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HomeMy WebLinkAboutTB-10/18/1994129 SOUTHOLD TOWN BOARD OCTOBER 18, 199~, WORK SESSION Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie (10:45 A.M.), Councilman Joseph L. Townsend, Jr., Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury P. Dowd. 9:15 A.M. Carol and Edward Worth met with the Town Board to request permission to temporarily place a house trailer on their property at Baldwin Place and Strohson Road, Cutchogue, to serve as living quarters while they build a new home on the property. They expect to begin construction about November 15th, and would hopefully only need the trailer for six months (see resolution no. 23). 9:20 A.M. - Town Board reviewed a request from John Sullivan, Chairman of the Board of Assessment Review, requesting an increase in the total compensaton of the BAR for 1994. The Board agreed they would relook at the formula of compensation while working on the 1995 Budget. 9:30 A.M. - John Congdon, representing Wright Risk Management Company, Inc., made a presentation to the Town Board on providin9 Property and Liability insurance for the Town of Southold through NYMIR - New York Municipal Insurance Reciprocal- a nonprofit, tax-exempt licensed insurance company owned by its subscribers who are New York State counties, towns, villages and district corporations. NYMIR provides custom tailored municipal property and liability coverage at significant savings, and through its Board of Governors, NYMIR also enables local 9overnments to exercise substantive control over coverages, claims policy, investments and other integral elements of the program. Followin9 the presentation the Town Board agreed Councilman Townsend, Senior Accountant Cushman, who was in attendance during this presentation, and the Town's Insurance Consultant William F. Mullen, Jr. would meet and review Wright Risk Management's proposal for Southold Town. 10:15 A.M. Town Board discussed the proposed Ethics Code Financial Disclosure Statement, and concluded that the best way to handle the statement and proposed amendments to the code itself, would be to hold a special work session and invite all interested elected officials and department heads to join them and participate in the discussion. 7:30 P.M., October 26th was set for this meeting.----Data Control Supervisor Jeanne Ruland joined the Board for a discussion concerning a grant applica- tion request from the Justice Court. They are applying to the New York State Division of Criminal Justice Services for a Local Court Automation Project which would enable the Justice Court to obtain accurate criminal records of individuals through computer access without the intervention of outside agencies. Board agreed to the request and placed on a resolution (no. 27) on the agenda authorizing the Supervisor to execute the grant application. 10:35 A.M, - Solid Waste Issues: Discussed a memorandum from Solid Waste Coordinator Bunchuck informing the Town Board that the program for distribution of Town Garbage Bags for merchants from Town Hall has been found to be ineffective and costly, due to the fact it has been utilized by very few merchants. Board agreed to discontinue (resolution no. 28).----Discussion of Landfill closure costs with regard to the Solid Waste Management District. Justice Evans brought to the Town Board's attention the Interim Agreement between the Town and the Fishers Island Garbage and Refuse District. This agreement specifically stated that all costs associated with the site maintenance, closure and capping of the Fishers Island Metal Dump would be assessed on a townwide basis, including Fishers Island. And the District will assume fuli managerial and financial responsibility for the maintenance and closure of the Landfill, including fines, costs or penalties assessed by a court of any State or Federal agency. At the conclusion of the discussion the Town Board agreed with Justice Evans' assessment of the Town/District responsibilities.----Tom Maher, P.E., Vice President of Dvirka and Bartilucci Consulting Engineers, met with the Town Board to discuss ~ his firms proposal for services with regard to the Landfill Closure Investigation field program (see resolution no. 29). Also in attendance during this discussion and the next discussion was Solid Waste Coordinator Bunchuck.----The Board next met with John D. Cameron, Jr., P.E., President of Omni-East End, Inc. Mr. Cameron submitted a pricing proposal to the Town of Southold for long-term solid waste management services, the pricing structure of~which is the same as offered to and accepted by the Town of Southampton.~ He envisions both Southold and Southampton accessing his facility, a composting plant to be constructed in Calverton, through an intermunicipal agreement with the Town of Riverhead, which is presently under long-term contract with East End. Omni is permitted and prepared to go forward with construction of their state-of-the-art recycling and composting facility in Calverton. Their proposal to Southold Town is $74.95 per ton delivered to Calverton, for a total of 10,000 tons guaranteed~ Following the discussion with Mr. Cameron the Town Board asked Councilwoman Hussie if she would convene a meeting of the Solid Waste Task Force to look at the proposal and make a recommendation to the Town Board.--Another solid waste discussion was led by Town Attorney Dowd with regard to the Fishers Island Metal Dump. Town Attorney Dowd advised that the DEC requires the Town to either prepare a closure plan or submit the specifications for review. The unanimous decision was to submit the specifications for review. A final engineering decision was made to go to bid on a lump sum contract, but separate out the hazardous waste at a per ton basis. Supervisor Wickham will ask Fagan Engineering to submit an estimate for revising the specifications.----Lastly, the Town Board discussed a lease of the equipment at the Cutchogue Transfer Station from the Town to the District. Joining this discussion was Solid Waste Coordinator Bunchuck and Senior Accountant Cushman. The Board placed a resolution on the agenda to put the lease into effect immediately (no.30), as well as a second resolution to convey the land and improvements at the' -Disposal Area to the Solid Waste Management District (no. 31). 12:25 P.M. - Recess for lunch. 1:50 P.M. Steve Ridler, Department of State, Coastal Management Program, met with the Town Board to discuss the steps necessary for completion of the Town's draft of the Local Waterfront Revitalization Program. Also in attendance was Town Trustee President Albert Krupski, Jr. The Town has received two grants of $25,000 each, for a Harbor Management Program and a Coastal Erosion Shoreline Program. Mr. Ridler advised the Town Board to seek RFP's for consulting services so the Town can moved forward with the studies. Trustee President Krupski told the Town Board that inasmuch as the Trustees administer the Coastal Erosion Law, the study is most urgent. 2:30 P.M. Town Board reviewed the amended proposed Local /aw in Relation to Wineries and placed a resolution on the agenda (no. 32) to transmit it to the Southold Town Planning Board and Suffolk County Department of Planning for recommendations and reports. ~ 2:40 P.M. Supervisor Wickham informed the Town Board that Joe Gold, who has been representing him at CAST Board meetings, has notified him that he will no longer be able .to fulfill that obligation. Supervisor Wickham sought a replacement from the Board members, and if there anyone is interested they should contact him. CAST monthly Board of Directors' meeting is the second Thursday of the month.----Supervisor~ . Wickham stated that CAST would like a monetary contribution from the Town for youth activities. Objection was expressed by Councilpeople Hussie, Lizewski and Evans. Supervisor Wickham said he would like to extend an invitation to CAST for a presentation on their requirement for the requested funds for youth activities.---- Councilman Townsend submitted a proposal to the Town Board for the creation of a Southold Town Activities Scholarship Program which would allow young people of limited OCTOBER 18, 1994 means to participate in the many activities now available in Southold Town and that will support these activities through increased membership.~ He proposed the eligibility be based on Section 8 "Very Low Income" guidelines. Administration of the program would be through the Southold Town Recreation Department. Initial funding would come from money budgeted by the Town for the Youth Bureau, and additional funding would come from a consortium of local service clubs. Overview of the program would be by the Youth Support Committee. After considerable discussion on the concept of the program, Board members agreed (resolution no. 33) that the program would be for Town Recreation programs only, and allocated a sum not to exceed $5,000. If service clubs wish to participate at a later date, the Town would not be in a position to object if their money went to outside activities. Before the program is initiated, guidelines will be created by the Youth Support Committee for formal Town Board approval. 3:30 P.M. - Supervisor Wickham briefed the Town Board on: Memorandum from Town Attorney Dowd stating that under the current town code, the review for special exceptions and site plan review cover the same ground, and many uses are now required to have both reviews. Board agreed this should be referred to the Code Review Committee.----Creation/merger of lots also referred to Code Committee.---- Supervisor's proposal for a meeting between the Town Board and Greenport Village Board here at Town Hall to discuss scavenger waste plant, police, Geier proposal for annexation, public water and the role of the Suffolk County Water Authority, the proposed Harbor Walk and Flounder Fish'Hatche~y in the Village, and any other items of mutual interest. 3:50 P.M. - Town Board reviewed the resolutions to be voted on at the 7:30 P.M. Regular Meeting. EXECUTIVE SESSION 4:D5 P.M. On motion of Supervisor Wickham, seconded by Councilman Lizewski, it was Resolved that the Town Board enter into Executive Session to discuss personnel contracts, and negotiations. ~/ote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd. 4:40 P.M. - Work Session adjourned. 132 REGULAR MEETING A Regular Meetin9 of the Southold Town Board was held on October 18, 1994 ,at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wickham opened the meeting at 7:30 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 Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $86,680.69; General Fund Part Town bills in the amount of $72,215.50; Nutrition "Fund bills in the amount of $4,369.70; Adult Day Care bills in the amount of $1,952./~0; SNAP Program bills in the amount of $255.98; Community Developement Fund bills in the amount of $7,389.40; Highway Fund Whole Town bills in the amount of $23,735.87; Highway Department bills in the amount of $50,598.18; Employee Health Benefit Plan bills in the amount of $9,216.79; Fishers Island Ferry District bills in the amount of $9,478.79; Refuse & Garbage District bills in the amount of $176,613.86; Southold Wastewater District bills in the amount $17,773.34; Fishers Island Sewer District bills in the amount of $103.52; Fishers Island Ferry District Agency & Trust bills in the amount of $851.32. 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 Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the October 4, 199~, Town Board meeting 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. Moved by Councilwoman Oliva, seconded by Justice Evans, .it was RESOLVED that the next regular meetin9 of the Southold Town Board will be at 4:30 P.M., Tuesday, November .1, 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: I think you all have copies of the agenda out there.. We've had a very busy day today, beginning at 9:00 o'clock this morning with a series of discussions through the Work Session this morning and the afternoon, and this is the public session where we consider taking up resolutions stemming from that discussion period. It's the recent practice of the Board to summarize some of the things, that were discussed during the Work Session, and if you turn to the last page of the agenda, the order of business, '1'11 just summarize a few of them, which are not on for resolution today. There are some things, that were taken up, that are not followed by with a particular resolution on tonight's agenda. At 10:00 o'clock this morning we had a discussion about the proposed Ethics Code. We have before the Board a draft page for disclosure of financial interests, and that disclosure form has generated quite a bit of discussion on the part Of the Board, and we've scheduled a meeting next Wednesday of the whole Board, a special meeting of the Board, to take that up in more detail, and to try to get through all aspects of the Ethics Code draft, that's before us. At 10:15, we had a discussion on a proposed access to CRIMENET. CRIMENET is a computer software available from Albany, that would our Justice Court to pull up on their computer screens records of people who are arraigned, and brought into the Justice Court, similarly to the way the Police can call up, or the Justice Division can call up, people with motor vehicle violations on their licenses. You'd be able to look at criminals, or prospective criminals records, and make a more efficient Justice system, be able to not have wait through a long period of consideration, as to all the details, and all the information, that it normally takes. At 10:30 and 10:45 we took up several other matters to do with Solid Waste, which are on for resolution tonight. At 11:00 o'clock we had a discussion from Omni regarding a solid waste proposal. Omni, you may know, is planning to build a compost facility in Calverton. Their proposal is that the Town of Southold would join with Riverhead, and Southampton, and Brookhaven now, as prospective towns that would send some of our municipal solid waste for garbage to that facility. So, they had a proposal for us, which we considered at some length, .and forwarded it on to the Solid Waste Task Force for a recommendation from our Task Force. Eleven-fifteen or there about, we had a lengthy discussion as to how to petition, and how to pay the costs of getting your garbage between the solid waste district, which as you must know, is a taxing district within the Town of Southold, that includes basically all of the Town, including Greenport, exclusive of Fishers Island. Up until now, the legal costs of settlement of the litigation that we've had, and the capping and closure of our landfills, has been financed from the Whole Town Budget, which includes Fishers Island. Are discussions this morning led to a distinction, and putting in either the Solid Waste District specifically here, on the North Fork, to pay those costs associated with the Cutchogue Landfill, rather than from the Whole Town Budget, which would have resulted in people of Fishers Island paying some of those costs, even though they get no benefit from our Landfill here. Eleven-forty-five we had a discussion for about the third or~ fourth consecutive time on the specifications for how we're going to clean up the Metal Dump on Fishers Island, and I think, maybe, that's about the end of it. Turning to the afternoon, just I'd like to mention very briefly, at 1:45 the discussion on two modest grants, that the Town of Southold has received from New York State 9overnment in Albany, dealing with the Waterfi~ont Revitalization Program' Two veryspecific' ' studies,' each one should" take about six or seven months, for which the Town is being provided with $25,000.00 to conduct those studies. On of them is a so-called Harbor Management Study, a study of Mattituck Inlet, and some of the other inlets, as in the Town creeks, in ways that Will permit the development of those inlets, and ways that don't contaminate, or jeopardize the cleanliness' of the waters for clamming or shellfishing. The other Study is a study Of Coastal erosion primarily along the Sound. As you probably know there :iS quite a bit of little drift in the Sound,, the, resulting loss of quite a bit of sand in front of a number of people's, homes, and the question is, what is an appropriate policy for the Town of Southold to deal with this question? What kind. of hardening, and beach 'structures shOu d we encourage, where should they be place, how should the Town address these QUestions? Another $20,000.00 grant from the State to, assist the Town in ~addressin9 these questions. Both these questions would be part of our Waterfront Revitalization Program, which the Town has been making a lot of work on, and with the assistance of Ruth Oliva here, I think you'll be hearing more about: it in coming months, as we pull together a series of policies of the town dealing with' our waterfront. Lots of other things, that the Town Board discussed during the Work Session, but I think most of them were covered in the resolutions that we're taking up tonight; and 'won't take any more time. ~ I. REPORTS. 