HomeMy WebLinkAboutTB-02/26/1991328
SOUTHOLD TOWN BOARD
FEBRUARY 26. 1991
WORK SESSION
Present: Deputy Supervisor/Councilman George L. Penny IV, Justice Raymond W.
Edwards, Councilwoman Ruth D. Oliva, Councilman Thomas H. Wickham. Also present:
Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town
Clerk Judith T. Terry. Absent: Supervisor Scott L. Harris, in Albany on Town
business, Councilwoman Ellen M. Latson, out-of-town.
11L00 A.M. - The Board met with Sheri Kiselyak, representative of Richard Pellicane,
Esq., who had requested an appointment to discuss the major subdivision "Sundance
Shores" application fee. Ms. Kiselyak advised that they are withdrawing the
application for the subdivision and wished the fee refunded; the fee she advised was
required during the sketch plan phase of the petition, and not with the preliminary
application, in accordance with the subdivision regulations.--Planner Melissa Spiro met
briefly with the Board and Ms. Kiselyak during the discussion. The Town Board
asked Ms. Spiro to obtain from the Planning Board a breakdown of the expenses
incurred to date for processing the "Sundance Shores" application.
11:40 A.M, Warren Goldstein, North Fork Environmental Council, met with the Town
Board to ask what progress has been made in removing from the Zoning Code the
provision on drive-in restaurants as suggested by Supervisor Harris at a work session
during early November. Town Board members were unaware of the progress, but
Councilman Wickham suggested that the question be taken up in the broader commercial
review that is currently before the Planning and Zoning Committee.
11:55 A.M. - For Discussion Items: (15) The Board reviewed five proposed local laws:
Unsafe Buildings and Premises, Zoning Use Regulations (Home Occupations), Off Street
Parking Regulations, Requirements for Fire Lanes, and Open Storage. Councilman
Wickham asked the Board to hold the Unsafe Buildings and Premises proposed local
law, and although he has objections to the Fire Lanes proposal, agreed with the Board
that that one and the other three referred to above be referred to the Town and
County Planning Departments for a recommendation (see resolutions 17[a) through
20(b).
1:00 P.M. - Recess for lunch.
I :50 P.M.
bills.
Work Session reconvened and the Board members audited outstanding
EXECUTIVE SESSION
2:20 P.M. On motion of Councilwoman Oliva, seconded by Councilman Wickham, it
was Resolved t. hat the Town Board enter into Executive Session. Vote of the Board:
Ayes: Councilman Penny, Justice Edwards, Councilwoman Oliva, Councilman Wickham.
Town Attorney Arnoff and Assistant Town Attorney Kiernan discussed possible
purchase of property and litigation with the Town Board.
FEBRUARY 26, 1991
329
3:05 P.M. - For Discussion Items (continued): (1) Permission to Town Clerk,
Planning Board, Board of Appeals and Trustees to loan extra copies of Environmental
Impact Statements to the public (see resolution no. 21). (2) Request from East End
Seaport & Marine Foundation for financial consideration in the 1992 Budget. Board
agreed to consider same when preparing the 1992 Budget. (3) Proposed SEQRA
Findings Statement for the Town's Solid Waste Management Plan/GEIS will be held for
the Board's March 12th meeting with all Board members will be present. (4) Request
from Charles R. Cuddy, attorney for Russell E. Mann, requesting the refund of the
$500.00 filing fee for Mr. Mann's change of zone petition. Board denied the request -
filing fees are not refundable. (5) Richard Pellicane's letter withdrawing his
application for the Sundance Shores subdivision, and requesting a refund of the
$7,300.00 feet (see 11:00 A.M. appointment with Sheri Kiselyak). (6) Letter from
the local chambers of commerce submitting the results of recent polls of their
membership concerning the construction of a McDonalds in Mattituck, and the effect
of the traffic generated by the Cross Sound Ferry and possible expansion of their
services. (7) Appointment of a member to' the Conservation Advisory Council will
be held until the full Board is in attendance on March 12th. (8) Reappointment of
two members to the Farmland Committee was discussed and the Town Board agreed to
the reappointments (see resolution no. 22). (9) Letter from James Mason requesting
the Town to exempt him from payment of landfill tipping fees for the disposal of the
remains from his house which burned (see resolution no.23). (10) Appointments of
Planning Board member and Board of Appeals member, expire in April. Decision
whether to reappoint will be discussed on March 12th when the entire Board is
present. (11) Communication from Lawrence Healthcare Administrative Services that
the cost to retypeset and print new employee benefit booklets will be approximately
$2,000.00. Town Board decided to hold this in abeyance until the end of the contract
year. (12) Report from Councilman Wickham on his proposal for a Regional Waste
Management Authority. (13.a)&(13.b) Receipt of recommended revisions from Cramer;
Voorhis & Associates with respect to the DEIS on Southold Commons and Jem Commons
change of zone petitions. The Board was dissatisfied with some of the comments from
C&V and asked that they revise their comments and resubmit same. (14) Letter from
Ed Siegmann in response to a request from Supervisor Harris, asking that the Town
Board adopt a resolution stating they believe if the antiquated way of collecting school
taxes were removed from the property tax rolls and put on a more equitable way of
payment it would solve many of the tax problems in this area. The Town Board will
ask for further clarification. (15) Several proposed new local laws (discussed at 11:55
A.M.) (16) Town Board adopts a Conditioned Negative Declaration under the SEQR
process with respect to the application of Jeanne Grim for a Recycling and Salvage
Facility at Oregon Road, Cutchogue (see resolution no. 24). (17.a)&(17ob)
Resolutions from the Greenport Village Board requesting the Town Board to waive
landfill tipping fees incurred on their behalf by Scott Corwin Landscaping and
Excavating, and by Sound Shore Excavation (see resolutions 25.a & 25.b).
4:35 P.M. The Town Board reviewed the resolutions to be voted upon at the 7:30
P.M. regular meeting.
4:50 P.M. - Work Session adjourned.
33(}
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, February
26, 1991, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at 7:30 P.M, with the Pledge of Allegiance to the Flag.
Present:
Absent:
Deputy Supervisor George L. Penny IV
Justice Raymond W. Edwards
Councilwoman Ruth D. Oliva
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Supervisor Scott L. Harris (Albany)
Councilwoman Ellen M. Latson (out of town)
DEPUTY SUPERVISOR PENNY: I'd like to explain this evening, that Supervisor
Harris is not here. I'm George Penny, Deputy Supervisor, and Scott Harris is on
his way back from Albany, where he's been meeting with the Governor's Office, and
the East End Supervisors, and we'll discuss more of that later, and Councilwoman
Ellen Latson is on vacation. I'd like a motion to approve the bills of February 26,
1991.
Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the following audited bills be and hereby ordered paid: General Fund
Whole Town bills in the amount of $124,719.12; General Fund Part Town bills in the
amount of $73,693.80; Nutrition Fund bills in the amount of $5,212.58; Adult Day
Care bills in the amount of $150.00; Home Aide Program bills in the amount of $49.21;
SNAP Program bills in the amount'of $898.96; EISEP Program bills in the amount of
$62.40; Community Development Fund bills in the amount of $200.00; Highway Fund
Whole Town bills in the amount of $5,094.97; Highway Fund Part Town bills in the
amount of $7,807.62; Landfill Sand Capital Fund bills in the amount of $1,887.48;
Land Acquisition Capital Fund bills in the amount of $33.62; Open Space Capital Fund
bills in the amount of $458.12; Employee Health Benefit Plan bills in the amount of
$27,598.31; E-W Fire Protection District bills in the amount of $118,000.00; Fishers
Island Ferry District bills in the amount of $18,834.93; Southold Wastewater District
bills in the amount of $18,750.00; Fishers Island Sewer District bills in the amount
of $1,488.70; Southold Agency & Trust bills in the amount of $4,349.98; Fishers
Island Ferry District Agency & Trust bills in the amount of $380.14.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
DEPUTY SUPERISOR PENNY: We need a resolution approving the minutes of the
Board meeting of February 5, 1991.
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the minutes of the Town Board meeting of February 5, 1991, be and
hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
DEPUTY SUPERVISOR PENNY: A resolution to set the next Board meeting March
12, 1991, at 4:00 P.M.
Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the next regular meetinq of the Southold Town Board will be held
at 4:00 P.M., Tuesday, March 12, 1991, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
I. REPORTS.
Scavenger Waste Treatment Facility Report for January, 1991.
Southold Town Justice Tedeschi Monthly Report for January,
Southold Town Justice Edwards Annual Report for 1990.
1991.
4. Lawrence HeJlthcare CSEA Benefits for January 1991.
5. Lawrence Healthcare PBA Benefits for January 1991.
6. Southold Town Justice Price Monthy Report for January, 1991
7. Southold Town Trustee's Monthy Report for January, 1991.
8. Southoid Town Historian's 1990 Annual Report to the State Education
Department.
