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HomeMy WebLinkAboutTB-07/28/199250 SOUTHOLD TOWN BOARD JULY 28, 1992 Present: Supervisor Scott L. Harris, Justice Raymond W.. Edwards (left at 11:10 A.M., returned at 2:20 P.M.), Councilman George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice Jo Hussie, Town Attorney Harvey A.-Arnoff, Assistant Town Attorney Matthew .G. Kiernan, Town Clerk Judith T. Terry. EXECUTIVE SESSON 9:15 A.M. - On motion o:f Councilwoman Hussie, seconded by Councilman Wickham, 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 met with Suffolk County CSEA representative Richard Pankowski, Southold Town CSEA President Lois Atkinson, Vice President David Blados,S~b~op_ Stev~a~d. Ch~isti~ne StUlsky, and Building Inspector Gary Fish. The CSEA rep~'esentatives asked the Town Board to reconsider the abolishment of one Building Inspector position effective July 31, 1992. 9:45 A.M. - The Board met with Special Counsel Jim Reynolds and his associate Jim Hagny to discuss litigation. 10:15 A.M. - The Board met with Assessors Scott Russell, Chairman, and Robert I. Scott Jr. to discuss possible litigation and certiorari proceedings. 11.:00 A.M. - Robert Costanzo, Executive Director of Umbrella, Senior Home Service, Ltd., and his associates Dave Feeley and Dave Bradsha~v, met with the Town Board to explain their organization: approved not-for-profit ~ervice which provides home maintenance and assistance to senior homeowners. They are seeking the Town's support, an entree to county, state, and federal officials who have access to immediate funding, creative financing for aging below income guidelines, and an introduction to East End Supervisors. 11.'35 A.M.- Warren McKni~ht, Account Executive, Suffo.lk Life Newspapers, met with the Board to urge them to use his newspaper when they wish to get out an important message for recycling programs, senior programs, etc. Their circulation on the North Fork, which includes Shelter Island, is 13,028. 11:40 A.M. - John Raynor, Chief of Communications, Southold Town Police Headquarters, met with the Board to request their acceptance of the volunteer services of Amateur Radio Emergency Services (ARES) and Radio Amateur Civil Emergency Services (RACES). Both of those organizations provided untold hours of volunteer communication services to the Town during .past hurricanes and major storms when most areas were without electricity. (See resolution no. 18.) JULY 28, 199:~ 51 11:55 A.M. - For Discussion Items: (1) Request from the National Environmental Law Center, Ronkonkoma, New York, for the Town Board to adopt a resolution in support of the Earth Summit and encouraging President Bush to establish firm and ambitious timetables for United States greenhouse gas reductions and support of programs and policies designed to further the efforts of the Town of Southold to reduce energy use and greenhouse gas emissions. (2) Councilwoman Hussie made a presentation to the Town Board with respect to the Southold Town Dog Shelter and the North Fork Animal Welfare League, Inc. As a result of her studies and the Board's discussion, she will prepare some policy decisions for the Board's consideration. (3) Proposed resolution in opposition to legislation by the Federal government (see resolution no. 20). (4) Councilman Penny presented and discussion was held on a revised draft of a proposed "Local Law in Relation to Site Plan Approval". 12:50 P.M. - Recess for lunch. 2:20 P.M. - For Discussion (continued): (5) Board discussed the propo~sed enactment of the "Home Occupation Law", resolution no. 1. Councilman Wickham e'xpressed the only opposition, stating he is not in favor of it as it is written, and should it be enacted he would like to see a registration system. (6) Possible appointment to the Stewardship Task Force to replace J. Stanley Parkin who recently resigned. This will be discussed during Executive Session. (7) The Board. :set 4:00 P.M., August 4th to interview two applicants for the Agricultural Advisory Committee. The will hold on setting a date for interviews for the vacancy on the Board of Assessment Review. (8) Appointment to Land Preservation Committee will be discussed during Executive Session. (9) Receipt of statement of services from · Bruce Anderson for SEQR work on the Home Occupaction Law, which statement exceeds Board's resolution of 1/21/92 approving $750.00. Town Attorney Arnoff will contact Mr. Anderson. (10) Request from the Suffolk County Water Authority for a waiver of the Excavation Permit process for premises at Mattituck (see resolution no. 21). (11) Receipt of proposed bid specifications from Recreation Supervisor Reeves for repairs to the two tennis courts on Fishers Island. Detailed specifications to be prepared by Engineering Inspector Richter. '(12) Request from Chief Droskoski to permit Detective Beth Wilson to attend a DARE Middle/Junior High School Instructor Seminar at Saratoga Springs, New York, was held. (13) Request from Accounting & Finance Department'for the Town Clerk to advertise for a part- time Account Clerk to replace an individual who will be leaving at the end of the summer (see resolution no. 23). 3:05 P.M. The Board reviewed proposed resolutions to be voted upon at the 4:00 P.M. regular meeting. EXECUTIVE SESSION 3:25 P.M. - On motion of Justice Edwards, seconded by Councilman Wickham, 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 Town Board discussed personnel, contract negotiation, and litigation. 4:00 P.M. - Work Session adjourned. 52 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, July 28, 1992, 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 audit of the bills of July 28, 1992. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $94..761.48; General Fund Part Town bills in the amount of $42,819.45; Nutrition Fund bills in the amount of $3,895.26; Adult Day Care bills in the amount of $154.95; SNAP Program bills in the amount of $1,317.61; Community Development Fund bills in the amount of $4,999.98; Highway Fund Whole Town bills in the amount of $15~030.60; Highway Fund Part Town bills in the amount of $110,078.94; Agricultural Land Development Rights bills in the amount of $1,800.00; Backhoe Loader Capital bills in the amount of $94,682.00; Employee Health Benefit Plan bills in the amount of $24,284.50; Fishers Island Ferry District bills in the amount of $20,743.47; Southold Wastewater Distric~ bills in the amount of $22,583.33; Fishers Island Sewer District bills in the amoun~ bf $215.13; Southold Agency & Trust bills in the amount of $2,359.88; Fishers Island Ferry District Agency & Trust bills in the amount of $125.01. 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 move the minutes of July 14, 1992, regularly scheduled Southold Town Board meeting. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the July 14, 1992, 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 setting the next 'regularly scheduled: Town Board meeting at Fishers Island on August 5, 1992, at 1:00 P.M., and also, August 11, 1992 at 7:30 P.M. Moved by. Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the next regular meetinq of the Southold Town Board wil be held at 1:00 P.M., Wednesday, Auc~ust 5 1992, at Fishers Island, and at 7:30 P.M., Tuesday, Auc~ust 11, 1992, at the Southold Town Hall, South01d, 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. I. REPORTS. 1992. 1. Southold Town Board of Trustees Monthly Report for July, 1992. 2. Southold Town Recreation Department Monthly Report for June, 1992. 3. Southold Town's Developmentally Disabled Recreation Report for August, 4. Councilmen's Reports. 5. Supervisor's Report. JULY 28, 1992 53 II. PUBLIC NOTICES. 