1. Southold Town Community Development Monthly Report September, 1994. 2. Southold Town Justice Tedeschi's Monthly Court Report September, 1994. 3. Southold Town Clerk's Monthly Report for September, 1994. 4. Lawrence Healthcare PBA Benefit Monthly Report for 1994. for for September. 5. Lawrence Healthcare Town Benefit Monthiy Report for September, 1994. 6. Southold Town Justice Evan's Monthly Court Report for September, 1994. 7. Southold Town Scavenger Waste Treatment Facility Monthly Report for September, 1994. Southold Town Recreation Department Monthly Report for September, 1994. 9. 1994. 10. 1994. 11. Southold Town Supervisor's Monthly Budget Report for September, Southold Southold Police Department Monthly Report for September, Southold Town Planning Board Monthly Reports for July, August, and September, 1994. 12. Southold Town Trustees Monthly Report for September, 1994. II. PUBLIC NOTICES. 1. U.S Nuclear Regulatory Commission, Region I, Notice of Significant Meetin9 at 10:00 A.M., Friday, October 21, 1994, in the DRP Conference Room, Region I Office, King of Prussia, Pa.to discuss violations by Northeast Nuclear Energy Company, Millstone Station. 2. New York State Department of Environmental Conservation, Notice of Complete Application of Anthony Mr. Petrill to construct a single family dwelling with deck on East End Road, Fishers Island, New York. Comments to be received by November 14, 1994. III. COMMUNICATIONS. 1. Robert E. Holley, of the Peconic Bay Homeowners Association to Supervisor Wickham to express appreciation of meeting with them in reference to various requests. 2. Residents of Peconic Lane with thanks for removal of pay phone in front of the Recreation Center. IV. PUBLIC HEARINGS. 1. 8:00 P.M., on a proposed "Local Law in Relation to Parking Permits". 2. 8:02 P.M., on a proposed "Local Law in Relation to Landfill Permits". 3. 8:05 P.M., on a proposed "Local Law in Relation to Parking of Vehicles". V. RESOLUTIONS. SUPERVISOR WICKHAM: We have before us a series of resolutions to take up. Before we do that it is the right of anyone in the audience to address the Town Board on any matter related to these particular resolutions. Is there anyone who would like to address the Board on that? DAVID CORWIN: My name is David Corwin, and I'd llke to address you concerning Resolution #19. Resolved that the Town has no object to the proposed sale of the Cove Condominium in Bayview to the Suffolk County Water Authority, and supports it for the reasons discussed by the Board. I don't think that's exactly what you meant, or mean to say, in that resolution. I think what you're trying to say is that you are going to tell the Water Authority you have no objection to their coming in, and operating the Cove water system. Am I correct on that? TOWN CLERK TERRY: That is correct. That was apparently incorrectly entered in the agenda, but the resolution is corrected. DAVID CORWIN: That was not on the order of business. You did briefly discuss it at the very end, and because I was just hanging in there to see what goes on in Town Board, I picked up on this resolution, and this in the Village of Greenport water franchise district, which I think you all know, and what happened there was, let's go back, maybe four years, maybe six years ago, the developers of that condominium unit came into the Village of Greenport, and said, would you run the water system for us? The Village of Greenport said, yes, weql run the water system. It's a very small water system. I think it has two pumps, that runs sixty gallons per minute. I'm not sure what happened. Apparently, the developer went bankrupt. I'm not sure but he owed the Village of Greenport a large sum of money. That's why the Village of Greenport stopped service to that complex. They owed money. What else could they do? They couldn't get their money any other way. They certainly couldn't put it on the tax bills like they can in the Incorporated Village of Greenport. I don't know if the Village of Greenport got any money from the sale, the recent sale of this condominium, got a settlement on what they were owed, or not, but I do believe that the Village wrote a letter to the Suffolk County Water Authority indicating to them that the Cove Condlminlums were in the Village's franchise. The Village owns the pipeline. There's a water main that runs between, I guess, it's the Cove and is it Angel Shores? There is a water pipeline, that runs in. It's owned by the Village of Greenport. The two pumps~ I think, are owned by the developer, or whoever succeeded the developer. I don't think it's proper for you to tell the Suffolk County Water Authority to come into the Village franchise district, which is in effect what you're telling us. Now, the Village may not want to carry on this Cove Condominium, but I don't know, but I think you should have a dialogue with the Village, and say, get their input, see what's going to happen before you vote on this resolution. You discussed briefly at the ending of the Work Session today talking to the Village, having another joint meeting, which i think is great. I think there's got to be more dialogue between the Town and the Village. You mentioned you were going to discuss water. I think this is one of the items you should discuss before you go ahead, and say you weren't opposed to the sale, and apparently the reason you have to do this is, because the Suffolk County Legislature has to have a resolutlon allowing the Wa~er Authority to go in there, and nobody wants to introduce a resolution until the Town says, it's fine by us, and, again, until you go to the Village of Greenport who has the franchise, incidentally, when the Village of Greenport took over the old North Fork Water Company, I believe it was back in the '60's, Which were the water mains in Southold here, the North Fork Water Company had the franchise for the whole Town of Southold, not just Suffolk County. So, in my mind I question whether the Water Authority even has the right to come in as they did, and start up in Mattltuck, or Laurel, because at one time the North Fork Water Company had the whole franchise for everything west of the Village of Greenport. So, again, to sum up, before you vote on this, I would say table it, have a discussion with the Village of Greenport. Maybe they're going to say to you, hey, we don't want it, go ahead, bring the Water Authority in. I just want to make one comment on the Water Authority. They're coming in like a lamb. They're saying we're not going to do anything unless the Town wants us to do, but let me tell you, I've dealt with the Water Authority on engineering projects, they are a big bureaucracy, they're here to supply water, they want to supply water, and I guess what you could say is once the genie is out of the bottle, the Water Authority is going to go full blast through the Town. They're going to hook up to the pine barrens on Riverhead-Center Moriches Road, and it's going to be all the water wantS, and maybe, that's a good thing. Maybe, that's what you people want, but before you let the g n~e out of the bottle, I would suggest you should know .exactly what you want, because the Water Authority is in business of supplying water to people. That's what they want to do. That's where the political appointments come from. So, I say to you, be careful with the Suffolk County Authority. SUPERVISOR WICKHAM: Is there anyone else in the audience, who would like to address the Board on any matter to be taken up among the resolutions? Yes, sir? FRANK BARUTO: My name is Frank Baruto, and I'm in Southold. I don't knoW w'l~ether to have a discussion, or any argument with you, Mr. Wickham, and it's about the garbage bags. You spoke to me about it several times, and it's my belief that nothing is going to done about the bags, and I wonder why. Would you like to reply, as to what you might do on that? SUPERVISOR WICKHAM: What we might, or might not do about the garbage bags isn't really on for resolution tonight, but I think there is a resolution actually dealing with garbage bags, so I'll take the opportunity to say, I think the issue that you've raised with me several times is isn't there a way that the Town could reduce the cost of the bags, or remove them all together? Isn't that right? Indeed, I had hoped all year, that there would be a way that we reduce those costs, because I have felt they 136 ocToBEr. were too high, but, I believe in the principle of the garbage bags. In fact, it was I, as much as anybody, who brought that principle to the town, and saw that it was carried out. I had hoped there would be way that we could reduce those costs. When I discovered the tax implications of the 1995, and the conclusion, that with only a 1.9% increase spending in the Town, it leverage out to a 12.4% increase in taxes, I just didn't feel that it would be prudent, or in any way proper to reduce the cost of the bags, which would have resulted in an even higher tax rate. So, it seemed to me, that in my proposed budget for 1995, we would keep the price of the bags at the same level they are now. FRANK BARUTO: It's not the price of the bags alone. It's the problem of the bags, why do we have to have the damn things in the first place? SUPERVISOR WICKHAM: The reason for having them is to finance how we're removing garbage in a reasonably fair, and equitable way. FRANK BARUTO: I've got a better idea. Why can't we use our own -bags. I already discussed this with Scott Harris before he left us. He asked me, what would you rather do, pay more taxes? I said, yes. That would be better than having to worry about these darn bags. They're a lot of trouble. I have trouble opening them up, and putting garbage in them, and everything else. First of all, why can't we use our own bags? Why do we have to go out, and but them in the first place? SUPERVISOR WICKHAM: There are other alternatives. alternatives is to use your own bags, and have a tag system. FRANK BARUTO: Right~ I suggested that. One of the SUPERVISOR WICKHAM: I'm with you on that, and I also proposed it, but the rest of the Board at that time did not agree with it. We might revisit that question. If you think that's a good idea, I'm prepared to review it, again, within the Board, and continue same concept, but instead of yellow bags, we could have tags to be affixed to the bags, and they could basically have the same effect. We could take that up, but I have no assurance how the Board is going to go with it, but there's no reason we couldn't consider it. FRANK BARUTO: Well, I think something should be done, because the garbage thing has been a pain in the neck ever since it started. I don't know why we have allowed this DEC, or whoever it is, that has prevented us from using our own land, and putting garbage in the land, that we have. I don't know why we have to suffer all this nonsense. First of all, second of all, whatever, it was supposed to alleviate the tax problem. Now I understand we're going to have another tax. What was the point? We have a tax every year, every two years. It's got to step somewhere, and if the bags aren't doing, and then the costs that is involve to have it shipped out, I would say we should do something about our garbage right in this town, never mind shipping it out. I think it's ridiculous, the whole set up. Somebody's making money. I don't mean you, or anybody here, but these companies, that are receiving the garbage, and nothing is going to stop them from asking for double the next time, next year, two years. It will never end. SUPERVISOR WICKHAM: . I would be glad to introduce consideration on the Board about changing from a bag system to a tag system. I'm not sure where to go, but I'd glad to introduce some discussion about that in the coming weeks. FRANK BARUTO: Either that, or add it on the taxes. Don't give us any other new taxes. We have enough. That's all. SUPERVISOR WICKHAM: Is there anyone else, who would like to address the Board? FRANK CARLIN: Frank Carlin, Laurel. I don't know what resolution it was, but what you were reading on the back here before we started about the composting plant in Calverton, OMNI? TOWN CLERK TERRY: There is no resolution for it. FRANK CARLIN: I know, but said about forming a committee to study about Southold going in with it? SUPERVISOR WICKHAM: There is a Solid Waste Task Force, which has been in existence now for some four years, and we are asking the Task Force to have a look at that proposal, and make a recommendation to the Board. FRANK CARLIN: So, there will be another task force? SUPERVISOR WICKHAM: The Task Force already exists. It's been there for four plus years. FRANK CARLIN: It's time to get to the point. It's come down to the nitty-gritty of this thing, when it comes to deciding to go in, I think the Board should decide, and not all these committees to confuse you, llke the Task Force we got here. Resolution 11 and 12, public hearings on signs, and the one on lighting, you've going to have another public hearing signs and lighting, again? TOWN CLERK TERRY: We never had one. FRANK CARLIN: What did we have here two months ago, when the place was full here about signs? COUNCILWOMAN OLIVA: An informational meeting. FRANK CARLIN: Oh, a informational meeting, now we got a public hearing. I tell you, to solve this here problem here, if you're wondering about the Riverhead garbage system is, and operated the way they do, we wouldn't have no problem. I tell you, pay one fee a year, and have everything picked up, you wouldn't have all this problem we got now, and it would cost you practically the same, or even less. COUNCILWOMAN OLIVA: It would cost you a lot. FRANK CARLIN: Why we have the yellow bag system, I agree with him, it stinks. SUPERVISOR WICKHAM: address the Board? Thank you, Mr. Carlin. Anyone else like to PAUL SZPARA: Paul Szpara from Mattituck. Number three, resolution number 3, for attend a seminar in Wordperfect shortcuts, I'm just curious about that. How much that's going to cost, because there are other ways. If it's a free seminar. SUPERVISOR WICKHAM: I'm not certain, but I think it's $150.00 to attend. PAUL SZPARA: Even at that, that's with my experience with Wordperfect, and other different software programs tike that, especially word processing, and Wordperfect, is, one just this month P.C. Computing, or one of those, I forget which one, came out with those shortcuts in the magazine. I have it at home, especially for outlining various other things. The other thing, those magazines offer vidoe tapes, that you can purchase, and that will be in-house, that can be constantly used, and they're only about forty-five bucks. Then they are always around. I know once you usually purchase a video from them, and usually it's put out by the companies themselves, that anytime there's any kind of upgrade, or something, they also offer that to you at a discount, at a discounted price. Shortcuts in Wordperfect, one I don't particularly care of Wordperfect, I have both programs. I like another one instead, but if Southold Town is going to go with Wordperfect, there's not that many shortcuts offered. There are some in the outlying mode, and different things. I don't think it warrants that price, just for one person to go, unless that person is going to be the resource for other people. I would rather see a video tape here, because you go these seminars, and yes, they provide you with the information, they have a nice presentation, but unfortunately, any of that stuff, you know, is a hands on thing. It's nice to have a little manual, or a tape, and Practice as you're going through on computer terminals. I can bring in magazines tomorrow for you. It's right there, and it's self-explanatory in the magazine, and it offers a resource for the person to actually play right then, and there. One hundred and fifty dollars seems like an awful lot of money. SUPERVISOR WICKHAM: Thank you. Anyone else, who would like to address the Board on any matter to be taken up in the resolutions? (No response.) If not, I can begin the first one. 1.