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HomeMy WebLinkAboutTB-12/22/1992272 SOUTHOLD TOWN BOARD DECEMBER 22, 1992 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. 9:35 A.M. - For Discussion Items: (1) Recommendation from Youth Board Chairperson Mary Ann Fleischman to appoint a new member to the Youth Board, Thomas Rabbitt, adult representative for Greenport School (see resolution no. 19). Councilman Lizewski stated he will be looking for another student representative to the Youth Board from Mattituck-Cutchogue School. (2) Set a public hearing on a proposed "Local Law in Relation to Alarms" which will eliminate Alarm Business installer licenses, which are now being issued by the NYS Department of State (see resolution no. 20). (3) Authorization for attendance at a conference was discussed in Executive Session (see resolution no. 23). (4) Recommendation from the Land Preservation Committee to go forward with acquisition of the development rights in three parcels (see resolutions 21 & 22 .to authorize Supervisor to execute Option Agreements and to set the public hearing). Art Ross, Chairman of the Land Preservation Committee will be asked to meet with the Board on January 19, 1993 to give the criteria for his committee's selections. (5) Proposal from Councilwoman Hussie to allocate funds for the acquisition of General Code Publisher's PC Codebook, which will computerize Southold Town's Code Book. .Councilwoman Hussie made a presentation outlining the programs and equipment needed, at a maximum cost of $7,900.00. Councilman Lizewski stated he would like to research this further when he attends the Association of Towns in New York City in February, 1993. Supervisor Harris advised the funds were not allocated in the 1992~or 1993 budgets. Councilman Penny said he does not see the need for the program. It will be explored at the Association of Towns, and if feasible the Board will determine if they will be able to find the funds in 1993. EXECUTIVE SESSION - 10:05 A.M. On motion of Councilwoman Hussie, seconded by Councilman Penny, it was Resolved to 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 personnel, possible purchase of property, and bid proposals. 11:55 A.M. - The Board reviewed the resolutions to be voted on~-at the Regular Meeting which commenced at 12:30 P.M. EXECUTIVE SESSION - 12:10 P.M. On motion of Councilman Penny, seconded by Councilwoman Hussie, it was Resolved that the Town Board again 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 personnel. , , , REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tuesday, December 22, 1992, at the Southold Town Hall, Main Road, $outhold, New York, Supervisor Harris opened the meeting at 12:30 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 Assistant Town Attorney Matthew G. Kiernan SUPERVISOR HARRIS: I'd like to welcome everyone to the Town Board meeting. I need approval of the audit of the bills from December 22, 1992. Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $47,799.45; General Fund Part Town bills in the amount of $31,521.42; Nutrition Fund bills in the amount of $2,768.41; Adult Day Care bills in the amount of $68.92; Home Aide Program bills in the amount of $84.00; EISEP Program bills in the amount of $223.60; Community Development Fund bills in the amount of $14,098.45; Highway Fund Whole Town bills in the amount of $37,259.03; Highway Fund Part Town bills in the amount of $2,351.65; Human Resources Center bills in the amount of $205.74; Open Space Capital Fund bills in the amount of $300.00; Computer Capital Account bills in the amount of $435.34; Scavenger Waste Facility bills in the amount of $466.00; Employee Health Benefit Plan bills in the amount of $46,443.69; Fishers Island Ferry District bills in the amount of $22,891.13; Southold Wastewater District bills in the amount of $22,583.34; Fishers Island Sewer District bills in the amount of $267.14; Southold Agency & Trust bills in the amount of $4,978.22; Fishers Island Ferry District bills in the amount of $632.29. 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 minutes of December 8, 1992, Town Board meeting. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the minutes of the December 8, 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 to approve the Organizational Meeting for 1993 on January 4, 1993. Moved by Councilwoman Hussie, seconded by Justice Edwards, it~was RESOLVED that the Orcjanizational Meeting of the Southold Town Board will be held at 4:00 P.M. , Monday, January 4, 1993, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to set January 5, 1993, 7:30 P.M. as the next regularly scheduled Southold Town meeting. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the next recjular meetincj of the Southold Town Board will be-- held at 7:30 P.M., Tuesday, January 5, 1993,,at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. l This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: We are meeting in this room, because the DEC has made itself available all week to help those individuals throughout the storm damage, that occurred from this large Noreaster, that just tore through this township, as well as the rest of Long Island, and we are appreciative of the DEC helping the individuals, and certainly the commercial sector of this town, and getting the permit process squared away, and they are using the Board room all day, so we thank them for their diligence in this accord. At this time, I'd like to put in memory, Bob Muir, who was an individual who was highly esteemed by this Township, who worked for this Town, and Councilman Penny would like to put into the record in memory of Robert Muir. Please stand while Councilman Penny reads this. COUNCILMAN PENNY: Robert Muir, Iongtime Director of Health and Physical Education in the Mattituck-Cutchogue School District, died on Friday, December 18, 1992. Mr. held his position with the district for 40 years, and in 1991 was named to the Suffolk County Sports Hall of Fame. Mr. Muir also ran a swimming program for the Suffolk Branch of the American Red Cross for nearly 50 years, until 1991. He had been a lifeguard instructor, and for many years managed lifeguards at various Southold Town and Park District beaches. Rober Muir started the first Little League baseball team in the Mattituck area over 41 years ago. He coached the Mattituck Soccer Leagues for three decades, and during that time his teams recorded 509 wins, 52 losses, and 33 ties, while winning 14 league championships and 11 Suffolk titles. Coach Muir loved children. He loved working with children and devoted his career to them. I'd just like to add that Coach Muir was my Red Cross instructor, and when I took swimming lessons down in New Suffolk, he was the Coach in the high schoo'l throughout the entire time, and we could go on for days, and hours with his contributions to Southold Town, and the kids in this town through his dedication. Unfortunately, there's only so much you can say in memory of someone, but this could go on for hours. Coach Muir, as he is known to everybody, was a very, very dedicated person, and it has been a honor to have known him. Thank you. SUPERVISOR HA'RRIS: I, also, would like to just comment, that when 1 was very, very young,, being born and raised in Orient, swimming lessons in the summer were a standard item, and every August Bob Muir was there with, I'll say, with a tremendous amount of patience for, especially those children from that area, to teach them how to swim, and Bob taught me how to swim, and I remember full well many other individuals throughout the years~ that he also taught to swim, and his memory will obviously will be etched in many of our minds for all eternity. So, with that, we wish him, obviously, with God speed his memory is with us, as I said, in the record now. Thank you very much. I. REPORTS. 