1. Corp of Army Enqineers. Department of Army, New York District applica- tion of Robert K. Scripps to construct fixed pier, walk-ramp, and install dolphins in Little Creek, Little Peconic Bay, Southold, New York. 2. Corp of Army Enqineers, Department of Army, New York District applica- tion of William Johnson to construct deck, walk-ramp and float in Goose Creek, Shelter Island Sound, New York. 3. Corp of Army Enqineers, Decpartment of Army, New York District, application of Eustace Eriksen to maintain as completed bulkhead, and pier assembly in Mattituck Creek, Southold, New York. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR HARRIS: Now at this time this Board has deliberated on many issues. There is a resolution, that has been introduced, which is not on the agendas, that have been prepared this afternoon, and that resolution is dealing with rescinding a resolution that was passed by this Board four weeks ago. I'm going to take that resolution out of order. It is last. In the interest of'-b,~evity, it may save some time. It may save some time. It may save, obviously some speaking engagements, that many of you are here possibly for, or against. I need a motion to approve the rescinding of Resolution #35 from June 30, 1992. 27..-Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 35, adopted on June 30, 1992, abolishing one (1) Building Inspector position, effective July 30, 1992. 27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilwoman Hussie, Councilman Lizewski. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Now by the adoption of this resolution that position is no longer abolished. The needs of the community, the wants of the department, are certainly precedent, when it comes to this Board. It has come to our attention, that the community, and the department are in need of-personnel, especially during the litigation in which we are now starting on Monday. A case that involves a multi-million dollar suit against the people of the Town of Southold on a civil rights action. We are now moving based on our input, that we feel is needed to maintain and secure that department. That's the statement that I have released for all of you, and for the press. At this time, I'd like to go out to the audience. Are there any members of the audience, that would like to speak on any resolution, that we will be enacting in the next few minutes? BETTY ROSS: My name is Betty Ross. I came to reinterate my objection to the change in the Zoning Code Chapter 100, Local Law #14-1992. It is absolutely appalling that you tell the public you are changing the law, because the old law was not enforceable, yet you propose a change that has no provisions for inspec- tion, licensing, or enforcement. When you add paragraph :a under Section 100-31c stating that quote, no stock in trade shall be kept on the premises, unquote. What does that mean? To me it means that a electrician can not keep wires, sockets, fuses, and so forth on his premises, and that a painter can not keep paint, drop cloths, and brushes on his property. Do you honestly expect to enforce this provision, or is this another, quote, unenforceable law, unquote, that has been written to legalize an illegality? Why does the Board not understand, that this is a contradiction in terms? I urge you to refer this to the US/UK Stewardship Task Force for further study. SUPERVISOR HARRIS: Thank you. Are there any member of the audience, that would like to address the Board? Yes? GARY FISH: I would just like to thank all the people, that supported me, and the Board for voting my job back in. It feels good. I feel that justice has been served, and the people supported me. SUPERVISOR HARRIS: Are there any other members of the audience, that would like to address any resolution, that we'll be enacting in the next few minutes? 54 JULY 28, 1992 JOE RISTUCCIA: My name is Joe Ristuccia, and I'm representing TaxPa¢ today. I'm going to address myself to this recent resolution. I know there are circumstances. There are people who are supporting Mr. Fish, and the membership in the CSEA,, and I applaud that. Being a union member many, many years ago, I can understand that. On the other hand, good government has to look at this happening in today's economy, and today's world. We have a very poor economic climate, and there are a number of people in the Building Department, that are employed, and then don't have that activity, and then you took the action, that you did, and now you're rescinding that, and you come up with the reason, because of the suit. I understand that was why Mr'. Lessard was pulled out. But still and all, I'm just addressing to you, that you should be looking at good government, and the needs of the taxpayers in this community of which we all are. If we do this kind of thing, and the same thing is being done in the County. As a matter of fact, yesterday Mr. Gaffney, who's trying to get enough votes to increase sales taxes, and to get some kind of a bailout, and he didn't get those votes, and I know they're doing that today, and you're going through that same turmoil yesterday. You're going to be facing a severe budget this year, and you, and I'm just cautioning you, better start thinking about ways, how to address that kind of thing, because here we are, and you know, Gary Fish is really an innocent victim, and we have situation where you can't have it both ways. You can't keep the budget, and people on payrolls, when you should be downsizing, because at the end of the year we're going to pay for it. Last year our tax increase was 14½%. What it going to be this year? I think good government has to address these kind of things. Thank you. SUPERVISOR HARRIS: Just one correction, Joe. The tax increase last year for the Town Budget was 7.7. Are there any other members of the audience, that would like to speak? Yes? ED SIEGMANN: Mr. Chairman, I'd like to follow what Joe Ristuccia just said. You've got two kooks living in this town right now, like in most towns on the island. One kook, that's struggling like hell to stay here, and another kook, that could afford to stay here. I think it's time that from the level of the govern- ment from the Town, to the County, and right on up to the Federal government, you have to start looking a way to saving money, and I noticed that everytime money is saved by either cutbacks, or eliminating something, whether it's health benefits, or whatever it may be, someone comes in, and makes a plea, and this can only be done when it's being paid for by the taxpayers. If you look at industry today, they're laying off all over. They're eliminating jobs all over. They're eliminating health benefits, and whatever else they're eliminating. There's plenty of things that they are. They're having furloughs on wages, cutbacks on increases, times without any increase at all, a moratorium on increases, and it seems strange that only a short time ago, you said you had too much help in one department, and all of a sudden now you say you need the help. All I'm saying to you is that if a department is overmanned, and if you can't eliminate it by attrition, then you have to eliminate it the best way you can, and I think if jobs can be eliminated in private sector, it can also be eliminated where the taxpayer pays for it. Thank you. SUPERVISOR HARRIS: Thank you. Yes? CHARLES PETERSON: My name is Charlie Peterson, and I'm from Cutchogue, and I just want reiterate what Mr. Ristuccia said, and this other gentleman, I reiterate. I think that the Town is doing us a service by keeping Mr. Fish on the payroll, and on working for the Town of Southold. That's all I wanted to say. Thank you. SUPERVISOR HARRIS: Are there any members of the audience, that would like to speak? (No response.) We'll move on with the resolutions of the afternoon. 