-Moved by Supervisor Wickham, seconded by Councilwoman Ol|va, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to submit the 1995 Individual Program application to the Suffolk County Youth Bureau for a $10,000 grant for the Southold Town Youth Service Program. .-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 Supervisor Thomas Wickham to submit the 1995 Individual Program Application to the Suffolk County Youth Bureau for the Southold Town Juvenile Aide Bureau Program. 2. -Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman LizeWskl, Supervisor Wickham. This resolution was duly 'ADOPTED. 3.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Data Control Supervisor Jeanne Ruland to attend the seminar entitled, "Wordperfect Shortcuts", presented by the American Management Association, on December 5, 199it, from 9:00 A.M. to It:00 P.M., at Smithtown, N.Y., and the necessary expenses for registration, and transportation, using a Town Vehicle, shall be legal charge to the Central Data Processing 199it Budget. COUNCILMAN TOWNSEND: I think given the fact that there may some audio visual tapes, we ought to authorize her to do, but, you know, this goes on in December, so she'll have a chance to review it. She basically instructs everybody in Town, so I imagine what she'll be doing is reviewing what she has learned with all the other people that use the same program in town. But, I think it's worthwhile looking into the video. TOWN CLERK TERRY: It may be part of the package. 3.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman OI.iva, Councilman Townsend, Councilwoman Hussie, Councilman Lizew'ski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: Number four we're holding for tonight, a resolution transferring funds for placement in an account for NYS-DEC environmental compliance. 5--Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund Whole Town 199it Budget to provide appropriation for additional expenses for Fagan Engineering for the Fishers Island Metal Dump closure activities: To: A8160.it Refuse & Garbage, ContractUal Expenses $ It,300.00 From: A9901.9 Transfers to Other Funds $ 4,300.00 5.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oljva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. Thls resolution was duly ADOPTED'. 6.-Moved by Justice Evans, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to endorse a two-party check in the amount of $25,000.00, as part of the New York State Affordable Housing Grant for Southold Villas, Section II; an on-going program which has been funded by the New York State Affordable Housing Corporation. 6.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Su pervis~r Wickham. This resolution was duly ADOPTED. 7.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a Contract Budget Modification Request from the Suffolk County Office for the Aging, for the Southold Town Nutriti'on Program budget contained in the agreement of 1/1/9~.-12/31/9t1., which modification results 'n a zero net change. 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 Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Lawrence Healthcare Administrative Services, Inc. to pay the Eastern Long Island Hospital medlca' bill for a dependant of Town of Southold employee Michael Gaydosik, which claim was received more than 90 days after the date of service. 8.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, 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 Parking at Wilderness Point"; now, therefore, be it RESOLVED that the Town Board hereby sets 5:00 P.M., Tuesday, November 1, 199L~, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Parking at Wilderness Point BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 65 (Parking at Beaches) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 65~3A(A) is hereby amended as follows: A. The use of Race pOint --~ '~:'~ ...................... as a recreational arcas area on Fishers Island by persons other than residents has increased to such an extent that such ~ ~- ........ ve area has 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 Southold to restrict and regulate the parking of vehicles at Race Point, located at the southwesternmost tip of Fishers Island; II. This Local Law shall take effect upon its filing with the Secretary of State. * Underline indicates addition. ** Strikethrough indicates deletion. 9.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 140 OCTOBER 18, 1994 10,-Moved by Councilman Lizewski, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 6th day of September, 199tt, a proposed Local Law entitled, "A Local Law iD Relation to Bed and Breakfast Facilities"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports, 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, November 15, 1994, Southold Town Hall, Main Road, Southold, New York, for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Bed & Breakfast Facilities 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~' INTENT: The intent of this ordinance is to provide B&Bs as an important housing base for our tourist industry while maintianing the residential integrity of our communities. This section provides clear criteria for B&B approval and establishes a simplified permitting process. 1. Section 100-13 (Definitions) is hereby amended as follows: BED-AND-BREAKFAST, MAJOR - The renting of at least three (3) rooms but not more than five (5) rooms in an owner-occupied dwellinq for lodging and serving of breakfast to not more than two (2) casual, transient roomers per room, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling. BED-AND-BREAKFAST, MINOR - The renting of less than three (3) rooms in an owner-occupied dwellin9 for lodging and servin9 of breakfast to not more than two (2) casual transient roomers per room, provided that the rentin9 of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling. 2. Section 100-31A(Lt) is hereby added to read as follows: A minor bed-and-breakfast holding a bed-and-breakfast permit issued by the Building Inspector. Said permit shall be issued for a term of one year and shall be renewed every year thereafter if the following conditions are met: (a) A smoke alarm shall be provided on each floor and in every guest room; (b) The dwelling shall have at least two (2) exits and t~here shall be a window large enough for emergency egress in each guest room; (c) The identification sign shall be no larger than two (2) square feet; . . (d) No accessory apartment, as authorized by § 100-31B (14) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (e) Notice Requirement for Initial Permit Issuance: The applicant shall mail notice of the proposed use to all adjacent property owners thirty (30) days prior to issuance of a permit and shall give the Building Department proof of mailing such notice by certified mai'l, return receipt requested. If the Building Department receives a written protest regarding permit issuance, the Building Department will refer the application to the Zoning Board of Appeals, who shall evaluate the project in the same manner as a maior bed-and-breakfast and if approved, shall authorize the Building Inspector to issue a permit. If no protest is received within thirty (30) days, a permit may be issued if the specified conditions have. been met. 3. Section 100,31B(15) is hereby amended to read aS follOws: ~a~--~a~e ef~-~t-r~e~- ISa¢~m~j- slma~s- shs+l- ~ l~rid~'~d- f~sr su~4~- ren~ed-reenvs- i~ ad~i~N~r¢ bm ImafA~in~j- ~B~--No- accesser¥-apat-'~men'c-,-~ as au~ho~+z~ed ~O~-g~B-(-t4~)- hei-mof7 sha+F be-p~rrni'~t~d ~rr or (15) A major bed-and-breakfast shall be allowed if it obtains a bed-and-breakfast permit subject to the conditions set forth in §100~31A(4), and if it obtains a special exception approval from the Zoning Board-of Appeals. The use shall not require site plan approval. In granting a special exception the ZBA shall consider the following: a. Adequate screening should be provided. b. Health Department approval. Whether the proposed bed-and-breakfast will be compatible with its surroundings and with the character of neighbOrhood and of the community in general, particularly with regard to visibility, scale and overall appearance. Adequate off-street parking spaces shall be provided for such rented rooms in addition to parking spaces for the us~ of the familY of the owner. Section 100-42A(3) is hereby added to read as follows: (3) Minor bed-and-breakfast subject to the requirements of §100-31A(4). 5. Section 100-~2B(3)is hereby amended to read as follows: (3) Major bed-and-breakfast uses as set forth in and regulated by §100-31B(15), without site'plan approval. 6. Section 100-61B(5) is hereby amended to read as follows: (5) Maior bed-and-breakfast uses as set forth in and as regulated by §100-31B(15), without site plan approval. 7. Section 100-71A(4) is hereby added to read as follows: (4) Minor bed-and-breakfast uses subiect to the requirements of §100-31A(~). Section 100-71B(4) is hereby amended to read as follows: (4) Major bed-and-breakfast uses as set~ forth in and regulated by ,.~100-31B(15), except that no site plan approval is required. Section 100-91A(1) is hereby amended to read as follows: (1) Any permitted use set forth in and regulated by §100-31A(1), (3) and (4) of the AgriCultural-Conservation District. 10. Section 100,91B(5) is hereby amended to read as follows: Major bed-and-breakfast enterprises or boarding and/or tourist homes as set forth and regulated by §100~61B(5) of the Resort Residential (RR) District,. except that no site plan' approval is required. 11. Section 100-101A(1) is hereby amended to read as: follows: (1) Any permitted use set forth in and regulated by §100-31A(1), (3) and .(4) of the Ag?iculturaI-Conservation District. 12. Section 100-10lB(3) is hereby amended to read as follows: Major bed-and-breakfast enterprises or boarding and/oE.tourist homes as set forth in and regulated by §100-31B(15) of the Agricultural-Conservation District, except that no site plan approval is required. 13. Section 100-131B(13) is hereby deleted in its entirety. 1~. Section 100-131B(1~) is hereby renumbered 100-131B(13). 15. Sect[on 100-141B(2) is hereby deleted in its entirety. (S~--I~ed--and-lmr~a~f~s~. u~s-as se~ f~mt~ i~ and-as ,egt~lat~--c{ ~ ~08-3 ~ B T(-I~J-)-,- 13~ided- ~ha~ no-sPce- I~n ap~-i~- mectt~irecl=- 16. Section 100-1~1B(3) is hereby renumbered 100-141B(2). 17. Section 100-191A is hereby amended to read as follows: Type of Use Required Number of Parking Spaces Bed-and-breakfast enterprise Major or Minor 1 space per guest room in add- ition to residential requirements 18. Section 100-274E is hereby amended to read as follows: For applications for variances from Town Law §280-a [right-of-way),and for applications for a special exception for a bed and breakfast, the fee shall be ~w~-htrnd~ Fi~¥-ei~rl~r~- '($25e=)three hundred dollars ($300.) 19. Section 100-281J(1)(i) is hereby added to read as follows: Bed and breakfast permit and inspection: one hundred dol ars ($100.) for the initial annual permit and fifty dollars ($50.) per annual renewal. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions. ** Underscore represents additions. 10.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. COUNCILWOMAN HUSSIEs I disagree with this Code change, however, I do agree that the public should be heard. 11 .-'Moved by Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 6th day of September, 1994, a proposed Local Law entitled, "A Local Law in Relation to Signs"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendation and reports, 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;05 P.M., Tuesday, November 15, 1994, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Signs BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter t00 (Zoning) of the Code of tbs Town of Southold is hereby - amended as follows: INTENT - This ordinance is intended to organize and simplify the existing sign cOde to limit sign lighting and size, and to permit roof signs, directional signs, contractor signs and subdivision signs. This ordi- nance is adopted pursuant to the Town's police power. Section 100-13 (Definitions) is hereby amended by adding thereto the following: OFF-PREMISE SIGN - Any sign that identifies, advertises or calls attention to a business or activity taking place on property other than the premises on which the sign is located. Section 1'00-13 (Definitions) is hereby amended to read as follows: SIGN (1) AREA - Includes all faces of a sign, measured as follows: When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or out- line shall be included. (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area- within which all ef thc'matter ef ~.~hich sucL sign consists may be inscribed, that encompasses all the letter and s~mbols of the sign, together with the area of any background of a color or material different from the general finish of the buildinq, whether painted or applied. Section 100-31A(2)(a)(2) is hereby deleted in its entirety. 5o Section 100-31C(2)(h) is hereby deleted in its entirety. Sections 100-31C(2)(i) and (j) are hereby re-lettered (h) and i) Section 100-31C(9) is hereby deleted in its entirety. ticns hereinlfter s~t forth in Article Not ..more than t~.3o (2) ncni!!uminated namep!stes ccntaininw en!y names or prcfessicna! signs containing cn!y name and siena! office" au set forth in this chapter; each name plate and/or professional ~ign ~* · ...... ~ · .... ~o~ s~uarc feet in area. more than t;,:c (2) signs ,.,~·~ a combined tcta! arca el t~ ' ght /" "'~ ~ ~ ~= .... ~" t¥:enty-four (24) :quzrc foot i~ premises. 10. 11. 12. 13. ~ ~1~ ~=:~ ~+=+~ ~ ~+~ single- ~ double-faces ~* larger ~h=~ .,.,~.,~ ~o~ square ~ in size ~ any cnu (1) or moro lots, advertising thc ~a!e or lease of only lees than fifteen (!5) feet from any lot !inc. Whore acreage or a subdivision has a continuous frontage of fivu hundred (SOO) foot cr moro, said sign shall not t~-;cnty-four (2d) square feet in size. One (1) bu!!otin board or other announcement or i~entifi ~+~ o~ ~ ....... permitted in Section ~-~=~ /:~ (6) ,~ ~ ,o~ ~ +~ Assist!tufa! m~:~ not .... +h:~ eighteen (~) ....... ~* ~ ..... ~=~ not Section 100-31C(10) is hereby renumbered 100-31C(9). Section 100-42(C)(1) is hereby amended to read as follows: (i) Accessory uses as set forth in and regulated by Section 100- 31C(1) through (7) and (10) (9) of the Agreicultural-Conserva- tion District, and subject to conditions set forth in Section 100-33 thereof. Section 100-42(C)(2) is hereby deleted in its entirety. /o; ~ .... ~°~g ........ 