9. Southold Town Police Department's Report.
10. Supervisor's Monthly Budget Report for December 31, 1990.
11. Councilmen's Report.
12. Supervisor's Report.
II. PUBLIC NOTICES.
1. Notice of Order from the State of New York, Department of Transporta-
tion, Traffic and Safety Division establishing a "No Stopping Anytime" restriction
on the North side of Route 25, opposite Case's Lane where the shoulder area is too
narrow to permit parking.
2. Corp of Arm,/ Enc. lineers, New York State Department of Arm,/, application
of Ira Gordon to construct a T-shaped timber pier assembly in Great Peconic Bay,
Mattituck, New York.
3. Corp of Army Engineers, New York State Department of Army, application
of Frances Frisbie to construct a timber pier assembly in Wunneweta Lagoon, Little
Peconic Bay, Cutchogue, New York.
4. New York State Department of Environmental Conservation, Notice of Com-
plete Application by Southold Town to install a concrete boat launching ramp on the
North side of Middle Road east of Westphalia Avenue West of lands of Mattituck Park
District, New York.
III. COMMUNICATIONS.
1. Stanford J. Searl, Jr., Ph.D., Executive Director of East End Community
Services, Inc. thanking Supervisor Harris for his support and proclamation.
IV. PUBLIC HEARINGS.
1. 8:00 P.M. on proposed "Local Law in Relation to Lessee Landfill Permits".
2. 8:05 P.M. on proposed "Local Law in Relation to Peddling, Soliciting and
Transient Retail Merchants".
V. RESOLUTIONS.
DEPUTY SUPERVISOR PENNY: Before we proceed wiith our resolutions, I'd like to
announce that the Town Board has a policy at scheduled Town Board meetings, that
the public attending should be allowed five minutes to address the Town Board in
relation to agenda resolutions prior to their enactment. The public will also be given
time at the conclusion of the regularly scheduled business agenda to address to the
Town Board on any given topic, and of course, time during the public hearings to
address the topics pertinent to the public hearing. Is there any member from the
audience, who would like to address the Town Board at this time on the resolutions,
that appear on the agenda? (No response.} Hearing none we'll move with the first
resolution.
.-Moved by Justice Edwards, seconded I:;y Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Paul Tombari, Fishers Island, New York, in the amount of $1,448.00, for the 1991
installation, maintenance, and removal of the end of the season, of the channel
markers in West Harbor, and the placement of a new raft and the markers in West
Harbor, and the placement of a new raft and the markers in Hay Harbor for the 1991
season.
~-~l.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
2.-Moved by Councilman Penn;t, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Zdzislaw Mikolajczyk for renewal of his sinc~le
family house trailer permit, for trailer located on John's Road, a private road off
of the east side of Main Road, Mattituck, which permit expired on February 9, 1991,
be and hereby is granted for a six (6) month period.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
3.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $60.00 for the Wednesday, March 6, 1991 youth
program, "Survival Skills For Children At Home" to be attended by Recreation Super-
visor Ke~nethReeves; check made payable to Cornell Cooperative Extension; said charge
to be r~ade to A7320.4, Joint Youth, Contractual Expenses.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
4.-Moved by Councilman Wickham, seconded by Justice Edwards, it. was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 5, adopted on November 27, 1990, ~ranting permission to Assessors
Scott A. Russell and Darline J. Dully to attend an-Assessor Training Certification
seminar at Herkimer, New York, to reflect the dates of February 24 through March
1, 1991 (instead of February 25, through March t, 199!).
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penn;z, Justice Edwards.
This resolution was declared duly ADOPTED.
5.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold ehreby appoints Harold
Walters, Sr. as a School Crossinc~ Guard for the Cutchogue East School crossing,
effective immediately, at a salary of $22.35 per day.
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
6.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of-Southold hereby authorizes anc
directs Supervisor Scott L. Harris to execute an amendment ag~:eement between the
Suffolk County Department of the Aging and the Town of Southold which would add
$2,000.00 to the April 1, 1990 though March 31, 1991 EISEP Housekeeper/Chore
Program Budget.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
7.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold here authorizes Jeanne
Ruland, Data Control Supervisor, to attend the IBM Jericho Customer Center's
Release 3 and Performance Seminar on Wednesday, February 20, 1991, from 1:30 P.~A.
to 4:30 P.M., and the use of a Town vehicle and travel expenses shall be a legal
charge to the 1991 Central Data Processing budget.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was de~:tared duly ADOPTED.
8.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the application Frank Sawick for renewal of his single family house
trailer permit for trailer usecJ for housing farm help under the 4-H program, and
located on the north side of Old North Road, Southold, which permit expires on March
23, 1991, be and hereby is granted for a six (6) month period.
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
9.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was'
RESOLVED that the Town Board of the Town of Southold hereby authorizes an advance
fee check in the amount of $1,507.50 (47 tickets @ $32.00, plus shipping and handling)
for the Saturday, March 23, 1991 Radio City Music Hall Easter Show bus trip; said
charge to be made to A4046.4 Handicap Program, Contractual Expenses, check made
payable to Radio City Music Hall.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Cc~uncilwoman Qliva, Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
10.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED {hat the application of Martin Sider for renewal of his single family
house trailer permit for trailer used to house trainees under the National 4-H Agri-
cultural Prbgram, and located on the south side of Oregon Road, Mattituck, which
permit expires on March 23, 1991, be and hereby is cjranted for a six (6) month
period.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
,9913 3 3
11 .-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
follwoing budget modification to IJhe General Fund - Whole Town 1990 Budget to
provide for overdrawn budetary line items:
To:
A5182.4 Street Lighting, Contractual Expenses $ 1,000.00
A8830.4 Shellfish, Contractual Expenses 25.00
From:
A5182.2 Street Lighting, Equipment $ 1,025.00
? 1.-Vote of the Town Board: Ayes: Councilman Wickham Councilwoman Oliva
i Councilman Penny, Justice Edwards.
~ 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 the
following 1990 Budget modification to the Fishers Island Ferry District to cover over-
drawn budgetary line items:
To:
SS1440.4 Engineer, Contractual Expenses $ 1,000.00
From:
SS8160.4 Refuse & Garbage, Contractual Expenses $ 1,000.00
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
13.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby cjrants permission
to the Board of Commissioners of the Fishers Island Ferry District to execute leases,
of a form approved by the Southold Town Board and the Federal Aviation Administra-
tion, as follows:
(1) Between the Fishers Island Ferry District and the Fishers Island Union
Free School District No. 4 for a certain parcel of land on airport property formerly
know as the Parade Ground, beginning at a point approximately 155 feet east of the
airport road, easterly for 400 feet (paralleling the sidewalk), thence southerly for
300 feet, thence westerly for 400 feet, thence northerly for 300 feet, said area to
be rectangular in shape and contain 120,000 square feet, more or less, said parcel
to be utilized as a recreation area for the Fishers Island School.
· (2) Between the Fishers Island Ferry District and the Fishers Island Garbage
and Refuse District for a certain parcel of land located on airport property adjacent
to and easterly of Building No. 383, known as the gravel bank area, containing 1.44
acres, more or less, and to be utilized for a solid waste transfer station.
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
14.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby cjrants permission
to the Board of Commissioners of the Fishers Island Ferry District to advertise for
bids for drydocking the MV RACE POINT for periodic inspection, refurbishing of her
underwater body:, and such repairs as may be found necessary, all in accordance with
specification for same.
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
15.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby cjrants permission
to Supervisor Scott L. Harris to travel to Albany on Town business, as required,
throughout the year, and the necessary expenses for travel, meals and lodging shall
be a legal charge against the 1991 Budget.
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
16.-Moved by Councilwoman Oliva, seconded by Councilwoman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the money
market account in the amount of $47,910.00, entitled "Harvey A. Arnoff as escrow
agent for Joan Bagley", which amount is submitted as a bond for roads and improve-
ments in the major subdivision of Too-Bee Realty, located at Southold, all in accordance
with the Town BOard's resolution of October 24, 1989 approving said amount upon
the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son,
Consulting Engineers.
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva, Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
17.-Moved by Councilman Penny, seconded by Justice Edwards, it was
(a.)RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the
code of the Town of Southold, notice is hereby given that the Southold Town Board,
in conducting an uncoordinated review of this unlisted action, has determined that
there will be no sic~nificant effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Zoninq Use Recjula-
tions", amending the Zoning Code with respect to Home Occupations and Home Pro-
fessional Offices. The proposal has been determined not to have a significant effect
on the environment because an Environmental Assessment Form has been submitted
and reviewed and the Town Board has concluded that no significant adverse effect
to the env~ronment is likely to occur should the project be implemented as planned.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
(a.)Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
17.-Moved by Councilwoman Oliva, seconded by Councilman Penny,
{b) 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 Zoning Use Regulations";
now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local Law 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. Said proposed Local Law reads as
follows, to wit:
A Local Law in Relation to Zoning Use Regulations
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:
I. Section 100-13 (Definitions) is hereby amended as follows:
HOME OCCUPATION -
A. Any gainful activity customarily conducted only within a
dwelling unit by the residents thereof that is clearly
secondary to the residential use.
