HomeMy WebLinkAboutTB-03/26/1991384
SOUTHOLD TOWN BOARD
MARCH 26. 1991
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilwoman
Ruth D. Oliva, Councilwoman Ellen M. Latson, Councilman Thomas H. Wickham, Town
Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town
Clerk Judith T. Terry. Absent: Councilman George L. Penny IV.
9:30 A.M. Charlotte Bianchi, American Red Cross, and Robert Keene, Chairman
of the Red Cross board, Eastern Region, appeared before the Town Board to receive
a proclamation declaring the month of March, 1991 as "Red Cross Month" in the Town
of Southold. Following the presentation Mr. Keene, as Historian of the Town of
Southampton, presented Supervisor Harris with Southampton's 350th Anniversary
Journal on behalf of Supervisor George Stavropoulos.
Moved by Supervisor Harris, seconded by the Entire Town Board,
WHEREAS, the AMERICAN RED CROSS has given round-the-clock service to our
Military personnel wherever troops are stationed at home or abroad standing by the
world over, to assist them and their dependents; and
WHEREAS, the AMERICAN RED CROSS stands ready to come immediately to the aid
of people stricken by floor, fire, or storm and provides hospitals, health agencies
and physicians with whole blood and blood derivatives, thus greatly contributing
to the health of the American people; and
WHEREAS, the RED CROSS in Southold Town helps keep our families safe and
healthy through training in first aid, water safety and home nursing; now,
therefore, be it
RESOLVED that the month of March, 1991 be known as "RED CROSS MONTH" in the
Town of Southold, and the Southold Town Board urges all citizens to join in support
of our Red Cross with our money, blood donations and volunteer service.
Vote of the Town Board: Ayes: Supervisor Harris, Justice Edwards, Councilwoman
Oliva, Councilwoman Latson, Councilman Wickham.
9:40 A.M. - For Discussion Items: (1) NYS-DEC Coastal Erosion Management
Regulations. Town Attorney Arnoff is working on a proposed Local Law for the
Town Board. In the meantime the Town Trustees will make a report on their
recommendations for the local law within 30 days. (2) Report from Engineering
Inspector Richter with preliminary findings with respect to noise abatement at the
Dog Pound. (All avenues have been exhausted with respect to moving the shelter
to a new site.) Mr. Richter suggests berms, fencing, and relocation of the office
trailer, all of which Supervisor Harris advises can be accomplished in house [or an
estimated cost of $8,000, and will be started as soon as possible. He also advised
that he will be asking the League to contribute toward the cost of the improvements.
(3) Proposed Local Laws to combine the Open Space and Farmland Committees. It
was decided later in the day to refer them to the Legislative Committee so
consideration can be given to adding economic impact reviews to the laws.
10:15 A.M. The Board reviewed proposed resolutions to be voted upon at the 4:00
P.M. Regular Meeting.
10:40 A.M.- Planning Board Chairman Bennett Orlowski, Jr., along with Thomas
McMann and Alan Connell of Suffolk County Soil & Water Conservation District, and
Bill Sanok from Cornell Cooperative Extension, met with the Town Board to discuss
the concept of Town ownership of the open space in a clustered subdivision which
has been identified as prime farmland area. They would like to see an advisory
MARCH 26, 1991
385
committee formed to development a management program for the land. Councilman
Wickham suggested a series of informational meetings to solicit the views of the
public , and the Town Board endorsed the idea. The Planning and Zoning
Committee and the town Board will work together on proposal, and will also explore
management of the land if under private ownership.
11:25 A.M. - Jack Romeril, Rec. t Tuthill and Bill Cremmers, members of the Solid
Waste Management Task Force, and Jim Bunchuck, Assistant Superintendent of Public
Works, met with the Board to discuss the proposed contingency options for financing
residential garbage costs should the Town be forced to stop landfilling. Option I:
cover the additional cost through taxes. Option II-A: Charge for garbage disposal
by weight. Option II-B: Charge on a volume basis. Option II1: Charge by the
bag, with the Town selling bags of a distinctive color and imprinted with the Town
logo. Option IV: Introduce a tag system, whereby tags would be sold by the Town
which would be fastened to the garbage cans or pastic bags. The Task Force
representatives favor Option IV. They recommend a public information program,
with hamlet meetings to educate the public and feel that when the public understands
the problem the Town will be faced with they will likely support the solution. The
consensus of the Town Board was that they favored the tag system, but would like
information on what other towns are doing. Also, with respect to the tag proposal,
they would like to see the Task Force refine the idea in further depth by the next
Town Board meeting.