'q ~ subject +~ ~ fc!!c;-:ing Section 100-42(C)(3) is hereby renumbered 100-42(C)(2). Section 100-6!(C)(2) is hereby deleted in its entirety. Conservation Di_~triot; ~, ~ +~ ~=~ ~ ~ ~+~1 resort, tourist c~mp, c'cuntry club, beach club, swim club cr tennis club, if the building is set back twenty-five (25) foot, ~rea ~ eighteen (~) square ~ m~l' ~ ..... ~++~ =+ the trance, set back a ~.inimum cf fifteen (15) feet from tho street line. Sections 100-61C(3) and (4) are hereby renumbered (2) and (4) con, secutively. Section 100-71(C)(2) is hereby deleted in its entirety. tions set forth in Article XX: net !lrgcr than twelve (!2) square feet in size cn any one /~ %r mcrc !crc, edvortising the sale or !czsc cf only age or a subdivision has a continuous frontage cf five ~+,,-~,, (24) ....... - ...... 14. Section 100-71(C)(3) is hereby renumbered 100-71(C)(2). 15. Section 100-81(C)(2) is herby deleted in its entirety. (2) Signs, subject te the fe!!owing requirements: t=~ = .... ~ .... ground signs: '.'~ ~ building is cot back twenty-five (25) feet or .... ~ ~ ~ ~-, __=.., s_..~ ............... not ..~ere ~ eighteen: {!8) square feet, the !ewer edge cf whic~ shell be not ........ ~-, .................... !ttachod to a t-;a!! er fence, and the upper edge cf ~ghich skgll noL from al! strect and property lines and shall advertise only the business conducted en the premises. As used this subsection, thc work "premises" shall mean .all con --= .... =--=---y -.. com~en ownership. t~-, Wall signs: eno (i) sign ......... ~ tc or incorporated in each building wall cna public street and advertising ....................................... =, provided h .......... foot ~ such (2) Exceed in width one hundred percent (100%) of tho horizontal measurement of such wall. (3) Exceed three (3) feet in he.ight. (4) Project .... +~ ..... ,~ ~+ ~ ....... ~ wall. 16. Section 100-9t(C)(2) and (3) are hereby deleted in their entirety. ness District. .(3) Directional or ~ .... ~ signs, ~ ..... m~ ~ .... square feet, ~.~hich ~ ............... ~-~= ~ ......... findg ~ ~ necessary to faci!itatc c~ ................ .... ~ ~o''~''~= ..... the district. 17. Section 100-101(C)(2) and (3) are hereby deleted in their entirety. of thc !imitcd Rusiness District. - ............. twenty-five (25) feet er mcrc from the street, eno (!) sign, . ~ .... ~'~-~, ~ .... than t] .... = ......................... twen '-fo~r ~ ~ -k .... the ground, unless attached tca wa! !or fence an be set back not less than fifteen ~%,-_, feet from all street mnd ...... ~'~ ~ ..... ~ ~k~]~ advertise only tho business conducted ....... - ................. t ........ word "premls .................... m .... r--r-r-= ............. ownership. 18. Section 100-101(C)(4) is hereby renumbered 100-101(C)(2). 19. Section 100-111(C)(2) is hereby deleted in its entirety. tu~,-, Signs, as ~ot forth in .... ~ regulated by -~ ....... !0Q-9!C(2) of the Limited ~usincss District. 20. Section 100-121(C)(2) is hereby deleted in its entirety. (2) Signs, =~ ~ ~+~ ..... fo .... in ~ ~g.~ by Section !00-~!C(2) of the Limited Rusiness District. 21. Sections 100-131(C)(2) and (3) are hereby deleted in their entirety. 8!C(2 = ...... Z-% .......... ,-=--~--- ,y Section 100 } (b) cf the Limited Busines~ n~rict ~4~a ~ ..... mum ...... .,~ ~ thirty t~n~,__, square .... ~+ in area. (3] Freestanding er ground sig~s as set forth in and regulated by 22. 23. 24. 25. 26. Sections 100-191(c)(4) through (11) hare hereby renumbered (2) through (9) consecutively. Sections 100-141(C)(2) and (3) are hereby deleted in their entirety. (2) Wall ci~n~ =-~ ~t fortk and as rc~u!gtcd by Section 100 ~1~(o), ~ of the ~+~ ~,~ .... District -- ~ m~xi .... ,b ................... , !imite~ +~ mum ~ thirty ~) squ~re ~+ ~ .... ,-, ............. W -- =---nd as sot forth in =-nd ag rc~u!=-tc-d Section 100-141(C)(4) is hereby renumbered 100-141(C)(2). Article XX (Signs), Section 100-20t(B) is hereby amended to read as follows: Except as otherwise provided in this chapter, signs shall not hereafter be erected, structurally altered, enlarged or moved or reconstructed within the Town unless a permit is obtained from the Building Inspector and payment of a required fee per sign in accordance with the Town of Southotd fee as specified in Subsection F below. (i) The following two (2) operations shall not be considered as creating a new sign and, therefore, shall not require a new sign permit: (a) Replacing copy: the changing of the name, advertis- ing or message on an approved sign. vzhich ig cpecifi ca!!y de~i~nc~ for thc uso cf rop!aceab!o copy. (b) Maintenance: painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change in configuration is made. (c) Movement of a sign farther from the right of way~ provided it meets all provisions of the building cod~ and Town Code and the Buildin~ Department is notified in advance. ,,( 2 } The following signs shall be exempt from the per~it re- quirement, but are subject to the other requirements of this cOde: (a) Contractor signs; (b) Real estate signs; Holiday lights and signs which are incidental and customary and commonly associated with any national, local or religious holiday,not to be displayed for mor~ than sixty {60) days in one year. Informational/directional signs. (e) Nameplates. Temporary interior signs Window signs coverin~ 10% or less of th~ window area. (h) ~on-profit organization directory signs. Section 100-201(D) is hereby amended to read as follows: The Building Inspector shall review the proposed sign and can approve, deny or condition a permit based on the provisions of this code. with rcs~cct tca!! ~a~ntitativc f~ctcru. The Planning Board may approve signs which differ from the quantitative requirements set forth in this Article in the site review process, provided that a finding is made that said sign or signs conform to the general design principles outlined in §100-202 hereof, and provided further that no sign shall violate the sign prohibitions and general restrictions listed in §100-203 herein. 27. Sections 100-201 (E) and (F) are hereby deleted in their entirety and a new subsection (E) is hereby added to read as follows: 29. 28. P!znning Eczrd, thc Building Inspector' cha!! icsuc a E. If the sign does not comply with the provisions of this code, -- 'application for a varianCe may be made to the Zoning Boar~ of Appeals. Section 160,202 (General design principles) is hereby amended to read as follows: Decisions .............. ......~ ..... ~ ~=..- by sign applicants shall be guided by the following general design principles: A. Signs should be a subordinate part of the streetscape. B. Signs should be as small as practicable. C. Signs should be as close to the ground as possible, consistent with required safety and legibility considerations. D. A sign should have an appropriate size relationship to the building upon which it is placed. Eo Whenever feasible, multiple signs should be combined into one (1) ~ign to avoid clutter. A sign should not impair the visual effectiveness of neighboring signs. G. Garish colors and materials should be avoided. Signs which have dark background colors and light letters are preferred in order to minimize the apparent size of signs within the streetscape. I. Generally, signs on the same building should be within the same horizontal band and be of a similar height. J. Except in carefully designed circumstances, signs should be integrated with~ fences, walls or buildings and not be freestanding. Sign material should be durable, requiring little maintenance; use of material such as corrugated plastic, natural aluminum, bulbous plastic letters, nontextured plastic and glass tile should be avoided. Section 100-203 (Prohibitions and general restrictions) is hereby amended to read as follows: Unless otherwise provided herein, nonaccessory signs, billboards, off premise signs and mobile signs shall be prohibited in all districts. Bo Flashing signs, including any sign or attraction device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use, are prohibited. Co Signs which compete for attention with or may be mistaken for a traffic signal are prohibited. No sign shall be erected in such a manner as to obstruct free and clear vision for drivers, interfere with, mislead or confuse traffic or be located'where, by reason of its position, shape or color, such sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the words "stop", "look" or any other word, phrase, symbol or character or red, green or amber illumination or reflection. D. Roof signc shall be prohibited. Balloons or other gas-filled figures shall be prohibited. Permanent exterior signs made out of cardboard, paper, canvas or similar impermanent material are prohibited. ~ ............. ~ro~d 2~c, ....... ~..~, ......... 7---= ~---, ~-- Vided, hcwever, that the illumination ~ha!! be concentrated Signs or attraction devices with visible moving, revolving or rotating parts, such as flags, banners or pennants, are prohibited. Except for holiday seasons or a period of fifteen (15) days from the date of a grand opening, no sign or part thereof shall consist of pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. Signs noting that a property has been sold are prohibited. NO portable or temporary sign shall be placed on the front face of any building or upon any lot, except as provided in ~100-205G herein. 30. K~J. No signs other than signs placed by agencies of the government shall be erected on any public property, unless consent is first obtained from the Building Department. No sign shall be placed on any private property without the consent of the OW.her thereof. No sign shall be placed or painted on any tree or rock. No sign shall be placed on any utility pole excepu ~for utility identification or similar purposes. Section 100-204 (~imitation conten~ or copy) is hereby amended ~o~ read as follows: Information displayed on signs shall be limited uo the name, address, logo, and nature of the business and products available or activity for which the building or premises Ls used. 31. Section 100-205 (Specific regulations) is hereby deleted in its entirety and a new Section 100-205 (Specific Signs) is hereby adopt- ed to read as follows: A-- Business center directory signs. The term "directory si~n" shall mean any sign containin:g a list of names of business establishments located within a business center. A business center means a s~te contain- ing multiple business uses sharing a common driveway. Each business center shall be allowed on the premises one (1) freestanding directory s~n in lieu of all other free- standing or ground signs, ~o be used for the purposes of identifying the business cen=er and the various business establishments located within the business cen=er where the sign is set back fifteen 115)feet from the street line. No brand name advertising of any sor~ shall be allowed on such sign. Said si~n shall nou exceed fifteen (15) feet in height, measured from the 'top of said signl ~o the mean level of the ground surrounding the supporu of: said sign. Each business esuablishment name shall occupy no more than 3 sq. ft.in 5otal area with an additional allowance of twenty percent (20%) of the total for the name of the business center. Said sign shall comply with ail other applicable provisions of this chapuer. A permit issued by the Buildin$ Inspector shall be re guired for each business cen=er directory sign erected or maintained pursuant =o this subsection. The application for said permit must contain an accurate drawing of said directory sign as well as a survey indicating the dimensions of said siqn, its location and setbacks. Contractor Signs. A conuractor, tradesperson, architect or building supplier may erect one name sign each on the site of construction durin~ the period of work. The sign area may no~ exceed three (3) square feet and may be attached ~o a stake in the ~round located at least fifteen (15) feet from the stree= line. Ail contractor signs mus= be removed prior =o issuance of a certificate of occupancy for the consuruction. C-- Farm, garden or nursery signs. Signs may be allowed advertising only the sale of farm, garden or nursery products grown on Eastern Long Island or of animals raised on the pre mises and the name of the farm, garden or nursery. D. Freestandinq signs. One freestanding sign is allowed for eacl~ frontage, on a public stree~ or way subject to the followin,~ requirements: Freestanding signs are limited to either pole signs with nO guy wires or signs permanently affixed to a fence other wall separate from the principal building. .(2/ All freestanding signs shall be located within and nol overhang the property line. (3) The location and design of such signs shall not present hazard to pedestrian or vehicular traffic. The' sign may be single~ or double-faced and square footago will be calculated based on one side; The sign shall be se~ back not less than fifteen (15) feet from the pavement or five (5) feet from the sidewalk, whichever is greater. Under no circumstances shall th,-, sign be placed in the public riqht-of-way; .(6) The sign shall advertise only business conducted on thc. premises~ which shall mean all contiguous property in common ownership. (7) The sign shall be not more than ~wen~.