HomeMy WebLinkAboutTB-05/20/199399
SOUTHOLD TOWN BOARD
MAY 20, 1993
WORK SESSION
I~resent: Supervisor Scott Louis Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV (11:45 A.M.), Councilman Thomas H. Wickham, Councilman
Joseph J. Lizewski (10:25 A.M.), Counciwoman Alice J. Hussie, Assistant Town
Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:45 A.M. - For Discussion Items: (1) Receipt of proposal for planning services
to the Town Board and Stewardship Task Force by Woodlea Associates. The Board
reviewed the proposed tasks and placed resolution no. 16 on the agenda to accept
the proposal. Councilman Wickham told the Board he would like to look for
additional funding from the Kaplan Fund or other sources, and Board agreed to his
proposal.
1i0:05 A.M. Antonio Massimo met with the Town B'oard to ask for permission to
locate a single family house trailer on his five acre building lot on a private road,
off of Eugene's Road, Cutchogue, while he constructs his new home. He has a
.rental at the present time, which expires on June 30th. Mr. Massimohas a build-
i~g permit, will begin construction immediately, and expects to be in his new home
~efore the six month trailer permit expires. Board approved Mr. Massimo's request
and .placed resolution no. 17 on the agenda.
~0:15 A.M. - For Discussion Items (continued) (2) Question of whether Town
Board wishes to take action at this time on the Reynold & Herman Blum change of
zone petition. Supervisor Harris said he would like to wait for the recommendation
I~rom the Stewardship Task Force on their wineries study. The Town Board's
Planning & Zoning Committee and Agricultural Committee are also reviewing the
,zoning of wineries. (3) Appointment to the Planning Board will be discussed in
Executive Session (at which time the majority of the Town Board wished to
reinterview the applicants). (4) Set public hearing on a proposed "Local Law in
Relation to Shellfish" (see resolution no. 18). (5) Board set 3:00 P-M., June 9th
For .grievance hearings of Police Officer Alan Czelatka and Police Officer Frank
Kruszeski. (6) Authorize Supervisor to sign a Satisfaction of Mortgage for a Home
Improvement Pi-ogram loan (see resolution no. 19). (7) Town Board amended a
)revious resolution and made appointments to the Employees Deferred Compensation
Plan Committee (see resolution no. 20). (8) The Board discussed a letter from
Catholic Charities asking the Board's approval for increasing the occupancy of one
· lpf their community, residences from three to four persons. Supervisor Harris will
~espond by conveying the Town Board's support of the proposal. (9) Receipt
l~_f a Scavenger Waste Treatment Plant update from Cameron Engineering, Inc.
'~50uncilman Penny recommend that the' Town Board conduct an inspection of the
facility before paying the prime contractor for a current construction project. A
date for the inspection will be set and the Board notified. (10) Appointment of
James H. Rich, Jr. as a member of the Southold Town Land Preservation Committee
~see resolution no. 21). '(11) Request from Councilman Penny to provide
,~onsultant Victor Lessard with a Town Code Book (see resolution no. 22). (12-)-
,~ouncilman Lizewski reported on a recent meetinq of the Commerce & Industry
~ommittee, stating that Victor Brown and Thomas ~amuels of the Stewardship Task
flor.ce are working on the sign provisions of the Zoning Ordinance and will be mak-
ing recommendations for proposed changes. They also have made a proposal to
Iprepare a pamphlet delineating the sign provisions of the zoning code. Councilman
penny spoke about a proposal to place directional signs (i.e. "Marina") on Town
~ign posts on a trial basis. Superintendent of Highways Jacobs would be willing
to oversee placement, but the signs can only be installed after Town Board
~pproval. The directional signs would be uniform in color and size for each
~ubject. The Town Board agreed to the concept on a trial basis. (13)
e eappointment of four individuals to the Conservation Advisory Council (see
solution no. 23). (14) Authorize Bay Constable 'to purchase a vehicle from the
Suffolk County bid contract (see resolution no. 24). (15) Justice Edwards spoke
~o the Town Board about a recent request for the Town to pay the 911 line and
radio ink from Fishers Island to Groton, Connecticut. The problem is is that the
cost has increased from $282.27 per month to $1,307.29 per month. There has been
a proposal by the Fishers Island Utility Company for 911 calls to be forwarded to
Southold Town Police Headquarters, and the dispatcher would .then page the firemen
on Fishers Island and the signal would be received by 15 portable radios and over
20 pocket monitors, all of which currently exist. The Town Attorney will research
the background of this matter and work out a resolution of the problem. (16)
Offer of dedication of a19,685 s.f. parcel, along with a 15 ft. access easement in
Tool3ee Realty approved subdivision (see resolution 25. accepting). (17)
Memorandum from Planning Board Chairman Ward to Councilman Wickham, Chairman
of the Planning & Zoning Committee, setting the agenda for the May 25th Planning
& Zoning Committee to discuss the general question of whether past subdivisions
of land by deed in accordance with the zoning of the time may be recognized by
the Town without obtaining current Zoning Board or Planning Board approvals.
The Town Board agreed that this question should be addressed by Planning &
Zoning. Councilman Wickham said he is generally dissatisfied with getting things
on the agenda of various standing committees. There should be a general policy,
or the rules relaxed whereby the Chairman will inform the Town Board rather than
require a majority vote to move forward. Councilman Penny said he feels the
chairman of a committee should come for the Town Board's blessing on any major
topic. Supervisor Harris said he thought there was an informal understanding on
this. The Board finally agreed that major topics to be taken up by standing
committees should be run by the Town Board for their interest. (18) The
question of a custodial worker replacement,.placed on the agenda by Councilwoman
Hussie, will be discussed at a Personnel Committee meeting at 4:00 P.M., Tuesday,
May 25, 1993. (19) Request from the Board of Town Trustees for the Town
Board to approve $5,000.00 in funding which they shall use to survey existing
user-based groundwater regulations. This will be discussed further at the June
1st work session after the Town Attorney has had an opportunity to research the
proposal.
