenport. N.Y.. containing 62.3 acres. SCTM ~1000-035-1-24; now. therefore, be it RESOLVED that the Town Clerk be and she hereby is direct to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning. all in accordance with the Southold Town Code and the Suffolk County Charter. 24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva. Councilman Townsend. Councilwoman Hussie, Supervisor Wickham. No: Councilman LizeWski. This resolution was duly ADOPTED. 25.-Moved .by Councilwoman Hussie. seconded by Councilwoman Oliva. it was RESOLVED t~hat the application of Joel Lauber for permission to locate a sales and .administrative trailer on his property at 45470 Main Road. Southold. be and hereby is granted for a six (6) month period. 25.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva. Councilwoman - HusSie. Councilman Lizewski. Supervisor Wickham. Abstain: Councilman Townsend. This resolution was duly ADOPTED. SUPERVISOR.WICKHAM: We have before us a resolution to. basically appropriate a bond to finance a number of improvements in three buildings of Southold :Town to economize on the electrical consumpton. Moved by Supervisor Wickham. seconded by Councilwoman Olive. BOND RESOLUTION OF THE TOWN OF SOUTHOLD. NEW YORK. ADOPTED MAY 16. 1994. AUTHORIZING THE PARTIAL RECONSTRUCTION OF THE LIGHTING AND THE HEATING AND/OR VENTILATING SYSTEMS IN THE TOWN HALL. THE POLICE HEADQUARTERS AND THE HUMAN RESOURCES CENTER. STATING THE ESTIMATED 'MAXIMUM COST THEREOF IS $150.000. APPROPRIATING SAID AMOUNT THEREFORE. AUTHORIZING THE ISSUANCE OF $150.000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION AND STATING THAT ANY MATCHING STATE GRANTS FOR ENERGY CONSERVATION RECEIVED BY THE TOWN WILL BE EXPENDED FOR THE COSTS OF SUCH RECONSTRUCTION OR PAYMENT OF PRINCIPAL OF AND INTEREST ON SUCH BONDS. THE TOWN BOARD OF THE TOWN OF SOUTHOLD. IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVED (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FO LLOWS: Section 1. The Town of Southold. in the County of Suffolk, New York (herein called "Town"), is hereby authorized to reconstruct, in part. the lighting system and the heating and/or ventilating system in each of the Town Buildings hereinbelow specified, and to expend therefor an amount not to exceed the estimated max.mum cost for said respective systems set opposite each such Building, as follows: Heating and/or Buildinq LiGhtinG System Ventilatinq System (a) Town Hall, Southold $ 60,000 $ 2,000 (b) Police Headquarters, Peconic (c) Human Resource Center, Mattituck 23,500 1,500 25,000 30,000 304 MAY 16, 199. The estimated maximum cost thereof, being all of the items of a single specific object or purpose, including preliminary costs and costs Incidental thereto and to the financing thereof in the amount of $8,000, is $150,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of $150,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. It is anticipated that the Town will receive matching grants for energy conservation from the State of New York, pursuant to the provisions of ~he Energy Law §5-105(2), constituting Chapter 17-A of the Consolidated Laws of the State of New York, as amended by 1987 N.Y. Laws Chapter 615, 1989 N.Y. Laws Chapter 659 and 1993 N.Y. Laws Chapter 598 and any such grants so received wilt be expended for payment of the costs of such reconstruction or for payment of the principal of such bonds or the interest thereon. Section 2. Serial bonds of the Town in the principal amount of $150,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of such Consolidated Laws (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of each item of the specific object or purpose for which said $150,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 13 of the Law, is hereby determined to be five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. (C) The proposed maturity of the bonds authorized by this resolution will not not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general uax u]~on all the taxable real property within the Town without limitatio of rane or amount The faith and o credit of the Town are her by irrevocably pledged to the punctual payment of the principal o and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Sections 50.00, 56.00 no 60.00 and 168.00 of the Law, 'the powers and duties of the Town Board relative to authorizing bond anticipanlon notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, and as to entering into contracts for credit enhancemenns, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized no expend money, or 3 0 6 M^v ,6. ,99. (b) the provisions of law which should be complied with at ~he date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in the "THE LONG ISLAND TP~AVELER-WATCHMAN," a newspaper published in Southold, New York, and the "SUFFOLK TIMES" a newspaper published in Mattituck, New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. 26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 27.- Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for energy conservation improvements at the Southold Town Hall. Police Headquarters. and Human Resource Center. under a grant application to be submitted to the New York State Energy Office; all in accordance with the bid specifications as prepared by Daniel Karpen. Profession Engineer Consultant. P.C.; and subject to the approval of the Town Attorney. 27.-Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva. Councilman Townsend. Councilwoman Hussie. Councilman Lizewski. Supervisor Wickham. This resolution was duly ADOPTED. COUNCILMAN TOWNSEND: Just for the people, these last couple of resolutions relate to improvements we want to make to lighting, heating. and air conditioning, and it would result in a substantial savings to the town. The State Department of Energy has a reimbursement process, that will enable us to almost half of what we invest back in an outright. . it's not a grant. It's a reimbursement. We feel even without that. we could by bonding this. effect an immediate cost savings. Several of us go on record as opposing bonding, and things, that should be paid for out of the annual budget. In this instance it makes sense to bond. because we'll result in an immediate savings, especially if we get the grant of as much as $4.000.00 or $5.000.00 a year. That,s why the Town took quick action on this. Anybody want to add anything to that? Basically that's it. COUNCILWOMAN HUSSIE: We're not getting a grant of $4,000.00 or $5,000.00. We expect to save that. COUNCILMAN TOWNSEND: Did I say grant? I meant we expect to save. The first three buildings we're looking' are the Town Hall, Police Department, and the Human Resource Center in Mattituck. The overall annual energy cost I think we figured as, what, $75,0.00.00? SUPERVISOR WICKHAM: Seven-five thousand dollars a year the Town is spending on electricity charges in these three buildings, and the improvements, when carried out. should result in a savings of about $25,000.00 a year. COUNCILWOMAN OLIVA: Not only that, it should improve the air quality in this building, because the ducts are so filthy, that one of us get a cold everyone of us get a cold, so it should really improve our health too, so we can work more effectively. 28.- Moved by Supervisor Wickham, seconded by Justice Evans, WHEREAS, the Towns of Southold, Shelter Island, Riverhead. East Hampton, and Southampton all face costs totalling over $100 million for capping and closing their municipal landfills per NYS Part 360 and the. LI Landfill Law; and WHEREAS, the landfills of all five towns have much in common; and WHEREAS., '!~he Town of' S°Uthold has conducted extens~ive hYdro-geological monitoring in and around its landfill showing insignificant contamination of groundwater from the landfill; now, therefore, be it RESOLVED that Supervisor Thomas Wickham be and he is hereby authorized and directed to execute a contract with the firm of Twomey, Shea, Latham and Kelley. per their scope of services memorandUm to assist the Town in its representations to the New York Department of Environmental ConserVation for amended capping and closure rules as applied to the Cutchogue landfill, , subject to the approval of the Town Attorney; and be it FURTHER RESOLVED ~hat the Town Board hereby authorizes up to $6,000 for this representation, .the remainder to be paid by the other towns. 28.- Vote of the =:Town Board: Ayes: Justice Evans, Councilwoman Oliva. Councilman Townsend,.~ Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2~.- Moved by Councilwoman Oliva. seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for written bid proposals for the Supply and installation of a Gravel Removal System at the Southold Town Scavenger Waste Treatment Plant at Moore's Lane. Greenport, N,Y. 29.-Vote of the Town' Board: Ayes: Justice Evans, Councilwoman Oiiva, Councilman Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution~ Was duly ADOPTED. 30.- Moved by Hussie. seconded by Councilwoman Oliva, WHEREAS of the Town of Southold has many fees for licenses and WHEREAS generated pay for the services rendered; now, therefore RESOLVED that the Town Board of the Town of Southold hereby enacts a policy not for permits and licenses. 30.-Vote of -d: Ayes: Justice Evans, Councilwoman Oliva, Councilman Councilwoman Hussie, Councilman Lizewski, Supervisor Wi~ ,k, ham. This resolution was duly ADOPTED. 31 .- Moved by Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 22nd day of March, 1994, a Local Law entitled, "A Local Law in Relation to Formula Food Restaurants"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter; and WHEREAS, thle Town Board held a public hearing on this Local law on the 3rd day of May, 1994, at which time all interested persons were given an opportunity to be heard thereon; now. therefore, be it RESOLVED that the Town Board hereby enacts Local law No. 9 - 1994, which reads aS follows: LOCAL LAW NO. 9 - 1994 A Lo~ai Law in Relation to Formula Food Restaurants BE IT ENACTED, ~3y the Town Board of the Town of Southold as follows: !. Chapter 1(10 (Z~ning) of the Code of the Town of Southold is hereby amended as follows: . 