~-four (24) squar~ feet, the. upper edge of which may not extend more tha~ fifteen (15/ feet above the ground. E. Historic signs. A sign is an historic sign if it existed prior to 1970~and has not be significantly altered since then. When the historic nature of the sign has been establ ished to the satisfaction of the Building Inspector, he may allow the reconstruction, repair and maintenance of historic signs for so long as the siqn maintains the original size, appearance and location. Informational/Directional Signs. Signs are allowed which stat~ open, closed, business hours, phone numbers and generic directions to the facility, parking service and products. ~nformational/directional siQns shall be a maximum of three (31 s.ft. in size. Ho Nameplates. Non-illuminated name plates containing only names or professional.signs containing only name and professional designation may be allowed. Nonprofit Organization Directory Sign. One directory s~gn may be erected in each hamlet to identify nonprofit and civic orca nizations within the hamlet, subject to the size and location Jo requirements of the Business Directory s~gn Real Estate Sign. One slgn shall be allowed to advertise tho sale or lease of real property. The sign may be either single or double-faced and not larger than six (6) square fee~ ~n size. The sign shall be located at least fifteen {15) feet from the publi~ right-of-way. All real estate signs must be removed immediately upon closing on the lease or sale. This ~gn may be allowed in any zone. Roof sign. (1/ Roof s~gns may be erected upon or against a roof of a building, but shall no~ exten~ above the ridge line of tho roof. A sign which is placed anywhere on a parapet other than the fascia shall be a roof sign and may not extend above the top of the parapet. The top of such signs shall not extend, at its closest point, more than 12" from the surface of tho roof. The vertical center of the si~n shall be mounted n~ higher than the midpoint of the roof. ,,,(~ ) (3) Such sign shall not exceed a size in squarm feet equivalent to one-half times the length in feet of the structure. (4/ A business may have either a roof s~gn or a wall sign~ but it may not have both a roof sign and a wall s~qn. -(5) A roof sign may no~ be illuminated. K__~. Subdivision sign. A sign shall be allowed to advertise th~ sale or lease of a subdivision of properties if the subdivision has a public road frontage of five hundred (500) feet or more. The sign may be either single- or double-faced and not larger than twenty-four (24) square feet in size. The sign shall bm located at least fifteen (15/ feet from the street line Said s~gn mus~ be removed upon sale or lease of all properties wi~- in the subdivision. This sign may be allowed in any zone. Temporary signs. The erectionr installation or maintenance of temporary signs, as defined herein, is hereby prohibited, ex- cept as specified below: (1) A temporary sign announcing special events erected by a municipal, charitable or nonprofit organization, which does not exceed twenty-four (24). square feet in area, is per- mitted for a period not to exceed thirty (30) days. (2/ Temporary interior signs announcing special sales or events shall be permitted in the Hamle5 Business and Gen- eral Business Districts. Such s~ns shall cover no~nore than ~wenty-five percent (25%) of'the window area to which they are affixed, and shall be removed within Twenty (20) days. If a business has a permitted freestanding or ground sign, a temporary sign may be hung from the exterior of the building ~r from the approved sign. The temporary sign shall no~ exceed 6 sq. ft in area and shall not projec~ more than two (2) feet from the building and shall no~ obstruct pedestrian traffic. If a business does not have a permitted freestanding, ground or businesses center si~n, a business may erect a temporary sandwich board or A-frame si~n on the business premises if it does not hinder public a~cess, traffic or vision. The sign may not exceed 6 sq. ft. in area and shall be set back at least fifteen (15) feet from all propert~ lines. The sign shall be removed a~ the end of each bus~ness day. (5) No more than one (1) exterior temporary sign a~ a time shall be allowed on a parcel of property. If there are multiple businesses on the proper~y, they shall make in- ternal arrangements to share the sign. (6) An external temporary sign may not .be displayed for mor~ than 90 days in a one (1) year period. M__ Tourist Directional signs. Tourist related businesses (i.e., hotel, motel, marina, restaurant) which are located off Rte 4B or 25 may have a generic eight (8) inch by twenty-four (24) inch sign on one of those roads. Wall signs. A wall sign or signs are allowed on the building wall, subject to all of the following requirements (1) It is attached to or incorporated in the wall and does not projec~ more than one (1) foot from such wall; (2) It advertises only the business conducted in such-build- ~ ing; 32. Oo It does not exceed one {1) square foot in total area for each horizontal foot of the business such wall facing a street. If multi-story businesses are within the structure, they share one wall sign allotment and shall allocate it among themselves. (4) It does not exceed in width one hundred percent {100%1 of the horizontal linear feet of such wall; (5) It does not exceed three (3} feet in height. The sign shall not extend higher tnan the parapet in thm case of one story buildings. In the case of buildings taller than one (1} story, such signs shall not extend above the bottom of the sill of the windows of the second s=ory nor extend or be placed more than fifteen (15) feet above the outside grade. (7) No wall sign shall cover, wholly or partly, any wat~ open- ing, including doors, fire escapes and windows nor project beyond the ends of the wall to which it is attached. Ali such signs must be safely and adequately attached to said buildin~ wall by means satisfactory to the Building In- spector. A sign may be placed on a business canopy or awning and shall be treated as a wall sign and is subjec~ to the size restrictions contained therein. Window signs. A permanent window s~gn means any sign which is painted on the window or is made of materials other than card- board, paper or canvas. A permanent window sign or combination of signs shall.not cover more than ten percent (10%) of the total glass area upon which, or in which, it is affixed, dis- played or painted. If the window s~gn exceeds 10% of the window space, it shall be treated as a wall sign and is subject to thm size restrictions contained therein. Sectton 100-205.1. (Specific Sign Requirements) is hereby added to read as follows: ao Bo The following signs will be al'lowed in the Residential areas of the Town, which shall include all areas zoned A-C, R-40, R-80, R-120, R-200, R-400, HD and AHD: Not more than two (2} nameplates not ~o exceed two (2) s~uare feet in area. One (1) sign identifying the residential neighborhood not more than eighteen (18) square feet in area, located nor less than 15 feet from the street. If the appropriate circumstances exist there may be a real estate, subdivision, contractor or yard sale sign Such other signs as may be authorized as variance by th~ Zoning Board of Appeals. The following additional sign shall be allowed in the A-C zone: A farm, ~arden or nursery shall be allowed =o have tho signage permitted in Business areas. The following signs will be allowed in the Business areas of the Town, which shai1 include all areas zoned RR, RO, LB, HB, B, MI, MII, LIO and LI: Two (2) of the following alternatives: a. A freestandin~ sign; A. business center directory sign; c. A window sign; A'wall s~gn or a roof sign. A temporary sign. If the appropriate circumstances exist there may bm a real estate, subdivision or contractor sign~ Such other signs as may be authorized as a variance by the Zoning Board of Appeals. Marinas may have a separate wall siqn for the wall frontage facing the waterfront area they serve. 33. 34. Section 100-206 (Unsafe, abandoned and unlawful signs) is hereby de- leted in its entirety and a new Section 100-206. (Sign illumination) 'is hereby adopted to read as fOllows: Except as provided below, a sign may only be lit from an exter- nal source. The source may be above or below the sign but must be shielded so that the light filament is not visible from adjacent streets or properties and so that the illumination is concentrated on the sign. Only freestanding, business center and Wall signs in a shoppinq center or in areas zoned Hamlet Business may be internally illuminated. An existing sign which is capable of illumination may continue in use in other zones if the lights are not turned on. Both neon and internally illuminated siqns are otherw~s~ prohibited. C__t. Farm, garden~or nursery signs may only be illuminated during the ho~rs of business operations. D. Wiring, raceways and appliances of a sign illuminated by electricity from outside shall conform with the regulations of the fire underwriters and shall bear the appropriate stamp signifying such conformity. Section 100-207 (Continuation of existing signs.) is hereby deleted in its entirety and a new Section 100-207 (Unsafe, abandoned and unlawful signs.) is hereby added to read as follows: A__L. The owner of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such siqn, including its illumination sources, in a neat and orderly con- dition and goOd working order at all times and to prevent the development of any rUst, corrosion, rotting or other deteriora- tion in the physical appearance Or safety of such sign. B__L. If the Building Inspector shall find that any sign regulated herein is unsafe, insecure, damaged, deteriorated or a menace to the public or has been erected in violation of the provi sions of this chapter, h.e shall give written notice by certi fied mail to the owner of the premises on which such sign is located, as shown on the latest town assessment roll. Said ~ign and all appurtenances shall be taken down and removed by the owner, agent or person having the beneficial use of the ~'uilding or structure upon whic~ such sign may be found within thirty (30) days after written notifiCation from the Building .Inspector. Upon the failure to comply with such notice within the time specified therein, the Building Inspector is autho rized to remove or cause the removal of such Sign at the ex pense of the person or persons named in such notice. Upon such removal, all cOsts and expenses incurred by the town for the removal and storage of such sign shall be assessed against th~ 'land on which such sign was located, and a statement of such expenses shall be presented to the owner of the land. If such statement is not paid within thirty (30) days after its pre.. sentment, the Building Inspector may file a statement with thn Town Assessors, identifying the property in connection with which suCh expenses were incurredland the owner thereof as shown on the latest assessment roll of the town. The Asses.. sors, in the preparation of the next assessment roll, shall C0 assess suCh amount upon such property. Such amoUnt shall be included in the levy against suCh property, shall constitute ~ lien and Shall be colleCted and enforced in the same manner, by the same proceedings, at the same time and under the same pen- alty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold, The owner of the sign removed by the Building Inspector as hereinbefor~ · proVided shall not be permitted to redeem such siqn until all expenses of removal and storage have been paid. If, in the determination of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to be remOved summarily and without notice. The cost of such removal shall be paid by the town, and such amount shall be and become a lien upon the premises in question and shall bQ levied and collected in-the same manner and under the same pen~ alties as an assessment of' a public improvement. OCTOBER 18, 1994 153 35. Section 100-208 (Transition.) is hereby added to read as follows: For a period of six (~) months after adoption of this ordinance, a person may obtain a s~gn permit for a sign which conforms to the provisions of the newly adopted code or the prior repealed code. Thereafter, a si~ermit may only be issued for a si~_q which con- form-----~ t--6- t-~e ~rov~ 36. Section 100-209. (Non-conforming Signs). is hereby added to read as follows: 37. Any sign which holds a permit under the prior repealed code but ~hich does not conform to the provisions of this chapter, shall be deemed a non-conforming sign. A non-conforming sign may be contin ~ed, without enlargement, reconstruction or relocation, until il loses its noncomforming status through the occurrence of any of these events: The non-conforming use is damaged or deteriorated so that th,. cost of.repair or replacement exceeds 50% of the original valu,. of the sign; ~. The business which is served by the non-conforming sign change~; to a new use or service (i.eo, retail to food/. The business which is served by the non-conforming sign ha~ been disContinued for a period of two (2t years or more. When a sign lOses its nonconforming status, it shall be brought int~ ~ompliance with this code and obtain a new permit, or it shall be removed. Section 100-281(J)(1)(g) is hereby deleted in its entirety and new section 100-281.(J)(1)(g) is hereby added to read as follows: Si~nc ~ ~ ~ all ~ czccpt zi~ns ~+ of si~n aroa, ~.~ith a m!n_ -m fcc cf t The permit fee for all signs shall be fifty dollars per permit. Ii. This Local State. * Overstrike ** Underscore Law shall take effect upon 'its filing with the Secretary of represents deletion(s) represents addition(s) 11.- 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: I'd just like to comment briefly. This public hearing on November 15th for signs is the same ordinance, that has been discussed a number of times in Code Review Committee, and has been veuted, and commented upon, contributed by a number of people, both within Town government, and from the' outside. The intent of the ordinance, of the revision of the Sign Ordinance. It's intended to organize and simplify the existing Sign Code, to limit Sign lighting in size, and te permit roof signs, directional signs, contractor's signs, and subdivision signs. Your ordinances after., will be considered for the public hearing. 12.-Moved by Councilwoman Hussle, seconded by Councilman Lizewski, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 6th day of September, 1994, a proposed Local Law entitled, "A Local Law in Relation to Lighting"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter; now, therefore, be it RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, November 15, 199l~, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this Local Law, which reads as follows: A Local Law in Relation to Lighting BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-31(B) (5) (e) is hereby deleted in its entirety. Section 100-31(B) (5) (f) is hereby changed to 100-21(B) (5) (e) . Section 100-31(B) (7) (e) is hereby deleted in its entirety. e= T~n~ d+r-e~t- soul'ce-o~ aH-ex+.eri-oi~ Hg-hC-ing- sha+k sh~elde~ fronwbhe v~w-of su~q-otJ¢~i¢~, resh:~fenbF~t t~es-.- L~. Section 100-31(B.)(8)(c) is hereby deleted in its entirety. Section 100-31(B) (8) (d) is hereby changed to 100-31(B)(8)(c). Section 100-61(B) (L~) (d) is hereby deleted in its entirety. d':- hR>- H~jI~bs- shark ereat-e a glare on-ad~-oh'~hm:j- Section 100-61(B) (q) (e) is hereby changed to 100-61(B) (q) (d) . ' Section 100-101(B) (12) (g) is hereby deleted in its entirety. Section 100-101(B) (12) (h) is hereby changed to 100-101(B) (12) (g) . Section 100-191(O) is hereby deleted in its entirety. 11. Sections 100-191(P) and (Q) are hereby changed to (O) and (Pi. 12. Section 100-239.5 (Lighting) is hereby added to read as follows: INTENT - This ordinance is adopted pursuant to the Town's police power. Light pollution is not beneficial to the health, :safety and welfare of-the residents of the Town and must be minimized. This ordinance prOhibits excessive light and 91are by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for 91are. All outdoor lighting shall be shielded so that the filament is not visible from adjacent property and shall be arranged so as to minimize the projection of light and 91are on adjoining properties. It is a ~leneral principal of the Town that parking lot lights should be reduced in intensity between 11:30 P.M. and L~:00 A.M. II. Co All freestanding outdoor lightin9 shall be located at a height of no more than fourteen (1L~) feet above 9round level and the lighting shalt be shielded so as to comply with all other restrictions on outdoor lightin9. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions ** Overstrike represents deletions 12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WlCKHAM: I might just add on the lighting on, that we just heard, the intent behind this proposed legislation reads as follows: Light pollution is not beneficial to the health, safety and welfare of the residents of the Town and must be minimized. This ordinance would prohibit excessive light and glare by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare. At 8:00 o'clock, we have several public hearings for tonight. We will take a recess at this time. Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that a recess be called at this time, 8:00 P,M., for the purpose of holding a pubic hearing. Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. This resolution was duly ADOPTED.' MEETING RECONVENED AT 8:15 P.M. Councilwoman Oliva, Councilman Lizewski, 13.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Personnel Assistant Barbara Rudder and Community Development Administrator James McMahon to attend a Luncheon Meeting on November 1, 199L;, beginning at 11:00 A.M.. at the Jamesport Manor Inn, Jamesport, N.Y., sponsored by East End Job Service Employer Committee, and the topics to be discussed are: Controlling Workers Compensation Costs; and The Americans With Disabilities Act; actual expenses for registration, and transportation, using a Town vehicle, shall be a legal charge to the 1994 Budget. 13.