1.-Moved by Supervisor Harris, seconded by Councilman Penny, WHEREAS, on the 7th day of April, 1992, there was presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Zoning" (Home Occupation, Home Business Office, Home Professional Office); and WHEREAS, said proposed Local Law was transmitted to the Southold Town Planning Board and the Suffolk County Department of Planning in accordance with the Code of the Town of Southold and the Suffolk County Charter, requesting their recommen- dation; and JULY 28, 1992 WHEREAS, a public hearing was held on this proposed "Local Law in Relation to Zoning" on the 14th day of July, 1992, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town of $outhold hereby enacts Local Law No. 14 - 1992 entitled, "A Local Law in Relation to Zoninq" (Home Occupation,. Home Business Office, Home Professional Office), which reads as follows: LOCAL LAW NO. 14 - 1992 A Local Law in Relation to Zoning BE IT ENACTED. by the Town Board of the Town of Southold as follows: Chapter 100 [Zoning) of the Code of the Town of. Southold is hereby amended as follows: e SectiOn 100-13 (Definitions) is hereby amended by deletin9 the following: HOME OCCUPATION - This shall be understood to include the professional office or studio of a doctor, dentist, teacher. artist, architect, engineer, musician, lawyer, magistrate or practitioners of a similar character, or rooms used for "home occupations." including home baking, millinery or similar handicrafts, provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides and provided further that no goods are publicly displayed on the premises and no sign or advertisement is shown other than a sign not larger than two (2) square feet in total area. bearing only the name and occupation [words only) of the practitioner. Section 100-13 JDefinitions) is hereby amended by adding thereto the following: HOME BUSINESS OFFICE.- The business office of an individual which does nos qualify for Home Professional Office yet provides a service rather than the retail sale of goods. (i.e.. offices providing the service of consulting, advertising, designing and/or marketing and which typically require a home personal computer, telephone and/or facsimile transmission machine). HOME OCCUPATION - Any gainful activity customarily conducted only within a dwelling unit by the residents thereof that is clearly secondary to the residential use. Activities carried on by the residents which are connected with produce of the seas. bays or harbors caught or dug by them including storage and dockage of boats and gear. spreading and mending of nets and other gear and sale of such produce so gathered, shall also constitute a "home occupation." Tradesmen. not limited to carpenters, plumbers landscapers, painters, masons and electricians, provided that no retail sales or services are conducted on site. HOME PROFESSIONAL OFFICE - This shall be understood to include the professional office or studio of a doctor, dentist. teacher, artist, architect, engineer, musician, lawyer. magistrate or practitioners of a similar character, or rooms used for "home occupations." provided that the office, studio or occupational rooms are located in a dwelling in which the practitioner resides. 6 JULY 28, 1992 ;3. Section 100-31(C)12) is hereby amended to read as follows: Home Occupation. including home professional offices and home business office. In permitting these uses. the Tov~n Board recognizes that our residents historically have 9perated small businesses which provide services to the community from their homes. We find that these businesses have not impacted ne,qatively on the appearance of these residential zones. In our judgment, we find that in order to maintain the economic viability of our town. to maintain our rural quality of ife and in the interests of the welfare of our residents, these businesses (or nome occupations) should be permitted to continue. In setting forth the followinq subsections, we intend to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of our residential .nei.c]lhborhoods. We believe the followinc/ subsections provide sufficient safeguards to accomplish that aim. These uses shall be permitted provided that: Ce No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one. (1) nonresident assistant for whom off-street parking must be provided on site. Such occupation is carried on in an area not to exceed twenty-five percent (25%) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. There shall be no exterior effect at the property line. such as noise, traffic, odor. dust, smoke, gas, fumes or radiation. Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time or where concerts or recitals are held are prohibited. In no manner shall the appearance of the building be altered nor shall the occupation be conducted in a manner that would cause the premises to lose its residential character, including but not limited to the use of colors, materials, construction or lighting. v~sFl~le- Frem- ~he stree~ ~n~ n~ s~ck-~-~e sh~F ~ k~- on-the Notwithstanding anything set forth elsewhere in this Article. home occupations, home business office and home professional offices shal~ in no event be deemed to include animal hospitals, kennels, barbershops. beauty parlors, clinics or hospitals, mortuaries. nursery schools, clubs, auto repair shops. restaurants, tourist homes, rooming houses or boardinghouses and uses similar to those listed above. h. For signs. Section 100-31C[9)(a). JULY 28, 1992 57 I. Home Occupations, home business office and home professional offices shall not include manufacturing, fabrication or construction Of any type on the site. j. The outdoor storage of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the setbacks for accessory structures. II. This Local law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Understrike represents addition(s) Test contained in this Local Law which is neither underscored nor overstruck is included for the purpose of re-lettering. COUNCILWOMAN HUSStE: I'm voting for this, because I think that it provides protection for every property owner. I do not think that it takes anything away. I think it adds. The other thing that I want to say is, t.hat I am pledging my time, my energy, and my reputation, to seeing that this law is enforced, and all the others that are presently being ignored, or slid over, and enforced to the extent that the Code will allow it. That's all I have to say. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Justice Edwards, Supervisor Harris. No: Counciman Wickham. This resolution was declared duly ADOPTED. COUNCILMAN WICKHAM: Scott, I'd just like to make a brief comment. I think there is broad agreement in the town that certain work be permitted in homes in residential areas. There's already a certain amount of this work being carried out throughout the town, and we should be looking ahead to more of it. The absence of very many major industries, or businesses in the town home occupations as defined in the proposed law are a natural evolution of our jobs base. At the same time there has to be some assurance to homeowners, that their residential properties will not be devalued by the home occupation practice by their neighbors. That is the effect of the law not be to dezone the whole town. Unfortunately the law does not provide that reassurance. Although there are a number of restrictions written into the law, that would limit the types of home occupations to be permitted, and the ways they would conducted, there is no basis for believing that they will be enforced. The town is not equippedto enforce those restrictions. There is very little precedent to believe that they would be enforced. The department charged with enforcement has recently-b~en cut back in staffing, and seriously weakened, and it is apparant to most observers, that the will to enforce the proposed law is not there among the majority of the Town Board. As written this law would provide business opportunities throughout the town with essensially no checks, or balances. We need the business opportunities, but we also need the checks. One such check, one small step that I argued for, but which was not accepted, would be to require every person wishing to take advantage of the provisions of the law to register to do so. This would not interfere signifi- cantly in the right to practice home occupations, and it would provide, at least some small handle on enforcement, which at present does not exist. Without that provision, or one like it, that would give some measure of reassurance to those who are concerned in maintaining residential neighbors throughout the town, I can not vote for the law. COUNCILMAN PENNY: I just heard another Councilman address the will to enforce the law. Now, I don't know if I've got this right. The will to enforce the law is not there with the majority of the town, and I would just like to go on the record as saying, I totally disagree with the Councilman's statement that the will to enforce the law is not there with the majority of the Town Board. Tom, did I get that right? COUNCILMAN WICKHAM: Yes. COUNCILMAN PENNY: I don't know where that came from. I have been the Chairman of this committee. We have spent two years working on this law, and enforcement of the law has been the main justification for doing this. We spent a session with the Town Attorney, and the Building Department, of somewhere on to two hours, just on enforcement alone, so I can say that one Councilman does not speak for the majority of the Town Board, can not speak for me. I am in favor of the law. The reason for doing this law in my mind, was enforcement. That's what triggered this, and to give-us the credibility with the public, that there was something there to enforce. You can not enforce a law, that doesn't exist. The only way to enforce this law, as was given to us about four years ago by a Town Attorney, that tried to litigate this, was the fact that you have to throw the people out of their house. I don't believe that that is the intent of the Town Board now, or we wouldn't be doing this. We want to put in a set of standards, that will 8 JULY 28, 1992 protect the public. When I hear over, and over again, that there is no provisions for enforcement, that is totally false. Every law, that is in our Town Code book, that is as it exists in the Town of Southold, the enforcement is given directly, not in exact words each section of the law, but in general terms the definition of the department heads, that are in charge of this. It is given to the Police Department, and it is given to the Building Department. This is the same groups, that will enforcing every law in this town, so to say that this law does not have enforcement criteria in it, is not true, and to say that it is the majority of the Town Board is not behind enforcement of this law, I will' say is not substantially true either. At least as far as I am concerned. Thank you. SUPERVISOR HARRIS: Thank you. Any other members of the Board like to speak at this time on this resolution, that was just passed? (No response.) I would just like to follow up, and make just one brief statement. In order to assure the public safety, and the enforcement of this Home Occupation amendment, the Town Board will be calling a meeting of all the Code Enforcement bureaus, Police Department, Building Department, Ordinance Inspectors, in short fashion to make sure that everyone thoroughly understands every provision of this law. The Town Attorney will be charged with expressly giving orders to these individuals. The black and white version, that has just been passed, so that there is no misunder- standing about what this Home Occupation Amendment stands for, and what it .s trying to accomplish. Thank you. 2.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby amends their resolution no. 6, adopted on April 21, 1992, granting permission for attendance at the "Introduction to Mass Appraisal" course at Orange County, New York, to reflect the attendance of only Assessor Robert I. Scott, Jr., and to include the dates of June 8, 1992 through June 12, 1992, and the necessary expenses for lodging, as well as tuition, meals and travel, which shall be a legal charge against the Assessor's 1992 Budget. 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 Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to c~ive written notice to the First Presbyterian Church, Main Road, Southold, that the Town Board will consider Landmark designation of their church building at the Board's August 11, 1992 meeting, at. 8:00 P.M., at the Southold Town Hall. 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. SUPERVISOR HARRIS: I'm looking forward to that designation of one of our historic landmarks, which preserves certainly the rural heritage of our township, which is 352 years old. 4.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby amends their resolution no. 12, adopted on July 14, 1992, authorizing the issuance of a $750.00 credit to the North Fork Sanitation Service tipping fee account for work performed on behalf of the Village of Greenport, to read: "issue a $400.80 credit to the North Fork Sanitation Service tipping fee account ..... ", whereas the additional $350.00 are charges by North Fork Sanitation for emptying the dumpster, and therefore are not a charge to the tipping fee account. 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. SUPERVISOR HARRIS: I'd like to credit our Town Clerk Judy Terry for doing some further research on our initial resolution, that we had authorizing a refund, and correcting the error, that took at that time by this Board. JULY 28, 1992 59 5.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to the New York Lung Association to use the followinq Town Roads for their Big Apple Bike Trek (BABT) during the weekend of October 11 & 12, 1992, provided they file with the Town Clerk a One Million Dollar Certificate of Liability insurance naming the Town of Southold as an additional insured: New Suffolk Road, Cutchogue, Bay Avenue, and Peconic Bay Boulevard, Mattituck. 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 Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance fee check in the amount of $350.00 for the remaining balance of the rental fee for the American Legion Hall, Greenport, on Saturday, August 1, 1992; check made payable to Burton Potter Post 185, charge to be made to A7320.4, Joint Youth. 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 and directs the Town Clerk to advertise for Fall Recreation Instructors; charge to be made to A7020.4, Recreation Administration, Contractual Expenses. 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 Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harri to execute an Agricultural Development Rights Acquisition - Option Agreement for the property of Ralph Pugliese, located north of NYS Route 25, west of Bridge Lane, Cutchogue, Tax Map Nos. 1000-85-2-p/o 1.2 & 1000-97-1-p/o 12.1, 20 acres, $6,250.00 per acres, for a total of $125,000.00; all in accordance with the approval of the Town Attorney. 