B. Activities carried on by the residents which are connected
with produce of the seas, bays or harbors caught or dug
by them including storagage 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.
C. Tradesman, not limited to carpenters, plumbers,
landscapers, painters, masons and electricians.
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.
2. Section 100-31(C)(2) (Accessory Uses) is hereby amended as
follows:
2. Home occupation, including home professional offices,
provided that:
(a) No display of goods is visible from the street.
(b) 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.
(c) 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.
(d) There shall be no exterior effect .at the property
line, such as noise, traffic, odor, dust, smoke, gas,
fumes or radiation.
(e) 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.
(f) 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. No display of products shall be visable
from the street, and no stock-in-trade shall be kept
on the premises.
(g) Notwithstanding anything set forth elsewhere in this
Article, home occupations and home professional office
shall in no event be deemed to include real estate or
insurance offices, animal hospitals, kennels,
barbershops, beauty parlor;s, clinics or hospitals,
mortuaries, nursery schools, clubs, auto repair shops,
restaurants, tourist homes, rooming houses or
boarding houses and uses similar to those listed above.
(h) Signs - See Section 100-31(C)(9)
(i) Home occupation and home professional office shall not
include manufacturing, fabrication or construction of
any type on the site.
(j) Outdoor storage of equipment necessary for residents
connected with produce of the seas 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.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
(b) Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
18.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
(a) RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the
code of the Town of Southold, notice is hereby given that the Southold Town Board,
in conducting an uncoordinated review of this unlisted action, has determined that
there will be no sic~nificant effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Off Street Parking
.Regulations", amending the Zoning Code with respect to parking a commercial vehicle
In t,he driveway on an occupied lot in any residence district. The proposal has been
determined not to have a significant effect on the environment because an Environ-
mental Assessment Form has been submitted and reviewed and the Town Board has
concluded that no significant adverse effect to the environment is likely to occur
should the proposal be implemented as planned.
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
(a) Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
18.-Moved by CounCilman Wickham, seconded by Justice Edwards,
(b) 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 Off Street Parking
Recjulations"; now, therefore, be it
RESOLVED that'the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local Law 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. Said proposed Local Law reads as
follows, to wit:
A Local Law in Relation to Off STreet Parking Regulations
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 100-191(Q) (1) (a) (Commercial Vehicles) is hereby
amended to read as follows:
(a) One (1) commercial vehicle not exceeding twenty-five (25)
feet in length may be parked in the driveway on an occupied
lot in any residence district.
II. This Local Law shall take effect upon its filing with the Secretary of Stat~.
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
(b) Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
19.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
(a) RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the
code of the Town of Southold, notice is hereby given that the Southold Town Board,
in conducting an uncoordinated review of this unlisted action, has determined that
there will be no significant effect on the environment.
3 3 6 FEB.U^. 26. 199,
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Open Storac~e",
amending the Zoning Code with respect to the prohibition of unenclosed storage
in the residential district. The proposal has been determined not to have a
significant effect on the environment because an Environmental Assessment Form has
been submitted and reviewed and the Town Board has concluded that no significant
adverse effect to the environment is likely to occur should the proposal be imple-
mented as planned.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
(a) Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
19.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
(b) WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Loca Law in Relation to Open Storage"; now,
therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local law to the Southold Town Planning board and the
Suffolk County Department of Planninq in accordance with the Code of the Town of
Southold and the Suffolk County Charter. Said proposed Local Law reads as
follows, to wit:
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 (A) (Open storage) of the Code of the Town of
Southold is hereby amended to read as follows:
A. 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.
Il. This Local Law shall take effect upon its filing with the Secretary of State.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
(b) Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
20.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
(a) RE.SOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the
code of the Town of Southold, notice is hereby given that the Southold Town Board,
inconducting an uncoordinated review of this unlisted action, had determined that
there will be no significant effect on the environment.
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Requirements for
Fire Lanes", amending the Zoning Code by setting fire lane standards for all lots
improved with a building or structure. The proposal has been determined not to
have a significant effect on the environment because an Environmental Assessment
Form has been submitted and reviewed and the Town Board has concluded that no
significant adverse effect to the environment is likely to occur should the project
be implemented as planned.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
(a) Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
20.-Moved by Councilwoman Oliva, seconded by Justice Edwards,
(b) 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 Requirements for Fire
Lanes"; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local Law 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. Said proposed Local law reads as
follows, to wit:
A Ldcal Law in Relation to Requirements for Fire Lanes
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 100-235 (Requirements for access and fire lanes) is
hereby amended by adding thereto a new subsection (C) to read
as follows:
FEBRUARY 26, 1991 3 3 7
C. Fire Lane Standards for all lots improved with a
building or structure.
1. Surface free from potholes, ruts and other defects.
2. Up Lo fifteen (15) feet in width and up to fifteen
(15) feet in height subject to approval by Building
Inspector for Residential Structures.
II. This Local Law shall take effect upon its filing with the Secretary of State.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
(b) Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
21 .-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Town Clerk, Planning Board, Board of Appeals, and Town Trustees to loan
extra copies of Environmental Impact Statements to the public for a twenty-four
hour period per individual, provided they submit a $25.00 deposit for this privilege,
said deposit to be returned when the ElS is ~returned in good condition.
21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
22.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Tonw of Southold hereby reappoints Gerald
Dennehy and John Simicich as members of the Southold Town Farmland Committee,
effective March 13, 1991 through March 13, 1993, they to serve in said position
without compensation.
22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
23.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby exempts James
Mason from paying landfill tipping fees when disposing of the remains of the house
he owns on Tuthill Lane, Cutchogue, which was demolished by fire,
~-' 23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
24.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617.6([0] and Chapter 44 of the
Code of the Town of Southold, the Town Board of the Town of Southold hereby
issues a Conditional Neqative Declaration with respect to the application of Jeanne
Grim for a recyclincj facility at Oregon Road, Cutchogue, subject to the following
conditions:
1) The proposed sighting of the concrete/asphalt crusher, and automobile storage
areas must be incorporated into an amended site plan and submitted to the
Town of Southold Planning Board for review and approval. The Planning Board
should make a separate Determination of Significance in consideration of the
site plan submitted, in accordance with SEQR Part 617.
2) In conjunction with the site plan application, applicant must furnish manu-
facturers specifications for the concrete/asphalt crusher, which specify noise
and dust emmissions. These data and specifications will then be compared
against applicable standards to ensure compliance, and or need for specific
setback sighting or additional mitigation measure.
3) The concretefashalt crusher shall only be operated between the hours of 9:00
a.m. to 5:00 p.m. The applicant shall file a covenant to ensure compliance
with this condition to the satisfaction of the Town Attorney.
4) Only clean concrete and asphalt may be processed by the subject facility, and
materials may not be stored more than 30 days from the date of acceptance in
accordance with the NYSDEC Part 360 exemption issued by the Regional Solid
Waste Engineer, dated December 10, 1990.
5) The facility shall be operated in a manner which will eliminate or control
nuisances such vectors, odors, dust and noise at~ all times, in accordance with
the NYSDEC Part 360 exemption issued by the Regional Solid Waste Engineer,
dated December 10, 1990.
6) In conjunction with the site plan application, the applicant must furnish estimated
truck vehicle trip generation estimates in order to consider the impact upon
local roadways.
338
FEBRUARY 26, 1991
7) All automobile fluids shall be drained and securely stored withinthe garage
facility in an identified area. There shall be no more than 5-55 gallon drums
for Storage of toxic or hazardous materials contained with the building at any
one :t:ime. There shall be no floor drains withinthe building. Compliance with
these:' cOnditions shall be determined by the Building Inspector prior to issuance
of a Certificate of Occupancy and subsequent inspections as neccessary.
8) All collected fluids will be removed on an as needed basis by a Certified
Industrial Waste Scavenger. Technology is available to burn wa's~ oil in certain
heating equipment. This condition does not preclude this possibility, provided
it is conducted in accordance with all applicable New York State and Suffolk
County requirements.
9)The applicant agrees to allow access to the site and facilities by Town Officials
and/or
legitimately designated Town representatives for the purpose of ensuring~.
compliance with above conditions. The applicant shall file a covenant to ensure
compliance with this condition to the satisfaction of the Town Attorney.
AND BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized and
directed to circulate said Conditional Negative Declaration in accordance with the
SE.QR regulations with a minimum 30-day comment period.
