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HomeMy WebLinkAboutTB-06/15/199313(:, SOUTHOLD TOWN BOARD JUNE 15, 1993 WORK SESSION 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 Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. 9:45 A.M. For Discussion Items: (1) Proposed resolution authorizing the Supervisor to execute Satisfactions of Mortgage and/or Subordination Agreements (see resolution no. 19). (2) Further explanation and discussion with Justice Edwards regarding the 911 charges from AT&T, and a letter from the Fishers Island Fire District expressing their hope the 911 service not be jeopardized. Justice Edwards has developed a proposal for an answering service on Fishers Island that would save over $700 a montf~. He will ask Communications Officer John Raynor to prepare a cost analysis for solving the problem. Councilman Penny suggested contacting our State representatives to find out if they would introduce legislation in Albany for emergency service to Fishers Island. (3) Discussion with regard to a request from Kevin McLaughlin, attorney for Richard Goodale, for a change to the Zoning Code to permit the "sale of used vehicles" without the necessity of doing so as accessory to the sale of new vehicles. Back in December, 1992, it was agreed that the Planning and Zoning Committee would address the question, as well as asking the Stewardship Task Force to possibly put it on their questionnaire. Councilman Wickham said he would take this up with the Planning and Zoning Committee and the Stewardship Task Force, and should have a recommendation by August. (4) Letter from Richard J. Cron, Esq. requesting a letter from the Town Board or other appropriate agency, stating that the roads in his"Farmveu .Ass.gciates Subdivision" would be accepted by the Town upon acceptable completion in accordance with the Southold Town highway specifications. Town Board authorized Assistant Town Attorney Kiernan to respond to Mr. Cron in the affirmative. (5) Reappointments to the Southold Town Land Preservation Committee (see resolution no. 21). (6) Authorize Town Clerk to advertise for resumes for the Land Preservation Committee to fill a vacancy (see resolution no. 22). (7) Propqsal to consider a petition for street improvements in the "Southold Shores Subdivision". Mr. Don Baylis, who coordinated the petition and obtained most of the signatures, was present during this discussion. The Board agreed to set a date for the public hearing on this matter (see resolution no. 20). (8) Proposal to renew the Town's annual agreement with William F. Mullen, Jr., Insurance Consultant (see resolution no. 23). (9) The Board discussed pending change of zone petition of William Gasser and The American Armoured Foundation, Inc. at Mattituck. Councilwoman Hussie ' said she would like to see_a plan for screening the property, providing sufficient parking, and minimal noise and lights. Councilman Penny stated that he would like to see the tower, a historic structure, moved to the rear portion of the property. All Board members agreed the aforesaid proposals should be incorporated into covenants and restrictions before the change of zone is granted. Councilman Wickham said he would like the Planning Board to have input on the proposed covenants and restrictions. The Board members will submit their proposals for the C&R's to the Town Attorney. (10) Discussion of the Yard Waste contract with Dvirka & Bartilucci. Councilwoman Hussie an~t Councilman Wickham relayed the recommendation of the So.lid Waste Task Force that it is necessary for D&B to conduct a portion of Task 5 in their proposal, which would include economic analysis, conceptual design and cost analysis, before they can complete Task 4 (see resolution no. 24). (11) Councilman Penny said he would like to bring down the consultant, JUNE 15, 1993 131 Joel Russell, and sit down with Chairman of the Stewardship Task Force, Richard Hilary, and discuss their proposed questionnaire so they can get it out and obtain the needed base data from the community. Councilman Lizewski said he is very unhappy with the format of the questionnaire and would very much like to meet with those responsible on the Task Force and discuss it in depth. Councilman Wickham said that the Task Force was never in favor of a questionnaire, and further, he does not think this is the proper time for it. Supervisor Harris will write to Mr. Hilary and arrange a date for the Board to meet with the Task Force. (12) Bill for consulting fee discussed in Executive Session. EXECUTIVE SESSION 12:40' P.M. On motion of Councilman Lizewski, 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 litigation and amending contractual agreements. 1:15 P.M. - Board reviewed resolutions to be voted on at the 4:00 P.M. Regular Meeting. 1:25 P.M. - Work Session adjourned. REGULAR MEETING A Regular Meetin9 of the Southold Town Board was held on Tuesday, June 15, 1993, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:00 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: I need a motion,to approve the minutes of June 1, 1993. Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the minutes of the June I, 1993, regular Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Councilwoman ~lussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 1 3 2 J.NE 15, 1993 SUPERVISOR HARRIS: I need a motion to approve the audit of the bills of June 15, 1993, Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the followincj bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $52,413.31; General Fund Part Town bills in the amount of $56,565.90; Nutrition Fund bills in the amount of $4,730.42; Adult Day Care bills in the amount of $274.13; EISEP Program bills in the amount of $231.80; Community Development Fund bills in the amount of $2,330.50; Highway Fund Whole Town bills in the amount of $10,985.68; Highway Fund Part Town bills in the amount of $34,887.61; Waterfront Revitalization bills in the amount of $i,083.10; Employee Health Benefit Plan bills in the amount of $31,368.68; Fishers Island Ferry District bills in the amount of $32,889.77; Southold Wastewater District bills in the amount of $1,008.73; Fishers Island Ferry District Agency & Trust bills in the amount of $430.95;SNAP Program bills in the amount of $2,411.55. 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 the next Town Board meeting set for June 29, 1993. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the next regular meetincg of the Southold Town Board will be at 7:30 P.M., Tuesday, June 29, 1993, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Counciln~an Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: As we proceed,ahead today, we have four public hearings this afternoon, that we'll be starting at 4:30 on through 4:37. I. REPORTS~ 1. Southold May, 1993. 2. Southold 3. Southold 4. Southold 5. 'Lawrence 6. Lawrence 7. Southold 8. Southold 9. Southold 10. Sou thold Town Scavenger Waste Treatment Facility Monthly Report for Town Justice Tedeschi's Court Report for May, 1993, Town Building Department Monthly Report for May, 1993. Town Clerk's Monthly Report for May, 1993. Healthcare CSEA Benefit Report for May, 1993. Healthcare PBA Benefit Report for May, 1993. Town Planning Board Monthly Report for April, 1993. Town Planning Board Monthly Report for May, 1993. Town Justice Edwards' Monthly Court Report for May, 1993. Town Dog Shelter Monthly Report for May, 1993. 