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 Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby sets 4:30 P.M., Tuesday, Au~tust 25, 1992, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the question of the Acquistion of Development Ric~hts in the Agricultural Lands of Ralph Pugliese, located north of NYS Route 25, west of Bridge Lane, Cutchogue, Tax Map Nos. 1000-85-2-p/o 1.2 & 1000-97-1-p/o 12.1, 20 acres, $6,250.00 per acre, for a total of $125,000.00. 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. 10;-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 10,000 linear feet of snow fence, and 1,000 - 6 ft. studded steel "T" posts, for the Highway Department. 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 Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process in regard to the State Environmental Review Act in regard to the petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone from Light Industrial District ("LI") and Residential Office District (RO") to Hamlet Business District ("HB"). 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. 0 JULY 28, 1992 SUPERVISOR HARRIS: In commencing with this action I'd like to take a moment to turn this over to the Town Attorney to just explain why this action is necessary, or was necessitated. Mr. Arnoff. TOWN ATTORNEY ARNOFF: Basically the reason for this application was the result of several complaints, that were made to my office. An investigation was made, and it was found that this use was not a permitted use within the district, although it existed for many years prior to my becoming Town Attorney. It was not a permitted use within the Zoning permitted in the area. This is a patchwork quilt, this particular piece of property, it has two uses on it, none of which permit the use..two zones, I think it's "LI" and "RO", none of which permit this paricular use, and consequently the applicant was notified, that they were in violation, and was given an opportunity to either change the use, and make them- selves in conformity with the zoning on the property, or make an application for a change of zone with no representation being made by anyone, that they would get the approval, or not get the approval, but there would be an orderly process. That's what they're doing, and that's where we're at in the overall proceeding. 12.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Cramer, Voorhis g Associates, at a cost not to exceed $500.00, to review the Long Environmental Assessment Form with respect to the petition of William F. Gasser and The American Armoured Foundation, Inc. for a change of zone; said review to include applicant's Part I, prepare a Part II and III, draft a proposed declaration, including a field inspection; the cost of said review to be paid by the applicant prior to the commencement of the review. 1'2.-Vote of the '[own Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwardsr Supervisor Harris. This resolution was declared duly ADOPTED. COUNCILMAN PENNY: I would just to state, although my family corporation, my family corporation sold this property to Mr. Gasser, I believe it was in 1981, that I'm sure that it's clear from the date of this application, that there is absolutely no interest that I could possibly gain from voting for, or against, this particular application, but I just feel somebody in the background may dig up the fact that George L. Penny, Inc., sold the property to this gentleman. I mean, when people go as far as to critique whether or not a road is improved in front of a Councilman's house, I feel I'm up for scrutiny in just about everything I do. Thank you. _ JUSTICE EDWARDS: How about that tank with your name on the back? COUNCILMAN PENNY: My name is usually on the front of tanks. 13.-Moved by Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, a petition has been received from William F. Gasser and The American Armoured Foundation, Inc. for a change of zone on certain property located on the northeasterly side of Love Lane, Mattituck, from Lgiht Industrial District ("LI") and Residential Office District ("RO") to Hamlet Business District ("HB"); now, therefore, be it RESOLVED that the Town Clerk be and she hereby is directed to transmit this petition to the Southold Town Planninc. t Board and Suffolk County Department of Planninc. I, all in accordance with the Southold Town Code and the Suffolk County Charter. 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, moved by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with rec~ret, the resignation, of J. Stanley Parkin as a member of the Southold Town Stewardship Task Force, effective immediately, and extends their sincere thanks and appreciation to Mr. Parkin for volunteering his services on this important committee for the future of Southold Town. 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickhamr Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JULY 28, 1992 · 61 15.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the reimbursement fee of twenty cents (20(:) per mile to rotating lifeguard Angela Fioravantes, effective immediately, for travel between beaches. 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 Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby creates the position of Solid Waste Coordinator, sets a salary of $39,729.67 per annum for said position, and authorizes and directs the Supervisor to request a Certification of Eligibles List for said position from the Suffolk County Department of Civil Service. SUPERVISOR HARRIS: This resolution, before we proceed with the vote, is for a position, that already exists at the Landfill. The gentleman that is in that position had a title change by Civil Service, and the Board is proceeding based on the recommendations of Suffolk County Civil Service for that job description. 16.Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Klm Meyer and An~ela Fioravantes as instructors for the Recreation Department's basic and emergency water safety classes to be held at Matt-A-Mar Marina, 15 total hours, $10.00 per hour. 17.-Vote of the Town Board: Ayes: Councilwoman Hus$ie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Would the Town Clerk read the rest of the resolutions, please? 18.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the volun- teer services of the Amateur Radio Emergency Services lARES) and the Radio Amateur Civil Emergency Service (RACES) to assist the Town of Southold in their Emergency Preparedness Program. 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. JUSTICE EDWARDS: l'm voting yes on this, and I'm very involved in RACES as a ham radio operator in Connecticut, and people do not realize the services they provide until an emergency like Hurricane Bob, or the Halloween hurricane were to come through. The volunteers, that staff the communications buildings, and basically they are firehouses all over the New London, Saybrook, Westerly area, provide you would not believe the communications, that is available to the public from these hams. SUPERVISOR HARRIS: I'd like to congratulate the Town for moving on this front. As an Emergency Preparedness Coordinator for the Town, and having gone through two disasters last fall, it certainly shows that there was a need for some more preparation. Although the Town reacted, and responded marvelously to the situation, preventive medicine is one thing, but during the actual crisis any help is always needed, and certainly with the inclusion now of RACES those ham operators, amateur radio operators, that exists within this Township, and anywhere else that assist this township during a time of need, would definitely benefit the residents of Southold Town. JUSTICE EDWARDS: I've been also told by Mr. Raynor, that he hopes to start a course up.this fall, to see if he can get some of the youngsters involved in ham radio, which would be a plus for the area. SUPERVISOR HARRIS: Just for information there are over fifty ham operators, amatuer ham operators, within the Town of Southold's boundaries, that are on record with the FCC. 2 JULY 28, 1992 19.