24.~Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
25.-Moved by Justice Edwards, seconded by Councilman Penny, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby waives the $6,078.40
landfill tipping fee incurred by Sound Shore Excavation on behalf of the Village of
Greenport, with regard to the disposal of debris involved in the demolition of houses
at Johnson Court and Second Streeet, Greenport,
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
(a) Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
25.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
(b) RESOLVED that the Town Board of the Town of Southold hereby waives the
$1,369.20 landfill tippinc, l fee incurred by Scott Corwin Landscaping & Excavating
Corp. on behalf of the Village of Greenport, with regard to the disposal of debris
collected from clean ups on vacant land on Second Street and Third Street, Greenpor~
25.-Vote of the Town Board: Ayes: Councilman Wickharn, Councilwoman Oliva,
(b) Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
26.-Moved by Justice Edwards, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold is deeply concerned about the
Suffolk County Health Department's assessment of the needs of Fishers Island with
respect to their mosquito control proc~ram; now, therefore, be it
RESOLVED that the Town Board hereby goes on record in support of Supervisor
Scott L. Harris' letter to Health Department Commissioner Dr. David Harris urging
him to make available appropriate monies to expedite and continue the mosquito
control program on Fishers Island.
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
27.-Moved by Councilman Wickham, Seconded by Justice Edwards,
WHEREAS, the Town Board of the Town of Southold has deep concerns about the
impact of the New York State Governor's proposal to drastically cut revenue
sharing funds; now, therefore, be it
RESOLVED that the Town Board goes on record as endorsing Supervisor Scott L.
Harris' letter to Governor Marlo Cuomo drawing attention to the adverse impacts the
cuts will have on the Town of Southold.
27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
DEPUTY SUPERVISOR PENNY: We have about five minutes before the next public
hearing, and I'd like to take this time to read the let'[er, which was sent to Governor
Marlo Cuomo by the Office of the Supervisor. Scott Harris went to Albany with
the Suffolk County Supervisors today. This is what I addressed earlier. Dear
Governor Cuomo, I must dYaw your attention to the impact of your proposal on
drastically cutting revenue sharing funds will have on the Town of Southold. One,
the cut will follow hard on the heels of a suddenly imposed 30% reduction in State
Aid, the town was forced to absorb in 1990 after we had adopted a budget, that
counted on the full amount. Two, State Revenue Sharing to Southold Town currently
accounts for 7.5% of the Town's revenues. Can you imagine 7.5% higher property
taxes on top of the sharp increase, we'll have to put in .place just to pay for the
new State mandated program, such as landfill closure mandates, that this year
FEBRUARY 26, 1991
339
required Southold Town to enact tax increases~- Three, the unfairness of your
proposal is compounded by the massive cuts of State aid to our Ioca schools. Why
do Suffolk and Nassau Counties have to absorb over half of these cuts? It is my
belief that these towns are sub-divisions of the State. You've often referred to the
partnership between State government, and Town government in New York. The
people of Southold have for many years respected this partnership to protect and
finance their interests, however, the State's recent rush to mandate highly unpopular,
questionable, and costly programs upon towns such as ours, while paying little or
nothing towards these costs, has severely strained and divided our understanding
of this partnership. We now learn that you propose to cut arbitrarily and without
concern for ramifications the last remaining of State support, some $500,000. in
Revenue Sharing for 1991, and about 1/3 of our State School aid. We understand
the financial constraints State government is presently in. You're proposal to
advocate the State's partnership in towns like ours is irresponsible, and certainly
harmful to future relationships between the towns and the State's government. Our
partner has become a fair weather friend ready to drop any pretence of support,
just when times become difficult, and the relationship is most needed. The people
of Southold believe that the concept of partnership between the State and the Town
should honored, not broken by your proposal. Sincerly, Scott L. Harris, Supervisor.
Just endorsed by the entire Town Board of the Town of Southold. I got a call from
Scott, just before this meeting. He was on the Expressway going about five miles
an hour in blizzard conditions. He's not able to make this meeting, and I think when
he hits the weather conditions in Southold, he'll be more than happy to be back in
Southold Town, after a long and trying day. One thing, that they were unable to
do, and the East End Supervisors, also, had, or thought they had an appointment
with the State Attorney General Office. It was set up by the State Attorney General's
Office to meet with DEC representatives on the landfill challenge, that we have, and
this was encouraged by the State Attorney General's Office, and the DEC refused
to attend. So, it's been very frustrating, and once again, when they speak of
partnerships, I think it's pretty shallow terms, that are probably used for election
purposes. My watch says almost 8:00, we'll start with our first public hearing.
We'd like a motion to recess for the first public hearing.
Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8:10 P.M.
DEPUTY SUPERVISOR PENNY: Would the Town Board like to act on these Local
Laws?
28.-Moved by Councilman Wickham, secondec by Justice Edwards,
WHEREAS, a proposed Local Law No. 3 - 1991 entitled, "A Local Law in Relation to
lessee Landfill Permits" was introduced at a meeting of this Board held on the 5th
day of February, 1991; and
WHEREAS, a public hearing was held thereon by this Board on the 26th day of
February, 1991, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 3 - 1991 be enacted as follows:
LOCAL LAW NO. 3 - 1991
A Local Law in Relation to Lessee Landfill Permits
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 48-4(A)(2) (fees) is hereby amended to read as
follows:
2. Lessee landfill permit: for noncommerical vehicles of less
than one-ton capacity owned by a lessee in the Town of
Southold and transporting only household refuse, provided
that such vehicle displays a valid lessee landfill permit
issued in accordance with the following:
a. A lessee landfill permit shall be issued by the Town
Clerk or a person designated by her to all persons
who lease or rent property within the Town of
Southold but do not qualify as residents as defined in
Section 48-4(A)(1) hereof. Persons applying for a
lessee landfill permit shall present an application in
affidavit form, signed by the lessee and the owner of
the property, setting forth:
1. The location of the leased or rented property.
2. The persons occupying the same.
3. The term of such tenancy.
b. Upon a determination by the Town Clerk or person
designated by her that the applicant is entitled to a
lessee landfill permit and upon the payment of the
permit fee, such permit shall be issued and inscribed
with the vehicle license registration number and shall
be affixed to the vehicle in the same manner as
provided in Section 48-4(A)(1)(c) hereof.
c. The fee for the issuance of a lessee landfill permit
shall be twenty-five dollars ($25.).
2. Section 48-4(A)(3) is hereby amended to read as follows:
Per-load fee of two dollars ($2.) for each noncommercial
vehicle of less than one-ton capacity which possesses no
permit.
3. Section 48-~,(A)(4) is hereby amended to read as follows:
Per-load fee of twenty-five dollars ($25.) for each
single-axle truck which does not possess a permit.
4. Section 48-4(A)(5) is hereby amended to read as follows:
Annual fee of fifty dollars ($50.) for each commercial
vehicle transporting liquid septic waste, together with an
additional fee of two cents ($0.02) for each gallon of
liquid waste discharged.
5. Section 48-4(A)(6) is hereby amended to read as follows:
Annual fee of fifty dollars ($50.) for each commercial
contractor's vehicle of less than one-ton maximum gross
vehicle weight.
6. Section 48-4(A)(7) is hereby amended to read as follows:
Annual fee of fifty dollars ($50.) for each farm vehicle of '
one-ton or more capacity transporting agricultural waste.
7. Section 48-4[A)(8) is hereby.amended to read as follows:
Per-load fee of fifty dollars ($50.) for each double-axle
truck which does not possess a permit.
8. Section 48-4(A)(9) is hereby amended to read as follows:
Annual fee of two hundred dollars ($200.) for each
single-axle vehicle transporting solid waste (garbage).
9. Section 48-4(A)(10) is hereby amended to read as follows:
Annual fee of two hundred dollars ($200.) for each
commercial contractor's vehicle of more than one-ton
capacity.
10. Section 48-4(A)[1I) is hereby amended to read as follows:
Annual fee of five hundred dollars ($500.) for each
double-axle and/or compactor-type vehicle transporting
solid waste (garbage).
11. Section 48-4(A)(12) is hereby adopted to read as follows:
Annual fee of five hundred dollars ($500.) for each
commercial contractor's double-axle and/or tractor-trailer
combination of more than one-ton capacity.
II. This Local Law shall take effect upon its filing with the Secretary of State.
28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: Resolution ~29 is Local Law No. 4 - 1991, and that's the
Peddling, Soliciting and Transient Retail Merchants.
29.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, a proposed Local Law No. 4 - 1991 entitled, "A Local Law in Relation
to Peddlinq, Solicitinq and transient Retail Merchants" was introduced at a meeting
of this Board held on the 5th day of February, 1991; and
WHEREAS, a public hearing was held thereon by this Board on the 26th day of
February, 1991, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 4 - 1991 be enacted as follows:
Local Law No. 4 - 1991
A Local Law in Relation to Peddling, Soliciting and Transient Retail Merchants
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 69 (Peddling and Soliciting) of the Code of the Town .of Southold is
hereby deleted in its entirety, and a new Chapter 69 (Peddlers, Solicitors
and Transient Retail Merchants) is hereby adopted to read as follows:
FEBRUARY 26, 1991
Article I (Licensing and Regulation) is hereby adopted to read as
follows:
Section 69-100. Legislative intent.
The purpose of this Article is to prevent business practices
of peddlers, solicitors and transient retail business, from existing in
the Town of Southold with certain exceptions, as otherwise
provided herein, by- providing for the registration and regulation of
the conduct of certain peddlers, solicitors and canvassers and otherwise
eliminating such practices.