2. 3. 4. December, 1992. 5. Councilmen's Reports. 6. Supervisor's Reports. Lawrence Healthcare PBA Benefit Report for November, 1992. Southold Town Board of Trustees' Report for November, 1992. Supervisor's Monthly Budget Report for November, 1992. Southold Town Developmentally Disabled Recreation Program Report for II. PUBLIC NOTICES. 1. Corps of Army Engineers, Department of Army New York District, application of Joseph Fudjinski to extend an existing pier by adding a 4 foot by 30 foot fixed pier, a 3 foot by 10 foot ramp, and a 6 foot by 20 foot float, in Little Peconic Bay, New Suffolk, Southold, New York. III. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1. 11:27 A.M., on a proposed "Local Law in Relation to One-Way Streets". V. RESOLUTIONS. SUPERVISOR HARRIS: We have about 23 resolutions. We have one public hear- ing. Are there any members of the audience, that would address this Boa:rd on the resolutions, that we'll be acting upon in the next few minutes? (No response.) If not, I will have the first resolution read by Councilman Penny. 1.-Moved by Councilman Penny, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold on the 10th day of November, 1992, a proposed Local law No. 33 - 1992 entitled, "A Local Law in Relation to Accessory Buildinqs"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for recommendations and reports; and WHEREAS, a public hearing was held on this proposed Local Law on the 8th day of December, 1992, at which time all interested persons were given an opportunity to be heard; now, .therefore, be it RESOLVED that the Town Board here enacts Local Law No. 33 - 1992, which reads as follows, to wit: LOCAL LAW NO. 33 - 1992 A Local Law in Relation to Accessory Buildings 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 100-33 (Accessory Buildings) is hereby amended by addinq thereto Subsection C to read as follows: C. In the case of a waterfront parcel, accessory buildings and structures ma), be located in the front yard, provided such buildings and strucutres meet the front-yard set back requirements as set forth by this code. II. This Local Law shall take effect upon its filing the Secretary of State. * Underscore represents addition(s) LEGISLATIVE INTENT Recognizing that it is not always in the best interest of the Town, environmental and otherwise, to permit accessory buildings or structures to be placed in the rear yard of waterfront parcels, while at the same time recognizing that the owners of these parcels should enjoy the same rights to utilize their property as do owners of non-waterfront parcels, the Town Board seeks, through this amendment, to permit owners of waterfront parcels to' place accessory structures within the building envelopes of their front yards. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski; Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham. This resolution was declared duly ADOPTED. COUNCILMAN WICKHAM: I'd just like to say there is already a~means by which people can do this. It's established through an appeal to the Zoning Board, and I feel that the current system affords more protection for the people living across the street from these waterfront homes, than would be the case here, so I don't support this. 2.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, WHEREAS, there was presented to the Town Board of the Town of Southold on the 10th day of November, 1992, a proposed Local Law No. 34 - 1992 entitled, "A Local Law in Relation to Affordable Housinc~"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for recommendations and reports; and WHEREAS, a public hearing was held on this proposed Local Law on the 8th day of December, 1992, at which time all interested persons were giv,?n an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 34 - 1992, which reads as follows, to wit: LOCAL LAW NO. 34 - 1992 A Local Law in Relation to Affordable Housing 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 100-51 (Definitions) is hereby amended to read as follows: MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in Section 100-56E hereof. In no event shall the purchaser of said dwelling unit be responsible for the payment of any utility hook-up fees including those customarily charged for bringing same from the lot line to the dwelling house. MODERATE-INCOME FAMILY UNIMPROVED LOT - An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price, inclusive of the cost of providing public water and/or public sewer service to the lot, does not exceed the maximum sales price set forth in Section 100-56E hereof. Said unimproved lot shall mean a vacant parcel of real property designated as a lot on a filed map inclusive of all utilities brought to the property line. UTILITIES - Utilities under this Article shall be defined as electric, gas (if provided to the subdivision) telephone and water. Cablevision shall be provided without cost only to the lot line. Section 100-55A of the Code of the Town of Southold is hereby amended to read as follows: Ao Application Procedure. The procedure for planning and zoning approval of any future proposed development in an AHD District shall involve a tw~-stag~- three- stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. an~J- the ~on+ng-reeka~s-if~c-a~ion-eF a ~ accords~ ~ha~ (2) Approval of the final, detailed s~L~-I~n an~t- subdivision, plat ~l~;~f~ reqttired;- by the Planning Board. * (3) The zoning reclassification of a specific parcel or parcels of land for development in accordance with that plan. * The town shall, in all instances, process (2) and (3) above concurrently so as to enable the municipality to utilize a sinqle SEQRA process and conduct a coerdinated review of the entire application. 3. Section 100-55B(5)(g) is hereby deleted in its entirety as follows: L~. Section 100-55B(6) (fees) is hereby added to read as follows: 6 Fees. - Notwithstandincj anything to the contrary, the fees applicable to AHD zoning application processes shall be as follows: There shal be no fee for the submission and (_a) consideration of a preliminary development concept plan. (b) The fee for change of zone shall be five hundred dollars ($500.00). (c_) (d) The subdivision fees shall be assessed in the fo owing! manner: fifteen dollars ($15.00) for each proposed dwelling unit or five hundred dollars ($500.00) which ever is greater. The applicant shall be responsible for any professional review fees necessarily incurred by the Town in conducting its coordinated review of the application. DECEMBER 22, 1992 277 o Section 100-55F(2) of the Code of the Town of Southold is hereby amended to read as follows: (2) Al:rpr~vaF-of- Upon request to the Town Board on notice to the applicant and for good cause shown, the establishment of an AHD District sh~+l-exsrire may be revoked twe+ve ~nF ex. re eighteen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion ~ith reasanable diligence. (2) (b) The Town Board, upon ~ppt~t~ion-request of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend b~h-oF the above time p e r i od s- f~r-n ot -~r~re- ~ h~- ~-(-~)- -~d~t Pei o n~+ Imel~mls of n~ mol'e-%han-sF'~ (6~ n~n'¥bh~ ea~h: In the event of the e×1~ra~iorr revocation of approval as herein provided, the AHD District shall be deemed revoked. and the zoning classification of the property affected thereby shall revert to the zoning classification that existed on the property immediately prior to the establishment of the AHD District thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. 6. Section 100-55G is hereby amended to read as follows: G. S'}t~ P+~n and-Subdivision plat approval by the Planning Board. 