11. Southold Town Police Department Monthly Report for May, 1993. 12. Supervisor's Budget Report for May, 1993. 13. Councilmen's Reports. 14. Supervisor's Report. II. PUBliC NOTICES. 1. New York State Department of E~nvironmental Conservation, Notice of Determination of Non-Significance of application by Robert Cockerill to install float and r~amp at Willow Point Road, Willow Point Association, Southold, New York. 2. State of New York Department of Transportation, Notice of Order to establish a "No Stoppincg at Anytime" on the south side of Route 25 at Oaklawn Avenue 110+ feet west on west curb line of Oaklawn Avenue, and 30+ east of east curb line of Oaklawn Avenue. III. COMMUNICATIONS. 1. Susan E. Tasker, wife of the late Town Attorney Robert W. Tasker, thanking the Supervisor, Town Board, and Mr. Franklin Rich. for honoring Robert Tasker with the dedication of the Robert W. Tasker Memorial Park. JUNE 15, 1993 133 IV. PUBLIC HEARINGS. 1. 4:30 P.M. on the proposed contract with the Village of Greenport for furnishing water for fire protection purposes in the "East-West Greenport Fire Protection District". 2. 4:32 P.M. on a proposed "Local Law in Relation to Building Setbacks adjacent to Water Bodies and Wetlands". 3. 4:35 P.M. on a proposed "Local Law in Relation to Excavations" 4. 4:57 P.M. on a proposed "Local Law in Relation to Special Exception Uses". V. RESOLUTIONS. SUPERVISOR HARRIS: Are there any members of the audience, that would like to address this Board on any resolution, thiat we'll be acting upon in the next minutes? (No response.) If not, Councilwoman Hussie, would you please start with the first resolution? 1.-Moved by Counciiwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to Linda J. Cooper, representin9 the Town Clerk's Office, to attend a Sporting License Issuance Seminar, sponsored by the New York State Department of Environ- mental Conservation, on June 21, 1993, from 9:30 A.M. to 12:30 P.M., at Stony Brook, New York, and the actual expenses for meal and transportation, using a Town vehicle, shall be a legal charge to the Town Clerk's 1993 Budget. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewsl~i, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin9 1993 Budget modification to the General Fund - Part Town to transfer donated Funds for D.A.R.E. items from Agency & Trust: To: Revenues B2705 Gifts & Donations $ 60.00 Appropriations B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 60.00 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Irene Oliver as a Driver for the Nutrition Program, effective May 26, 1993, 20 hours per week, at a salary of $5.10 per hour, and as an EISEP Aide for the Expanded In-Home Services for the Elderly Program, effective June 16, 1993, 10 hours per week, at a salary of $5.50 per hour; Ms. Oliveris is subject to review by the Personnel Committee. 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 Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Russell .Pasqualina as an E~SEP Aide for the Expanded In-Home Services for the Elderly Program, effective May 24, 1993, 20 hours per week, at a salary of $5.50 per hour, and as a substitute Da,/ Care Aide and Van Driver, on an as needed basis, total hours per week not to exceed 29 hours, salary, for these positions to be paid through the appropriate Senior Services budget. 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. ~' 1 3 4 JUNE 15, 1993 5.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby amends their agreement with John J, Clavin, part-time Bay Constable for the waterways i'n and about the Town of Southold at Fishers Island, by adding his Fishers Island Harbor- master position and salary to this agreement. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, SUpervisor Harris:. This resolution was declared duly ADOPTED. 6.-Moved by Councilman Penny, seconded by Councilman Lizewski, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Envrionmental Quality Review Act, and 6NYCRR Part 6i7.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted acti0o, has deter- mined that there will be no siqnificant effect on the environment. DESCRIPTION OF ACTION: Pipes Creek Shore Access Project: The Town of Southold proposes to construct a concrete block walkway and wood walkway to provide public access to Pipes Creek and Peconic Bay. The Town will hand prune the pathway to a width of six (6) feet. All construction in the project area will have little or no impact on the environment. All construction work will be above mean high water. This project has been determined not to have a significant effect on the environment because an Environmental Assessment For~ has been submitted and reviewed and the Town Board has concluded that no significant adverse affect to the environment is likely to occur should the project be implemented as planned. 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 Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the issuance of a check in the amount of $200.00, payable to the New York State Department of Environmental Conservation, which sum represents the NYS-DEC permit fee for the Pipes Creek Shore Access Project. 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 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: To: _ - Revenues: A2025 Special Recreation Facilities $ 4,970.00 Appropriations: A7110.2 Parks, Equipment $ 4,970.00 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. 9..-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to e~ecute an acceptance of the award of grant funds by ~he New York State Affordable Housing Corporation under the Affordable Home Ownership Development Program to the Town of Southold for the project known as Southold Villas Project, all in accordance with the approval of the Town Attorney. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Justice Edwards, Supervisor Harris. Abstain: Co. uncilman Penny. This resolution was declared duly ADOPTED. JUNE 15, 1993 135 10.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Subdivision Performance Bond for Summit Estates, major subdivis.on at East Marion, in the amount of $458,475.00, all in accordance with the Town Board's resolution of June 1, 1993 approving said amount as approved by the Southold Town Planning Board and Engineering Inspector Richter. 