Section 69-101. Definitions.
PEDDLER - A person who goes from place to place by traveling on foot
or by any type of conveyance on the streets or from' house to house,
carrying, transporting or conveying goods, wares, merchandise, foods,
farm products or provisions, offering and exposing the same for sale or
making sales and deliveries to purchasers, or who solicits orders and,
as a separate transaction, makes deliveries to purchasers. The word
"peddler" shall include the words "hawker" and "huckster".
PERSON - Includes the singular and the plural and shall also include
and mean any individual, firm, partnership, corporation, voluntary
association, incorporated association, club, society or other
organization and any officer, employee or agent thereof.
SOLICITOR and/or CANVASSER- Any person who goes from place to
place or house to house, or stands in any street or public place,
taking or offering to take orders for goods, wares or merchandise,
except as hereinafter exempted, or for services to be performed in the
future, or for making, manufacturing or repairing any article or thing
whatsoever for future delivery.
TRANSIENT RETAIL BUSINESS - A retail or wholesale business
conducted in a temporary structure~or tent; from a truck, van or
trailer; on a parking lot or vacant parcel of land; on a part of public
right-of-way; or in any other place for a temporary period of time.
Lack of a rental or leasing agreement of three (3) months or more
duration, sealed by monetary consideration, shall be presumptive of a
temporary situation.- The type of merchandise being offered for sale
will have no bearing on the designation.
Section 69-102. License required.
It shall be unlawful for any peddler or solicitor to sell or dispose
of or to offer to sell or dispose of any goods, wares or merchandise
within the Town of Southold or to solicit or act as a solicitor from
door to door within the Town of Southold, without first registering with
the Town Clerk of the Town of Southold as provided in this Article
and obtaining the license prescribed.
Section 69-103. Exemptions.
A. The requirements of this Article as to the payment of a license fee
(but not as to registration) shall be held not to include the
following person,s who are expressly exempt from its application:
(1) Any person honorably discharged from the United State
Army, Navy, Air Force or Marine Corps or other components
of the military forces of the United States.
(2) Persons engaged in delivering merchandise of any nature
whatsoever on regular, scheduled routes to regular customers,
including specifically but not limited to persons delivering
dairy products, bread and other merchandise over such
routes; and, with respect to persons mentioned in this
subsection, they shall be exempt from all requirements of
this Article relating to the payment of the license fee or
license fees, terms and conditions.
B. This Chapter shall not apply to any of the following: (I) Sales conducted pursuant to statute.
(2) Sales conducted pursuant to the order by any court.
(3) Any person selling personal property at wholesale to dealers
in such articles.
(4) The sale of fruits and vegetables raised on the property
where being sold.
(5) Any honorably discharged member of the United State Armed
Forces who has procured a license under Article 4 of the
General Business Law of the State of New York.
(6) Persons soliciting, collecting or operating a sale on behalf
of any local bona fide charitable, re!igious, patr!otic or
other organization of worthy cause deemed to be in the
public interest and which organization is represented locally
by a Town resident.
(7)Any person selling personal property at a garage sale held
at his residence.
(8)The sale of newspapers.
(9)Any merchant having an established place of business within
the Town of Southold.
Section 69-104. Permitted activities.
The following activities shall be the only activities which can be
licensed pursuant to this Article.
A. The sate of ice cream, milk and other dairy products.
B. The sale of hot dogs, soda and other' items customarily found
on hot dog vending trucks.
C. The operation of coffee trucks and the sale of goods ordinarily
associated therewith.
D. All other businesses herein above defined as transient retail
businesses shall be illegal in the Town of Southold.
Section 69-105. Application for license.
Any person desiring a license under this Article shall first
register with the Town Clerk of the Town of Southold and shah file
with said Town Clerk an application in writing containing the
following information:
A. The name of the applicant.
B. Permanent home residence.
C. The name, address and telephone number of the person from whom
goods making up the stock, if any, were or are to be purchased.
D. Three (3) bona fide business references.
E. The place or places of residence of the applicant for the next
preceding three (3) years.
F. Two (2) recent photographs of the applicant, approximately two
and one-half by two and one half ( 2 1/2 x 2 1/2) inches in size,
together with a complete set of fingerprints.
G. A description of the goods, wares or merchandise to be sold and
offered for sale and~or the purpose of his proposed canvassing or
solicitation.
H. The length of time for which the license is required and
registration is to be effective.
I. Details of any arrests or convictions for misdemeanors and crimes,
including the nature of the offense for which arrested or
convicted, the date of conviction and the place where said
conviction was had.
J. To said application, and as a part thereof, there shall be attached
a letter from the firm or corporation for which the applicant
works, authorizing applicant to act as its representative.
K. A statement by a reputable physician, dated not more than ten (10)
days prior to the submission of the application, certifying the
applicant to be free of contagious infections or contagious
diseases.
L. An authorization certification from the New York Sales Tax Bureau.
Section 69-106. Investigation of applicant.
Each application shall be referred to the Police Department, who shall,
without delay, insitute such investigation of the applicant's
business and moral character as it deems necessary for the protection
of the public good and complete the same within a reasonable time. No
license shall be issued until the application shall have been approved
by the Police Department. The approval or rejection shall be endorsed
on the application by the Chief of Police or officer in charge.
Section 69-107. Recording and reporting of licenses.
A. The license shall be issued on forms drawn 'n accordance with this
Article. They shall be consecutively numbered and shall contain
spaces for the insertion of the name, location of the business and
amount of fee paid.
B. There shall be kept in the office of the Town Clerk the necessary
books for recording the time the application was received, showing
whether it is an application for a new or renewal license, the
name of the licensee, the date of approval by the Town Clerk, the
amount of fee received therefor and the date when the license was
issued.
C. Every person holding a license under this Article shall be required
to have in his possession the license at all times while actually
engaged in peddling.
19913 4 3
Section 69-108. Fees.
A. The non-refundable fee for each license application pursuant to
this Article shall be two hundred dollars ($200.) per year
or fifty dollars ($50.) per day or fraction thereof
13. Licenses shall be issued on an annual basis and shall expire on
December 31 of the year of issuance.
Section 69~109. Restrictions.
A hawker, peddler or solicitor shall.
A. Not engage in such business at any time between the hours of
8:00 p.m. and 9:00 a.m.
B.Not willfully misstate the quantity or quality of any article
offered for sale.
C. Not offer for sale any unwholesome, tainted deleterious or diseased
provisions or merchandise.
D. Keep the vehicles and receptacles used by him in a clean and
sanitary condition and the foodstuffs and edibles offered for sa}e
well covered and protected from dirt, dust and insects.
E. Not call attention to his goods by blowing a horn, by ringing a
bell other than a house doorbell, by shouting or crying out or by
any loud or unusual noise.
F. Not stand or permit the vehicles used by him to stand in one (1)
place in any public place or street for more than ten (10)
minutes, or in front of any premises for any time if the owner or
any lessee of the premises objects.
G. Not create or maintain any booth or stand or place any barrels,
boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares
or merchandise.
H. Not engage in such business within five hundred (500) fee of any
school between the hours of 7:00 a.m. and 4:00 p.m. on school days.
I. Not sell or peddle prepared foods of any kind, including ice cream,
confectionery, beverages, prepackaged snack foods, hot dogs,
hamburgers and other sandwiches, on any town beach upon which
is located a concession stand operated under an agreement with
the town, or on any parking area adjacent thereto.
Section 69-110. Revocation and suspension of license; hearing.
A license may be revoked by the Town Clerk or the Chief of Police by
reason of violation or the terms of the license, the violation of any
Town ordinance or state or federal stature or falsification or fraud in
applying for the license. The licensed person may, upon making
application to the Town Clerk in writing, request a hearing by the
Town Board upon the revocation or suspension of the aforesaid~-Iicense.
Section 69-111. Signs. .-
Appropriate signs, as the Town 13oard of the Town of Southold shall
deem necessary, shall be erected by the Highway Department of the
Town of Southold at such places within the Town of Southold as the
Town Board directs, advising of the existence of this Article.
Section 69-112. Violations and penalties. ~
" Any person required by this Article to procure a license who violates
its terms or who violates any of the provisions of this Article shall, upon
conviction thereof, forfeit and pay not less than five hundred dollars
($500.) or more than two thousand five hundred dollars ($2,500.) for
the first offense and no less than one thousand dollars ($1,000.~ or
more than five thousand dollars ($5,000.) for the second or any
subsequent offense.
2. Article 11 (Entrance onto Private Property) is deleted in its entirety
· and a new Article II (Canvassing for Religious Purposes] is hereby
adopted to read as follows:
Section 69-200. Nonapplicability of other provisions.
The provisions of Article I of this Chapter shall not apply to
persons who distribute religious literature or who solicit
contributions for such purposes with the Town of Southold.