7. Section 100-56D is hereby amended to read as follows: Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots reserved for moderate-income families~ who have not had any ownership interest in any residence or vacant lot for the past three {3} ye~fs-five (5) years, shall be allocated on a priority basis, in the following order: 8. Section 100-56F[~,)(b) is hereby amended to read as follows Year of Resale Percentage Percentage After Purchase To Owner To Town 1st 0% 100% 2nd 20% 80% 3rd q0% 60% Cth 60% ~0% 5th 80% 20% 6th 90% 10% 7th or beyond 100% 0% Section 100-57C[8) (Covenants and Restrictions) is hereby added to read as follows: (8) The only covenants and restrictions which may e~e~be placed upon any lot or dwelling unit in an AHD District must be first approved by action of the Town Board. 10. Section 100-59 (Violations) is hereby added to read as follows: Any violation of any provision of this article shall be punishable in the following manner: 1st offense - By a fine of not less than oen thousand dollars ($1,000.00 nor more than five thousand dollars ($5,000.00). 2nd offense and for an,/ offense thereafter by a fine of not less than five thousand dollars ($5,000.00) and not more than ten thousand dollars ($10,000.00) for each offense. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions ** Underscore represents additions 2.-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 don't support this one either. There is a study being made, at the present time about affordable housing, that I think it ought to take place before we adopt all of this. I don't approve of the idea of allowing the Town Board to keep open indefinitely a change of zone for affordable housing. If the town needs it, it needs it now. If it doesn't need it now, it ought to be rescinded, and finally I don't think that the way that the two step process is being changed into a three step process with the additional bureaucracy involved, and also, with the mean by which the Town Board would now rule on a basically the concept plan in detail. It seems to me it would take away some of the prerogatives that belong with the Planning Board, so I don't support this. COUNCILMAN PENNY: I support it, and if what Tom was saying was true, 1 would not support it. But, I believe that he has misconceived the intention of what is going on here. There was a law that was a three-step procedure, and it was totally unclear in the application process how things were supposed to be handled. One was handled one way, another one came in, and was handled another way, and so what we did is we clarified it. We put this so that the Town has firmer control. It's clearer for the applicants, who apply for this, what they're getting themselves into. As far as leaving the affordable housing applications open, the Town Board now has the power, if they want, to remove, or to put ba~k to restore this. They have that ability in the law, that is being drafted right now. The way it was, it was out of control for t~e Town Board. A developer, or someone else, could have walked in, and said, that things are not working, and they wish to be removed from the roles. Right now, the Town Board has control. The Town Board gives an affordable housing zone. The Town Board has the ability now to take it away, after just causes show that it has not followed through. So, the intent of affordable housing always was to be in the hands of the Town Board, and this re-enforces that. There are many other provisions in here, which are loopholes in the law, which have been brought to our attention over the last two years. I have been patiently waiting for the affordable housing report. I went to the Zoning and Planning Committee, asked their permission to proceed with these in October, and this is the first indication that I have, and it was up for public hearing, -that this a change of attitudes. COUNCILMAN WICKHAM: You didn't ask for permission. COUNCILMAN PENNY: I told everybody what was going on. I said, were there any objections, and there were none. I p-r-oceeded in that direction, and this is the first indication that I got was at the public hearing, is that Zoning and Planning should deal with this. Well, I wish it had been done, because we've been waiting for two years for many of these issues to be dealt with. We have an affordable project, which is coming up again~ and if we keep waiting then more will escape through the same pitfalls, that others did. So, I feel it's very important that this be put in place. 3.-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the application of John C. Tuthill for renewal of his sinqle family house trailer permit, for trailer located on the east of Elijah's Lane, Mattituck, which permit expires on January 19, 1993, be and hereby is granted for a six (6) month period. 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 Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Edward Stanley, Southold, in the amount of $702.00, for purchase, from the Town of Southold, of three (3) used Police Department vehicles in as-is condition: One (1) 1985 grey/silver 4-door Plymouth, One (1)1987 blue 4-door Plymouth, One (1) 1985 white 2-door 4X4 Ford Bronco. 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Lena Conte as a part-time Tax Receiver Clerk, effective immediately, at a salary of $6.35 per hour. 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 Supervisor Harris, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 20th day of October, 1992, a proposed Local Law No. 35 - 1992, entitled "A Local Law in Relation to Open Storage"; and WHEREAS, this Local Law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for recommendations and reports; and WHEREAS, a public hearing was held on the 24th day of November, 1992, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 35 - 1992, which reads as follows, to wit: ~ LOCAL LAW NO. 35 - 1992 A Local Law in Relation to Open Storage 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 100-236 (Open Storage) is hereby amended to read as follows: No unenclosed storage, except parking of operable passenger vehicles capable of passing inspection or recreation vehicles or boats and commercial vehicles as set forth in Section 100-191, shall be permitted in a residential district. B-.---~Prtem ol~-ln-st~ge ii- perrmi*~t~-d i-m a corr.~er~Fa~ or ~he foHow~n~j- conoti~h~rs- sh~+l- be-met~.- ~wel~rt'y-ffve (~5~ fe~t-of a reskSen~i~l d+mbmic~t II. or h~ eo~e~ ~rou~ the ~?ph~ of the area us~ ~m su~ ~7 su~ec~ ~ the a~-e~ the This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) COUNCILMAN PENNY: I would like to note, also, in this resolution, that this proposed Local Law was discussed thoroughly at the 12/9/92 Legislative Committee meeting. Open storage is covered in other sections of the Code, 100-210, 100-211, 100-212, 100-213, 100-214, and 100-252. We discussed this. Several people from the community, that had concerns about this Local Law were there also, and there were no objections to us passing this Local Law after a thorough review of these sections. 6.