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 Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followin9 1993 Lifeguards, Water Safety Instructors and Beach Attendant-,, at the following salaries: LIFEGUARDS Kira Gallagher (2nd year) $7.69 per hour Jeremy McCavera (Sth year) $8.48 per hour Jon Pulz (3rd Year) $7.95 per hour Thomas Tellez (2nd year) $7.69 per hour Victor Santagato (2nd year) $7.69 per hour Westley Kujawski (1st year) $7.42 per hou~ Rob Stepnowski (1st year) $7.42 per hour James McLaughlin (1st year) $7.42 per hour WATER SAFETY INSTRUCTORS Nell Theisen (1st year) $12.00 per hour Angela Fioravantes (2nd year) $13.00 per hour BEACH ATTENDANTS Colleen Finnerty (2nd year) $5.99 per hour Jonathan Pearlstein (3rd year) $6.15 per hour Allison Rysko (2nd year) $5.99 per hour Ryan Springer (2nd year) $5.99 per hour Jennifer Cherepowich (1st year) $5.83 per hour BEACH MANAGERS Arthur Quintana (Sth'year) $10.00 per hour, plus mileage Valentine Stype (1st year) $50.00 per day , plus mileage 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 Councilwoman Hu-ssie,~ seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of June, 1993, a proposed "Local Law in Relation to Detached Dwelling"; 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; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, June 29, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin9 on this proposed Local law, which reads as follows: A Local Law in Relation to Detached Dwelling 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 $outhold is hereby amended as follows: 1. Section 100-101 (B) (Use Regulations) is hereby amended by adding the following: 15. One-family detached dwellinqs, not to exceed one (1) dwellin~ on each lot. II. This Local. I_aw shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Justice Edwards, Superyisor Harris. No: Councilman Wickham. Abstain: Councilman Penny. This resolution was declared duly ADOPTED. (Councilman Penny advised the Board that he has a potential conflict of interest with regard to this proposed "Local Law in Relation to Detached Dwelling". He owns a building in a business zone on Route 48 in Southold, which is for sale, and there is a possibility the purchase might wish to live in it. He said he will abstain on any vote with regard to this proposed Local Law.) 1 3 6 Ju.E 15, 19,3 COUNCILMAN WICKHAM: I'd like to just say, that I regard this proposed law as a step backward for the Town. I think we should be trying to strengthen the business zones, and the operation of businesses in the village centers, and I see this as a weakening of the kind of support that the Town should be providing for the business community, so I vote, no. SUPERVISOR HARRIS: And once, again, I'm going to have to say, that this is not government by Mr. Wickham. This is government by the people. We're allowing the public to have input at a public meeting, which we said, which will always allow us the opportunity to make a reserved decision based on the public hearing once it has been convened, and once, again, we have an individual who's voting against the public h~_vin9 input into an amendment of a Local Law, before the public has an opportunity to address the ~ssue. Thank you. 13.-Moved by Councilman Penny, seconded by Councilman Lizewski, WHEREAS, there was presented to the Town Board of the Town of Southold, en the 1st day of June, 1993, a proposed "Local Law in Relation to Exceptions to Yard Recluirements"; 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; now, therefore, be it RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday,, June 29, 1993, Southold Town Hall, Main Road, Southold, New York, as time anQ place for a public hearing on this proposed Local Law, which reads as follows: A Local Law in Relation to Exceptions to Yard Requiremer~ts BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zonin§) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-230 (C) (Exceptions and Modifications) is hereby amended as follows: (2) Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than ei~l~ ~8~ six (6) feet wide and extending not more than six- {6} five (5) feet out from the front wall of the building, shall be exempt from the require- ments of this section when the building otherwise complies with the regulations of this section. In computing the average setback, the presence of such entries shall be ignored. (3) Permitted projections. In any district, chimneys on residential, public or semipublic buildings may project into a required yard to the extent of not more than two (2) feet. In any residential district, terraces or steps u~ pc,;-ctmes may project into any required yard, provided that no part thereof is nearer than four (41 feet to any lot line. II. This Local Law shall take effect upon its filin9 with the Secretary of State. * Overstrike represents deletion(s) ** Understrike represents additions(s) · 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. 14.-Moved by _Councilman Wickham, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of June, 1993, a proposed "Local Law in Relation to Fees for Siren Permits"; 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; now, therefore, be it RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, June 29, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinc, l on this proposed Local Law, which reads as follows: A Local Law in Relation to Fees for Sign Permits BE IT ENACTED, by the Town Board of the Town of Southold as fol!ows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-21 (Applicability; permit required; application; approval; fees.) is hereby amended by deleting the following subsection in its entirety. No -s~9-n 1ocrmi-t ~ihet+ be ~ucd ~r-~ pay~ efa ~ ~ty fi~e ~ ~.~ ~ ~ua~e foot~ ~9~ ~, ~tq~ cvcnt ~HaH s~ ~ I1. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) l~.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penn,/, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Councilman Lizewski, seconded by Justice Edwards, WHEREAS, there was apresented to the Town Board of the Town of Southold on the 1st day of June, 1993, a proposed "Local Law in Relation to Hotel of Motel Resort"; 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; now, therefore, be it RESOLVED that the Town Board hereby sets 8:07 P.M., Tuesday, June 29, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin9 on this proposed Local Law, which reads as follows: A Local Law in Relation to Hotel or Motel, Resort 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: Section 100-13 (Definitions) is hereby amended by adding thereto the following: HOTEL OR MOTEL, RESORT ~ A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleepin9 quarters for transients-on a daily rental basis or for vacationers or' other persons on a weekly rental basis, provided that one (1) such unit may connect directly with not more than (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. Each unit may be equipped with cooking facilities. In permittinq the installation of cookin9 facilities, however, the Town Board wishes to insure that resort motels or hotels do not become permanent residences. To assist in preventing this occurrence, periodic inspections of these premises by the Buildin9 Inspector as well as the filin9 of covenants and restrictions restrictin9 these facilities from becomin9 permanent residences shall be required by the Town in 9rantin9 approval for this use. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or swimming pool, conference and meeting facilities or an accessory convenience shop, office or personal service facility, -provided that such facility or shop is located within the building without.any external Ign or c~lsplay and off-street parking facilities. The term "resort motel" sh~ali not be construed to include "transient motel" or "mobile home park." II. This Local LaW shall take effect upon its filing with the Secretary of State. ** Underscore represents addition (s) 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor 'Harris. This resoluti0n was declared duly ADOPTED. 