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby declares it's support for the goals of the Earth Summit and encourages President Bush to establish firm and ambitious timetables for United State greenhouse gas reductions and asks the United States government to support programs and policies designed to further the efforts of the Town of Southold to reduce energy use and greenhouse gas emissions, including: (1) improved automobile fuel efficiency standards to bring us to par with the other advanced industrialized nations; (2) reduce U.S. carbon emissions by at least 25%, (3) strengthen our economy by improving energy efficiency in transportation, industry and buildings, and (4) reduce our dependence on foreigh oil by expanding investments in clean, renewable energy. 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 Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby cjoes on record in opposition to H.R.1236/S.1650, The National Flood Insurance, Mitigation and Erosion Management Act of 1992, as Title XI of the Housing Bill, legislation which limits Flood Insurance protecting coastal property owners, and would result in the massive destruction of property values, the taking of private properties without compensation to the owners, and undoubtedly would result in serious long-term adverse effects on the tax income and economics of all coastal communities; and be it further RESOLVED that this resolution be transmitted to United State Senators Alfonse M. D'Amato and Daniel Patrick Moynihan, and Congressmen George Hochbrueckner, Thomas J. Downey and Robert J. Mrazek, and the Majority and Minority Leaders of the United States Senate and United States House of Representatives. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Justice Edwards, Supervisor Harris. Abstain:Councilman Wickham. This resolution was declared duly ADOPTED. COUNCILMAN WICKHAM: I abstain, because I haven't read the law yet. SUPERVISOR HARRIS: Let me just discuss for one minute the passage of a memorializing resolution by this Board dealing with the Flood Insurance. It's very important, we feel that we go on record supporting the rejection, or the undoing of a resolution, legislation that's in the Federal government right now, that has already passed the House of Representatives, and is still pending before the Senate, and the signature of the President. Obviously with two hundred miles of waterfront in Southold Town, not to mention all the other townships in Suffolk, and of course, on Long Island, and then going down the East Coast, not to mention the West Coast, it's very important that this type of insurance in these economic times be sustained for those individuals, who can ill afford insurance at all posSible with the cost that go with insurances of this kind. As President of the Suffolk County Supervisor's Association I'm going to ask that the Supervisor's Association pass this resolution, also, at our next regularly scheduled meeting, so that we can, also, go on record opposing this Federal legislation, which is pending right now in Washington. Thank you. 21.-Moved by Councilman Wickham, seconded by Councilwomao Hussie, WHEREAS, the Suffolk County Water Authority has requested a waiver of the Excavation Permit process with respect to the premises at 365 Dogwood Lane, Mattituck, New York; and WHEREAS, the Suffolk County Water Authority has agreed to abide by the rules and regulations set forth in Chapter 83, Street Excavations, of the Code of the Town of Southold, and perform all work under the supervision of Superintendent of Highways Jacobs; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby cjrants permission to the Town Clerk to issue an Excavation Permit waiver to the Suffolk County Water Authority with respect to the premises at 365 Dogwood Lane, Mattituck, all in accordance with the approval of Superintendent of Highway Jacobs. 21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. JULY 28, 1992 63 22.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Special Counsel Richard Cron to engage the services of an appraisal agency of his choice to conduct a pre-trial appraisal in preparation for the certiorari case of William F. Claudio, Inc., property located at 111 Main Street, Greenport, Tax Map No. 1000-5-4-38.1; cost of said appraisal not to exceed $1,000.00. 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 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 resumes for a part-time Account Clerk at a salary of $8.00 per hour. TOWN CLERK TERRY: This is a replacement of a part-time Account Clerk employee, who is leaving within the next month or so. 23.-Vote of the Town Board: Ayes: Counci-lwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd, also. like to mention at this time, that Carleen Graseck has been a valued employee of this Town. We wish her much success in the future with her endeavors, and the Town will miss her, obviously, in many years to come. 24.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints William Mann as a Traffic Control Officer for the summer season, effective immediately, at a salary of $7.72 per hour. 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 Councilwoman Hussie, seconded by the Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Ruth D. Oliva a member of the Southold Town Land Preservation Committee, effective immediately through July 3, 1994 (to fill the unexpired term of Charles Lauer), she to serve in said postion without compensation. 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, CoiJncilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.~Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an agreement between the Town of Southold and the North Fork Animal Welfare League, Inc. to extend the current agreement between the Town and League to December 31, 1992, and incorporating in said extension agreement five additional terms and conditions to be made a part of the existing agreement. 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: Are there any members of the audience, that would like to address this Board on any matter that you fell may be important to us to be informed about? Yes, ma'am? 64 JULY 28, 1992 MARYANN FERRERI: My name is Maryann Ferreri, and I'm a resident of Cutchogue. I'm a member of the sandwich generation, twenty-six years primary caregiving, thirty-four years in education. Each of those thirty-four years, along with under- classman, I taught seniors in high school. In 1986 I was retired as a teacher in the west end, and I was in the process of taking my mother into my home after she had lived an independent life with my father. They had been married 56 years. My father is deceased since 1981. It became apparent that I had to retire, because things were getting dangerous at home for my widowed mother. There were those people who knew through my credentials, that I supervised an English department, and I might say very happily, very professionally, and I was cheered, both for my work, and honored in my retirement. I built an extension on my home to take my mother in. This was after wretching decision in regard to complete home health care. In building that extension, most of my materials came from Penny Lumber. In the course of giving up my mother's home, I dealt with the real estates in town. In dealing with health care, I knew every