-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. COUNCILWOMAN HUSSIE: I want to say that despite the section cited by Mr. Penny, they covered landscaping, and they do talk about visual intrusion, but I don't feel secure about the fact that they don't talk about open storage perse, and it's not being addressed positively, therefore I'm against it. COUNCILMAN WICKHAM: I oppose it. I think the message we're sending out with this, if we adopt this, is that we basically are open to people just storing stuff in commercial areas with no screening of any kind. There are some tangential references elsewhere in the Code, but it seems to me that in the absence of a legislative intent, that we really do want to see some screen here, it would be a mistake to pass this. COUNCILMAN PENNY: I would just like to say in reading transitional buffer are 100-213, which addresses this, and it's one of the sections, that as far as the intent is, it's in 100-213. The purpose of the transition buffer area is to provide privacy from the noise, headlight glare, and visual intrusion to residential dwellings. The buffer area should be required along all boundaries of a non- residential lot abutting any lot in residential district. Such buffer area shall comply with at least the following minimum standards. That is already in place in our law. When we started to draft a law, or to relate to this law 100-236, we sat down, and we created a legislative intent. It' almost amazing that the wording of the creation was almost exactly the same wording that already appeared in the Town Code in 100-213. Once we were assured, that visual intrusion meant a lot more than storage, then most of the people, as you can see here were placated. So, visual intrusion is a catch-all word, that covers anything between these two areas, that the Planning Board'may want to screen from the public. So, the public can be re-assured, that there is no message here, that anything is easier, but that the Planning Board now has flexibility in each district, which it didn't have under the other law. The Hamlet Business district, which now has fifteen feet, was restricted to twenty-five feet, a twenty-five foot buffer in the other law. So, this, again, was one of the inconsistencies, that the Legislative Committee has been working toward., and trying to make sure at the same time, that we haven't given anything away. Thank you. 7.-Moved by Councilman Wickham, seconded by Justice Edwards, it .was RESOLVED that the application of Anqe & Barbara Boursiquot for renewal of their .single family house trailer permit, for trailer located on a private road, off of the north side of Main Road, Mattituck, which permi:t expired on November 4, 1992, be and here is 9ranted for a six (6) month period. 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 Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of G.T. Power Systems, in the amount of $47,877.00, for the purchase of one (1) Emergency Generator System for Southold Town Police Headquarters, and the installation of one (1) existing Town-owned Generator at Southold Town Hall, all in accordance with the bid specifications, and the recommendation of Commissioner of Public Works Jacobs. 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Supervisor Harris. No: Councilman Wickham, Justice Edwards. This resolution was duty ADOPTED. COUNCILMAN WICKHAM: I feel that the Town does not have to incur this expense at this time. We have an adequate generating capacity, and this is just an expenditure, that need not have been made at this time. JUSTICE EDWARDS: I vote, no on this, because c~f the correspondence we got from Mr. Frohnhoefer, and I think even though his price was more, like $3,000.00 more, excuse me $12,000, but being ~n town, and I think just the services, and he did cite some things in the spec, that G.T. Power did not meet, so I'm voting no. SUPERVISOR HARRIS: I'm voting, yes on this, and particularly because this is at Feast a year or two late already, since this was started. We're very fortunate with this last storm, and I'll call it a hurricane, because it was, although there wasn't an eye to define it as one. When you have winds of 90 miles an hour, and plus, and this town was definitely hit very hard by this occurrence. This is definitely needed in absence of LILCO through a storm of this magnitude. We were very fortunate at this time, that the power was not out for a long time in duration, as it has been in the past. The Southold Town Highway Department had to go on emergency generation. The Southold Town Police Department was on emergency generation, because the current was going on and off, which completely destroys any computer system, which were running, which it had done, especially in the Police Department, and I feel that this is absolutely a necessity, especially as the Emergency Preparedness Coordinator for this town there is no doubt in my mind, that this generation should have been done many, many years ago, and for us to continue to bicker about this, and that is only making this town more susceptible, especially this winter with more storms ~that are still going to be coming our way. I can't stress enough the problems that we had a year ago in the hurricane, when the power was out, and the amount of emergency situation that we had occur in the Police Headquarters, because of the inadequacy of that generator running up, .including those individuals who worked in there, that were at jeopardy. So, I'm absolutely delighted that this is finally moved to accept this bid, and I hope that they get this installed as soon as is physically possible~ 9.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the application of Maddie Miles for renewal of her single family house trailer permit, for trailer located on a private road off of the north side of Main Road, Mattituck, which permit expires on December 22, 1992, be and hereby is cjranted for a six (6) month period. 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 Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Malvese Equipment Company Inc., Riverhead, for supplying the Southold Town Highway Department with one (I) Used 1989 445C Tractor Loader, at a bid price of $18..900.00, all in accordance with the bid specifications. 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2 8 2 ECE .E. 11 .-Moved by Councilman Lizewski, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby allocates a sum not to exceed $1,100.00 from the 1993 Budget, A1010.4, Town Board, Contractual Expenses, for the Southold Town Youth Conference to be held on February 11, 1993. 11.-Vote of the Town Board: Ayes: Counci woman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Justice Edwards, 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 the first and final Change Order for the Fishers Island, Elizabeth Field Airfield Lighting, Visual Aids and Electric Building project, which change order results in a $13,065.99 decrease in the contract amount; said change order is in accordance with the recommendation of Calocerinos & Spino, P.C., the Town's engineers for the project. 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Attorney to take the necessary lec~al action to draw upon the $300,000.00 First Indemnity of America Insurance Co. Performance Bond No. 621920 for major subdivision of Richmond Shores, Peconic, whereas the necessary improvements have not been installed, and the Planning Board has not received the required extension of the subdivision bond which expire on December 29, 1992. COUNCILMAN PENNY:I'd like to raise a question on this. In the paragraph two here it goes, the above referenced bond does state that it will remain in full force, and effect, until the improvements are completed to the satisfaction of the Southold Town Planning Board in Town of Southold. What does that mean? SUPERVISOR HARRIS: That means the bond that is in effect, right now, is the bond that they say will stay into effect until they complete.. ASSISTANT TOWN ATTORNEY KIERNAN: Harvey spoke to the gentleman, and Harvey reviewed the bond. It was Harvey's opinion, that this ~as not that kind of bond, and his opinion is contrary to that set forth in the correspondence referred to. TOWN ATTORNEY ARNOFF: The language of the bond, as it exist, it is at best artfully drawn, and it does not adequately protect the town. They went through this two years ago, when this original bond expired, and despite the protestations of the applicant, he got a two year extension. He just doesn't feel like doing it now. COUNCILMAN WICKHAM: If we get the ex.tension, presumeable we won't draw on it. TOWN ATTORNEY ARNOFF: asking for is an extension. We absolutely won't draw on it. All we're really 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 Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1992 Budqet to cover overdrawn To: Al110.1 A1310.1 A1330.4 A1355.1 A1420.1 line items: Justices, Personal Services $ 3,000.00 Accounting & Finance, Personal Services 1,000.00 Tax Collection, Contractual Expenses 500.00 Assessors, Personal Services 5,500.00 Town Attorney, Personal Services 300.00 14. 