16. -Moved by Justice Edwards, seconded by Councilman Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 1st day of June, 1993, a proposed "Local Law in Relation to Definitions"; and WHEREAS, this praposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, June 29, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinq_ on this proposed Local Law, which reads as follows: A Local Law in Relation to Definitions BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-!3 (Definitions) is hereby amended by adding thereto the following: BULKHEAD A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. RETAINING WALL A structure or barrier the intended use for which is to separate and act as a barrier between two areas of earthen material. II. This Local Law shall take affect upon its filing with the Secretary of State. **-UJ~der. score~ ~e:l~resents addition(s) 16.-Vote of the 'l'own Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Southold Town Beach Attendants to be supplied with a petty cash fund in the amount of $34.50 per attendant, to enable them to make change due to tax that is charged for each permit; check to be made payable to Recreation Director Richard Hilary; charge to be made to A210, Petty Cash. 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to issue Beach Parkinq Permits, free-of-charge, to the following summer employees, provided they have their own vehicles: Beach Attendants, Beach Managers, Lifeguards, Water Safety Instructors. 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. 19.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, the Town of Southold, in conjunction with the North Fork Housing Alliance and the County of Suffolk, has given Home Improvement Loans, which are secured by a mortgage, to qualified Town residents over the years; and WHEREAS, under the terms and conditions of some of these loans, the mortgage is deemed either: (I) automatically satisfied after five years, provided the mortgagee has retained ownership of the premises during that period or (2) repayable upon the sale of the mortgaged premises; and WHEREAS, from time to time the Town has been requested by the mortgagee to execute either a Satisfaction of Mortgage or a Subordination Agreement for these mortgages for the purpose of sale or refinancing; and WHEREAS, the logistiCs of arranging for a Town Board resolution authorizing the Supervisor to execute such documents have created difficulties for the mortgagee, in meeting time commitments on new mortgages; and JUNE 15, 1993 139 WHEREAS, the Town Board believes it is in the best interests of both the Town and the mortgagees that a blanket resolution authorizing the Supervisor to execute Satisfactions of Mortgage and/or Subordination Agreements, upon the approval of the Town Attorney, be adopted; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that the Supervisor is authorized to execute Satisfaction of Mortgages and/or Subordination Agreements with regard to the above' loans, upon the approval of the Town Attorney, provided, however, that the amount of the mortgage is $10,000 or less. 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 Counci!man Penny, seconded by Justice Edwards, In the Matter : of : The petition of the owners of more than one-half : of the real property fronting on Albacore Drive, : Blue Marlin Drive and Dolphin Drive for the : improvement of said roads. : Order for Meeting to Consider Petition for Street Improvements. WHEREAS, a written petition, dated July 20, 1992, was heretofore duly filed with this board pursuant to Section 200 of the Town Law of the State of New York for the improvement of highways in said town known as Albacore Drive, Blue Marlin Drive and Dolphin Drive, in the Town of Southold, and shown and designated on a certain map entitled "Map of $outhold Shores", surveyed by Otto W. Van Tuyl, Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on August 29, 1963, as Map number 3853, and this day filed in the Office of the Southold Town Clerk, by the permanent pavement of such portion thereof as may be necessary, and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary; and whereas it duly appears that such petition has been duly signed by the owners of real property owning at least one-half of the entire frontage or bounds on both sides of said highway; and whereas it duly appears that such petition was also duly signed by resident owners owning not less than one-half of the frontage owned by resident owners residing in or along such highway; and whereas such petition was duly acknowledged or proved by all the signers thereof in the same manner as a deed to be recorded; and whereas-the maximum amount proposed to be expended for the improvement of said highways as stated in the petition is the sum of Twenty- Five Thousand Dollars ($25.000.00), it is pursuant to the provisions of said Section 200 of theTown Law of the State of New York, hereby ORDERED that the Town Board of the Town of Southold, Suffolk County, New York shall meet at the Southold Town Hall, at Southold in said Town on the 13th day of July, 1993 at 4:30 o'clock in the afternoon of that day, for the purpose of considering the said petition and hearing all persons interested in the subject thereof concerning the same. 20.-Vote of the Towp Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Richard Ryan and John Simicich as member of the Southold Town Preservation Committee, for two (2) year terms, effective July 3, 1993 through July 3, 1995. 21.-Vote of th-e Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-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 resumes for one ('1) member o'f the Southold Town Land Preservation Committee to fill the vacancy which occurred when Gerald Dennehy declined consideration for reappointment. 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. 1 4 0 15, 1993 23.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby renews their agreement between the Town of Southold and William F. Muller, Jr. as .the Town's Insurance Consultant, effective July 1, 1993 through June 30, 1994, at an annual fee of $20,340.00, payable in twelve (12) monthly payments of $1,695.00; Mr. Mullen to provide complete insurance consulting services for the Town of Southold. 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Ovirka & Bartilucci to conduct a portion of Task 5 in their proposal to the Town for services related to the Town's composting proposal; and that Dvirka & Bartilucci use the information from this task in completing their work already authorized under Task 4; and be it FURTHER RESOLVED that these services are authorized at an additional cost not to exceed $16,000.00 in accordance with the Dvirka & B. artilucci proposal, with the exception that Dvirka & Bartilucci will render an informal report summarizing their views on Task 4 by July 15, 1993; said report to include economic and cost information. 24.-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 Councilman Lizewsl~i, 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 change order for a new well, pump, and hook-up for the Human Resource Center, Pacific Street, Mattituck, at a total ' cost of $4,772.50, and an additional amount of $1,950.00 for the application of spray stucco to the outside of the building. 