11. This Local Law shall take effect upon its filing with the Secretary of State.
29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
DEPUTY SUPERVISOR PENNY: Arethere any Councilmen that would like to make a
report at this time?
COUNCILMAN WICKHAM: Maybe I'd make a brief report on the recent meetings of
the Association of Towns in New York City, that I attended. I think Ray was there,
and our Supervisor was there. I think to me some of the more noteworthy meetings
were those in regard to the solid waste problems, that we're facing. There were
a series of proposals. The DEC was represented, and made a presentation on the
procedure by which towns can express interest in availing of grant funds to help
close landfills, and I think we'l be taking that up at some future stage. There is
the possibility of some State support to help close active landfills. Considerable
discussion about various approaches to recycling. We got some good ideas from there,
from the conference. There were a number of other sessions, that I won't go into.
There was a whole series of discussions on planning and zoning, which I think have
a lot of areas of application and interest to the Town of Southold. In all it was a
very useful set of meetings.
DEPUTY SUPERVISOR PENNY: Ray?
JUSTICE EDWARDS: I, also, went down to the Association of Towns, but as much
as I would have like to have sat in on some of these muncipal solid waste programs,
I had more important things to do. I have to, as a Town Justice, spend twelve hours
in training every year to keep up with the latest laws, so my days of Monday and
Tuesday were tied up in schooling down there in New York. It is enjoyable to go
down there, but I do enjoy sitting in on some of the various lectures rather than
the schooling, but I have to get that out of the way. On Fishers Island we're in
the process now of getting our transfer station permitted over there. The engineering
has been done on it. They're drawing up final drawings on it now. In one of the
resolutions I read this evening was a lease for a piece of property from the Ferry
District to the Garbage District. I think it's 1.4 acres were we will be putting on
a transfer station, and our plans now call for us to take our garbage to New London
and up to Windham County, which is just north of Norwich, were we will be able
to use their landfill up there at a tipping charge, and then probably before the end
of 1993 the Connecticut" incineration, cogeneration incinerator, will be on line, and
they will be looking for garbage, and we'll be able to deposit our garbage there in
Preston, which is less than a ten mile drive from the ferry dock in New London.
Thank you, George.
DEPUTY SUPERVISOR PENNY: At this time is there anybody in the audience, that
would like to address the Town Board on any subject? Please come up to the micro-
phone, and identify yourself.
JOSEPH RISTUCCIA: Good evening. My name is Joe Ristuccia from Southold. l
want to thank you for letting me appear here this evening. I represent T~Pac,.
and I'd like to say that I haven't been coming to some of the Town meetings as often
as had, because I've been spending a lot of time with the school board. Naturally
that represents a great deal of the tax burden, that the taxpayers of SoL. thold have
to bear. One of the things that has come to my attention, because a number of
people called me, approached me, is some of the expenditures, that are being made
by the Town Board are going way overboard. As a matter of fact, this evening
George you mentioned the hardships that are coming down from Federal, down to
the State, down to the County, and all the way down to the local Towns. I have
to say, in that we feel that you are not being too prudent. You're getting involved
in certain areas at a time when we have to start looking for ways, that we have to
conserve. Some of the purchases of properties, I'm not going into great detail,
some of the expenditures relating to head count. If you would examine the number
of people, that have been added to the payroll, versus the number of people, that
have left, I think there's a net gain. I think (tape change) payroll more than
people. I see an addition of people to the payroll. Isn't that so?
DEPUTY SUPERVISOR PENNY: I don't believe so.
COUNCILWOMAN OLIVA: I don't think so. There's less.
DEPUTY SUPERVISOR PENNY: I think we're probably down somewhere between six
and ten employees in the last year.
JOSEPH RISTUCCIA: Then why is the budget going up aside from the fact, that
we had a carryover from the previous administration? We're spending money..
DEPUTY SUPERVISOR PENNY: That was the major part of this.
JOSEPH RISTUCCIA: Okay, about $600,000., but I haven't seen this Board
actually making cuts, that are commenture with the times that we are facing. I think
we've got to look at ways to cut back, because when you add the garbage costs,
that we're going to have to face pretty soon. When you add the cuts, that we're
going to getting from the State, when you add the burden that we're going to have
to take from the cuts in State Aid to schools, when you add that all together we're
going to be in trouble, and I see, you know, little things like you say the Supervisor
went up to Albany, and called you from his, I believe, cellular phone. I see a lot
of cellular phones in this Town. That costs money. Is there a better way to do
that? I think if you're flying in from Albany, and you want to call, and say you're
not going to make it, you call from a pay phone. If you're calling from a cellular
phone, I can tell you from personal experience, they're a very expensive thing.
Number two, the system that you purchased in the Police Department, I didn't see
any bids go out on that.
DEPUTY SUPERVISOR PENNY: What system are you talking about?
JOSEPH RISTUCCIA: There was a problem with the trucking system in the Police
Department. I think you only had three trunks.
TOWN ATTORNEY ARNOFF: You're talking about the phone lines coming in.
JOSEPH RISTUCCIA: The communications phone. How many bids went out?
DEPUTY SUPERVISOR PENNY: It was like a $1,500. or $1,600. expense, and we
dealt with a company, that's supplying the service. I believe it was AT&T.
JOSEPH RISTUCCIA: Is that right? Is it AT&T, or was it NYNEX?
DEPUTY SUPERVISOR PENNY: Which ever one it was, it's the one that is supplying
existing service.
JOSEPH RISTUCClA: First of all, I think George you should know who you're dealing
with. Number two..
DEPUTY SUPERVISOR PE~NNY: Wait a minute, Joe. I'm not here in a confrontational
situation. This is something that we dealt with, maybe three weeks ago, or four
weeks ago, and I apoligize for not having this right at my fingertips, but we were
dealing with probably a potential $1,600. expense, and there's very few purveyors
of this service, as you well know.
JOSEPH RISTUCCIA: That's not true. In the telecommunications industry you have
hundreds and hundreds of vendors out there. Number two, you should be doing
studies. Number three, you should know what the problem is. What I'm saying
here is, that Town Board should get involved in some of these expenditures.
TOWN ATTORNEY ARNOFF: Excuse me, Mr. Ristuccia. In one aspect, we had a
Police Department, that I think, had either two or three lines going into it. If you
didn't dial 911, and you dialed the Police Department, you could end up with a busy
signal. That was an unacceptable thing for the people of this community. We had
a proposal, that was made at a minimal price to the community. I think it was
$1,500. or $1,600. It came before the Town Board. They made a proposal. It was
something that required a degree of immediacy. We could have sent it out for study.
We have spent more in studies to accomplish what we did by making this agreement,
and I think we would be doing nothing more than josting at windmills, if we had
studies on how many lines we should have coming into the Police Department. We're
dealing with public safety over..
JOSEPH RISTUCCIA: I disagree with that.
TOWN ATTORNEY ARNOFF: You're entitled to that.
JOSEPH RISTUCCIA: First of all, I happen to be in communications.
TOWN ATTORNEY ARNOFF: I'm aware of your background.
JOSEPH RISTUCCIA: Secondly, the way you went about it, I think was wrong.
Third, I think what you could have done was to ask somebody in the community,
maybe to help you. Fourth, I'm not too sure you came up with the right package,
because a very short period of time ago, I think when Murphy was here, you went
out and bought a Merlin system. What did you do with that? You throw it out~
346
TOWN ATTORNEY ARNOFF: We use it every day.
TOWN CLERK TERRY: No, we don't.
JOSEPH RISTUCCIA: Mr. Arnoff, when it comes to communications, I don't think
you know what you're talking about. Okay? Please, all 'm saying to you is, that
I'm using this as an illustration. That if you get involved in certain expenditures,
before you spend money you make sure that you're going to be using that money
properly, because in a very short period of time, it's conceivable that you may have
to replace the system you have now with another one, and before you do that you
ought to know what you're doing. Okay? My point is here, and I don't want to
get into any knit picking, or any minor thing, such as what's happening here in
the Police Department, but what I'm suggesting to the Board is,. that you start
considering ways of cutting back on expenditures. If you look at some of the
properties sales, that have been bought, do I have to mention them? I think this
is not the time to do that. I think the Board is not looking at ways of saving mone_y.
I think the Board is looking at ways of spending money.
DEPUTY SUPERVISOR PENNY: Why don't you mention the property sales, so we
can at least give our side of it, so this's not a one sided discussion?
JOSEPH RISTUCCIA: I beg your pardon?
DEPUTY SUPERVISOR PENNY: Why don't you mention the property sales, so that
we can respond? There's an audience out here, that is only hearing one side of
the argument.
JOSEPH RISTUCCIA: What is your argument?
DEPUTY SUPERVISOR PENNY: Would you please mention the property sales.
JOSEPH RISTUCCIA: Well, for example, right now, I parked right outside. 1
could have gone in the backyard. There's no more than, say, a dozen people in
this room. In the middle of the day, I don't see any great need for any pa;rking
lot in the back, particularly when you're buying a piece of property in the back
for $175,000., that if I could buy a half acre on Main Road for $175,000.