office, and every agency in this town, and I had approached both the former Supervisor, and our present Supervisor, as to the dynamics of decisions, that had to be made in relation to this situation. In the course of my building I had a crew of twenty-four people, and I insisted on record, and in principle, that I would take these tradespeople from the town of $outhold, or close to it, rather than go back to people I knew for many years from the west end, who could have easily trucked material to my property to answer my needs. I am also in the position of an ombudsperson for the elderly. I had dealt with many, not only my mother, but many in town, many of whom were my neighbors. In my town of Cutchogue, people call me a lightning rod, a barometor, and sometimes uncomplimentary terms, because I insist on an honest day's work, with an honest day's pay. I have never been sorry, regretful, or pained by my position in dealing tradespeople in this town. However, dealing with what has gone on with this Home Occupation Law, I feel in contrast I must make a statement to each, and everyone of you. Outside of Mr. Wickham, whom I met only by a handshake at King Kullen at a time of election, and Justice Edwards, I have dealt personally with each of you people. In fact, Councilman Lizewski may not remember, when you were building, I seeked advise from you as you were swinging a hammer, and dealing with your tradespeople in your enterprise in Cutchogue. Our Town Attorney, we are meeting face to face today. I spoke with you on the phone in recent months, as you are going through the wretching decision concerning your parents, and where they will live, so that you can also have piece of heart, and piece of mind with regard to their twilight years. I know what it is to see division, but when I fell upon this issue of the Home Occupation Law, I saw what could be the essence of a very cruel division of generations in this town, and when I saw the Suffolk Times of June 16, 1992, and I will say, that I trust it is a misquote, but remember I l~u~htEnglish, and there are quotation marks around this statement. Cutchogue realtor Marion King voiced her support for the law as it applies to, and encourages young people-to remain in Southold Town, earn their livings, and raise families. Quotation, the young people are the backbone of this community, not our retired people. We certainly should put our emphasis on keeping our young people in business in Southold. That makes me very sad. With all due respect to Marion King, I hope this was a misquote. When I looked at the name, Ruth Jernick, who has reported from time to time. She may be in this room. She may not. I tried to make a contact. I was unable to do so. When we sat through meetings in the past with regard to this Home Occupation Law, one person was swearing, people were frightened, and there is the essence of fear. When we are told through personal attacks, and whatever, don't worry this law will be enforced correctly, but what was not said here today, as what I have been told on numerous occassions, on a case to case basis as the complaints arise, try explaining this to an elderly person on a fixed income, living in mortal fear, that his or her mansion built on sweat, may lose appreciated value, because some person, who has a truck parked in the driveway, that may appear unsightly, comes up to this elderly individual, and says,_it's none of your damn business what I do in my business. We had better get out of the penny candy store way of answering certain questions. This law must be enforced with full knowledge of the townspeople. Maybe it should bear some form of explaination, a preamble, a conclusion, that assures people that it will not cause an intergenera- tional war, which can very well happen, because as I'm there practically ever day in the summer trying to beat the weeds on my property, and do my job of keeping my home, and my property looking as it should, I'm constantly aware of neighbors, who say, what is this going to do to us? Not because they do not want to see young people survive. I'd be the greatest champion for young people. I dealt with them all my adult life, and I know what this generation has gone through to become adults, to fight wars, not to get credit for the wars they fought, to carry the baggage of mental, emotional, and familial calamities won't they? I know what young people are going through, but in my position in the sandwich genera- tion, I know what the elderly are going through, and I think it's important for the townspeople, and the Town government to be fully aware of every word, every sentence, every piece of punctuation, that exists in this law, or guess what? I worked in Dix Hills, and for the last eighteen years of my career schlepped 108 miles a day to go to my job, and come back home to my beloved Cutchogue. We are going to have the same problems, that those people have in the west, because the moneys from the west are coming into out town, and people may find loopholes to circumvent the law, as many people do to the west. Now, give all the promises you. want at this meeting, but I'd like to see a little more on paper telling me, since I'm now 61, that I can be assured, if I maintain my home to be a beautiful place, and enhance the properties, and the appreciation of values in my town, that somebody's going to respect me when he or she is performing an occupation in his, or her premises. Thank you. SUPERVISOR HARRIS: If I may, you and I have known each other for some time, dealt on many problems together, and hopefully have accomplished some goals, and while I respect your right to say what you feel is true, I also respect the right to disagree with you, and obviously I'm not sure if you have a full under- standing of this law, have read it thoroughly, however this Board has been deliberating on this issue for some years, two years. It has been in place for over one year, this amendment, with very few complaints, since the enactment of this amendment. It has proven to this Board, I think as had proven to the previous Board, that this amendment to the Home Occupation Law has worked. A few complaints, that have come in have been addressed, and dealt with to the best of my ability. As far as I know most of those complaints have been taken care of. This Town does not dwell on fining people out of existence. This Town's policy has always been getting people into compliance with the law, first and fore- most. If that is not possible, obviously the next course of action is needed, which is the court system, and the fines that will follow. This Board has deliberated on this issue now, through the courts, and a challange. The courts found that this law was not flawed, because of it's passage. It was flawed because of a technical deficiency through a process, which has been corrected. This Board has committed to making sure in these recessionary times, that people continue to work in this Township, and that the heritage of this town is maintained, and the quality that goes with it is sustained. It's very important, that you know as well as many other people in the town, that the law when it dealt with the parking of trucks had nothing to do with Home Occupation Amendment. That was a separate section of the Code, because that came up in a public hearing, that we had a year ago. It was another section of the COde, that was dealt with · which were signs, Which, again, did not deal specifically with this legislation. There was another section of the Code, that dealt with signs. However, that was addressed. There is no advertising of businesses. If there is, it will be strictly enforced, as ! have said