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 Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby waives the entrance fee at the Norman E. Klipp Marine Park, Greenport, on Saturday, June 26, 1993, for the members of The Antique and Classic Boat Society, Inc., provided they submit ACBS Membership identification at the entrance, and indemnifies the Town Of Southold from any liability with respect to safety of their equipment. 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. SUPERVISOR HARRIS: At this time the Town Board would like to move into the public hearing process of our meeting, so I need a motion to recess. Moved by Councilman Penny, seconded by Councilman Wickham, 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. Meetincj reconvened at 4:50 P.M. 27. -Moved by Supervisor Harris, seconded by Councilman Lizewski, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of May, 1993, Local Law no. 8 - 1993 entitled, "A Local haw in Relation to Buildincj Setbacks Adjacent to Water Bodies and Wetlands"; and WHEREAS, recommendations were received from the Southold Town Planning Board and Suffolk County Department of Planning with regard to this proposed Local Law; and JUNE 15, 1993 141 WHEREAS, a public hearing was held on this proposed Local law on the 15th day of June, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts Local [_aw No. 8 - 1993, which reads, as follows: LOCAL LAW NO. 8 - 1993 A Local Law in Relation to Building Setbacks Adjacent to Water Bodies and Wetlands 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 100-239.4(A)(3) is hereby added to read as follows: Buildincjs which are proposed landward of existing principal dwellinc, ts shall be exempt from the requirements set forth in A(1) and A(2) hereof. 2. Section 100-239.4(C) is hereby amended to read as follows: C. All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, which ever is greater. The following exception will apply: 1. Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code .of the Town of Southold. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) 27.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Hussie, Councilman Wickham. This resolution was declared duly ADOPTED. COUNCILMAN WICKHAM: I believe that the procedure, that's in place now, is quite adequate by which application can be made to the Zoning Board, and there's no evidence that the Zoning Board does not rule appropriately on those applica- tions, that have been. So, I don't regard this as needed. COUNCILMAN PENNY: Can I make a comment at this time, regarding the Zoning Board of Appeals? The Zoning Board of Appeals at our Legislative Committee is the one that agreed with this, because they said that they have not been able, in all the applications that have come before them, to find a reason for denying somebody for building an addition landward of an existing principal building, so the Zoning Board of Appeals is totally cognizant of what we are doing. COUNCILMAN WICKHAM: I didn't say they weren't. COUNCILMAN PENNY: I would just like to say, that there were some misconceptions here today. Coastal zone management still is in effect on this. The jurisdiction of the Trustees is still in effect fully on this, and there was a statement read by the Planning Board, that this was going to allow building landward of existing buildings, l~ell, we were very clear in the drafting of this to make it landward of existing prin~cipal dwellings, so that there was no misconception, and it's unfortunate that there were a lot of misconceptions here. There are laws in place to protect this, and the ZBA in our Legislative meeting has nev.er found in their records a ruling where anybody has been turned down from building, and we're not talking about an addition in front of the house, that is within 100 feet. We're talking about an addition to the side, a~d to the rear. It's unfortunate, but once a setback-line is established by a dwelling, that line holds. You can't take it away. There are a very few criteria by which you can move it back. The Coastal Erosion Hazard Act is the rare exception to that rule. SUPERVISOR HARRIS: I would just like to comment that this legislation is layered with agencies, that have protection for the very thing, that we want to preserve, and the things that were mentioned at the public hearing. This 13oar'~J would never move in a direction that would environmentally not safeguard the public, or degragate the environme'nt when in reference to property owners, but certainly they do have their right. This Town recognizes that. It also recognizes, as I said, the amount of jurisdiction, that is pertaining to this one area by various agencies, and think that this is more than sufficient for the protection, and the weilbeing of this community. 4 JUNE 15, 1993 28.-Moved by Councilman Wickham, seconded by Supervisor Harris, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of May, 1993, Local Law No. 9 - 1993 entitled, "A Local Law in Relation to Excavation"; and WHEREAS, recommendations were received from the Southold Town Planning Board and Suffolk County Department of Planning with regard to this proposed Local Law; and WHEREAS, a public hearing was held on this proposed Local Law on the 15th day of June, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts Local Law No. 9 - 1993, which reads as foliows: LOCAL LAW NO. 9 - 1993 A Local Law in Relation to Excavations BE IT ENACTED, by the Town Board of the Town of Southold as follows: i. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-239.1 (Excavations) is hereby amended to read as follows: No excavation of any kind shall be permitted except in connection with the construction in the same lot of a building [or which a building permit has been duly issued. IN the event that a building operation is arrested prior to completion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permit, the premises shall be cleared of any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three (3) feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the ho,~der of ~ho I~-~,ti~. owner of the premises. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion[s) ** Underscore represents addition[s) 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: Would the Board like to proceed on 29? 29.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 4th day of May, 1993, Local Law No. 10 - 1993 entitled, "A Local Law in Relation to Special Exception Uses"; and WHEREAS, recommendations were received from the Southold Town Planning Board and Suffolk County Department of Planning With regard to this proposed Local Law; and WHEREAS, a public hearing was held on this proposed Local Law on the 15th day of June, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board of the,Town of Southold hereby enacts Local Law No. 10 - 1993, which reads as follows: LOCAL LAW. NO. 10 -1993 A Local Law in Relation to Special Exception Uses BE IT ENACTED, by the Town Baord 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 100-262 is hereby amended to read as follows: B. Prior to taking action on any special exception use, ~he B~f~-t'~--~-~ie~:i~n t~f, the Zoning Board of .