12:50 P.M. - Recess for lunch.
2:40 P.M. Work Session reconvened. The Town Board discussed the request of
former Ordinance Inspector Vincent Wieczorek to be reimbursed for time spent at
the Zahra trial. Town Attorney Arnoff stated that the Town is under no legal
obligation to pay. As for the request of former Principal Building Inspector Victor
Lessard to be paid for return travel expenses from Florida to testify at the Zahra
trial, it:'wa-~-detq~e-d as he would have had return travel expenses regardless of when
he returned from his ' vacation in Florida, however, Mr. Lessard asked for
reimbursement for money expended for lunches for himself and other individuals
attending the Zahra trial, and the Board agreed to reimburse him.
EXECUTIVE SESSION
2:45 P.M. - On motion of Justice Edwards, seconded by Councilwoman Hussie, it
was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman
Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town
Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.---The
Board discussed the pending appointment to the Planning Board and negotiations
of the rate per hydrant for the next five years for the fire hydrant agreement
with the Village of Greenport for the East-West Fire Protection District (see
~esolution no. 27 setting a public hearing).
3:00 P.M. The Town Attorney discussed the bill of Joseph Frohnhoefer for
consulting services to Commissioner of Public Works Jacobs for preparation of bid
specifications for the emergency generators for Police Headquarters and Town Hall.
Mr. Frohnhoefer wishes to be paid $5,000.00 for his services in preparing the
specifications. The Board will meet with Commissioner of Public Works Jacobs to
discuss Mr:.' Frohnhoefer's request.
3:25 P.M. The Town Board reviewed the resolutions to be voted on at the 4:00
P.M. Regular Meeting.
3:45 P.M. - Work Session adjourned.
101
REGULAR MEETING
A Regular Meetin9 of the Southold Town Board was held on Thursday, May
20, 1993, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at L~:00 P.M., with the Pledge of Allegiance to the Flag.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: ! need a motion to approve the audit of the bills for May
20, 1993.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the followinc~ bills be and hereby ordered paid: General Fund
Whole Town bills in the amount of $75,410.73; General Fund Part Town bills in
the amount of $51,464.58; Nutrition Fund bills in the amount of $4,832.30; SNAP
Program bills in the amount of $1,516.05; Community Development Fund bills in
the amount of $5,941.80; Highway Fund Whole Town bills in the amount of
$8,295.52; Highway Fund Part Town bills in the amount 6f $23,061.44; Hydrogeolic
Landfill Study bills in the amount of $27,689.50; Employee Health Benefit Plan bills
in the amount of $38,630.00; E-W Fire Protection District bills in. the amount of
$15,400.00; Fishers Island Ferry District bills in the amount of $12,025.26;
Southold Wastewater District bills in the amount of $21,914.49; Fishers Island Sewer
District bills in the amount of $206.22; Fishers Island Ferry District Agency &
Trust bills in the amount of $296.46.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion to approve the minutes of May 4, 1993,
Town Board meeting.
Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the minutes of the May 4, 1993, regular Town Board meeting be
and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve
next regularly scheduled Town Board meeting.
June 1,
1993, 7:30 P.M., the
Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the next regular meeting of the Southold Town Board will be at
7:30 P.M., Tuesday, June 1,. 1993, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, it's my extreme pleasure to introduce John
Stack, who is the Chairman of the Landmark Preservation Committee, and there's
some special presentation awards, that are going to be made in the next few minutes.
JOHN STACK: I'm going to take these a little out bf order. Originally, I planned
to do them in alphabetical order, but one of the people aren't here. I'll move on.
I'd like to read a citation for the Horton Point Lighthouse. Seafarers traversing
Long Island for well over a century have been guided past Dead Man's Cove by
the Horton Point Lighthouse, which was commissioned by George Washington. It's
10 second sequence has been flashing continuously at this location since 1856, first
from a lighthouse tower built at that time, and then in 1933 from a metal tower
1 0 2 MAY 20, 1993
erected on the property when the original lighthouse was decommissioned by the
U.S. Coast Guard. With the decommissioning the Southold Park District converted
the grounds to a park and stabilized the lighthouse tower, preventing further
deterioration. In 1990 Cliff Benfield was appointed Lighthouse Committee Chairman
by the Southold Historical Society, which maintains the lighthouse under agreement
with the park district. His task was to oversee the Nautical Museum in the light-
house keeper's building attached to the lighthouse tower. Cliff Benfield converted
this museum to a major national attraction with a greatly expanded collection. He,
then, went two steps further, first restoring the lighthouse tower to its original
condition, and then getting the light returned to the tower by the U.S. Coast
Guard. Mr. Benfield "lit the way" in this remarkable example of returning a land-
mark to it's original use. On June 9, 1990, in conjunction with Southold Town's
350th Anniversary, the light in the tower was recommissioned, assuring tha~ Horton
Point Lighthouse will continue to be part of the chain of East Coast Lighthouses
and part of the living history of the North Fork. This Preservation Award is pre-
sented to Cliff Benfield in recognition of his efforts on behalf of the people of
Southold. The Horton Point Lighthouse has once again assumed it's rightful place
as the jewel in the crown of the Southold Town's seven lighthouses.
SUPERVISOR HARRIS: Cliff, would you come forward, please? Cliff, on behalf
of the Southold Town Board, and, certainly, the Landmark Preservation Commission,
who have done a tremendous job in this town since it's inception. We're grateful
for the work you've done. I hope you continue all the good work, and Councilwoman
Alice Hussie has a little presentation for you.
COUNCILWOMAN HUSSIE: You and the committee have a done marvelous things,
and I congratulate you. It's wonde~-ful.
SUPERVISOR HARRIS: Congratulations.