before. This law has been in effect for over a year. It has worked. The Board members in the past, as well as the Board members of present, have been complimented by many, many individuals, who were in fear of this law, not knowing of change, and as you said, change certainly is something that everybody fears. I think what this law, it does is put more restrictions as was stated by Councilman Penny earlier this evening. That before there were no restrictions, and the Town was basically in a position where it could not enforce what was happening in a home. Now, it has that authority, to enforce, and restrict what goes on within a homestead, when it comes to a accessory use, such as hOme occupation. Thank you. MARYANN FERRERI: I understand what you're saying. I do not disagree with that, but I will say once again, there are many people in town, who do not under- stand when our town newspaper is taken half page, full page ads, by one factor or another, concerning fears with regard to this law. That is a red flag. That is a signal. Maybe what we have to do is publish some form of a letter to the townspeople, some kind of document, that can go out to the members of this town, to let them know that they should not live in fear, of legalized peeping-toms, who may be searching their homes for the possibility of a home occupation. When the statement in public newspaper saying, does a doctor have to fear accepting an emergency call? This is ridiculous, but by the same token, it is a fear that people have. There are fears on both sides. 66 JULY 28, 1992 SUPERVISOR HARRIS: If I may, Marya~nne, not to interupt you, are you finished? Okay. I have asked about that statement, that was in print, and it's my under- standing, that statement was never generated from the individual from which it was quoted. It obviously wouldn't make sense, because home professional has always been in place in this town, and those who have been in that occupation, whether they be lawyers, or doctors, have always responded to emergency calls, so I'm not sure how that statement ever got in the context that it did, and as you know, we have no control over the media, and we try to correct, as you have eloquently stated, misquotes, or statements that will put people in fear, and at the same time, there are those groups who stand for whatever group of people they represent without making themselves known to this Board, and not making themselves known who they represent, what their credentials are, who are their directors, or who are the spokespeople. This Board is not at all privy to any of those groups, when they are formed, and they stand for one particular issue. So, again, that's what makes America great. That's what democracy is about. MARYANN FERRERI: And this letter from the Town? SUPERVISOR HARRIS: Maryanne, I will certainly bring this up to the Board. They have heard now your... MARYA~IN FERRERI: Just to allay the fears, and for those people on the fringe, be they lunatic or otherwise, to take the wind out of their sails, because we'Ve also heard, well, if I'm the such and such in my occupation, am I included, or do I have to go to the town, and get permission? SUPERVISOR HARRIS: Absolutely. COUNCILMAN PENNY: Maryann, if I may just for a moment? I was probably the first that was quoted in Newsday, although I can't tell it was attributed to me, but I never made that statement regarding doctors. I have a full working knowledge of the law after a couple of years in the Legislative session on this, and believe you me, the doctors were never affected by this. I never even brought it up. I don't know where that came from. As far as some of innuendo, and the fears that have appeared in the papers, there have been people in opposi- tion of this law, that have used scare tactics to increase the credibility on their side, and their following on their side. The story about cesspool trucks being in everybody's driveway, etc., etc., I think people see through that after awhile, and they realize the shallowness of it. Once you've liy_ed in this community for any length of time, as you did, and as you went through the building process, under the fact that we didn't have a law, those young carpenters that were doing construction from their homes, not on their own premises. They were living in their houses, and were taking calls from you, and doing business with you over the telephone were in violation of the fact that there were no..there was no law addressing them in the first place. These young people are meaningful to us, as are the farmers in the area, the fisherman in the area, the tradespeople in the area, the people that are struggling to make a living out here. These people are the reason, that we addressed this law, and there was in that quote about Marion King, and quite honestly I know Marion. Marion is a senior citizen. Marion grew up in this community. Rather than cut short, as the paper did, I'd like to just read to you the context of which she spoke, and it said here, I just think, and this is from the public hearing, MARYANN FERRERI: Excuse me one minute. How many people are in this room? COUNCILMAN PENNY: I understand that. The TV is running. I can't follow the papers around. I can't. We can only do what we can do. We only have so much available to us. Quite honestly, good news never seems to follow as fast as bad news does, but, believe you me, we'll work on it. But Marion's quote was more like, and I'll read this verbatim, I just think you've got to realize the young people are the backbone of this community, not our retired people. Who runs the Fire Department? Who runs our ambulance service? It takes our young people to keep the town together, and they can not afford to be under very much more pressure. They're moving out in droves now, and it goes on. That is the .context, which Marion spoke. MARYANN FERRERI: But they are also serving the elderly, the infirmed, who are closeted in their homes, and not that those people want to be elderly, infirmed, and closeted. The fact is, those same people paid their dues. They paid their dues. They have been paying their taxes for many years, and that's an affront to them. What ever way she meant it, it's an affront to-elderly people, and I happen to be a retiree, and I pay taxes~ on two pieces of property, and I feel that I have been offended, but I can handle. I can handle it. I'm concerned about the elderly people on the same kind of fixed income, who can not fight for themselves. JULY 28, 1992 COUNCILMAN PENNY: I~m sure that that's not what Marion intended. SUPERVISOR HARRIS: Maryann, also, certainly this law applies to everyone in the town. It singles out no one, and certainly does not try to selectively say that just young people in this town are going to be working, and the elderly population, which is also dependent on making a living to pay their bills, aren't going to continue. This law covers everyone in the township. The majority is being taken care of by this Board, and being concerned about everyone in the community is what we're elected to do, so certainly your comments are well taken, and this Board will certainly deliberate on trying to get the message out, other than through the media that we have available, if this Board certainly deems, or perceives that there could be a problem in the weeks to come with this enactment of this legislation. Thank you for your time. Are there any other members of the audience, that would like to speak? Any members of the Town Board? (No response.) I'll entertain a motion to adjourn. Moved by Councilman Wickham, seconded by Justice Edwards, 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 ClerR