- Appeals shall schedule a public hearing within forty-five (45) days after determination that the application is complete. With sixty (60) days following the close of the public hearing, the Board shall render a decision on the application. UNE IS, 1993 1 4 3 Co Effect of approval. A special exception approval issued in accordanc, e with the provisions of this Article shall authorize only the special exception use for which the approval's granted. No use which is not a special exception use hereunder shall be authorized by any such approval. The approval may include reasonable conditions which the ~ the Zoning E~oard of Appeals determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to. A special exception approval shall be valid for a period of six (6) months but may be extended for one (1) additional six-month period by the i-s~tt~ ~ Zoning Board of Appeals within the requirement of new public notice of hearing. A continuing or permanent land use authorized by a special exception approval which use is undertaken or begun during the period of validity of such approval shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that: All conditions imposed by the special exception approval shall continue to apply- unless they, by their express terms, are of limited duration. All condi'tions imposed on special exception approval uses generally or specifically by this chapter shall.continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval. The B~ra~o~ ~i~ i~sm~e~ the ~l~'I~rl- apl~r~rw~l-Zoning Board of Appeals shall retain continuing jurisdiction over the same. Violations of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The apl~,'o'w~-~ an~ml~ec~l-ex~-~pt~n use-Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one (1) or more new conditions, all on the following grounds: 2. Section 100-263 is hereby amended to read as follows: No special exception approval shall be granted unless the ~ h~in~j- j~r~ri~i~rt thereo~ Zoning Board of Appeals specifically and determines the following: finds 3. Section 100-265 is hereby amended as follows: In deciding on any application fo~ a special exception use, the ~ he'v~ng- ~t~ri-s~k~ thet'eof Zoning Board of Appeals may impose such conditions and safeguards as it deems necessary or appropriate to preserve and protect the spirit and the objectives of this chapter. II. This Local Law shall take effect upon its-filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition[s) COUNCILMAN PENNY: This is the public hearing, that we just had. It deletes the Board, the wording throughout the section deletes the Board having jurisdic- tion, and refers to the Zoning Board of Appeals. This is a clarification in the Town Code. The Planning Board had a letter earlier, which predated my tenure on the Town Board, and it may be very true that RPPW might have recommended the Planning Board to have this jurisdiction, however sometime before I got on the Town Board, which was 1986, that thought was decarded by the Town of Southold. What we're doing now is finding little references~ or vague references, that would add confusion to a Town Code, and the way it has always been in this Town is that this authority has rested with the ZBA, and to refer it to anothe.~.- Board really wouldn't do the public any justice. 4 jUNE 15, 1993 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 think the current legislation is quite adequate. There has been no confusion on it. It has worked quite well. The impact of this change is basically to sideline the Planning Board, and I don't support it for that reason. COUNCILMAN PENNY: I don't know where this sidelining, and this impact is. It is no change. It is a clarification of the Code, as I've already read. I think that there are a lot of misconceptions going on, that are being fostered by those, that lead committees that are supposed to be clarifying, and develop working relationships between Boards. Well, to throw the Boards on top of each other, especially in Town Code, and support that sort of thing, doesn't give any sense of direction to this community, and I can't believe that this is still going on. TOWN CLERK TERRY: Does the Board wish to enact the agreement with the Village of Greenport for the fire hydrants contract for five years? 30.-Moved by Supervisor Harris, seconded by Justice Edwards, WHEREAS, the Town Board of the Town of Southold wishes to enter into an acjreement with the Villac~e of Greenport for furnishincj water 'for fire protection purposes in the 'East-West Greenport Fire Protection District"; and WHEREAS, the Town Board held a public hearing at 4:30 P.M., on the 15th day of June, 1993, for the purpose of considering said agreement for a period of five (5) years, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott L. Harris to execute a contract with the Village of Greenport, Suffolk County, New York, for the furnishing of water for fire protection purposes by said Village to the Fire Protection District established in said Town and known as ~'East-West Greenport Fire Protection District, Town of Southold, New York", upon the following general terms, to wit: (1) The contract shall be for a term of five (5) years. (b) For such service the Town shall pay the Village of Greenport the following sums: Calendar Year 1993 - $110.00 per hydrant Calendar Year 1994 - $118.00 per hydrant Calendar Year 1995 - $126.00 per hydrant Calendar Year 1996 - $131.00 per hydrant Calendar Year 1997 - $137.00 per hydrant (c) Such other incidental terms as may be necessary or proper in connection with such contract. 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. SUPERVISOR HARRIS: I~d like to acknowledge t'he work that Councilwoman Hussie did on behalf of the Town of Southold. in reference to this hydrant contract. There were a lot of hours put in, and Alice, you did a good job. At this time, that ends the regular portion of our agenda in reference to resolutions. Before I go out to the public to hear of anything you may feel may be of importance to this Board, that we should have a thorough knowle~Jge of, I would like to, at this time, address a gentleman, Gerry Dennehy, who was member of the Land Preservation Committee for a number of years. Before that he was a member of the Farmland Agricultural Committee. Mr. D~e~noehy deserves the gratitude of the people of this town. He certainly will deserve and does deserve the gratitude of the Board of Southold Town in reference all the people, that we represent. Mr. Dennehy has been, I think, a quiding light on many issues, because of his wisdom, which he has over the years garnished, and certainly I have to say, that I'm proud tha{ he was a member of our Land Preservation Committee, disappointed that he will not continue in that capacity, and certainly will make sure that this is permanent part of the record, and that his recognition, obviously, will take place for many decades to come of those who will read these minutes in the future. So, I know you're here, Mr. Dennehy, in the audience, and I'just want to thank you. He's not here. I thouc3ht he was in the back. I just want to take this time to thank him for his dedication, and time. This is a volunteer basis position, and it does not get, obviously, paid, and these people do donate a tremendous amount of sacrifice, there's a tremendous amount of sacrifice, in relation to they're doing the job one hundred