JOHN STACK: The Reeve-Pim House is representative of a Nort. h Fork farm
dwelling. Originally built in the 1700's as a three-bay half-house. The dwelling
changed with time and prosperity. Around 1820 a Federal period side-hall house
was added. Although the first house was put on a fieldstone foundation the
addition was built on a cut granite foundation. A later addition was moved to the
site and attached on the west side. This portion was placed on a brick foundation.
This house demonstrates not only the growth of the Reeve farm but also the changes
in architectural style and materials. The original house was made of hand-hewn
oak timbers and the later ones of sawn pine timbers. The first house was of one-
story construction and the second has three floors. The woodwork of the Federal
Period is evident in this house and has been carefully preserved. The main front
door is a classic. It still has it's original box lock. Originally owned by James
Reeve, the farm extended from the Kings Highway (Main Road) to the Peconic Bay.
James Reeve died in 1830 and left 170 acres including the house to his son Edward,
who died in 1872, leaving the farm to his son Isaiah, who died in 1900. The
property passed to Isaiah's only daughter, Florence Reeve Tilley, who eventually
moved to California and sold the house to Maude L_~'alley in 1924, thus ending the
Reeve family tenure. After Mrs. LeValley's death, the Pims bought the house from
LeValley's son in 1971. It has been a labor of love and .patience to bring the house
to it's present condition. As Connie Pim says, "Remember that even new houses
need to be repainted, get termites, become dusty and require constant attention."
The work of restoration has been going on for 22 years. It continues with the
same painstaking attention to detail that will insure historic integrity and still allow
comfortable living in a charming house. The Southold Landmark Preservation Com-
mission is pleased and proud to have the Reeve-Pim House receive one of its first
Southold Town Preservation Awards.
SUPERVISOR HARRIS: Can I ask James and Connie Pim to come forward? On
behalf of the people of Southold Town, and, of course, the Landmark Preservation
Commission we're pleased to present you with this first award. These awards will
be ongoing for sometime, hopefully with the duration of the Landmark Preservation
Commission, and the good work that they continue to do. On beha f of the people
of Southold, and particularly on the Town Board's behalf, we'd like to thank you
for your care, and loving of our town, and certainly of the property, that you
own, and historic character of which you're trying to maintain and preserve. So,
again, congratulations, and thank you very much.
JOHN STACK: Hermitage Hall and Day Cottage. Hermitage Hall takes it's name
from that of the original settlement, which is now called Peconic. The house was
built circa 1878 by Jessie G. Case. The Darts took possession of the house in
the mid 1980's and they are only the fourth owners of record. At the time of
purchase the house was in dire distress, but did provide generous living space,
and at a reasonable cost. The original plan to clean up fix up and brighten the
interior was amended as they discovered the superb workmanship and charm beneath
the more than a certury of both living and neglect. While preparing the surfaces
for painting, they discovered hidden beneath the layers of time, a rich palette
of Vi'ctorian earth tones and hand-painted fresco portrait medallions beneath the
soot and grime. These discoveries called for a new look and a different plan.
Restoration and reclamation became the way of life that exists to this day. The
results of their labors are readily apparent. Victorian splendor is alive and well
on Peconic Lane, thanks to the continued efforts of Ed and Judy Dart. Unlike
Heritage Hall, the Day Cottage, named for a recent Iongtime owner, was built with
modest intentions, probably as a tenant farmer's house, and may have been moved
to it's present site. It predates its neighbors by about a quarter of a century.
According to Mrs. Day, the house once served as a butcher shop. Once again
the Darts have become ~otally committed to the exploratory process that is part
of owning an old house. This process has led to the restoration and refurbishing
of original wide-plank flooring, wood wainscoting on the interior walls, and the
simple molding employed throughout the structure. On the exterior the Darts
discovered the original board-and-batten siding beneath deteriorated cedar shingles.
The original siding has been refurbished and painted in a Victorian earth tone
that, while not necessarily the original color, is in keeping with the spirit in which
the house was built, and contributes greatly to the character of house and to the
neighborhood.
SUPERVISOR HARRIS: Would Ed and Judy Dart, please, come forward? On behalf
of the Landmark Preservation Commission, and of course, the Southold Town Board,
and the people of South01d, I'm pleased to present you with the Southold Town
Preservation Award. I'm sure that you'll hang this in a place of distinction, and
I congratulate you, and your lovely wife, for the work you've done for the preserva-
tion of the rural heritage of our township.
ED DART: Thank, you, Scott. Owning a old house has brought us to know the
true meaning of blood, sweat, and tears.
SUPERVISOR HARRIS: Ed is, also,we're very fortunate to have Ed as the Chairman
of our Tree Committee in Southold Town, as most of you know, and he does a
tremendous job with the co, mmittee. I'd like to give the Landmark 'Preservation
. Committee, William Peters, Ralph Williams, Robert Bagley, and Robert Kas_sner,
a round of applause, with John Stack, the Chairman.
JOHN STACK: These people with all the work they do, will hope encourage others
to do likewise.
SUPERV,ISOR HARRIS: They can always use the help, and anything that you can
help with the Landmark Preservation Commission, will always be welcome with open
arms. Congratulations again, John. You did a great iob.
I. REPORTS.
1. Southold Town Justice Tedeschi's Court Report for April, 1993.
2. Lawrence Healthcare CSEA Benefit Report for April, 1993.
3. Lawrence Healthcare PBA Benefit Report for April, 1993.
4. Southold Town Dog Shelter Monthly Report for April, 1993.
5. Southold Town Justice Edwards' Court Report for April, 1993.
6. Southold Town Police Department's Monthly Report for April, 1993.
7. Southold Town Board of Trustee's Monthly Report for March, 1993.
8. Southold Town Board of Trustee's Monthly Report for April, 1993
9. Councilmen's Report.
10. Supervisor's Report.
104 1993
I1. PUBLIC NOTICES.