15. A1440.4 Town Engineer, Contractual Expenses 300.00 A1490.1 Public Works Administration, Personal Services 5,0013.00 A1640.4 Central Garage, Contractual Expenses 500.00 A3310.4 Traffic Control r Contractual Expenses 500.00 A4010.1 Public Health, Personal Services 200.00 A4046.1 Handicapped Program, Personal Services 500.00 A5110.1 Superintendent of Highways, Personal Services 6,000.00 A6772.1 Programs for the Aging, Personal Services 3,000.00 A7020.1 Recreation Administration, Personal Services 1,000.00 A7020.4 Recreation Administrationr Contractual Expenses 1,000.00 A7180.4 Beaches, Contractual Expenses 1,000.00 From: A1910.4 Insurance, Contractual Expenses $ 29,300.00 -Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. -Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following] budget modification to the General Fund - Whole Town 1992 Budget to appropriate Park & Recreation funds for DEC permit for Fishers Island boat ramp: To: Revenues: A2025 Special Recreation Facilities $ 410.00 Appropriations: A7110.2 Parks, Equipment $ 410.00 JUSTICE EDWARDS: I move this very happily, because we do need the boat ramp on Fishers Island, and with these permits it allows us to go out, and do the dredging, and as long as we're on record here, Ray Jacobs has promised to put a new floor in for the ramp by next spring, and we really need it on Fishers Island. -Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15. 16.-Moved by Councilman Wickham, seconded by Supervisor Harris, ~t was RESOLVED that the Town Board of the Town 'of Southold hereby authorizes the following 1992 Budget modification to the General Fund - Part Town to cover overdrawn line items: TO: - 'B3020.1 Public Safety Communications, Personal Services $ 15,000.00 B3020.4 Public Safety Communications, Contractual Exp. 3,000.00 B3130.I Bay Constable, Personal Services 2,000.00 B3620.1 Safety Inspection, I~ersona Services 1,000.00 B4010.1 Public Health, Personal Services 200.00 B8020.1 Planning, Personal Services 2,000.00 B8020.4 Planning, Contractual Expenses 500.00 From: B1989.4 Funded Deficit, Contractual Expenses $ 23,700.00 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 Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinq budget modification to the Highway Fund - Whole Town 1992 Budget to provide for tractor: To: DA5130.2 Machinery, Equipment $ 1,000.00 From: DA5130.4 Machinery, Contractual Expenses $ 1,000.00 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 Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ budc~et modification to the Fishers Island Ferry District 1992 Budget to cover overdrawn line Items: To: SM.1420.2 Attorney, Contractual Expenses $ 2,000.00 SM.1910.4 Insurance, Contractual Expenses 20,000.00 Sm.5709.2 Dock Repairs, Equipment 2,000.00 From: SM.5710.4 Ferry Operation, Contractual Expenses $ 24,000.00 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 Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Rabbitt a member of the Southold Town Youth Board, effective immediately through December 31, 1993, he to serve in said position without compensation. 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, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Alarms"; now, therefore, be it RESOLVED that the Twon Board hereby sets 4:30 P.M., Tuesday, January 19, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public meetin~ on the aforesaid proposed Local Law, which reads as follows: A Local Law in Relation to Alarms BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 2u, (Alarm Systems) of the Code of the Town of Southold is hereby deleted in its entirety and a new Chapter 24 (Alarm Systems) is adopted to read as follows: Section 24-1. Purpose. The purpose of this chapter is to establish standards and~controls of the various types of fire, intrusion, holdup and other emergency signals from fire and police alarm services that require Fire Department or police responses, investigation or safeguarding of property at the location of an event reported by a sigr~al which is transmitted by telephone or radio to the Police or Fire Department from a central station as hereinafter defined. Section 2u,-2 Definitions. For the purpose of this chapter, the following definitions shall apply: ALARM INSTALLATION - Any fire or police alarm device or aggregation of fire or police alarm devices installed' on or within a single ~building or on or within more than one (1) building or area adjacently located on a common site at a specific location. CENTRAL ALARM STATION - Any facility operated by a private firm that owns or leases a system of fire or police alarm devices, which facility is manned by operators who receive, record or validate alarm signals and relay information about such validated signals to the Police or Fire Department when appropriate. DIAL ALARM - Any fire or police alarm device which is a telephone deyice or telephone attachment that automatically or electronically selects a telephone line connected to a central alarm station or police headquarters and reproduces a prerecorded message to report a criminal act or other emergency requiring the polide or fire department. DECEMBER 22, 1992 285 DIRECT ALARM - Any fire or police alarm device connected directly by leased telephone wires from the specified location to police headquarters or the Fire Department. EMERGENCY ALARM - Any fire or police alarm device designed to be activated by a fire, criminal act or other emergency at a specific location or by a victim of a holdup, robbery or other emergency or criminal act at a specific location. FALSE EMERGENCY ALARM - Any signal activated by an emergency alarm to which the Fire or Police Department respondes which is not the result of a fire, holdup, robbery or other crime or emergency. FIRE DEPARTMENTS - Buildings owned by the Fire Districts of Orient, East Marion, Southold, Cutchogue, Mattituck and their respective protection areas. FIRE OR POLICE ALARM DEVICE - Any device which, when activated by a fire, criminal act or other emergency requiring Police or Fire Department response, transmits a prerecorded message or other signal by telephone, radio or other means to a central alarm station or directly to the Po ice or Fire Department or produces an audible or visible s'gna designed to notify person within audible or visible alarm range of the signal. INTRUSION - Any entry into an area or building equipped with one (1) or more fire and police alarm devices by any person or object whose entry actuates a fire or police alarm device. LICENSING AUTHORITY - The Town Board of the Town of Southold or its designated agent. POLICE HEADQUARTERS - Police headquarters and other enclosures housing privately or publicly owned equipment serv'ng the police. TOWN OF SOUTHOLD - All of the Town of Southold excluding Fishers Island. ' Section 2u,-3 Permit required. Any property owner or lessee of property in the Town of South01d having on his or its premises a fire or police alarm device, or system of fire or police alarm devices, shall apply to the licensing authority for a permit to own or otherwise have such device on his or its premises. The application shal contain provisions relating to the device or system of devices installed or to be installed on the premises. No such device may be installed on the premises of the owner or lessee and no presently existing fire or police alarm device complying with the provisions of this chapter shall be modified after the effective date of this chapter prior to the licensing authority's having issued a permit to such owner or lessee. Such permit shall be valid for a period of one (1) year from issuance and must be renewed upon expiration. Section 2/~-~;. Fees Permit fees shall be as fol ows: Owner or lessee permits (1) Initial permit: twenty-five dollars ($25.) (2) Renewal permit: Ten dollars ($10.) 