3'0 81 ,99. INTENT. A formula food restaurant, by its nature, reflects a standardized format which is evident in its corporate appearance, food offerings, manner of presentation, and advertising, and which is at odds with the scenic rural nature of the Town of Southold. Formula food restaurants are intense land uses that typically are associated with suburban communities where they are located within strip commercial zones along major arterials. However, increasingly they are being located within traditional business centers. This ordinance will limit such uses to the traditional business core of the Town. This ordinance is in keeping with the Goals and Obiectives of the Town's Comprehensive Plan to encourage the economic vitality of the traditional hamlet centers while simultaneously protecting their-unique local flavor and rural character. Accordingly, the special exception requirements are designed to ensure that the uniform,, standardized, corporate format of formula food restaurants are modified t'o accord with the rural scenic character of the Town, including the development of the hamlet on a scale that ~s accessible for pedestrian'access, and historical architectural tradition.. 1. Section 100-13 (Definitions) of the Code of the Town of Southold is hereby amended as follows: RESTAURANT:- Any premises other,than take out or formula food restaurants.where .food i.s commercially sold for. on-premises consumption, to patrons seated at tables or counters. ea~ ~ saC,cars oP o~td~s-sha+F n~,, ~cons~ered- a Ures~ramtu d~ ~ RESTAURANT, FORMULA FOOD - A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation,i decor, external facade or uniforms. RESTAURANT, E~FYE-~N- 6H~ FAC~sF- FO~E)- TAKE OUT - Any establishment other than a formula food restaurant, whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper, plastic or other disposal containers, for consumption within the restaurant building, elsewhere on the 'premises or for carryout for consumption off the premises. SHOPPING CENTER - A group of retail and service busines~e~ which have an integrated architectural and site design and which have an anchor tenant consisting of either a supe[,.~rket or a department store if the anchor tenant encompasses a minimum of 25.000 square feet of area. Section 100-91(A)(7) (Use Regulations) of the Code of the Town of Southold is hereby amended to read as follows: o Restaurants, excluding d¢+ve-i~ formula food and take out restaurants. 3. Section 100-91(B) (f) (11) is hereby added to read as follows: (11) Take-out and formula food restaurants, subject to the following requirements: Adequate parking shall be provided in accordance -with that required by the Parkin9 and Loading Area Article of the Zoning Code. All parking spaces shall be located within reasonable walking distance of the site, or 300 feet whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parkin9 shall be determined by ,the Planning Board as part of its site plan rewew procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subiect land use. fo An assessment of the potential traffic !mpacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or walk-up window or door. Exterior signage shall conform in all respects to the Sign Article of t, he Zoning Code and, further, may not be lit from within. Advertisements including trademark Iogos may not bo affixed, painted or glued onto the windows of th.~ business or onto any exterior structures, includinq waste disposal receptacles and flags The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings public spaces and uses in the particular location Section 100-101(B)(9) is hereby amended to read as follows: (9) F~s~-f~ Take out restaurants, provided that eating on the premises of the ~t~r~c~ take out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where minimum lot size for a freestanding structure is forty thousand (40,000) square feet. Section 100-101(B)(16) is hereby added to read as follows: (16) Formula food restaurants located within a shopping center in this zone, subiect to the following requirements: a. There must be sufficient parking as provided for by the Parking and Loading area Article of the Zoning Code and such parkin9 area shall be available within shopping center site to accommodate the us~. The operation of the establishment shall not creat~ traffic problems. There shall be no counter serving outdoor traffic via a drive-in, drive-through' drive-up, drive-by or walk-up window or door. Exterior siqnage shall conform in all respects tn the Sign Article of the Zonin9 Code and, further, may not be lit from within. Advertisements including trademark Ioqos may not be affixed, painted br glued onto the windows of the business or onto any exterior structure includin¢! waste disposal receptacles and flags f. The signage must conform to the existing color , theme and signage style of the shopping center. g. The existin~q exterior architectural style of th~ shopping center building may not be altered modified in any way to accommodate the proposed us~. ho The use must be located within the shoppincj center's main primary building complex, and may not be located within a single freestanding structure within the shopping center site. Section 100-191(A) (Off-street parking areas) is hereby amended by changing the following to read as follows: TYPE OF USE REQUIRED NUMBER OF SPACES II. Restaurant, drive-in, curb service take out or formula food 1 space per 2 seats or I space per 50 square feet of gross floor space, whichever is-greater This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions ** Overstrike represents deletions 31.