1. Corp of Army Engineers, New York District, application of Strong's
Marina, to construct buldhead and dredge/excavate with attendant backfill in James
Creek, Great Peconic Bay, Mattituck, Town of Southold, Suffolk County, New York.
III. COMMUNICATIONS.
1. Carol O. Ridgway, President of Fishers island Civic Association, regarding
the New York State Motor Vehicles Services for Fishers Island residents
IV. PUBLIC HEARINGS.
SUPERVISOR HARRIS: We have two public hearings scheduled today, one for
4:30 and the other for 4:32, which will be coming up shortly.
1. 4:30 P.M., "A Local Law in Relation to Certificate of Determination".
2. 4:32 P.M., "A Local Law in Relation to Accessory Apartments".
V. RESOLTUIONS.
SUPERVISOR HARRIS: At this time, are there any members of the audience, that
would like to address this Board on any resolution, that we'll be acting upon in
the next few minutes? (No response.) Seeing none, Judge Edwards, why don't
you lead us off with the first resolution of the afternoon?
1.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold-hereby authorizes and
directs the Town Clerk to ,advertise for bids for the sale of nine (9) used Police
Department vehicles in as-is condition.
1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilmar~ Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A comment on this, a number of people have asked me
about these vehicl.es, that wilt be going out for use, and, Judy, I wanted to know
if it was possible if these vehicles could go out individually, instead of as a lump
sum, so people could bid individual? A lot of people said they would have bid
last time for some of the used cars, but they didn't want to buy three at a clip.
TOWN CLERK TERRY: I know, we had a lot of trouble getting rid of them the
last time. I think it's a good idea, myself.
2.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the American Lung Association of Queens, Inc. to use the following Town Roads:
Bay Avenue, Mattituck, and Peconic Bay Boulevard, Mattituck/Laurel, for their
annual fundraising bicycle trek on Sunday, October 10,1993, provided they file
with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming
the Town of Southold as an additional insured.
2.-Vote of the Tow. n Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
'Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris~
This resolution was declared .duly ADOPTED.
3.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Stephanie
Graseck as a seasonal part-time Clerk Typist for the Assessors Office, effective
May 17, 1993 through August 27, 1993, 35 hours per week, at a salary of $6.00
per hour~
3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Satisfaction of Mortgage between
the County of Suffolk and Town of Southold and the North Fork Bank, for a
mortgage dated the 5th day of August, 1986, and recorded in Liber 11964 of
Mortgages, page 182; this matter is part of the Southold Town Community Develop-
men[ Block Grant - Home Improvement Program.
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Lawrence
Healthcare Administrative Services, Inc. to .pay a $40.00 medical bill which was
rejected by Lawrence Healthcare because it was not submitted to them by the
doctor on a timely basis.
5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman /izewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilwoman Hussiec, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Susan
Hallock a~a temporary Stenographer for the Board of Assessment Review, effective
May 18, 1993, at a salary of $7.25 per hour.
6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards,. Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Russell
Pasqualina as an EISEP (,Expanded In-Home Services for the Elderly Procjram) Aide,
effective immediately, 20 hours per week, at a salary of $5.50 per hour.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott iL. Harris to execute a Department of the Army, New York
District, Corps of Engineers Permit for replacement of an existing boat ramp at
the Inner Bay of West Harbor, Fishers Island, New York.
8.~Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JUSTICE EDWARDS: I have one thing I'd like to add here, that this boat ramp
was hinging on the availability of a dredge to dredge the area in front of the boat
ramp. I was told that the dredge arrived on the island on Monday, and so we're
going to 'proceed with this boat ramp. This is a rehab of a ramp, that was put
in I think during my first year as Justice Councilman twelve years ago, and it's
in sad need of repair, and people on the island are-really looking forward to this
revamped boat ramp. Thank you.
9.-M0ved by Supervisor Harris, seconded by Councilman Lizewski, it was-
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1993 Budget to
appropriate Park & Recreation funds for the Peconic Lane Park closing costs:
To:
Revenues:
A2025 Special Recreation Facilities $ 1,564.46
A ppre priations:
A7110.2 Parks, Equipment $ 1,564.46
9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
1 0 6 MAY 20, 1993
10.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of 1,000 tons, more
or less as may be needed, of Sand Mix Asphalt, furnished and applied, all in
accordance with the bid specifications.
10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for an Annual Contract to furnish
and place Asphalt Concrete within the Town of Southold, as may be required, all
in accordance with the bid specifications.
11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris..
This resolution was declared duly ADOPTED.
12.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for 75,000 gall.ons, more or less as
may be needed, of Grades RC-2 and MC-2 Asphalt Road Material for the Highway
Department, all in accordance with the bid specifications,
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Supervisor Harris, seconded by Justi~:e Edwards,
WHEREAS, the Town of Southold maintains an Emergency Preparedness Plan which
has been updated and revised periodically; and
WHEREAS, the Town Board has determined that it is in the best .interest of the
Town to prepare for emergency evacuations and mass casualty incidents by desig-
nating helicopter landing sites within each fire district within the Town, in consulta-
tion 'with each involved district and the local police departments; and
WHEREAS, the Emergency Preparedness Plan should be specifically amended to
include a map depicting and a list identifying potential emergency landing sites
within the Town of Southold for use in emergency evacuations or mass casualty
incidents;, and
WHEREAS, Article 2-B of the Executive Law requires the filing of the Town's
Emergency Preparedness Plan and subsequent amendments thereto with the New
York State Disaster Preparedness Commission prior to December 31, 1993; now,
therefore, be it
RESOLVED that the Town Board hereby amends the Emergency Preparedness Plan
to include the map and list of potential mass casualty landing sites within the Town
of Southold.