DEPUTY SUPERVISOR PENNY: Zoned business with the frontage on the back road.
JOSEPH RISTUCCIA: Why was that property bought at this time? Do we need it?
Do we need it now, George?
DEPUTY SUPERVISOR PENNY: Yes, we do. For future...
JOSEPH RISTUCCIA: I don't think so.
DEPUTY SUPERVISOR PENNY: Joe, you can come here, when there is no traffic,
and say that we don't have a problem, but if you come here every Friday when you
can't find a parking spot within a half a mile of this Town Hall, then there is a
problem, and the Town Board recognized this. In these slack time is t~yin9 to set
the trend for the future, and if we didn't buy it today at a reduced price of about
$100,000. due to the depression in the economy, and in the real estate market, if
we didn't buy it now, we'd be buyin9 three years from now, back at those inflated
prices of $275,000. and upwards, and then everybody would be screaming twice as
much. The Town Board is looking ahead. It's the only parcel continuous to the
Town, that this Town Board felt, in total, that we should deal with it now. We
saved $100,000. from the last time we looked at it, which was two years ago, and
the price was a lot higher. We're trying to look ahead. The tax, impact of this,
and i don't have this, but I'll be very happy to prepare for you, or for anybody,
or the Board will be very happy to 9ive you the tax ramifications of bonding
$175,000. over ten or fifteen years. I don't think that you're looking at $3.00,
$2.00, $.50 on your tax bill. We're trying to gear ourselves for the future. The
shortsightedness of others, when they created this particular complex in not being
able to reach out and touch contingent properties is going to follow us forever. It
was vacant. It was up for sale. It has a site plan c'learance on it, and it would
have turned into a piece of business property, and then we would have been land-
locked, and then what would we have done five years from now, Joe, when we needed
that property desperately?
JOSEPH RISTUCCIA: I'm not sure that that going to be the case. As a matter of
fact, you're looking at your crystal ball, let me look at mine.
DEPUTY SUPERVISOR PENNY: We can sell it at the same price.
FEBRUARY 26, 1991
347
JOSEPH RISTUCCIA: You had your say, let me have mine. I look in my crystal
ball. My crystal ball says, there's going to be a lot of people leaving this town.
They'll be forced to leave, and you won't have that crowd, because they're not
~going to be here.
DEPUTY SUPERVISOR PENNY: Joe, we can sell that property.
JOSEPH RISTUCCIA: Number two, what are we going to do with Marratooka?
What the heck is that..why are we going for that piece of property?
DEPUTY SUPERVISOR PENNY: That was bought through Open Space Preservation
Funds,
JOSEPH RISTUCCIA: 1 think this is the wrong time to look at these things. I
think You've got to have priorities.
DEPUTY SUPERVISOR PENNY: A bond act was passed in 1985, or 1987; There
were bond acts,that were passed by an overwhelming majority of voters in Southold
Town, authorizing the expenditure of $1,750,000. for certain purposes. Number
one, and that was '85 was the Farmland Preservation Program, it was probably
supported by two-thirds of the voters in Southold Town, which said..and we have
Local Law, and we have a committee, that deals with this, we ran out of money in
the Farmland Preservation Fund. I( got very Iow, and we find that there was a
pressing need for people, that didn't want to have property acquired for farmland
purposes, just for open space preservation in sensitive areas for scenic easements,
etc. This was passed by again, probably about two-thirds of~the voters in Southold
Town to allow this. This bond act has been in place since 1987. This is the first
parcel of property..this is the first parcel of property, that was acquired through'
these funds.
JOSEPH RISTUCCIA: We had a bond act in 1990 to turn down a million dollars.
Okay?
DEPUTY SUPERVISOR PENNY: The others. . the bond was rescinded, Joe.
JOSEPH RISTUCCIA: I'm telling you, I think this Board is ignoring the wishes of
the town. What the people in this town voted in the last referendum was turn down
a million dollar bond. Number two, for you to bond, if we're talking about bonding,
for'you to bond 2.7 million dollars this year, is this going to end this year, or are
we still going to be getting more bonds next year?
DEPUTY
JOSEPH
DEPUTY
date the
SUPERVISOR PENNY: What 2.7 million dollars are you talking about?
RISTUCCIA: The one that we got on the..
SUPERVISOR PENNY: The bond consolidation? That was done to condoli-
existing bonds, that are already in place at a savings of up to 3% on the
existing bond anticipation notes, that we've been paying. This was done at a cost
savings to the taxpayers of Southold Town. I strongly suggest that you meet with
the Supervisor, and he'll take you down to the Accounting Office, and they'll show
you all the facts and figures in the spread sheets.
JOSEPH RISTUCCIA: I'll do that.
DEPUTY SUPERVISOR PENNY: This is the Supervisor's responsibility, and he took
this up.. This was not a Town Board action. He saved the town money by doing
that.
COUNCILMAN WICKHAM: I would just like to say, that the operating budget for
this year, the Town Board prepared the tightest operating budget I have ever seen
for a muncipality of this kind. When we recognize that we would have to put in
another couple of hundred thousand dollars for the dump, we slashed everything
else we could, and I think this budget this year, is tighter than any budget in
recent memory in terms of any one of the discretionary items, that the Board would
have discretion in approving. For example, we cut 20% arbitrarily from all of the
discretionary grants that the Town Board in the past, has given to things like Arts
Council, the various concerts, and all of that. We just cut 20% out of all of that
based on last year's. What we have left now is, you would have to call it a bare
bones budget, and there hasn't been one activity, one vote of the Board, that I'm
aware of, that has gone over that budget yet, and I think all of us on the Board
are watching it very carefully, and each one of us is kind of keeping a rein on the
rest, that we're going to try to hold what was almost an impossibly tight budget
when we adopted it late last year.
3 4 8 FE..u^R¥ 26. ,99,
JOSEPH RISTUCCIA: I have to disagree, Tom.
COUNCILMAN WICKHAM: Well, you're welcome to.
JOSEPH RISTUCCIA: Simply because you haven't seen bare budgets, bare bone
budgets. When you start getting the kind of school taxes we're going to be getting,
when you start getting the kind of taxes we're going to see with the landfill costs,
when you start getting some of the costs, that we're going to be faced with in terms
of land purchases, all of a sudden people are going to start saying, well, where
are we going to go? You're forcing people out of this town. That's the concern
of a lot of people in Southold. You know it, and I know it. But you say bare
bones. One of the things I saw on the $7,000,000. issue was a $400,000 figure for
digging a couple of wells. We don't even know what those wells' are going to cost,
yet they were put in there for $400,000. All I'm saying is, rather than bond these
things, maybe we ought to look at it a different way. What are we going to do next
year? Are we going to continue bonding next year? That's the concern of citizens-
in Southold. They call me up, and they're saying, what's going on? I just want
to voice my opinion.
DEPUTY SUPERVISOR PENNY: Let rne just respond to part of that. It seems fairly
simplistic to reduce a $300,000. State mandate, extensive engineering costs, and
cluster of wells, and testing mandated by State of New York to digging a couple
of wells. That may sound good, when you read it in the press, and it may support
your side, but I suggest that you come in, and read the State documents, that have
been created, and the State studies, that are neccessary to meet this most important
State mandate, that addresses any expansion of our existing facility, justifying the
fact that we don't have to do a superfine cleanup there, and capping enclosure. If
that is digging a couple of wells, I'll eat my hat. Okay? That's number one.
Number two, it's not going to cost $400,000. We anticipated at the time, that we
did the bond, the worse case scenario, and we.are not yet to that point.
JOSEPH RISTUCCIA: Good management, prudent management, anticipates doing it
bare bones.
DEPUTY SUPERVISOR PENNY: Good prudent management, when you're passing a
bond, or creating financing to pay for something, is you allow for more money than
you need, so that you don't go out and create additional expenses. You can always
draw less money down on a bond, Joe, but you can not take out more money, when
yo~l fall short. We are, also, applying through the 1/4% sales tax funds to have
this covered completely. We may not need the bond for that particular purpose at
all. In which case, that portion of the bond will not be sold. But, we have been
doing what we consider prudent management, and we deal with it every day. We've
lived with this particular problem, the particular landfill scenario for over two years.
I don~t think that you're giving us a fair shake, when you come to addressing it
as digging a couple of wells. We have documents, probably...
JOSEPH RISTUCCIA: I'm familiar with 360.
DEPUTY SUPERVISOR PENNY: There's much more than 360.
JOSEPH RISTUCCIA: I'm familiar with solid waste in this town. I'm familial' with
the issue, and one of things that I see, this is going to cost us one hell of a lot
of money.
DEPUTY SUPERVISOR PENNY: That's right.
JOSEPH RISTUCCIA:. Okay? Why?
DEPUTY SUPERVISOR PENNY: Why is it going to cost us a lot of money? If you're
familiar with 360, then you've answered your own question.
JOSEPH RISTUCCIA: Okay, then we've got to do something about it.