percent of the time, so I want to thank him for that. Also, I'd like to at this time, go out to the audience. I know that there are a few individuals that want to address this Board. We have the future of our Township, our young JUNE 15, 1993 145 community, our younger generation, which is here, which called up my office, and asked to make a presentation to this Board, and asked the appropriate time to do so in reference to recreation, and uses that they think would be appropriate for the future for many of facilities that we have in place, including the new one at Peconic Lane. At this time, I know there's a couple of gentlemen here. Gentle- men, would you like to come forward, and address the Board with the issue, that you have before us? TODD MANN: Councilman Penny and members of the Town Board. We the under- signed are students of Mattituck-Cutchogue High School. We would like the Southold Town Board to consider building a roller blade hockey rink, instead of a skate- board park. Over the yers skateboarding has become boring to many kids. Because of this, kids decided to quit skateboarding and tryed new hobbies, such as rollerblade hockey. Many kids in my school and in others play this sport. Another reason we are requesting this is, because where ever kids go to play this sport they are asked to leave the property, or the Police will be called. So, in conclusion, we hope you will consider this before you make a decision. Thank you for taking the time to listen to us. Respectfully yours, the concerned students of Mattituck-Cutchogue High School SUPERVISOR HARRIS: Will you state your name for the record, please? TODD MANN: Todd Mann. (Also present, Nick Horton.) SUPERVISOR HARRIS: Is there anybody else, who would like to address this? The Board cognizant of 'the request, that's needed by the individuals in the town, the young people in this town, such as yourself for recreational purposes. There is a plan right now as you know, that's being architectured to pr. ocede with new dwelling, known as Peconic Lane Ballfield, which the Town recently purchased on Peconic Lane. in Southold. This piece of property has right now a plan, which has been developed through the needs of the youth in this community, but certainly these needs will also be addressed, will be taken into effect. Councilman Lizewski may want to'comment on this at this time. He is Chairman of the Parks, Recreation, and Beach of the Town. Councilman Lizewski. COUNCILMAN LIZEWSKI: We'll be meeting with Mr. Ward, and I'll give him the copy. We already have a rough draft of the three baseball fields, one football field, a basketball court, and four tennis courts on that property, but we do have some space on the left hand side of it. We'll certainly take this in consideration. Hopefully, we can fit this in. COUNCILWOMAN HUSSIE: May I ask Mr. Mann a question? Mr. Mann, I haven't had a chance to count all your boxes here. About how large is this? TODD M'ANN: About 60 feet long and 40 feet wide. -COUNCILWOMAN HUSSIE: Sixty by forty? TODD MANN:· Yes. COUNCILWOMAN HUSSIE: Is there one not too far away, that we could look at? TODD MANN: At Miller Place. COUNCILWOMAN HUSSIE .' COUNCILMAN LIZEWSK!: COUNCILWOMAN HUSSIE: TODD MANN: Concrete. SUPERVISOR HARRIS: TODD MANN: Yes. Miller Place? Miller Place, Rocky Point. And what's the surface? That's not too bad. That's the deck hockey. This is played with rollerblades, am I right? COUNCILMAN LIZEWSKI: Deck hockey, is the word. TOWN ATTORNEY ARNOFF: You can't play it on that rubberized surface, like they do deck hockey, can you? TODD ~ViANN: No. 1 4 6 JUNE 9,3 TOWN ATTORNEY ARNOFF: It's 9ot to be on concrete? COUNCILMAN PENNY: How about ashalt, black top? TODD MANN: Black top, that's good, too, but it chews down the heels on roller blades. COUNClU¢,AN PENNY: More that the concrete does? TODD MANN: Yes. SUPERVISOR HARRIS: Okay, thank you very much, Mr. Mann. It's nice of you to come, and I'd hope to see you in the future, when we have a presentation, as this Town certainly moves ahead with recreational needs of our young people. Thank you. Are there any other members of the audience, that would like to address this Board on any issue? MARGARET BROWN: My name is Margaret Brown, and I'm here representing the Ti'ansportation Committee of the Stewardship Task Force of the North Fork Planning, and, again, the only person on the committee here. I would like to report, as most of you know, that we did hold the meeting you asked for. We held it on Thursday, June 24th at 7:30 in East Marion. We had between 125 to 140 people. At the end of the presentation, there was a straw poll taken, which supported the idea of the proposal to have a scenic highway designation, and we would now like to ask you, if we could meet with you at your earliest convenience at a Work Session to make..get material that need to be submitted to AIb~.ny, but we would add to that a map, which I think we do have, and that would complete the discription of the scenic road. You could let Mr. Brashich, he's our Chairman, or if you want to write to Mr. Hilary. Thank you very much. SUPERVISOR HARRIS: I have my staff ready. They have already indicated to a number of, members of your committee, and to Mr. Hilary, that we, as a Board, will meet with that Committee when he is ready to do so, as the Chairman, or as he directs with the Sub-Committee. It doesn't neccessarily have to take place as a Town Board Work Session. This Board, at it's convenience, can meet with your sub-committee, when you have your meetings at night to continue on this process. You can get input from us, where we are at this point, what we perceived from the meeting that we attended, so it is moving ahead. MARGARET BROWN: I'm not sure.. SUPERVISOR HARRIS: What I'm say is, we have already contacted members of the Sub-Committee through Mr. Hilary, and we are ready to meet with the Sub- Committee in reference to the meeting, that was held, and other proposals, that are before us, to continue the discussion on the proposal of scenic road enactment. Is there anybody else in the audience, that would like to address this Board on any issue? PHIL VANBOURGANDIEN: My name is' Phil VanBourgandien. Earlier today some- thing transacted here, that disturbed me a little bit. On resolution #12, a "Local Law in Relation to Detached Dwellings"., First of all I want to clarify I'm not speaking for, or against any Councilman, that is here today, but one of the members of the Board choose to say, that he did not approve, or he voted, no, on setting the date. SUPERVISOR HARRIS: Setting a public hearing. PHIL VANBOURGANDIEN: Setting the date o~/ the public hearing. Everybody knows, it's very evident, that things have discussed, and because one person choose..one Councilman chooses to say, no, does' not give the impression that he is against a public hearing. I am very disappointed'in the Supervisor coming back with an answer to him, and using his name, and stating that he was against a public hearing. He's not against a public hearing. He's stating what he's against. That he doesn't like something to do with that public hearing coming up. I think that the Supervisor was strictly out of line. It smells of politicing, and I don't think that that should be present on