12:25 P.M. - Recess for lunch.
I :45 P.M.
Work Session reconvened and the Town Board audited outstanding bills.
EXECUTIVE SESSION
2:10 P.M. On motion of Councilwoman Oliva, seconded by Councilwoman Latson,
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman
Oliva, Councilwoman Latson, Councilman Wickham. Also present: Town Attorney
Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.---The Board met with
Police Chief Droskoski, Lieutenant Conway, Chief Public Safety Dispatcher Raynor,
and Lynne Lorimer of Metro One to conclude contract negotiations with respect to
the construction of a communications tower by Metro One at the Highway Department
site, Peconic Lane, Peconic.--When the Board concluded their executive session a
resolution was placed on the Regular Meeting agenda authorizing the Supervisor to
execute a contract for proposal (see resolution no. 13).
2:25 P.M. The Town Board discussed personnel matters with Chief Droskoski and
Lieutenant Conway.---Upon the departure of the Chief and Lieutenant, the Town
Board discussed other personnel matters, and on-going litigation.
#:35 P.M. The Board agreed that the Town Board and the Town Attorneys and
Special Counsel Frank Isler would meet with the DEC in early April to discuss the
possibility of looking at new areas around the Cutchogue Landfill for expansion, as
well as closing and capping the landfill and funds to assist the Town in doing so.
4:30 P.M. - Work Session adjourned.
'386
REGULAR MEETING
~t~A Rec. lular Meetinc~ of the Southold Town Board was held on Tuesday, Marcb
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:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: Can we have a motion for the audit of the bills of March
26, 19917
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED the the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the amount of $249,268.48; General Fund, Part Town
bills in the amount of $34,701.33; Nutrition Fund bills in the amount of $2,868.64;
Adult Day Care bills in the amount of $100.00; SNAP Program bills in the amount
of $1,959.16; Community Development Fund bills in the amount of $2,429.06; Highway
Fund Whole Town bills in the amount of $5,961.52; Highway Fund Part Town bills
in the amount of $21,034.75; Capital Projects Account bills in the amount of
$70,000.00; Ag Land Development Rights bills in the amount of $6,000.00; Open
Space Capital Fund bills in the amount of $6,225.58; Employee Health Benefit Plan
bills in the amount of $33,401.21; Fishers Island Ferry District bills in the amount
of $60,977.07; West Creek Estates Road Improvement bills in the amount of $74.42;
Southold Wastewater District bills in the amount of $18,750.00; Fishers Island Sewer
District bills in the amount of $337.54; Southold Agency & Trust bills in the amount
of $4,188.26; Fishers Island Ferry District Agency & Trust bills in the amount
of $387.54.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion approving the minutes of the Board meeting of
March 12, 1991.
Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESQLVED that the minutes of the March 12, 1991, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion setting April 9, 1991 at 4:00 o'clock P.M., as
the next regularly scheduled meeting of the Southold Town Board.
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the next rec~ular rneetinq of the Southold Town Board will be held
at 4:00 P.M., Tuesday, April 9, 1991, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We have a proclamation to do tonight fc~r an individual,
Joy Bear, who is here with us, and we also have six public hearings, which we'll
be starting at 8:00 o'clock sharp, and moving on. Before we get to that we
have twenty resolutions, that we'll be doing, and before we do that we'll be enter-
taining anyone from the audience, who has any information, or would like to ask
any questions on a resolution, that we may be doing first. After the public
hearings are done, once we complete that segment, then we can move to any
questions, .that members of the audience may have to any member of the Board
on any topic, that may be of concern to them. At this time it gives me great honor
to do a proclamation for Joy Bear, who is seated up front here. Joy, would you
like to stand up for a minute, so everyone can say hello? This proclamation is
being presented to you on behalf of the Southold Town Board.