2 8 6 DEC.MBE. 22. ,,,2 Section 2q-5 Intentional False Alarms. It shall be a violation of this chapter to intentionally cause a false emergency alarm, and any person who does intentionally cause a false emergency alarm shall be subiect to the penalty provisions hereof. Section 2~,-6 Charges for false alarms, Any owner or lessee of property having a fire or police alarm device or system of fire or police alarm devices on his or its premises on the effective date of this chapter shall pay to the town a charge for each and every false emergency alarm to which the Fire or Police Department responds, in each calendar year, as follows: (1) First, and second false emergency alarm each calendar year: no charge. (2) Third and all subsequent false emergency alarms each calendar year: one hundred dollars ($100,). The above charges shall be paid to the Town Clerk. Failure to pay any such charges shall subject such owner, lessee or user to the penalty provisions of this chapter. Co The Licensing Authority shall promulgate rules, regulations and standards, which may be necessary for the purpose of assuring the quality, efficiency and effectiveness of fire or police devices and alarm installations owned, operated, maintained, installed, leased or sold by a ticensee pursuant to Article 6-D of the General Business Law of the State of New York and to facilitate the administration of this chapter. The Southold Police Department shall enforce the provisions of this chapter. The aforesaid rules, regulations and standards shall be set forth in writing, and copies shall be available for licensees. Section 2~,-7 Severability. If any part or parts of this chapter are for any reason held to be invalid, such decision shall not affect the validity of the re~ainlng portions of this chapter. The Town Board hereby declares that it would have passed the local law enacting this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrase might be declared invalid. Section 2L~-8 Penalties for offenses. Any person, firm or corporation who or which does not pay any charge or fee established in this chapter who 'or which violates any provision of this chapter shall be subject to a fine not in excess of two hundred fifty dollars ($250.) for each offices. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed, and such violation may constitute disorderly condLJct, in which event such person shall be a disorderly person. II. This Local Law shall take effect upon its filing with the Secretary of State, COUNCILMAN PENNY:This proposed Local Law takes licensing from the Town of Southold, and gives it to the State, I believe, Judy? TOWN CLERK TERRY: Department of State. Business licenses for the installers. COUNCILMAN PENNY: This is something that the State if taking over, The Town will no longer have to deal with that, This for the.installers only, Itdoes not effect the people that have the alarms, but only the installation of alarms, JUSTICE EDWARDS: Is this a new State Law? ASSISTANT TOWN ATTORNEY KIERNAN: The General Business Law was amended to give the State the power to license businesses, who installs alarms. We'll still give permits for owners, and users, and we'll charge fOr more than two false alarms in any one year. JUSTICE EDWARDS: The .State will? TOWN CLERK TERRY: No, we will. There's no change in our law, except we don't license installers. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-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. Harris to execute Agricultural Development Rights Acquisition - Option Agreements for the following three parcels, al in accordance with the approval of the Town Attorney: 1. Hope T. Gillispie and Diana Alford, north side Main Road (Route 25), Orient, Tax Map No. 1000-20-1-2, 20 acres, $13,500.00 per acre, for a total of $270,000.00. 2. Catherine Simicich, south side Bergen Avenue, Mattituck, Tax Map No. 1000-113-7-19.22, 30 acres, $10,000.00 per acre, for a total of $300,000.00. 3. Spectacle Ridge, Inc., southeast side Oregon Road, Cutchogue, Tax Map No. 1000-84-1-p/o 2, 18.7918 acres, $9,976.00 per acre, for a total of $187,467.00. 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. 22.-Moved by Councilman Penny, seconded by Councilman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby sets 4:35 P.M., Tuesday, January 19, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the question of the Acquisition of Development Rights in the Agricultural Lands of the following properties: 1. Hope T. Gillispie and Diana Alford, north side Main Road (Route 25), Orient, Tax Map No. 100-20-1-2, 20 acres, $13,500.00 per acres, for a total of $270,000.00. 2. Catherine Simicich, south side Bergen Avenue, Mattituck, Tax Map No. 1000-113-7-19.22, 30 acres, $10,000.00 per acres, for a total of $300,000.00. 3. Spectacle Ridge, Inc., southeast side Oregon Road, Cutchogue, Ta× Map No. 1000-84-1-p/o 2, 18.7918 acres, $9,976.00 per acres, for a total of $187,467.00. 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 Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby-~'grants permission to Detective Beth Wilson to attend the 4th Annual Conference of the New York State DARE Officers Association to be held on January 15, 16, 17, 1993 at West Point, New York, and allocates $100.00 for conference registration fees. 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. SUPERVISOR HARRIS: We are very pleased that Detective Wilson will also be participating as an instructor in this conference, and we wish her the best of luck. JUSTICE EDWARDS: I'll also add that she's put in writing that she's going to come over to Fishers Island. After three years of trying, she plans to come to Fishers Island. 24.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVI~D that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Extension ~Agreement between the Suffolk County Department for the Aging and the Town of Southold to extend the Nutrition Program agreement through December 31, 1993, at an agreement cost not to exceed $96,710.00 for the budget period; all in accordance with the approval of the Town Attorney. 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. SUPERVISOR HARRIS: At this time, I need a motion to recess in order to go into a public hearing, that we have for the afternoon. Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVEDthat a recess be called at this time, 1:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meeting reconvened at 1:15 P.M. SUPERVISOR HARRIS: Would you like to enact this Local Law? COUNCILMAN WICKHAM: I think it should be pointed out, Scott, that this simply verifies what's already been in practice for some time. It doesn't change anything on the road. It just puts a sign up there. It makes it official. SUPERVISOR HARRIS: It make enforceable what has already been in existence. 25.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold on the 8th day of December, 1992, a Local Law entitled, "A Local Law in Relation to One-Way Streets; and WHEREAS, a public hearing was held on thsi proposed Local Law on the 22nd day of December, 1992, at which time ail interested persons were given an opportunity to be heard; now, therefore, be it ~ RESOLVED that the Town Board hereby enacts Local Law No. 36 - 1992, which reads as follows, to wit: LOCAL LAW NO. 36 - 1992 A Local Law-in Relation to One-Way Streets BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is by adding the following: Name of Street Direction Location Sound Avenue Westerly Between New York Route 25 (Main Road) and Westphalia Road. II. This Local Law shall take effect upon its filing with the Secretary of State. 