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. COUNCILWOMAN OLIVA: I would just like to say we have really looked very hard at many ordinances all over this country, and after reviewing ours. and reviewing others, I think ours is one of the most restrictive that I've seen outside of outright banning. COUNCILMAN TOWNSEND: I'd like to add, J think a lot of attention has been given as to where these establishments go as to what we're doing to the use. We're putting severe limitations on the use. The use will result in a restaurant that will look very little different from a regular restaurant. They should be undistinguishable. Restaurants are allowed in almost all business areas in this town. We are restricting this to hamlet areas, because we feel that the centralized parking in hamlet areas, and in shopping centers will create a more friendly, and shopping kind of environment, which is what we're trying to accomplish in the hamlet business areas. 32.-Moved by Supervisor Wickham. seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Planner Valerie Scopaz to attend a "Main Street Managers Training Institute" at Cornell University, Ithaca, N.Y., from Wednesday, June 15 through Friday, June 17, 1994, and the necessary expenses for meals, lodging, registration, and transportation shall be a legal charge to the Planning Board's 1994 Budget. 32.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie. Councilman Lizewski, Supervisor; Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: Ms. Scopaz is requested to give a brief report to the Town Board of what she participated in. 33.-Moved by Councilwoman Oliva. seconded by Super.visor Wickham. it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Beth Wilson to attend the 7th Annual D.A.R.E. Officers Association Conference to be held in Orlando. Florida, from July 11 through 15. 1994. and the actual expenses for travel, meals, lodging and registration shall be a legal charge to the 1994 D.A.R.E. Budget; Detective Wilson to provide a written report on the conference when she returns. 33.- Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva. Councilman Townsend. Councilman Lizewski. Supervisor Wickham. No: Councilwoman Hussie. This resolution was duly ADOPTED. 34.- Moved by Supervisor Wickham. seconded by Councilwoman Hussie. it was RESOLVED that the Town Board of the Town of Southold hereby reappoints John J. Ha,cleftY, Patricia Isaksen. and Betty Wells as members of the Southold Town Conservation Advisory Council. effective June 18. 1994 through June 18. 1996. 34.- Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva. Councilman Townsend. Councilwoman Hussie. Councilman Lizewski. Supervisor Wickham. This resolution was duly ADOPTED. 35.- Moved by Councilwoman Hussie. seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lena Conte as a part-tim Clerk in the Tax Receiver's Office. effective immediately at a salary of ,.$6.35 per hour. 35.-Vote of the ,Town Board; Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend. Councilwoman Hussie. Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. COUNCILMAN TOWNSEND: I'll offer the next resolution, and basically what we're doing is have an exposition called the Southold Town Youth Expositi. o.n of activities that currently exist for young people in the commuruty, and we'~e authorizing a little money from the Youth budget to advertise it properly, to provide some hot dogs. and sodas, and to help with the,decorations. Also. including in the amount was a brochure. This is a ,mock~ brochure, which lists many of services, and activities for the youth It will be much nicer than this. and we hope to have more complete out in a few months. This will be availa~ ,position. 36.-Moved by Councilman Townsend. seconded by Councilwoman Oliva. it was RESOLVED:, that th~ ~Town Board of the Town of Southold hereby allocates an additional $1,300.00 for expenses for the Youth Expo to be held on June /4, ~: iI;99/4~ and for the production of a brochure of youth services offered in the Town of Southold. 36.-Vote of Ayes: Justice Evans. Councilwoman Oliva, Council send Councilwoman Hussie, Councilman Lizewski, Su This resol on was~ duly ADOPTED. SUPERVISOR WICKHAM: That completes our agenda on resolutions. [tape change.) ~ou may,I,let us know your views on any matter that you think we should be aware of. Is there anyone in the audience that would like to address the Board? AGNES DICKINSON: I'm Agnes Dickinson from Southold. Unfortunately I couldn't attend the May 3rd hearing on fast or formula food. but through the magic of television I was able to hear all of your comments on that evening, and if you'll permit I would like my thoughts to go on record. It's a great disappointment to me. that neither the former or the present Town Board has shown the courage to Lry to keep fast food restaurants out of Southold Town all