13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'm pleased that after months of deliberation, and working
with the fire departments, and amending maps, that we're finally approved by the
.County of Suffolk Department of Preparedness, and of course, working also with
Stony Brook Hospital, and the Medical Evacuation Team, and the helicopter units
from Suffolk County Police, this has all finally come together, and this will really
help the town in case. of a major disaster. This Emergency Preparedness Plan
amendment is something that has been done in other townships on the East End,
because of our proximity to hospitals, especially those that have burn units, and
things like this. This is badly needed, and well overdue, as far as I'm concerned,
well welcome because it's been so overdue. This emergency plan right now is in
the process of being amended totally, also, and updated. So, this is just one more
amendment to that. The Town of Southold is pleased to part in working with the
volunteer fire departments within the township in regard to this amendment.
MAY 20, 1993
107
14.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Sotuhold hereby appoints Andrew
Myslborski and Thomas Cassid¥ as Traffic Control Officers for the summer season,
effective immediately, at a salary of $7.72 per hour.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
closure of Cases Lane, Cutchogue, from 9:00 A.M. to 5:00 P.M., Saturday, July
3, 1993, to permit the CutchogueyNew Suffolk Historical Council to utilize the
area for their 29th Annual Antiques Show and Flea Market, provided they file with
the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the
Town of Southold as an additional insured.
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the ToWn Board of the Town of Southold hereby accepts the
Proposal for Planning Services from Woodlea Associates as consultant to the Southold
Town Board and Stewardship Task Force, all in accordance, with their proposal
dated May 3, 1993, at a total estimated budget not to exceed $22,000.00 as follows,
all in accordance with the approval of the Town Attorney:
Task 1. Background resear'ch and initial meetings = $1,500.00
Task 2. Community Charrette = $5,500.00
Task 3. Regulatory and Non-Regulatory Follow-up = $15,000.00
16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Council'man Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
COUNClLMA~I WICKHAM: I might just add, that this a proposal to accept consulting
services for assistance to the Stewardship Task Force in line with the draft that
they had prepared for us.
17.-Moved by' Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the application of Antonio Massimo for permission to place a house
trailer on his property on a private road off of Eugene Road, Cutchoc3ue~ on a
temporary basis during the construction of a new home at that site, be and hereby
is granted for a six (6) month period.
17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards, Supervisor Harris. Abstain: Councilman Penny.
This resolution was declared duly ADOPTED.
18.-Moved by Councilwoman Hussie, seconded b~ Supervisor Harris,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Shellfish"; now, therefore,
be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, June 1, 1993,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on the .aforesaid proposed Local Law which reads as follows:
A Local Law in Relation to Shellfish
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 77-205E (Clams) is hereby amended to read as follows:
Not more than o~ ~he~nd (1,000) two thousand (2,000)
t~te ~e~k hard clams may be taken from town waters for
commercial purposes in any one (1) day and by one person.
Two (2)' or more persons occupying the same boat may take, in
aggregate, not more than two-~:½ot~$~dr {-~000½ four thousand
(4,000) I~te ~J~-hard clams in one (1) day for commercial
purposes.
II. This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletion(s)
** Understrike represents addition(s)
18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
1 0 8 1993
SUPERVISOR HARRIS: I'd like to add, that this recommendation comes from the
Southold Town Board of Trustees, who voted unaniously on April 29th, to recom-
mend that the Shellfish Ordinance be amended to allow these new commercial
harvest limits. The public hearing, as stated, will be held on June 1st, and
we're looking forward to the comments on this. Thank you.
19.-Moved by Councilman Penny, seconded Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Satisfaction of Mortgage between
the County of Suffolk and Town of Southold, for a mortgage dated May 14, 1984,
and recorded in Liber 10438, page 09; this matter is part of the Southold Town
Community Development Block Grant - Home Improvement Program.
19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilman Wickham, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
resolution no. 1, adopted on July 14, 1987, designating individuals to review
Employees Deferred Compensation Plans and make recommendations to the Town
Board, by replacin9 the CSEA President with CSEA representative Linda Cooper,
all in accordance with the recommendation of CSEA President Lois Atkinson, and
replacing Councilman George L. Penny IV with Councilwoman Alice J. Hussie.
The Deferred Compensation Committee: PBA President, Accountant John Cushman,
CSEA representative Linda Cooper, Councilwoman Alice J. Hussie; and be it
FURTHER RESOLVED that the Town Board hereby appoints Accountant John
Cushman as Chairperson of the Deferred Compensation Committee, effective
immediately.
20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I might add, that proposals have been received already
by the Town Board, and this Board, that has been just been re-enacted has a
lot of work ahead of them, and I wish them God speed, because they're going to
need it, let me tell you.
21.-Moved by Supervisor Harris, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James
H. Rich, Jr. a member of the Southold Town Land Preservation Committee, effective
immediately through July 3, 1993, to fill the unexpired term of Frederick A. Ross;
and be it
EURTHER RESOLVED that upon the expiration of the term of James H. Rich, Jr.
on July 3, 1993, he is hereby reappointed for a full two (2) year term, effective
July 3, 1993. through July 3, 1995.
21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Justice Edwards,Supervisor Harris. Abstain: Councilman Penny.
This resolution was declared duly ADOPTED.
. 22.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
use of a Southold Town Code Book by Victor G. Lessard, Consultant to the Town
with regard to building and zoning matters; and be it
FURTHER RESOLVED that Mr. Lessard shall be provided with the Town Code
updates at Town expenses while he is under contract to the Town.
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the
fol}owing individuals to the Southold Town Conservation Advisory Council, effecl~ive
June 18, 1993 through June 18, 1995: John Holzapfel, Bruce Loucka, Stephen E.
Angell, Robert W. Keith.
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Lizewski.
This resolution was declared duly ADOPTED.
24.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
purchase of a new 1993 four-wheel drive Ford Bronco from Suffolk County Contract
~VB-031194 held by Sayville Ford, Bohemia, New York, deleting the Warn Winch
24.
option, and adding an AM/FM Radio, at a total cost of $16,652.00.
-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.