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. SUPERVISOR HARRIS: At this time, being no further business, are there any members of the audience, that would like to address the Board any matter that they feel may be of particular interest to these members? PETER HARRIS: Peter Harris. I live at 212 Knapp Place, Greenport. I'm here today to acdress the Town Board, and specifically Supervisor Harris about a recent article in the Traveler-Watchman newspaper, Town Braced for a Blow. Scott, you are quoted in the paper saying that at 6 a.m. Friday, December 11, that you studied the weather maps, and you knew that there was a full moon, and the storm would hitting at peak tides. Taking all these factors into considera- tion, I think a little light should have come on in the back of your head to have called all school administrators to close all schools for the day, and to use their buildings as emergency facilities, if needed, but this was not done. You go on to state by 7:45 a.m., you have se[ up Emergency Preparedness Headquarters at the Town Highway Department, and began to put into action the emergency plan, that you had trained for two years ago. You go on to say, how you contacted Emergency Preparedness headquarters in Yaphank, all local Fire Depart- ments, your Chief of Police, Deputy Coordinator Raymond Edwards, Highway Superintendent Jacobs, as wel as local radio stations. But, not once did I, or my office at the New York State Departmnet of Transportation in Greenport, receive a phone call concerning the pending storm as to what we would do, in case of a flood emergency on the Orient-East Marion causeway. You just took upon yourself to omit us completely, and I feel my knowledge of this particular area of roadway connecting the two hamlets was important, but not utilized. Prior to my arrival at the Dam Pond bridge myself and my crew were clearing a downed tree from Route 25 in Cutchogue. Upon my arrival at the Dam Pond bridge, I spoke to a Southold Town Policeman, and advised him not to let east bound traffic try to attempt to make the crossing to Orient. I proceeded to Truman's Beach parking area, where I stationed my truck as a midpoint in case an emergency vehicle had to try to get through. We never left. During our crossing of the causeway, we avoided many obstacles particularly the heavy concentration of large rocks, concrete, lumber and beach sand that was desposited on the roadway at the east end of the seawall as well as the three to four feet of flood water across the highway. As time past traffic was still attempting to make the crossing, so I called my main headquarters via radio in Riverhead to call Police headquarters and have them close the roadway to all traffic. In the meantime, I had called my headquarters and asked for large vehicles with road closed signs, and a road grader to remove the debris when the tide receeded. While I was stationed at my mid point location I observed the LILCO primary lines over the highway arcing and flashing until one of them came down across the highway. In the meantime other State personnel arrived, at which time it was observed and determined that the Southwest side of the Dam Pond bridge was ,_undermining due to the heavy storm surge. As the day progressed, and the storm tides had receded enough, we went into action as to try and clear the debris from the roadway as to g~t traffic in, and out of Orient. We set up road cones around the downed power lines, and used a convoy system which guided traffic through the maze of storm debris. You' go on to make a statement, that you and not the State or private business call all the shots in the State of Emergency. I must say, this is true to a certain extent. You stated that at 8:30 P.M. you received a message that the DOT would not allow two LILCO trucks to cross the Dam Pond bridge. This is untrue, 'because there were no LILCO trucks there at that time. In fact, we were waiting for L1LCO to arrive to escort them to the downed primary liner so they could restore power to Orient. In fact LILCO never arrived until after 10:00 P.M. You, also, state that when you heard that the DOT was going to close the Dam Pond bridge because it was determined that it had sustained structural damage, you make a statement, this is not going to happen. Well, Scott, not only did the DOT say they were going ~o close the bridge but did only after we allowed a LILCO truck to cross. Your statement, and I quote, imagine we are talking about a brand-new million dollar bridge, that took two years to build. I would like to know what engineering degree you hold to say whether a bridge is safe, or not? To me, that's like you playing God, or to use an old saying, penny-wise, and pound-foolish. In closing, I just wish you would leave the expertise people on the highway to do their job. SUPERVISOR HARRIS: In response to some of those statements, that you made, first of all, I have no emergency plan with the State of New York. That's up to the ELC in Yaphank, who I deal with directly. They delegate the State of New York. I do not. I only have Town facilities. They have the power to employ the DOT, which is the people that you work for, to either act, or not act. I don't have that power. All communications go through them. They were the ones that set up the information, as far as what the DOT would. I only go through their headquarters. The DOT, when I was advised by the Chief of the Fire Department, that DOT has determined 9:00, that the bridge was closed, and nobody was going across it, I said, that can't happen, because LILCO was coming out as of 8:30. They were delayed because they had come from Manorville, instead of Riverhead, which is a different crew. I, again, called ELC in Yaphank, which is the Emergency Preparedness through Suffolk County, who contracted the State of New York to make sure that that availability of that bridge was going to accessed by LILCO, to get electric back to those individuals, which was scheduled to happen. Obviously, it happened around ten o'clock, quarter of ten is when LILCO finally showed up. But everything is coordinated through the ELC Emergency Preparedness in Suffolk County. I do not coordinate that. They coordinate it. We work together. So, as far as you being notified in the morning, Pete, that's strictly up to the ELC, and the State of New York, the SEMO, how you get involved, and how you are part of the solution. I only go through them, and I enact what I can on the Town employees, and the Town aspect of it. PETER HARRIS: Scott, I can appreciate everything you say, but knowing that New York State Route 25, which is the only main artery in and out of the harriet of Orient. Okay? Somewheres along the line with this preparedness plan, you as a Supervisor right now, or Supervisors in the future, have to realize, that we have to be a part of it. We have to be a part of it. SUPERVISOR HARRIS: You were a part of it, and I think if you saw in the papers, and statements I made on the radio, the DOT was thanked, particularly your crew out here, of which you are a foreman. I assume that's the title you have as foreman. PETER HARRIS: Yes, it is. SUPERVISOR HARRIS: Your crew was invaluable for which you did for the causeway, blocking it off, making it access only in the case of any emergency, escorting across the causeway a school bus, that left late in the afternoon. [ had advised the schools, by the way, at 9:00 o'clock that morning