MARCI-J 26, 1991
387
Moved by Supervisor Harris, seconded by the Entire Town Board,
WHEREAS, the Town Board of the Town of Southold wishes to pay tribute to
JOY BEAR for her meritorious service to the Town of Southold, upon the occasion
of her retirement from the LANDMARK PRESERVATION COMMISSION; and
WHEREAS, JOY BEAR has been a member of the I,ANDMARK PRESERVATION
COMMISSION since April 5, 1983, and generously contributed her expertise and
artistic talents to the fine works of the commission, as well as toward other projects
sponsored by the Town of Southold, including the design of the Tercentenary
Book in 1983, donated her illustrations for publication in the 350th Anniversary
Celebration Journal, collaborated on the design and illustrated the Landmark Preser-
vation Commission's book published in 1990, "Houses of Southold: The First 350
Years", and Mrs. Bear's own book~ "Southold Houses", can be found in the library
of any student of Long Island or New England historic homes; and
WHEREAS, JOY BEAR exemplifies the qualities of leadership and dedication, and
he, r admiration and respect by the community is a tribute to her warm, sensitive
personality;now, therefore, be it
RESOLVED~ that the Town Board of the Town of Southold hereby offers their
sincere thanks and deep appreciation to JOY BEAR for her unselfish dedication
to the Town of Southold, and hereby designates her a MEMBER EMERITUS FOR
LIFE of the SOLITHOLD TOWN LANDMARK PRESERVATION COMMISSION.
Dated: March 26, 1991
Vote of the Town Board: Ayes: Councilman Wickham, COuncilwoman l_atson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: On behalf of the Town of Southold, and certainly on
behalf of the Town Board, we certainly thank you for all the time that you've
put in. I hope you remain, at least active, and we keep seeing you from time
to time, and here's your proclamation. Congratulations.
JOY BEAR: I am very, very moved by this. I'm completely taken aback, and
it's a big day in i~y~ life, and I thank you very much.
SUPERVISOR HARRIS: Thank you, and we appreciate your time, as we said
before.
I. REPORTS.
1. Southold Town Justice Price Monthly Report for February, 1991.
2. Southold Town Justice Edwards Annual Report for 1990.
3. Supervisor's Monthly Budget Report ending February 28, 1991.
4. First Annual Report of Lighthouse Counseling Center Employee
Assistance Program.
5. Southold Town Developmentally Disabled Recreation Program Report of'
March Events.
6. Councilmen's Reports.
7. Su pervisor's Report.
II.PUBLIC NOTICES.
1. U. S Army Corp of Army Engineers, New York District, request for
permit by N.Y. Telephone Co. to install a submarine fiber optic cable between
Shelter Island and North Haven and Shelter Island and Greenport. Comment
period expires April 8, 1991.
2. U.S. Army Corp of Army Engineers, New York District, application.
by Frank Curran, Cutchogue, New York, to replace bulkhead, dredging and
installation of piling at Haywaters Cove, Little Peconic Bay, Town of Southold.
Comments by April 17, 1991.
.3. New York State Department of Environmental Conservation, Notice of
Complete Application of Frank and Sandra Curran to reconstruct 101 feet of timber
bulkhead within 18' of existing , dredge an existing 21' x 25' boat basin and use
the resulting spoil of 35 cubic yards for backfill, install one mooring pile. Project
is located on Haywaters Lane, Cutchogue.
4. New York State Department of Environmental Conservation, Notice of
Complete Application of Patrick Lohn to dredge with upland disposal and bulkhead
reconstruction in Corey Creek, Little Peconic Bay. Comment period expires April
19, 1991.
5. New York State Department of Environmental Conservation, Notice of
Complete Application of Nell McGoldrick to dredge with ten years maintenance and
beach nourishment in Hall. Creek, Great South Bay. Comments by April 19, 1991.
6. New York State Department of Environmental Conservation, Notice of
Complete Application of New York Telephone Inc., for installation of subterraneous
fiber optic cable.
III. COMMUNICATIONS.
1. Diana Weintraub, Executive Director of The Retreat in regard to $outhold
Town~. pro-arrest policy.