-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Baord of the Town of Southold hereby accepts dedication
of a parcel of open space in the TooBee Realty Minor Subdivision, located on the
westerly side of Lighthouse Road, $outhold, along the easement 15 ft. in width
by 311.94 feet in length from Lighthouse Road to the dedicated parcel; all in
accordance with the approval of the Town Attorney.
SUPERVISOR HARRIS: This is a parcel of wetlands, freshwater wetlands, in a
low[ying area, which would be in the best interest for the town to obtain. We
are gratefully accepting this as a complete dedication, as a piece of property that
we consider to be sensitive.
25.-Vote of the Town Board: Ayes,: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Country Time Shops Inc., Mattituck, New York, to use the following Town roads
for their run-ride bicycle race on Sunday,. June 27, 1993~ beginning at 7:00 A.M.
and ending at approximately 11:00 A.M., provided they file with the Town Clerk
a One Million Dollar Certificate of Liability Insurance naming the .Town of $outhold
as an additional insured: Elijah's Lane, Oregon Road, Bridge Lane, Mill Road,
Grand Avenue, Wickham Avenue, Tuthill Lane.
26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets z~:30 P.M.,
Tuesday, June 15, 1993, Southold Town Hall, Main Road, Southoid, New York,
as time and place for a public hearing for the purpose of considering a proposed
contract with the Village of Greenport for the furnishing of water for fire protection
purposes by said Village to the Fire Protection District established in the Town
and known as "East-West Greenport Fire Protection District, Town of Southold,
New York", for a term of five years, and for such service the Town shall pay
the Village the following sums: 1993 - $110.00 per hydrant; 1994 - $118.00 per
hydrant; 1995 - $126.00 per hydrant; 1996 - $131.00 per hydrant; 1997 - $137.00
per hydrant.
27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd like to congratulate Councilwoman Hussie for her
deliberations, and negotiations on this contract. She had a number of meetings,
and also, like to thank Assistant Town Attorney Matt Kiernan, who assisted her
in those negotiations. Thank you, Alice.
28.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby orders that
elected officials who have been assigned Southold Town Code Books shall retain
ownership of those books after leaving public office, however, the cost of the
updates shall be the responsibility of the holders of the Codes after they are no
longer in public office.
28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: That is the last resolution of the afternoon. At this time
I need a motion to recess.
Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 4:30 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 5:25 P,M.
SUPERVISOR HARRIS: At this time would the Town Board like to move on the
"Local Law in Relation to Certificate of Determination"?
29.-Moved by Supervisor Harris, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 20th day of April, 1993, a proposed Local Law No. 5 - 1993, "A Local Law
in Relation to Certificate of Determination"; and
WHEREAS, this proposed Local Law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for recommendations and reports;
and
WHEREAS, a public hearing was held on the proposed Local Law on the 20th day
of May, 1993, at which time all interested persons were given an opportunity to
be heard; now, therefore, be it
RESOLVED that Local Law No. 5 - 1993 be enacted as follows:
LOCAL LAW NO. 5 - 1993
A Local Law in Relation to Certificate of Determination
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is' hereby
amended as follows:
1.. Section 100-13 (Definitions) is hereby amended by adding thereto the
following:
CERTIFICATE OF DETERMINATION - A document issued by the
Building Inspector certifying that the proposed business use of an
existing business structure and/or property complies with the
Town's Zoning Code at the date of issuance.
2. Section 100-290(G) os hereby added to read as follows:
G. The Building Inspector, at the request of the applicant, shall
review, and, if appropriate, shall issue a certificate of
determiantion upon the inspection of an existing business
structure and/or property for compliance with the Town's
Zoning Code at the time of issuance. The fee for the issuance
of a certificate of determination shall be set by Town Board
resolutions.
II. This Local Law shall take effect upon its' filing with the Secretary of State.
* Underscore represents additions.
29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham.
This resolution, was declared duly ADOPTED.
COUNCILMAN WICKHAM: I'd just-like to say, that I basically agree with the
Planning Board's comments, and wasn't intended I don't think as a slap against
any other Board, and it wasn't really an arguement, that the Zoning Board's
finding was not accurate. It basically says, if you are going to revise the Code
why not revise it in a way that would give the Planning Board the authority, and
clarify that issue in accordance with the original intent of the comprehensive plan,
etc. So, I basically see things the way the Planning Board see them. I vote
against it.
JUSTICE EDWARDS: I'm going to vote yes, because I think that this determination
belongs in the Building Department. In talking to some of the people out on the
streets, once you get into a site plan through the Planning Board. you sort of
hit a'bottleneck in there, and I think the members of the Building Department can
move this process along a lot faster than if it goes into the planning stage, into
the Planning Board, and thoroughly approve of this law. Thank you.
SUPERVISOR HARRIS: I'd also just like to say, that I appreciate the public input
on the amendment. This has been ongoing for some time, and I'd like to say, that
I am proud of the employees in the Building Department. My employees are Code
Enforcement Officers. That term is not to be taken lightly. The term Code
Enforcement means the whole Code. This Code, ladies and gentleman, is a large
· 111
MAY 20, 1993
voluminous Code. They are charged with the enforcement of this Code, every
aspect of it. They do it on a daily basis. I have the utmost confidence 'n thier
work, and their diligents on a daily level, that they pursue this. This enactment
of this amenoment is going to do nothing more that was stated to reduce to writing.
It will clarify a lot of positions, that will also make it a lot easier for the tracking,
in the future, of various buildings, that are in existence. I want to applaud the
Building Department for the work that they do. Those who have made statements
about whether they are short-handed, whether they're not, you'll find that every
municipal employee has to complain about their work load. It justifies their position.
I appreciate that justification. They work very hard. Their work load is not some-
thing that is taken lightly. The Town Board hears it on a daily basis from all
levels of government. I hear it on the daily level about how much work each of
the departments has to do on an ongoing basis, and as more and more mandates
are passed down to the towns from the State, and the Federal government, more
and more work's put into. the Town to have to comply with these regulations.