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, CoUncilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 14.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that pursuant to Part 617 of the implementing regulations pertaining to. Article 8 (State . Environmental Quality Review) of the Environmental Conservation Law, the Town Board of the Town of Southold, as lead agency, has determined that the proposed action described below is not expected to have a significant effect on the environment, Title of Action: Construction and Operation of a Yard Waste Composting Facility. SEQR Status: Unlisted SUPERVISOR. WICKHAM: We can resume the reading of the resolutions beginning with number 13. Description of Action: The Town of Southold proposes to expand yard waste composting operations at the site of the Southold Solid Waste Complex on Middle Road (CR48) in Cutchogue, N.Y. A Part 360 permit application to construct and operate a yard waste composting facility at the site has been prepared to document the facility's compliance with appropriate regulations and operational requirements. In May 1990, the Town received authorization from the State to initiate an exempt small scale yard waste composting operation for less than 3,000 cubic yards of leaves per year. The Town has been composting leaves since receiving the May 1990 authorization. The proposed action will allow for expansion of yard waste composting operations for the entire amount of yard waste, exclusive of grass, generated in the Town. Approximately 9,000 tons per year of leaves, mulch, brush, landclearing debris and wood chips would be aerobically composted in windrows formed on a crushed stone pad at the Town's solid waste complex. Location: Middle Road (CR[t8), Cutchogue, Suffolk County, New York. Reason Supporting this Determination: Expanding yard waste composting operations at the site of the existing Southold solid waste complex is not -expected to have a significant effect on the environment. This site has been utilized for solid waste management for a number of years and the proposed action would not result in significant environmental impacts. The expanded yard waste composting operations would allow for the recovering and reuse of a greater portion of the town's waste stream thereby increasing recycling in the Town. The proposed composting operations to be performed in accordance with Part 360 regulations, which are described in the Part 360 Engineering Report and Permit Application, are .expected to mitigate any impacts that may result from the proposed action. 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 Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to the Southold Town Substance Abuse Committee, effective October 2L~, 199/~ through October 24, 1995, they to serve without compensation: Jean W. Cochran, Chairperson Cynthia Kumelos Henry Santacroce, Jr. Beth Wilson Kathleen McKeighan-Simpson Dr. Rory Simpson Myles Schneider Dr. Helen C. Price Elizabeth MacNish 15.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 16.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following elected or appointed officials to attend the Annual Meeting of the Association in New York City on February 19-22, 1995: Supervisor Thomas Wickham Councilwoman Alice J. Hussle Councilman Joseph J. Lizewski Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Justice Frederick J. Tedeschi Justice William H. Price, Jr. Town Clerk Judith-T. Terry Town Attorney Laury L. Dowd Solid Waste Coordinator James Bunchuck OCTOBER 18, 1994 157 AND BE IT FURTHER RESOLVED that one member of the Board of Appeals and one member of the Planning Board Shall be granted permission to attend the Annual Meeting of the Association of Towns on a day trip. 16.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: I think that probably most of us are going on a day trip anyway. 17.-Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the expenditure of $200.00 for a review and analysis of the Baxter Farm/Fort Corchaug appraisal by Patrick A. Given, SRPA. 17.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. -This resolution was duly ADOPTED. RESCINDED 12/27/94 by Resolution #3 18.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Leona Urban and William Evans as weekend SNAP (Supplemental Nutrition Assistance Program) drivers, effective October 15, 1994, 2.5 hours per day (Saturday and Sunday), at a salary of $10.00 per hour. 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 Suffolk County Water Authority has proposed purchasing and operating the water supply system of the Cove Condominium in Bayview, and WHEREAS, residents of the Cove have expressed support for the SCWA ~acquisitlon because they would achieve a substantial reduction in water ,,.rates, and ~WHEREAS, the acquisition is subject to an approval by the Suffolk County < Legislature which in turn seeks the view of the Town of Southold' now, I-therefore be it ' RESOLVED that the Town Board of the Town of Southold has no objection to the proposed sale to the SCWA supports it for the reasons mentioned above. COUNCILWOMAN HUSSIE: I think that we ought to hold off on this, and see if the points that Mr. Corwin has brought up pertain to this, so perhaps we could table it. COUNCILMAN TOWNSEND: I actually express some of the same points to the Supervisor, when I heard about this. That I thought we should get the Village's position before we move the resolution, and the Supervisor had mentioned that he had gotten several letters, and went through the history of the exorbitant fees, that were being charged by the current operator, and the fact that Greenport did not want it. Even so, I know that Greenport is embroiled in negotiations with the Water Authority, so I did speak to the Mayor, and the Mayor told me, and this was without benefit of a Village resolution, that he had no objection to this resolution. If you want to hold it I'll be happy to hold it. I do think there's some immediacy to their need, because they are being charged three or four times, even what the Village is charging, $1,500.00 a year or something, and that's a pretty high burden for these people to bear. As I said, I don't think the whole Village Board has not been apprise of this resolution, but I know the Mayor has, and he expressed no particular concern, that we were going to put it on the agenda. 158 19.- Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that Resolution Number 19 in support of the proposed sale of the water supply system of the Cove Condominium in Bayview to the Suffolk County Water Authority be TABLED. 19.-Vote of the Town Board: Ayes: Justice Evans, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. No: Councilwoman Oliva.. This resolution was duly ADOPTED. 20.-Moved by Supervisor Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 13, adopted on October 4, 1994 directing that the Fishers Island Sewer District rent owed by Cleveland Bakery be levied against the real property of Cleveland Bakery, and collected at the same time and in the same manner as Town taxes, whereas the outstanding rent was paid on October 17, 1994. 20.-Vote of the ToWn Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, - Supervisor Wickham. This resolution was duly ADOPTED. 21.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Venetia McKeighan, Director of Human Resources, to place an advertisement in The Suffolk Times and The Long Island Traveler-Watchman for two (2) weeks to advertise an expanded after school activity program; cost to be approximately $182.00 per newspaper. 21.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 22.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Dwayne Farley as a back-up weekday SNAP (Supplemental Nutrition Assistance Program) Driver, effective immediately, at a salary of $5.00 per hour. 22.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 23.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Carol and Edward Worth to place a sing e family house trailer on their property at Baldwin Place and Strohson Road, Cutchogue, for a six (6) moth period, effective November 15, 1994, while they construct a new home on that property. 23.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Ollva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 24.-Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby recommends the appointment of Senior Accountant John A. Cushman II as Southold Town's representative on the Peconic County Technical Advisory Committee, all in accordance with the recommendation of Supervisor Thomas Wickham. 24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duty ADOPTED. SUPERVISOR WICKHAM: I'd just like to comment, that there are two committees formed pursuant to the study being made, the feasibility study, for Peconic County. One is the Technical Advisory Committee, I believe's called. The Technical Committee, which is basically specialist concerned with finance, or legal matters, to do with the formation of the County. The other is a Citizen's Advisory Committee of ordinary people in the town, who have an interest in it, and would like to have their views known, and participate somehow in that process. There are additional openings on both 159 OCTOBER 18, 1994 committees for people from Southold Town to participate in both the Technical Advisory and the Citizen's Advisory levels. If there are people, who would llke to be involved in one fasb'ion 'or another my office could help put them in touch with the appropriate place, and we might find additional representation from Southold Town'. 25.-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 resumes for one [1) member of the Board of Assessment Review, for a five [5) year term, effective upon appointment through September 30, 1999. 25.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 26.-Moved by Supervisor Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants -permission to Personnel Assistant Barbara Rudder to attend An Empire Plan Regional Meeting for Participating Agencies, at the Town of Brookhaven Office complex, Medford, N.Y., from 9:30 A.M. to Noon, on Tuesday, October 25, 199~, and the actual expenses for meal, and transportation, using a Town vehicle, shall be a legal charge to the 1994 Budget. 26.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 27.-Moved by Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a grant application under the New York State Division of Criminal Justice Services for a Local Court Automation Project, which will enable the Southold Town Justice Court to obtain accurate criminal records of individuals without the intervention of outside agencies; total project cost is $2,625.00, award funds of $1,750.00, and Town match funds Of $875.00 from Justice Court/Central Data Processing 199L~ Budget. 27.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Counci man Lizewski, Supervisor Wick ham. This resolution was duly ADOPTED. 28.-Moved by Councilwoman Hussie, seconded by Supervisor Wlckham, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 21, adopted on August 9, 199L~, authorizing the implementation of a program for the distribution of Town Garbage Bags at Town Hall to merchants who resell them, whereas the program has been found to be ineffective and costly, and has been utilized by very few merchants. COUNCILWOMAN HUSSIE: We tried an experiment at the request of some merchants, who felt that going to Town Hall to pay for the bags, and then moving on up to the Cutchogue transfer station to pick the bags up, was a burden that they couldn't deal with, and so we experimented by having them order bags ahead of time, pay for them here at the Town Clerk's Office, and then the Landfill personnel would bring those bags here to the parking lot, and they could pick them up on the same day that they paid for them. Only about four or five merchants used them, and it was just felt that we were using an awful lot of time, and employee time and effort, and it wasn't worth it, so, we're scrapping the idea. It will continue in the regular way, which is, you. come to the Town Clerk's Office, pay for the bags that you want, and then proceed on to the transfer station to pick up the cartons. 28.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 29.-Moved by Councilman Lizewski, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Dvirka and BartJlucci, at a cost not to exceed $6,000, to OCTOBER 18, 1994 prepare a detailed Closure Investigation Work plan with regard to the Cutchogue Landfill, based upon the following field program: (1) Sampling of all 16 existing wells for Baseline groundwater quality parameters. (2) Landfill perimeter Explosive Gas Survey. (3) Surface Leachate Survey (4) Vector Survey. 29 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 30.-Moved by Councilman Townsend, seconded by Councilwoman Hussie, WHEREAS the Town established the Southold Solid Waste Management District on February 23, 1993; and WHEREAS the stated purpose of forming the District was to assure that all solid waste-related revenues will be utilized to offset the costs of the Town's solid waste program and to provide for a more orderly account of all - solid waste-related revenues and expenditures; and WHEREAS the Town has invested in certain equipment to operate the Landfill and Transfer Station, which are now needed for operation of the District; now, therefore, be it RESOLVED that the Town of Southold hereby leases the equipment at the Cutchogue Transfer Station, as more specifically described in Exhibit A attached hereto, to the Southold Solid Waste Management District for a period of ten years. Pursuant to this lease, the District shall have the care, custody and maintenance of the equipment. At the satisfactory completion of the ten year term, District shall have an option to purchase the equipment at a cost of one dollar. In consideration of the above-described Lease, the District agrees to make lease payments to the Town at the times and in the amounts set forth in Exhibit B attached hereto. IT IS ORDERED that this lease shall become effective immediately upon adoption of thrs Resolution. 30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewskl, Supervisor Wickham. This resolution was duly ADOPTED. 31 .-Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby conveys the land and improvements at the Cutchogue Landfill/Transfer Station to the Southold Solid Waste Management District for consideration of $1.00, all 'n accordance with the approval of the Town Attorney. SUPERVISOR WICKHAM: As in the case of the foregoing resolution in which equipment is still operating exactly the same way, but is nominally paid for formerly through the Whole Town Budget, as a result of that resolution it will now be financed through the Solid Wastes District, which is on the North Fork of Long Island, and does not include Fishers Island. Similarly the second resolution here will transfer, conveys the land and the improvements, the structures at the Cutchogue Landfill, and the Transfer Station, also, will proceed to be transferred to the Southold Solid District for $1.00, and will be a charge and a responsibility to be looked after by that District, rather than by the Whole Town Fund. It's simply a transactional accounting change, that will have no consequence in terms of the amount of monies, that are spent on those properties, and on those equipment. 31.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 32.