to consider closing. I can't tell the schools to close. I can ask them to consider to please close. I did that. I had advised the schools. They didn't close. That was their option. I can't control the schools in that respect. If they want to close; they close. They elected to stay open. But, I did advise the schools, as of nine o'clock. That is on the record. PETER HARRIS: The only thing to that, Scott, by 9:30 already the storm tides on the causeway were to such a point where I wouldn't want to have a bus going across. SUPERVISOR HARRIS: When I went across there, Pete, at seven o'clock, it was obvious that flooding was going to be very severe. The causeway was going to close, especially the causeway was goincj to close eventually, especially at high tide, or even earlier. That's why the schools were contacte'd as soon as possible, to advise them of the conditions .throughout the whole town. It's their option whether they open or close. I was even on the radio at 7:30 on WLNG advising then what the causeway conditions, what would be happening, and I had a call from the Superintendent of Schools of Orient, who asked why was I panicking about the causeway situation, when I said I'm not panicking, I'm advising the people, that this causeway is going to close, because the tides are such they're are definitely going to be over this structure in short order. So, all this was done in preparedness for the storm. Again, the weatherman, and nobody else could have predicted this storm with this magnitude coming together as it did the night before. I deal strictly with emergency operations in Yaphank. Everything was coordinated through them. How your office is handled should be something we'll take up in the future through SEMO, and through Suffolk ELC, and we can get better coordination on aspect, how we can get you involved more directly and quickly, when we come into a situation like this. DECEMBER 22, 1992 291 PETER HARRIS: I think that's great, Scott. There's just the fact that, you realize that you're in a very delicate situation, where you, you know, only got one in, and one way out, and instead of different parts of government butting heads as to who calling the shots. SUPERVISOR HARRIS: One other thing, I just want to tell you, that when I was advised by the Chief of Police, that a Police car had blocked the road off, before the State equipment showed up, and you showed up out there. When the State truck showed up, the Police car left. Soon after that, that State truck also left, and it left that road open again, and we had not advised that the State was not going to close that road. We had asked that that road be closed. The State told us, that they don't close roads. They can't close roads. They don't have that authority. Only the town can close that road. Now, that came directly up from your superiors. At that time, we said, well, we want this road closed. You then were dispatched, or you were on your way out there already. You physically blocked the truck, the road off with your truck. We asked them to put up barriers. We were told, again, by your superiors, the State of New York does not have equipment to provide barriers to close roads. We found that hard to believe, that you couldn't close a road with cones, and so on like this, but we said, fine, you don't have the equipment. Apparently you did it with your trucks, which was even better than with equipment, that you probably could have had, if you had it in storage. So, all these things that you brought up, where taken into effect, and brought up to my attention through the different people, through the Emergency Management procedures. So, again, thank you for critique. Critique is always good after a storm, so that we can look next time to be better prepared, and to coordinate better, and thank you. PETER HARRIS: Just one more thing, Scott, and I think something in the future, I think yourself being an Orient resident, we probably had as much traffic trying to get through that causeway as we do on a Sunday afternoon in the height of the summer of curiosity seekers. Okay? I think something has to be done, that gives the Police Department the power during a case of emer- gency, that they can either fine, ticket, or whatever people that just have to go down, and see what's going on. I mean, you know... SUPERVISOR HARRIS: The only way, Peter, is through marshall law, and obviously use that procedure, but we were on the radio. The Chief of Police was on the radio all day telling people to stay home. Please, don't go out, and get in the streets, because many of the roads were flooded. You're only going to get stuck. There's nothing to see now. Wait until everything's been cleared away. If you have to get out to family, and so, that's an emergency situation. It would be understood, but we tried that all day, and as you know, it is vitually impossible to keep people, that are just curiosity seekers out to see what's going on. The only way that you can do that's in marshall. If you required marshall law, than nobody can travel on the streets. They would get ticketed, or what ever, but other than that, I think it's almost impossible to stop, and ticket people. PETER HARRIS: I know like ourselves, one thing that all during this past storm, that next time if, God forbid it doesn't happen again, but we're going to make signs, residents only, so that unless you're a resident..if you're coming from the East Marion side to go to Orient, unless you're a resident, or something like that, you're not going to be allowed to go. SUPERVISOR HARRIS: That's a good idea. PETER HARRIS: We were there that night, when it came down, I was told, they were talking 9:00 o'clock to close the bridge down, and I said, well, we'll going to keep this bridge open until we can get LILCO. I,said, we'll escort them down, and once he gets through, and we get him back off, we're going to close it down, just for the simple fact we didn't know what the storm surge was going to be, the second time around, and until we could get a qualified person down there to say whether that bridge was passable, or whether it wasn't going to pass, or whatever, but if it wasn't, you know, to some people it might of sounded silly, but God forbid if something, new bridge or not, whether some- thing had happened, and there had been a fatality, I'd rather be safe then sorry, because during the middle of the night~ Plum Island wasnft running, .there was nothing else going on. 292 DECEMBER 22, 1992 SUPERVISOR HARRIS: When that order was handed down, and the Chief of the Fire Department was told that that bridge was going to be closed, that's where I call up again, DLC of Yaphank, and go through headquarters ~p there, to find out where the decision was made, and how it can be rectified, at least to let emergency equipment, and so, through, and that's what was done. Again, you guys did a great job, and your crew did a great job out there, and I said it in the papers, but I'll say in the public hearing to close it out. That's the kind of cooperation, obviously, that we rely upon in the times of crisis. Thank you, again. I need a motion to recess at this time. Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that a recess be called at this time~ 1:20 P.M., for the purpose of an Executive Session meeting. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meeting reconvened a~ 1:32 P.M. SUPERVISOR HARRIS: ,¥e are now out of our brief Executive Session meeting; Is"there any'one who would like to address the Town Board? (No response.) Before we adjourn, I would like to wish everyone in the town Happy and Healthy Holidays. Now, a motion to adjourn. Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 1:35 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. · Terry C/ Southold Town Clerk