together. True. a legal challenge might be made. but we were brave enough, almost cavalier, in fighting the State of New York about keep|ng the landfill open. That happened to turn out alright. The fine, almost equaled the savings. Why the same wallop is not being shown against fast food restaurants remains a mystery. There are many other towns in: ,,this country, that have avoided the blight, towns with a lot of tourist traffki, that would be ideal for the Big Macs. If the answer to this is that research has not shown how these towns have managed to do this. then that means that not enough research has been done here. A serious p~oposai, and unfortunately a law now. has been enacted to place formula foods in hamlet areas, but has this really been thought through? On a positive note I have a plan for that proposal. As you said. the definition of ,hamlet is that land located within a half mile radius of it's post Office. Is'that true? Since the people of Southold town really don't want to see fast food let!s start as far east as possible, so that the fewest people will have to suffer them. so they eventually scar each of the hamlets:. 3ps Taco Bell currently the ugliest could be placed just to the east of Village Lane in Orient. if nothing is available on Village Lane. East Marion is a place where it's difficult to find a burger and coke, so perhaps Sep's farm stand would be willing to offer a location that tie in saleable opportunity as suggested by a Town Board member. Wendy's would be one idea for this hamlet. Greenport is no problem whatsoever with all of the empty stores, so let's move right on to Southold. With no more restrictions to contend with McDonald's will be back, and seems like an ideal choice. Joanthony's would be put out of business, as would be the new restaurant in Feather Hill, in fact with it's massive group John's would be a perfect choice for Mac's. Now, Peconic residents would no doubt welcome a Roy Rogers where the present Laundromat, post office, deli building is now located. This location surely meets- hamlet criteria. Now, Cutchogue presents a bit of a problem, but it might be possible as in East Marion to tie in with one of the farm stands. Kentucky Fried Chicken seems a !ogical choice in the spirit ,of the Fire Department's Annual Chicken Barbecue. Now, New Suffolk mustn't be denied. Supposing you place a Dunkin Donuts here for fishermen and windsurfers to use, to warm up following a chilly time on the bay~ it seems that we are determined to have a Burger King, or whoever the real chief company to sell to in Mattituck. That is outside of the hamlet area, so we must consider where on Love Lane we will place a Domino's Pizza. We're now left with Laurel where there can be no doubt as to fast food, or it's location. Tie Big Macs with an existing farm stand; :Why' should a fellow or gal travel all the way Lo Southold for a burger and coke; Of course, this is facetious, but there are times when hitting stubborn mule over the head is the only way to get his attention. This is, I hope, an exaggerated depiction of what we might face by permitting fast foods in hamlet zones. This picture reduced by 90% would then ultimately change the face of Southold. Please, consider these suggestions. Try to keep fast foods out of Southold Town. If necessary enact a moratorium. If we can't find a way to limit the number of fast foods, limit fast ,foods to existing shopping centers, limit fast foods to light industrial zones. Please, show that you care, and of course, that's all after the fact I'm sorry to say. SUPERVISOR WICKFtAM: Are there other comments from the audience? WESLEY DICKINSON: Wes Dickinson, Southold. The Southold Landmark Commission along with the Southold Historical Society has been working for the last couple of years to try to have this made into a historic district. We documented every house, and piece of property, and can't tell you how much work has been spent on this. The problem with it now it is not continuous. It's broken at Feather Hill with the bank across the street. That makes it difficult in the eyes of the Landmark Commission to make it a historic district, however it has been possible, and we're still working toward that end. The fast food comes into Southold, which it will be able to do now, or work is in vain, and that will apply to any other hamlet, too. CATHERINE TSOUNIS SIOLAS: My name is Catherine Tsounis S[olas, and I would like to present this paper to every member of the Board. The purpose of us being here is. to oppose the upzoning of John G. Siolas, and Catherine Tsounis' property number 1000-45-2-1 located on the south side of Route 48, 805 feet east of Chapel Lane, Greenport, New, -York, containing 1.2 acres. Since the April 19th Town Board meeting where-I voiced my objection to the proposed upzoning of our property three excellent articles were published by the Island Traveler, Suffolk Life, Suffolk Times newspapers, and the meeting was transmitted live all over the east end of Long Island by cable television. These articles and the mass mediaaccomplished an excellent job of presenti.ng the point of view of my husband and myself. These