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 28th day of June, 1994, a proposed "Local Law in Relation to Wineries"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and Suffolk-County Department of Planning for recommendations and reports, and on September 20, 1994 a public hearing was held. at which time all interested persons were given an opportunity to be heard; and WHEREAS. following the public hearing the Town Board reviewed and made revisions to this proposed "Local Law in Relation t° Wineries"; now, therefore, be it RESOLVED THAT THE Town Clerk be and she hereby is authorized and directed to transmit this revised proposed "Local Law in Relation to Wineries" 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. This proposed Local LaTM reads as follows: A Local Law in Relation to Wineries BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of thc Code of the Town of Southold is hereby amended as £ollows: INTENT: The wine industry, has been an important component, not only of the agricultural community, but the Town's tourist industry.. In recognition of the wine~'s ability to contribute to the tourist industry: the Town is clearly definingh~ winery, ~Jiag saIes of wine-related products as an accessory, use and al!owingj~or outdoor for-profit _events under certain conditions, l. Section 100-3 IA(4) is hereby added to read as follows: (4) Wineries which meet tile following standardx:_ .(z0. shall be a place or premises on which wine made from primarily Long IsIand grapes is produced and sold; and shall be on a parcel on which at least ten (I0) a~evoted to vineyard or other agricultural purpx~ses, and which is owned by the wine~ owner; arid. (c) the winery, structure shall be set back a mirdmum of one hundred (I00) feet from a major road; and (d) shall obtain site plan approval. 2. Section I00-3 lB(13) is hereby deleted in its entirety: (I3) xarincrica for thc produetiowand sale of wine p~duccd from-grapes-peima~y growwin the-vir~cyards on-whi~eh wineO' is Ioeatcd. 3. Section 100~3 IB(14) and (15) are hereby changed to (13) and (14) respectively: 4. Section 100-3 lC(11)'is a~ to read as follows: (1I) Wineries may have an accessory, gif~ shop_on the_premises which may sell items accessory, to wine: such as corkscrews, wineglasses: decanters, items for tile storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery.. Wineries may not have commercial kitchen as an accessory, use~ but may have a non-commercial · kitchen facility for private_use by tile employees~ 5. Section 100-30A.2A(1) is amended to read as follows: (1) Same as Section I00-3 IA of the Agricultural,Conservation District tMt wineries_are exclttd_e_d_. 6. Section' I00-42B(4) is deleted as follows: (4)-W~ef4es-as~-~t-f'a~4~aad-regtlbatcd by-Scct]an 100-31Bf4-34-of-t~he Agrietd £-~ r~t-KZ-oa se~at-io fM~ is t ri ct 7. Section 100-61A(1) is hereby amended to read as follows: (l) Any permitted use set foah in and as regulated by Section lO0-31A of the AgriculturaI-Conse~ation District ~xcep~ that wineries 8. Section 100~71B(6) is hereby deleted as follows: (6) 9. Section I00-71B(7) is hereby changed to (6). 10. Section 100-81A is hereby amended to r~d as follows: A. Permitted uses. (l) Any permitted use as set foah in and regulated by Section 100-3 lA of the Agricultural-Conse~ation District ex,pt wineries whic~ shall be as set fo~h below: (2) The following uses are permitted uses subject to the site pIan approval by the Planning Board: (a) Retait businesses complementa~ to the rural and historic character of the surrounding area, limited to the following: [I] ~tique, a~ and cra2 shops and galleries. [2] Custom workshops and machine shops. [3] Wholesale or retail sale and accesso~ storage and display of garden materials and plants, including nurse~ operations. provided that the outdoor storage or d~splay of plants and materials does not obstruct pedestrian flow o~- vehicular tra~c and does not occur within three (3)feet of the propeay line [4] Libraries or museums. (b) Professional and business o~ces. (c) Funeral homes. (d) Restaurants, except drive-in restaurants. (e) Personal se~ice stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (0 Repair shops ffo~ household, business or personal ap3Iiances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops' and bicycle and motomycte shops, landscaping and other semite businesses. (g) Wholesale and warehousing. (h) Retail uses supplemental to the service business establishment. (j). Wineries which meet the following standards: [A~ ,sJ:l~xiLb_e-,JLfar.~:rc~ja.e,j::y_lJ_c_e~s.e,d_ctad.er ~ew York S~aw from which wine made from p~imarily Long Island grapes is produced and sold. and [2] shall obtain site plan a~oval. ~ I 1. Section IO0-81B(1) is hereby amended to read as follows: (I) '~y speci~ ex~ption use as set fo~h in and regulated by Section 100-3 IB of the Agricultural-Conse~ation District, cxccpt 12. Section 100-SIC(1) is hereby zmended to re~d zs follows: (1) ~y accesso~ use ~s set ~o~h in ~nd r%ui~ted by Section 100-~ ~ C(1) ~hrou~h (8) ~nd ~] ]) of the A~ricuiturzl-Conse~fion District, ~nd subject to the conditions set fo~h in Sectio~ 100-33 I3. Section 100-9]B(10) is hereby deleted as follows: (d&} W(~er4es. 14. Section IO0, IOIA(I l) is hereby ~ed to read as Follows: (1 i) Wineries which meet th~ following standard~ ~ shall be a farm wine~ licensed under New York Stye law from whioh wine made from primarily Long island ~rapes ~ro~ed and sold.~ ~ ~alI obtain site~n a~oval, and 15. Section 100-10IC(1) is hereby amended to read as (1) Accesso~ uses set fo~h inand as regulated by Section 100-3 tC(1) through (8) and (l I) of the Agricultural-Conse~adon District, subject to the conditions set fo~b in Section 100:33 thereof. 16. Section 100-.I~ lA(6) [s hereby added to read as follows (6) Wineries as mgulat~by Section 100-10IA(1 17. SectiOn 100-131B(14) is hereby deleted as follows: 18. Section 100-141A(3) is hereby added .as follows: ~ Wineries as regulated by Section 100-10]A(I l) 19. Section 100-14 lB(3) is' hereby deIeted as follows: 164 OCTOBER, . ,,,. 20. Section 100-274G (Fees) is hereby added to read as follows: G. For applications for public entertainment and special events permits the fee shall be fifty dollars ($50,00). II. This Local Law shall take effect upon its filing with the Secretary of State. * Strikethrough indicates deletion. ** Underline indicates addition. 32.- Vote of the Town Board: Ayes: Justice Eva'ns, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Liz~wski, Supervisor Wickham. This resolution was duly ADOPTED. 33.-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby creates a Southold Town Activities Scholarship Program, to be used under the Southold Town Recreation Activities Program, and allocates $5,000 for this - scholarship program; and be it FURTHER RESOLVED that before implementation of the scholarship program guidelines shall be established, and shall be subject to the approval of the Southold Town Board. COUNCILMAN TOWNSEND: I'd like to give an explanation. This Spring we had the Youth Expo. A lot of good ideas came up. One of the ideas, that was discussed then, and kicked around further by the Youth Support Committee, which I chair, was a way to allow people, that have limited means to participate in a lot of the activities, that we have in Southold Town, that cost money. Be it piano lessons, or playing football, or softball, it does cost money, and some people really have a rough time getting that together. So, we developed a proposal by which we would create a scholarship program for these activities. The tentative guidelines are some people that qualify for a certain funding, the Section 80 housing has very Iow income guidelines, for instance, would be eligible for a 75% grant for the cost of their activity, as a scholarship provided they provide 25% themselves, and this would become a voucher that we could give to the activity. This was discussed at some length with the Town Board, and they narrowed the scope somewhat to have it apply only to Southold Town activities, those activities offered at the Recrea]tion Program, and, also, to improve, .or perhaps broaden the income guidelines, which I'll work on, and get back to them shortly. It does correspond with the original goal, I think, that was stated by this Board, to get in there, and really use that money that we have funded for youth group, and really see if we can have a hands on approach to activities in this town, and have a direct benefit. I think a program like this will not only benefit those people, that up until now have been unable to participate, but also be a benefit to those activities, that were denied that income. COUNCILWOMAN HUSSIE: May I say something, too, along this line? This resolution, as you've heard it, leaves some points unaddressed. Eligibility is one of them. Eligibility will be based on income. Music, art, ballet, riding lessons, karate, etc. are supplements to standard educational requirements. If Southold Town fosters, and encourages, scholarships for these activities, we can not in good conscience restrict them to only one group of young people. Selection is another problem. It was suggested earlier today, that scholarships will be awarded on a first-come, first-serve basis, making the criteria promptness. I also have strong objections to Southold Town advertising, promoting, and supporting only certain private businesses, which is what will happen if we continue with the scholarship ideas that now stand. It was proposed that after initial Town funding, additional money will come from local service clubs. Our service clubs already give scholarships, and other help. If they're interested in further funding, they should make the arrangements, and the decisions. The Town can be cooperative to the extent of providing space and encouragement. I truly believe that young people are important now, and important to our future. I'm anxious to help them, but I want to help all young people, not just a few. COUNCILMAN TOWNSEND: I wish we could afford .it. OCTOBER 18, 1994 33.-Vote of the Town Board: Ayes: Councilman Townsend, Supervisor Hussie. No: Councilman Lizewski. This resolution was duly ADOPTED. Justice Evans, Councilwoman Oliva, Wickham. Abstain Councilwoman SUPERVISOR WICKHAM: Now, we take up three resolutions to deal with the three matters, that were put to public hearing tonight. 34.-Moved by Councilwoman Oliva, seconded by Justice Evans, WHEREAS, there was presented to the Town Board of the Town of Southold, on the t[th day of October, 199~[, a Local Law entitled, "A Local Law in Relation to Parking Permits"; and WHEREAS, a public hearing was held on this Local law on the 18th day of October, 199t[, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts .Local Law No. 21 -1994, which reads as follows: LOCAL LAW NO. 21 - 1994 A Local Law in Relation to Parking Permits BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 65 (Parking at Beaches)of the Code of the Town of Southotd is hereby amended as follows: 1. Section 65~3(A)(3) is hereby amended as follows: Resident parking permits for motor vehicles shall be permanently affixed to the right side of the front bumper of such vehicle, and ......... ~ ...... ~ ~ ........ for ................-~a. bc ~ ............. ~ ....... t ..... t adem ..... dm~vbar or-t,m~guc ....... traiie~ and shall be valid for the Vehicle and an attached trailer. 2. Section 65-3(F) is hereby amended as follows: Nonresident seasonal beach parking permit. Beach parking permits for nonresidents for the period April 1 through October 31 may be issued by the Town Clerk of the Town of Southold upon application therefor ,or ............. ,, .................. 7 ....... k,' .... ~, at a sum prescribed resolution of the Southold Town Board, which annual sum shall include both the vehicle and boat trailer. II. This LoCal Law shall take effect upon its filing with the Secretary of State. * Strikethrough indicates deletion. **Understrike indicates addition. 3g.-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 Justice Evans, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of South°ld~ on the ~th day of October, 1994, a Local Law entitled, "A Local Law in Relation to Landfill Permits"; and HWEREAS, the Town Board held a public hearing on this Local Law on the 18th day of October, 199g, at which time all interested persons were given an Opportunity to be heard; now, therefore be it RESOLVED that the Town Board hereby enacts Local Law No. 22 - 199g~ which reads as follows: LOCAL LAW NO. 22 - 199g A Local Law in Relation to Landfill Permits BE IT ENACTED, by the ToWn Board of the Town of Southold as follows: I. Chapter g8 (Garbage~ Rubbish and Refuse) of the Code of the Town of Southold is hereby amended to read as follows: 1.. Section ~8-~.A. (2) (c) is hereby amended to read as follows: (c) The fee for the issuance of a lessee landfill permit shall be [wen~y-fi~ ~aPs {$~) such fee as shall be prescribed by a resolution of the Southold Town Board. 2. Section ~8-g.A. (3) (c) is hereby amended to read as follows: 165 166 OCTOBER (c) The fee for the issuance of a guest landfill permit shall be ' t~enty-fP~e dollars ($-25=-) such fee as shall be prescribed by resolution of the Southold Town Board. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. **Overstrike represents deletions. 35.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 36.-Moved by Councilwoman Hussie, seconded by Councilman Townsend, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of October, 1994, a Local law entitled, "A Local Law in Relation to Parking of Vehicles"; and WHEREAS, the Town Board held a public hearing on this Local Law on the 18th day of October, 1994, at which time all interested persons were given - an opportunity to be heard; now, therefore, be it ~ RESOLVED that the Town Board hereby enacts Local Law No. 23 199L~, which reads as follows: LOCAL LAW NO. 23 - 199~ A Local Law in Relation to Parking of Vehicles BE IT ENACTED, by the Town Board of the Town of Southold as follows: I.Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended by addin~l the follOwing: 1. Section 92-41 (Parking prohibited.at all times) is hereby amended by addin~t the following: Name of Street Side Location Kin~l Street South At New Suffolk, between Fourth Street and Fifth Street II.This Local Law shall take effect upon its filing with the Secretary of State. * Underline indicates addit'ion. 36.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussle, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 37.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby endorses the appoint of Planning Board member Mark McDonald as Southold Town's member on the Calverton Joint Planning and Redevelopment Commission. 37.-Vote of the Town Board:' Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No: Councilman Lizewski. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: I'll just mention that the Calverton Joint Planning and Redevelopment Commission is a commission established by an act of Congress, which gives the Town of Riverhead authority of the use of the formerGrumman Facility, but subject to a governing board of, I think, twelve or thirteen members, and Southold Town is given the opportunity to appoint one of our members. That concludes the resolutions for tonight, and now, it's an opportunity for members of the audience to address the Board on any matter of their interest. DAVID CORWIN: My name is David Corwin, and if the Town Board would indulge me, I'd like to address the Budget. I realize it's not time for the public hearing yet, but my experience is once it's down to the final draft of the Budget, nobody wants to hear about any changes. I understand the status is I don't think you've scheduled your public hearing yet for the Budget, but it will be pretty soon, I imagine. One thing I want to address is there was talk about closing the scalehouse at the dump on Sunday to save the cost of having it staffed, and I have a small truck, and I buy the littel permit, it's ten dollars, I don't know what it's going to be next, but the only time it's convenient for 'a person like mayself to collect the junk around the house, or do whatever little job you do around the house, a~d bring it up to the dump, it's Saturday, or Sunday, and if you're taking Sunday away from people, as a time to use that facility, I think some people will be mad at you. So, I would ask you to rethink that OCTOBER 18, 1994 167 one. The other one .I want to address is the Village of Greenport, and including the Village of Greenport in Whole Town Highway. Last year, I don't know, we probably paid in excess of $40,000. in Whole Town Highway in the Village of Greenport. I don't think you have taken the Village of Greenport out of Whole Town Highway. We just did our roads..the Village Board did the roads, hired a contractor for $91,000.00. They put loose stone down on the roads. In years past, what used to happen was the Town Highway Department would come in with their equipment. They would supply the sand out of the dump. The Village would supply the oil, and at least we got something out of the taxes we paid to the Town of Southold for our roads, I got to say to you all, more people from outside of the Village use Village roads than people inside the Village go out, and use Town roads. It clearly states in the New York State Town Law, I believe, that you can put Village inside of Whole Town. That doesn't mean you have to do it. You can do it, but you don't have to do it. The reason for that is that some villages are landlocked, and the theory is you've got to go over Town roads, you Should help pay for the Town roads. That's fair enough, but the Village of Greenport has State Highway 25 running through it. Part of State Highway 25 is, in fact, belongs to the Village, and has to be maintain by the Village of Greenport, and the Village, also, has access to County Road ~,8 through Village roads. So, to me, the argument that, well, people in the Village have to use Town roads to get out of the Village, doesn't hold much water. Needless to say the Village of Greenport has a big concentration of Iow income people, of older people, of people, that are just economically disadvantaged, and I really don't think it's fair for the Town to take that $40,000, or whatever it's going to be this year out of the Village, and not give any services back. At least give us some services back. I wrote to you, Supervisor Wickham. I wrote to you, Councilman Townsend, and I wrote to Superintendent Ray Jacobs, and asked you to take this out of Whole Town Highway. I asked Superintendent Jacobs to give us some services, if you don't take us out of Whole Town Highway. At least, held us maintain the sidewalks, and roads. I ask you to give this serious consideration, because basically what's going to happen is you're going to squeeze Greenport, and squeeze Greenport, and it's going to die, and you guys are going to have ali the headaches of Greenport, and I really don't think you want the headaches of Greenport, when you see what goes on there. I spoke with the foreman of the Highway Department of Greenport, and apparently, the Superintendent of Highways is telling him, well, we're going to start charging you to bring leaves into the Landfill. Previously there's no charge, to my understanding, you'll all correct me if I'm wrong, for the State to bring debris into the Landfill, fo~ the County, or for the Village or Greenport. My understanding is the Village can still bring in limbs, and brush, but not leaves. I'm just wondering if SUpervisor Wickham, you are squeezing the Highway Fund. You: took out of there, and said, we'll put it in the General Fund, and I'm just wondering if the Superintendent of Highways is saying, well, look I have to make this up someplace, I'll just squeeze Greenport a little more. I ask yOU all to very seriously consider giving Greenport a little relief in terms of this Whole Town Highway Fund. Thank you. SUPERVISOR WICKHAM.' There's no secret that we are squeezing the funds. There's no question about that. Whether that results in a squeeze on Greenport, I think is another question. Is there any interest in the Board addressing this question at some future time? We're obviously not going to address it tonight, but is this an issue, that the Board would like to take up? COUNCILMAN TOWNSEND: Sure. SUPERVISOR WICKHAM: We'll put it on our agenda. It won't happen tomorrow, but we will put it on a agenda. Anyone else like to address the Board? FRANK CARLIN: Frank Carlin, Laurel. I want to correct two mistakes I made at the last Board meeting. One was, I mentioned that when the shopping center installed their own traffic lights, that the State charges them $10,000 a month for maintenance. I was wrong on that. It's $1,000 a month, around a $1,000 a month. I started out to say $1,000, and then I s;aid $10,000. So, I want to correct that mistake I made on that one. The second mistake I want to correct is that I mentioned about the North Fork Animal Welfare League looking for property. I researched that quite closely 1,6 8 ,,,4 this time, and it's not the property. What they're looking for, I believe, is to renew their lease. Now, back in May when they unveiled this proposal, it was known then what they were going to do. They were going to build this facility for $250,000, and at that time, Supervisor Wickham, you said in the paper, and I quote, the concept is exactly the type of thing, that the town should be moving towards. It was right in this paper here. Now, then we go to September for the Board to consider the proposal. Now, we're into September now. This happened in May. I called you again when I saw the newspaper, and I have it here. I am pleased with this plan, and I think it's i'n the right direction. Now, it's October. Could I ask you a question, that you'll be able to answer me by saying that I do know something about this, because the last meeting you said to me, well, I just looked over this, and I'm not up to speed on it. But, in this particular subject that I'm speaking on, I think the Board and you have been aware of this since back in May. Now, can I ask you a simple question? At least have you considered, or has the lease been renewed or not for these people, at least, so they can get started on that? Has that been done? SUPERVISOR WICKHAM: No. There are two aspects to what they've pr.oposed. One is a proposed contract by which they would build a new building on Town property. The other is secondarily a lease, to continue there that they have at the present time to be continued into the future. The current lease extends until the 31st of December. Excuse me, the contract to carry on those service carries on till the end of December. Beginning I'm quite certain the Board will have prepared a position, we'll have discussed with the League, and I am confident that we will have some form of an extension. It might be different. Terms might be different. There may be different~conditions, but I have every reason to believe that they'll continue. The newspapers were basically correct. I am optimistic, and I believe this is all in the town's interest to continue a contractual relationship by which the League does many of the animal control duties in this town. Does that address your question? FRANK CARLIN: Pretty close to it. Why is it, if the proposal considered in September, it wasn't..? SUPERVISOR WICKHAM: I think the proposal that the papers are referring to is the building. FRANK CARLIN: I'll say, but they're looking for any kind of help, that the Town can give them. SUPERVISOR WICKHAM: They in the Town will be negotiating the .terms of this relationship. They've made a proposal to us. The Town has looked at it. We've had several discussions about it. Two weeks ago, I think it was, Councilwoman Hussie asked to be relieved of that particular responsibility. Councilman Lizewski and I will be coordinating the Town's response to the League's propOsal. In fact, I've given Councilman Lizewski, just today, my suggestions. He and I will get our heads together in the next few days, and I imagine we'll be discussing with the League, and I'm very hopeful, and pleased to move ahead with this important project. FRANK CARLIN: It's very important, and, again, I respect the North Fork Animal Welfare League for what they're doing with these animals, and you know, if this continues on after December, and everything is okay, start to move, you know, within maybe the end of this year, they could have the building up. It would be nice, because right now the dogs are in a pathetic operation there. This is food for thought. In Southold Town in Laurel, on the borderline there, there's a sign that says, Southold Town. That confuses tourism. They stop at my place in the summer, and they come to me, or even truck drivers, they come to me say, am I in Southold Town? No, you're not in Southold Town, you're in Laurel. Southold town is eight miles up. They get confused. That sign should read Southold Township. It gets confused. Many people stop, and they're really not in Southold. Southold is eight miles up the road. You're in Laurel. That can fool people. It would fool you if you're driving, and you never drove in this area before. That sign, in my opinion, should say Southold Township. SUPERVISOR WICKHAM.' Ought to hang a little sign under it, Frank, entering the Village of Laurel. FRANK CARLIN: Entering the Village of Laurel, something, or a sign saying, Southold Town, Village eight miles ahead. Whatever. Another congratulation I'd like to give out tonight. I'd like to give credit where it's due. This time I'd like to give it to the Tax Assessors of Southotd Town. I think they did a nice job ~n working with the State in getting our equalization tax rate increased from 2.46 to 2.78. Now, what this means is that our total assessment represents 2.78% of the Town's total value, not 2.49, which also means that it could mean a little reduction in our County taxes, not too much, b~t a little bit. But, most of all, it can help the State with their funding, increased into our schools, because your equalization is high enough. That makes it a possibility of a school will receive a little more State aid. I think they did a good job on that, and I'd like to congratulate them for doing that. It's very good. It's good to see that there are some people that are working to get our taxes down. A question, is the Town Board considering in their Budget this year, a salary increase? SUPERVISOR WlCKHAM: The question ts, is the Board considering the salary increase this year? I guess you mean for the 1995 Budget? FRANK CARLIN: In this Budget for 1995. SUPERVISOR WlCKHAM: The Budget proposal that I made to the Town Board for Board consideration has no increase in salaries for the Town Board, the Supervisor, the Planning Board, the Trustees, or the Zoning Board. FRANK CARLIN: But, you had one for last year, right? SUPERVISOR WICKHAM: I don't think so. COUNCILWOMAN OLIVA: No, there was none last year. FRANK CARLIN.' You'd better check on that one. I think you did. couNCILMAN LIZEWSKI: Not for three years, Frank. FRANK CARLIN: You didn't get one for three years? I don't believe it. I want to see that in writing. I don't think so. TOWN CLERK TERRY: Call me tomorrow, and I will have a chart. SUPERVISOR WICKHAM: We're not getting rich, Frank. FRANK CARLIN: I'm not saying that, but the answer to Councilwoman Hussie's question, I think she mentioned the raise in Riverhead. Riverhead is getting a raise this year, but Riverhead Town Board hadn't had a raise in two years, and they're taking a 3% raise, I believe, it is, which I think is reasonable. Tom, I missed the public meeting on the Greenport Police takeover. Can I comment a few things on that? SUPERVISOR WICKHAM: This is the opportunity, if you could just keep it brief. FRANK CARLIN: I'll try to keep it as brief as I can, and I went to another meeting, and I couldn't make it. I was here, and it was over with. This summer I took a drive through Southold Town on a Sunday afternoon. It was about six o'clock, and I drove through Southold, and I noticed one person walking on the street, on the sidewalk in Southold. That was six o'clock. I proceeded on to Greenport. Boy, that place was jumping. People were all over the place, Main Street, all over. What I'm trying to get at here is there was no way that one Police Officer is going to handle Greenport, especially in the summertime. There's no way. Now, I want to say something. It's my own opinion now. I have a way I could solve this thing one, two, three. One, two, three, no messing around, one, two, three, and I'll tell you what it is, and see how you like it. tf Greenport wanted us to take over their Police Department, here's my idea of doing it. See how you like it. You take the the nine Police Officers. Here we go. You take the nine Police Officers. You transfer them to Southold Police, but you take the Budget, which is what, $800,000 or $900,000, and you transfer that to Southold Police. Now, you're back where you started, but you still have your Police Department. You don't need a Chief. You don't need a Sergeant, and you don't need anymore Detectives. I can't see, if this ever happened, us in Southold paying any more taxes, if this was to happen. This way you're just taking the Budget, you're shifting it over, you still got your Police Department, you got your Police take the cars, and everything, and it's no problem. That's my opinion of how I would do it. But, let me leave you with one thing, Tom, about a Budget. You're going to have a public Budget meeting, right? SUPERVISOR WICKHAM: We have a series of meetings with the Board, and when the Board agrees, on a Budget, it will go to public hearing late this month. TOWN CLERK TERRY: The hearing will be, I believe, November 3rd, if that's a Thursday. I think it's the 10th. I'm sorry. It's the following - week. It's the Thursday following the General Election. (Tape change.) FRANK CARLIN: I'll leave you with another thing, Tom and the Board, you know to bring down a large tree takes more than one swing of an axe. Think about that. SUPERVISOR WICKHAM: We'll keep that in mind, Is there anyone else who would llke to address the Town Board tonight? (No response.) Any Board members? COUNCILWOMAN HUSSIE': I would like to just clarify something in response to what Mr. Corwin said concerning costs at the dump, or expenses at the dump, or fees at the dump. Presently the .State, the County, and the Village all pay for anything chargeable at the dump. You mentioned that they got in free, They do not. Everybody pays. TOWN CLERK TERRY: The Superintendent no longer controls the regulations at the Landfill. DAVID CORWIN: Can I just speak to that point? I did speak to Mr. Bunchuck. I don't want to get him in trouble. Anything that's chargeable I assume my mean garbage, a bag of garbage. My understanding with my conversation with him, and maybe I was mistaken, maybe I didn't understand him, was that the State and the County bring in limbs, and stuff like that, and are not charged. COUNCILWOMAN HUSSIE: They are charged if they are, I think, over three inches in diameter, and any C&D, and anything like that. Leaves and little twigs are not chargeable to you, or to anybody else, but the larger things are. DAVID CORWIN: My understanding is, maybe it's not Ray Jacobs' responsibility, but apparently he told' the foreman of the Greenport Highway they were going to start charging for leaves. Obviously there's some unknowns here, and need for discussion. SUPERVISOR WICKHAM: I think the key point, that has to be made it is, that the Town is treating Greenport at least as fairly as the State, and the County, or any municipality. Any other Board member who would like to make a comment, or add anything to tonight's meeting? (No response.) If not, I'm ready for a motion to adjourn. Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 9:05 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizew~ki, Supervisor Wickham. This resolution was duly ADOPTED. Southold Town Clerk