These individuals of all departments, Building Department, Zoning Board, Planning
Board, on a daily basis are faced with an unheard of amount of paperwork, just
trying to-comply with regulations that exist outside of the boundaries of this town.
Many of these departments have found it almost impossible to continue on the work
that they have, based on the staffing that this town has provided due to the
economic conditions, and listening to the people of this town trying to hold down
the cost of government. It has to be understood that at some point,that is going
to be able to continue on the vein we've pursued as more and more mandates without
reimbursement in funding come down. This Board has to respond by law. It has
to act, and we have to have the availability of funds to put those people in place
to continue on that avenue. This Local Law was one ~that I don't consider to be
any more than what.they do on a daily routine. This is the Building Department,
their determination (tape change) throught coastal erosi~on. Through all other
processes, that this Town is not responsible for, but would ha~e to have been
enacted in a higher level of government, which they have enforce and adhere to.
This town is very respoosive to the needs of the people. It is also responsive
to the employees in .this town, and the work: loads, and the mandates that are
placed upon 'them. Those who ~hink that this town is working in a sense where,
well, it's just business as usual, have to spend one day in here, and go thrOugh
the departments, and see the unheard of amount of papenwork, that is. being
shuffled and moved 'out of this town to try to comply, and try to fulfill the needs,
not only .of the people of this town, but the needs Of all otl~er entities of government
at a higher level.
30.-Moved by Councilman Penny, seconded by Councilman Wickham,
WHEREAS, ther~e was presented to the Town Board of the Town of Southold, on
the 20th day of April, 1993, a proposed Local Law No. 6 - 1993 entitled, "A Local
Law in Re~lation to Accessory Apartments"; and
WHEREAS, thislproposed Local Law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for recommendations and reports;
and
WHEREAS, a public hearing was held on the proposed Local Law on the 20th day
of May., 1993, at which time all interested persons were given an opportunity to
be heard; now, therefore, be it
RESOLVED that. Local Law No. 6 - 1993 be enacted as follows:
LOCAL LAW NO. 6 - 1993
.A Local Law in Relation to Accessory Apartments
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I.- Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100~13 (Definitions) is hereby amended by adding thereto the
following:
CERTIFICATE OE COMPLIANCE - A document issued by the Buildincj
Inspector certifying that the premises indicated conform to Zonincj
Board of Appeals requirements for bed and breakfast use or
accessory apartment use at the time of issuance.
2. Section 100-31(B)14[k-m) is hereby amended to read as follows:
(k) The certificate of oeetq~-ne~ compliance shall terminate
upon the transfer of title by the owner or upon the owner
ceasing to occupy one (1) of the dwelling units as the owner's
principal residence. In the event of an owner's demise, the
occupant of an accessory apartment may continue in occupancy
until a new owner shall occupy the balance of the dwelling or
one (1) year from date of said demise, whichever shall first
occur.
1,1,2 MAY 20, 1993
(I) All conversion shall be subject to the inspection of the
Building Inspector and renewal of the certificate of
o¢¢upenc~ compliance annually.
(m) The building which is converted to permit an accessory
apartment shall be in existence and have a valid certificate
of occupancy issued prior to January 1, 1984 or proof of
occupancy prior to that date.
I1. This Local Law shall take effect upon its filing with the Secretary of State.
* Underscore represents additions.
** Overstrike represents deletions.
30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
(5:27 P.M., Councilman Lizewski left for an appointment.)
SUPERVISOR HARRIS: I think that's the business now for the afternoon. Let's
move out to the audience, Are there any members of the audience, that would
like to address this Board on any matter that you may feel is pertinent for this
Board to have knowledge of? All the way in the back, Mr. Carlin. Councilman
Llzewski has an appointment he has to get to. Have a good evening, Councilman.
FRANK CARLIN: Frank Carlin of Laurel. I really don't have too much to say
about the paper , but I want to comment on about what was said in it. George
Penny, I took my sign down, and now 1 want TomWickham to take his sign down.
Once that was said, to me in my opinion, it becomes a political football game. If
he would have said,I t~ok my sign down, lchallange everybody in the town to take
their signs down. It's different. There's nothing wrong with Mr. Wickham's sign,
in my opinion. It's about this high. It's been there for years. There's nothing
wrong with George Penny's sign, really. In business you have. to advertise.
You have to use common sense. You know what I'm talking about? Use common
sense. That sign has been there for ten, fifteen years. It out of the way. It
doesn't bother anybody. The only reason why this mountain was made from a
molehill on ~igns is because, in my opinion, again, it's election year. In an election
year when you're an elected official, you don't want waves to be made to rock the
boat. The old saying is, if you want something done, ask for it in an election
year, otherwise forget about it. Now, you got to use common sense here. If you're
not going to use common sense, then I don't want to see any political signs up,
posters stapled to the telephone poles during e~ection season. I don't want to see
any political signs along the State highway during election season, and I don't
care what Joe Townsend says about this was a gentlemen's agreement through the
years. There's no such thing as a gentlemen's agreement, when it comes to signs,
or anything else in the town. It is either right, or wrong. If not enforced that,
if you're cjoing to enforce it, and you allow this to happen, then you have a double
standard, or it's discrimination. So, it's either one way or the other. We ~vant
open space in this town. Fine. We want tourism in this town. Fine. But, yet,
on the other hand, you got some organizations, or some people, say, too much
traffic. You can't have your cake, and eat it at the same time. As far as open
space goes, never worry about Southold Town ever not having .any open splice,
because I'll tell you why, because everyone that's moving in, one is moving out.
You go down Southold town, there's more real estate signs in Southold town~ for
sale signs, than there is in any one town in North Fork, or Southampton Town.