press releases from the three newspapers were circulated all over the east end with photocopies, and became a topic of conversation ali over New York City with persons in total support of our problem with the Town Board. The following petition, which every member of the Board received this past week, has over thirty-five signatures supporting our right to keep our property at hamlet density. The best way to describe the petitioners opinion, the reason why they signed that petition can best be accomplished by quoting the Suffolk Life addition April 27th issue, where the writer states that Councilman Lizewski said that if the Town Board is successful in changing the zone of these people they can change the zone of anybody, and do whatever they want. That is why we are starting the grass roots movements against the Town Board. These petitions were sent in addition to the Southold MAY 16, 1994 313 Town Board to Governor Cuomo, Kenneth P. LaValle, Assemblywoman Patricia L. Accampora, County Legislature Gregory Blass, and the three local newspapers. Andreas Markakis, President of the Helenic American Taxpayers of Southold Town, has pledged his support of our cause. He represents a thousand taxpayers in Southold, and he has pledged his organization to expanding our petition drive across the east end. We believe that if this zoning law is enacted it will be a financial hardship to our family. It marks the end of the middle class landowners on the east end of Long Island, and I would like to finish my presentation by quoting the Island Traveler, Thursday, May 12th, the editorial. How can the Town go all out to eliminate it, by it he means quarter zoning, from Southold Code, and strip property owners of long held rights only then to make a complete about face in saying that construction would just fine as long as the homeowners are village residents. At the end of the editorial it sites as all of us as hard working people feel about our future. Businesses are closing. Taxes are rising. School;;~ldg~ts.i~e failing, and residents have come to fear falling property values, and erosion of their quality of life. It's time that the Town started addressing these concerns for a change. SUPERVISOR WICKHAM: Thank you. Is there anyone else, who would like to address the Town Board this afternoon? (No response. ) If not, I'd like to turn to the Board, and inquire if there's anyone on the Board who would like to address the Board and the audience? (No response.) I would' like to make a couple of very brief comments then. One of them is, I had the opportunity yesterday at 1:00 o'clock to deliver proclamations on behalf of the Board to the Emergency Medical Squads of this town, which have provlded a .very important, and voluntary contribution to the safety and health of our people. Many of you know that this week is Emergency Medical Squad Week. All of the EMT's that operate now out of our Fire Departments, and provide emergency medical services are extremely important to this town. There are many of them. They've been organized as an effective EMT organization only in about the last ten or fifteen years,. I think overall the number of calls, that come into the town now, the great preponderance of those calls are for EMT services, rather than fire services, and this week we're honoring those people. I'd also like to draw attention to the people here, that Town is advertising for people to serve on our Transportation Committee. The Transportation Committee is a new committee authorized by the Town Board a few weeks ago. There are still several positions on that committee available to interested parties. The committee is assisting the Town Board in coming up with a transportation plan, and to seek support for implementing that plan. Transportation meaning the highWay system, the road system, the bike trails, and Other means of t;ransport within the town, so that we can escape the problems that the South Fork has had, they're having major congestion, toPlan ahead 15efore it: happens here. Finally I'd like to briefly draw the attention of the people here to the efforts that the towns of Riverhead, Southampton, East,, Hampton, and Shelter Island, and Southold are making to try t°'cleallwith our solid waste problems in a joint manner. We believe that~ the met;hods of addressing both capping and closing enclosure of our current l'andfills, and also to deal with the existing problems of getting rid our problems of getting rid of our garbage could best be addressed jointly, rather than each town having to finance, and to conclude the necessities on an individual basis, and we had a resolution to that effect today, and~ I think there will be additional explorations, and reaching out to these to~tns, so that we can deal with these problems in a cost effective manner. If there are no further comments I'd welcome a motion to adjourn. Thank you for, being with us tonight. Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED the the Town Board meeting be and hereby adjourned at 5:35 P.M. Vote of the Town Board: Ayes: Justice Evans. Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Judith T. Terry Southold Town Clerk