the Town Board at the Town Board meetings. I thank you. i'~ JUNE 15, 1993 147 SUPERVISOR HARRIS: rVIr. VanBourgandien, and to address the issue, if you wouldn't mind for one minute. Mr. Wickham was voting against setting a public hearing. He was voting against the right of people to have an opportunity to speak to this Board in reference to an open forum. That's what this vote was. Because he stated the reason why he doesn't like the Local law, the amendment, is a sidebar. The vote was either in favor, or against, setting the public hearing for the public to have an opportunity to voice their opinion. That's for the record. PHIL VANBOURGANDIEN: Can I ask you this question then? When would any Councilman on that Board have an opportunity to make a statement against the public hearing, against the Local Law? SUPERVISOR HARRIS: Just as it was today. After the public hearing has been conducted any legislator, any Town Board member, during the vote, the recording of his vote, whether in favor or against, has the opportunity to express to the public why he is casting that vote. That is the opportunity, that the elected official has, the legislator has, to voice his concern or objection, to what is being enacted. That is the time for it. PHIL VANBOURGANDIEN: It certainly doesn't give anybody up there on the Board very much latitude to state their case, does it? SUPERVISOR HARRIS: It certainly does. It gives them all the latitude they would like. However there are basic rights. PHIL VANBOURGANDIEN: Because the minute anybody disagrees with you, you're going to jump right on top of them. SUPERVISOR HARRIS: No, I'm not. What I'm talking about, Mr. VanBourgandien, is an opportunity for the public to have an opportunity to address this Board on public hearings. If this Board rejected the opportunity for the public to have input, that is not government by the people. This Board has an absolute right to hear from the public through the process, which has been set by law, and that is through a public h~earing, and I feel very strongly, as do other members of this Board, to give you, and everyone else out there an opportunity to speak your mind in reference to a Local Law, or other public hearing agenda, whatever is set, so that you can give us your impression. We can hear from you, and we can give a decision based on what we hear, otherwise we would never have the opportunity to do that. PHIL VANBOURGANDIEN: I can agree that, but it doesn't make sense to me, because everybody up there knows full well, that if you have one or two names, that that is not going to stop having a public hearing. I'm looking at it from the standpoint of a common citizen, and I think that, that was just a ridiculous thing to retort. 'SUPERVISOR HARRIS:' I appreciate your opinion, and certainly respect you for being able to say it. PHIL VANBOURGANDIEN: Thank you. SUPERVISOR HARRIS: Are there any Other members of the audience, that would like to address this Board on any issue? Judge Edwards? JUSTICE EDWARDS: Just a couple little things, that happened on the Island this weekend. Of course, you probably saw all the Army activity in the local area. We had six Army people, helicopters on Fishers Island on Saturday afternoon, set up a point to point communications link. They used the movie theatre lobby over there, which is not being used now, until the Fourth of July, and they set up in there, and they got their point to point communications set up to Shelter Island, where there was a relay station, and on to Riverhead, and they flew out again Sunday afternoon after a successful exercise, and I met the people again over here in back of the Southotd Police Department, where they set up a second time, and they were regular Army out of Fort Drum, New York, which is way up by the St. Lawrence River, a long way, but another interesting little thing hap- pened Saturday morning. I'm sitting down at the local resta~ra-nt, which we now have a restaurant on the island, the first time in quite awhile, having my break- fast, and a Mr. Baker, who's well known on the Island, I think amongst the Board members, came into the restaurant, and said, I need some help. Come on out on the waterfront, A man fell overboard. We go out there, and there's a Captain of sailing vessel, called the Lorry Jim, was coming back to his boat with a dinghy, and an outboard on the back of it, after he watered his French Poodle up on dry land, and apparently he made the wrong move. He fell out of the boat, grabbed the two oars on his way out, the boat is going around in circles, the poodle is sitting up there like queen of the throne, and Town Constable Dick Grebe happened to be there, and with Richard Baker, and they were taken out to the scene of the accident by Assistant Highway Superintendent Jim Hancock in his boat. They rescued the Captain of the Lorry Jim, brought him aboard the boat, and they caught the dinghy on the first pass as it was going around in circles. The poodle was jUst up there enjoying it all So, it was quite humorous. I wish I had a VCR to take a film. I probably Could have made,money putting it on TV, But, anyway, that's what happens on the Island now, and then, and it's nice to have some activity after a long dull Winter. Thank you. SUPERVISOR HARRIS: Any other members of the Council? COUNCILMAN WICKHAM: I have a brief comment. I basically have two comments. One is you may have noticed that there was a resolution tonight seeking people to express interest in a Land Preservation Committee. This is a very important committee, that recommends lands for possible acquisition under the Open Space and Farmland Programs of the Town, who are looking for people to express interest in it, who have an interest in preservation, have an interest in retaining the open quality to the town. On the subject of preservation, and along the lines that the Supervisor mentioned, about open meetings, and getting the views of people, I'd like to second Margaret Brown's comments about the meeting last Thursday in East Marion. It was in my view a very effective, and very important type of presenta- tion where the Town aided by one of it's committees, namely a Sub-Committee from the Stewardship Task Force, and the Southold 2000, put together a very effective presentation for purposes of scenic road designations. Scenic road designations from Porky's Restaurant to Orient Point is not a big deal in the course of events of Town business. This is not going to make or break the town, and it's not a major change in how we do business. In fact, it's really quite small in terms of it's impact on anybody, or anything around it, but I was very impressed at the preparation that went into it,. and the interest of the people along that road who showed up, who had significant questions, and who at the end supported the proposal very strongly. So, I'm looking forward, Margaret, to the presentation of your group to the Town Board along the lines the Supervisor mentioned at this next meeting or' so. Thank you, Scott. SUPERVISOR HARRIS: Anyone else like to address the Board? (No reponse.) I'll entertain a motion to adjourn. Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 5:15 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T. Terry (,/ Southold Town Clerk