Now, I live in the zone, thatJs zoned agriculture and conservation. So, that means,
that I have the same rules applied to me as farmers do, or vineyards. Okay? We
got to use common sense with these signs. We got to have a business created in
this town. We can't pay our taxes without creating business, and without having
some signs. So, if you're going to enforce it, enforce it. I believe .n what you
said, Scott Harris, 100%, that this is blown out of proportion. It became a mountain
from a molehill Sure there's has to be some control of signs, again, and I stress
again, common sense. Let the people have their business, and run their business
within reason. Don't be acting like George. He says, he don't want to a Gestapo
type of operation here. I can't see this, again, starting, and it's not my subject
this time, but it will be in the future. I can see the same issue starting up now,
again, as the Burger King issue. I got plent~y to say about that, too, but not
this time~ Thank you.
SUPERVISOR HARRIS: Is. there anybody else, that who would like to speak to
the Board in reference to any matter?
MAY 20, 1993
113
MARGARET BROWN: I'm Margaret Brown, and I seem to be the only person here
from the Transportation, a joint committee of the Planning Conference in the Task
Force, and at your last Board meeting, you wanted us to have a public meeting
of the people, that would be involved with, and affected by the scenic road
designation, and I thought that Mr. Hilary was going to speak to ?ou all about
it, and in the meantime, at this morning's Work Session, now, I understand, that
Alice said the two dates that we offered weren't appropriate, the second and the
ninth, and we found out that we can, in deed, have Mr. Urban come on the tenth,
and that's a Thursday, and we would like to, with your permission, offer the
tenth at 7:30 as the public meeting date. I don't know if you have to make formal
decisions at that, Or if you sort of have to know about it.
SUPERVISOR HARRIS: Councilwoman Hussie?
COUNCILWOMAN HUSSIE: We don't have to make a formal, any formal decision
on that. It's not going to be held on Town Hall property, and it's going to be a
hearing, or the information is going to presented by the Task Force? It's going
to be at East Marion Communi_ty Center. Is that not correct?
MARGARET BROWN: I believe the space is filled.
COUNCILMAN WICKHAM: Scott, wouldn't we want to have a resolution appropriating
a litUe money to advertise it in the newspaper.
SUPERVISOR HARRIS: It was assigned to Councilwoman Hussie to investigate,
and come back to the Board, and we're waiting for her determination today, as
you know.
COUNCILMAN WICKHAM: Yes, but if we did it today il~'would be timely;Wecould get
it in the papers.
SUPERVISOI~ HARRIS: We haven't had time to find out if everybody's schedule
is free. That's the problem we had with the other two dates.
COUNCILWOMAN HUSSIE:We could do that by phone,, could we not? Certainly, it's
a small amount of 'money.
COUNCILMAN WICKHAM: II?sgot to be done~ it' seems to me before the next Town
Board meeting.
TOWN ATTORNEY ARNOFF: If in fact the Board agrees to it, you. can put on
sort of a retroactive resolution. It's been dcne with people going to lunch at
conference, and things like that.
COUNCILMAN WICKHAM: Why don't we canvas right now to see if there's agree-
ment to date.
COUNCILWOMAN HUSSIE: The date is June 10, at 7:30. How does that feel for
everybody. It's a Thursday. It's fine with me.
SUPERVISOR HARRIS: Joe is not here. Alice, it was assigned to you to investi-
gate with some information, and we'll get the information from you.
COUNCILWOMAN HUSSIE: AS far as the advertisement is concerned, I think we
can do that retroactively.
SUPERVISOR HARRIS: Councilman Penny has something he wants to say.
COUNCILMAN PENNY: I would like to publicly thank Gary Fish for the work,
that he has done in enforcing the Sign Ordinance. The same day, or the day
following the fact that there was a front page headline in one of the local papers,
sugcjesting that the Building Department was not going to enforce the sign code,
I met Gary the following morning. He was already out doing just that. If you've
driven through this town, you'll see the commendable job that he has done. He
has removed a volume of signs by asking people nicely to, please, comply with
our wishes. He's also been gentle enough with people, that he has allowed them
as our amnesty allows them to have one per property. So, in spite of the fact,
there were reservations with people about how the business community would
react to this, I think the business community, and Gary Fish, working together
r. eacted very positively. It just cjoesto show you that by working with people
sometimes you can really 'get a long way, and it seems to be a great effort of
1 1 4 MAY 20, 1993
community spirit, Gary, and I want to thank you publicly for your efforts. The
comments, that I have gotten back, have all been positive.
SUPERVISOR HARRIS: That goes for the Board as whole, Gary. Councilwoman
Hussie?
COUNCILWOMAN HUSSIE: You took the words out of my mouth, George. I wanted
to say the same thing to you, Gary. I also have something else to say concerning
Building Inspectors. There was some comment, and unfortunately the people that
made the comment are not here, about the fact that they were overworked. Now,
I certainly don't think that they are underworked, howeverr I'¥e been tracking
the reports, that the Building Department gives inw and I will tell you that since
1990 the number that applications, etc., has been reduced by 30% in the Building
Department, and at the same time, we had actually as someone mentioned reduced
the work force by only 25%, but still people like you, Gary, and the others are
doing a wonderful job, and unless I hear something to the contrary I don't., you
don't feel overworked, do you?
GARY FISH: I don't think that statistics necessarily reflect what goes on.
SUPERVISOR HARRIS: That's true.
GARY FISH: You really can't judge what happens. There'~s a lot of phone calls.
There's a lot of people coming in asking questions.
COUNCILWOMAN HUSSIE: I understand thatt but at the same time I also take
objection to somebody saying, that t~ey'reoverworked, based on what? Or that they
will not be able to do something.
GARY FISH: I will say.there is an ample amount of work.
COUNCILWOMAN HUSSIE: I'm sure there is, and you're doing it perfectly well.
SUPERVISOR HARRIS: There's a motion to adjourn.
Moved by Councilman Wickham, seconded by Supervisor Harris r it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:45 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Southold Town Clerk