DEPUTY SUPERVISOR PENNY: We're prudently trying to do that. If you think
that we're tap here just throwing out money, you're wrong. We have dealt with this.
We have dealt responsibly with every possible facet of this. Ever since the bond
resolution was turned down for nine point something million dollars, we have taken,
probably the most conservative approach, that a town could take in solid waste
management anywhere, and I believe, also, that your committee was one that endorsed
our efforts, and you came in, and asked us to go further, which was to follow the
existing landfill, and keep utilizing our existing landfill, and not go any further
with the liners and other things, and which we would love to do, Joe, and somewhere
between spending a fortune, and following what you want us to do, which is spend
nothing, is where we're going to wind up, but I don't think that anybody is going
to be entirely happy, but I don't think ~he people are going to be that dissatified
when they see how prudent we are in the long run here.
VOSTO CIMADOR: Anybody that has property in the town should be paying taxes.
I don't think people mind paying taxes.
DEPUTY SUPERVISOR PENNY: This was a proposal, that was brought to us.
VOSTO CIMADOR: I think it's the State's responsibility to give everyone, every
kid in the state equa money for their education.
JOSEPH RISTUCCIA: George, I think maybe there's a misapprenhension here.
I think you read a statement from Siegmann?
DEPUTY SUPERVISOR PENNY: Yes.
JOSEPH RISTUCCIA He's not suggesting, and maybe a misinterpretation here,
that we ought to finance schoo through the use of our local income tax. I think
he's saying that, that might be a viable solution, say on either a State or County
level. If, you go down to a local base as you put, that might be, of course, a very
difficult thing to do. But, what Siegmann is saying here, and what TaxPac is saying,
and right now, there's a fellow by the name of Parol~. who is an Assemblyman from
the South Shore of Nassau County, Fred Parola. He's introducing a bill in the
Assembly to have an income tax for the financing in lieu of property tax for either
a piece, or the total bill for the school tax. In other words, this has been kicking
around for a long, long time, but now he's trying to put in some kind of form of
a bill. Now, now what has begun on the State level, whether it be done on a County
level, it remains to be seen, whether you may want to use a combination thereof.
That's something else. I agree with you totally. It is a very'complex issue. It's
so complex, that I think it would take a tremendous amount of study, and to realize
the impact it would have on the total population. I think in the statement, that you
have there by Siegmann, I think it was brought out that some of the problems, that
might be generated from this, would have to b'e looked at. I don't think he's sug-
gesting that we substitute the school tax for a local property tax. I don't think
he's saying that, is he?
DEPUTY SUPERVISOR PENNY: He was suggesting that they ask the State to give
their permission to have an income tax.
JOSEPH RISTUCCIA I think he's looking to this Board to come up with a resolu-
tion, and to, perhaps, support that they look at this thing, because the way we
finance schools now is totally wrong. It's been enforced this way for over 200 years,
and it's such a burden, that you can see the problem we have. I mean, look at
what happens if you're a property owner. People in Levitown are paying $7,000.
a year, and it's ludicrous. There's got to be a different way to finance schools.
You, also, have to look at the other side of school taxes, which is the expenditure
side, and not too many people are looking at that seriously. As matter of fact,
Coopers and Lybran did a study, and they were laughed at by the educational
establishment. I think we ought to..l'm not saying that the Coopers and Lybrans
are the last study we ought to look at, but I think it's a beginning. We've got to
look at the expenditure side, that's what I was trying to say before, and we've got
to look at the revenue side, how we can generate revenues on a more equitable
basis. I think that's all.
DEPUTY SUPERVIOR PENNY: Let me just follow this up, Joe. I don't
feel that:, if what you're saying is true, that if you're interested in the Town Board
pursuing another way of financing schools, I don't think that this is a burden, that
a Town Board is going to be able to accomplish.~ The Town Board does not have
the time or the finances available to commission studies, and to look into these
different ideas.
JOSEPH RISTUCCIA: No, I'm not asking that you look into it. What he's saying,
he's asking for your endorsement by some resolution, that State ought to look into
this thing, or the County. I think the lowest level should be the County.
DEPUTY SUPERVISOR PENNY: That's why I brought this up, seeing you all here,
because it's totally unclear to me.
JOSEPH RISTUCCIA: Did he say, down to the town?
COUNCILWOMAN OLIVA: That was our understanding.
DEPUTY SUPERVISOR PENNY: That was our understanding. I could show you the
same record, that we have, and we had a note from him today, he wanted us to
support an alternate form, and we assumed that...
JOSEPH RISTUCCIA:
would it be?
I think, that's what he's saying, an alternate form, and what
DEPUTY SUPERVISOR PENNY: What would it be? We can go on the record. We
can give you a pie-in-the-sky resolution, saying that we'll support something nice,
if it comes down, but what is it we're supporting?
JOSEPH RISTUCCIA: I think you have to look at income tax, if that's what you're
looking at. You'd have to find what the lowest common denominator would be, and
I don't think it would be at the Town level. For you to look at that thing, | think
it would be ludicrous. Okay, that's my opinion. I'm giving my own personal
opinion. I think it's something you ouc3ht to look at, say at a higher level. Maybe
even a County wouldn't be Iow enou§h.
DEPUTY SUPERVISOR PENNY: Maybe you should be lobbying the County, who hav.e
a lot bigger resources that us.
JOSEPH RISTUCCIA: We're doing that. As a matter of fact, I'm attending a forum
of State Legislators on Thursday of this week, and one of things we're going to be
discussing is this very subject.
DEPUTY SUPERVISOR PENNY: It seems like it's going to be very difficult for us,
as a Town, to pick a direction. Once a direction is taken, and.I'm sure that the
County Legislature, and people in the State Assembly, have a lot more resources
available to accumulate this information. Once something comes down, that gives
you a sense of the direction, that you feel comfortable with, then if you came to
us to endorse it, then it might put us in a better position to respond to something,
to deal with this on a local level.
JOSEPH RISTUCCIA: Since there's some confusion, I'll talk to Seigmann, and we'll
get a clarification for you. Okay?
DEPUTY SUPERVISOR PENNY:
until you get back to us.
JOSEPH RISTUCCIA: Fine.
I'd appreciate it, and we'l
hold off any research
DEPUTY SUPERVISOR PENNY: Thank you. Yes, sir?
DICK PANDOLFI: My name is Dick Pandolfi, Southold. I hear..keep hearing all
these alternate methods of funding the schools. I don't know how many years ago
a Lotto was put in. Billions and billions of dollars have been mad~ and I never hear
anyone mention anything about Lotto. Now, you people, can't this. You should
find out where is that money going?
TOWN ATTORNEY ARNOFF: It's being diverted not towards us, that's for sure.
'DEPUTY SUPERVISOR PENNY: We have the same question, that you do.
DICK PANDOLFI: We in Southold, you've go to remember this is rough now,
$12,000. per child, I believe is what it costs. We get $5.25 from the Lottery. Now,
why don't all the towns, etc., etc. pursue that, that's where the money is? They
give away $40,000,000. in prizes. This past one, I think was $90,000,000., and
they receive $40,000,000. So there's where the big money is. That's it. The
Teacher's Union, the School Boards, everyone should get behind that, and get the
money that was put out for the schools. The Lotto was going to solve the Whole
issue, and further back than that, they told us that the money for the Third Avenue
subway, or whatever it was..
COUNCILWOMAN OLIVA: The Second Avenue.
DICK PANDOLFI: Second Avenue. There's no subway on Second, Third, or any-
where. They give you this, and you don't get it. Now, Lotto, I think everybody
should get behind it. Why should we only get $5.25 ~er pupil. That's ridiculous.
DEPUTY SUPERVISOR PENN.Y: Is there anybody else from the audience, that would
like to speak on any topic? (No response.) Are there any Town Board members
that have any closing remarks? (bio response) Somebody in the back?
FEBRUARy 26, 1991 3 5 1
VOSTO CIMADOR: Earlier on you mentioned the word parnership. I think that this
Board, and any other civic board, would provide a very constructive bit of informa-
tion to people. When I hear that the elected representative, the Supervisor, was
supposed to go to a meeting. It was supposed to be organized by the Attorney
General, and then 9et snubbed. I think that kind of information, as well as other
information, [las to be made available to our :press. We can't know ,what's going on,
unless the Board tells us. Everytime I meet with any political leader, he says, well,
our hands are tied. You know, we want to represent you, but all this in-fighting,
and we don~t have this kind of communication with the people we work with, and
so forth. I think we need to know more about things of that nature. We don't
have any partnership at all.
DEPUTY SUPER,VISOR PENNY: Thank you. Is there anybody else in the audience,
that would like to address the Board? (No response ) Are there any Town Board
members, -that have any closing remarks? (No response.) Can we have a motion to
adjourn?
Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was
RESOLVED that the Town Board meeting be and hereby is aoiourned at 9:45 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards.
This resolution was declared duly ADOPTED.
Judith T. Terry~/
Southold Town Clerk