Susan B. Brown of [:ast [:nd Consortium on Family Violence in regard
to Southold Town's pro-arrest policy.
3. Victim's Information Bureau of Suffolk in re§ard to Southold Town's
pro-arrest policy.
IV. PUBLIC HEARINGS.
8:00 P.M. "A Local Law in Relation to Unsafe Buildings and Premises".
8:02 P.M. "A Local Law in Relation to Zoning Use Regulations".
8:05 P.M. "A Local Law in Relation to Off Street Parking Regulations".
8:07 P.M. "A Local Law in Relation to Open Storage".
8:10 P.M. "A Local Law in Relation to Requirements for Fire Lanes".
8:12 P.M. "A Local Law in Relation to Guest Landfil Permits".
V. RESOLUTIONS.
SUPERVISOR HARRIS: Before we start resolutions are there any members of the
audience, that would like to address this Board on any question on any resolution
we may be entertaining in the next few minutes? Yes, come forward and state
your name, please.
FRANK CARLIN: Frank Carlin. Laurel. How many Sergeants do you have on
the Police Force now?
SUPERVISOR HARRIS: Five.
FRANK CARLIN: This will make seven then?
SUPERVISOR HARRIS: It makes seven.
FRANK CARLIN: Three shifts, you need seven sergeants?
SUPERVISOR HARRIS: We have two have been retired. We have another one
retiring April 1st. If there's no othe- questions, we'll move on to resolution.
The first resolution of the evening is to authorize and direct the Town Clerk to
advertise for bids for the purchase of soil. I'll move that resolution.
1.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of 10,000 yards
of soil, more or less as may be needed, to be used for covering purposes at the
Southold Town Landfill.
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the removal of the following
recycled items from the Southold Town Landfill: Plastic, Tin Cans, Cardboard,
Glass.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the sale of two (2) used 1987
Plymouth police vehicles.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harr. is.
This resolution was declared duly ADOPTED.
4.-Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $400.00 for the April 27, 1991 Developmental
Disabilities bus trip to Westbury Music Fair; charge to made to A4046.4, Handi-
capped Program, Contractual Expenses; check made payable to Seaview Coach, Ltd.
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman katson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
M^.CH 26, 1991 3 8 9
5.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of the following instructors for various Recreation Programs throughout
1991, at the following salaries:
Brian Campbell (basketball instructor) .................. $10.00 per hour
Laura Carlisle (aerobics) .............................. $30.00 per class
Laura Carlisle (baton) ................................ $16.00 per hour
Laura Carlisle (walkabout) ............................. $20.00 per class
Shirley Darling (tennis) ............................... $14.00 per class
Les Erbst (dog obedience) ............................ $60.00 per class
Linda Fletcher (yoga) ................................. $40.00 per class
Eleanora Kopek (arts & crafts) ........................ $14.00 per class
Jackie Moeller (horseback riding) ..................... $16.88 per hour
Mary Mooney-Getoff (Chinese cooking) ................ $40.00 per class
~ Basil Northam (outdoor education) ..................... $55.00 per session
JoAnn Terkowski (folk dancing) ....................... $20.00 per class
Lynne Wentworth (drama) ............................. $14.00 per hour
Latson,
5.-Vote of the Town E~oard: Ayes: Councilman Wickham, Councilwoman
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor
This resolution was declared duly ADOPTED.
Harris.
6.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for repairs to the undercarriage of the
D6 bulldozer located at the Southold Town Landfill, Cutchogue.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris,
This resolution was declared dUly ADOPTED.
7.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the TOwn Board of the Town of Southold hereby cjrants permission
to Commissioner of Public Works Jacobs to purchase one (1) baler from the Town
of Riverhead at price of $7,800.00.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budcjet modification to the General Fund - Whole Town 1991 Budget to
appropriate the 1991 Decentralization Grant received through the Huntington Arts
Council for the Summer Showcase Concert Series:
Revenues:
A3097 NYS Grant $ 1,200.00
Appropriations
A7270.4 Band Concerts, Contractual Expenses $ 1,200.00
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd like, also, l~..extendmy thanks as well as the Town
Board's to Peggy Murphy for work well done. She's worked very hard on
getting this grant from the Huntington Arts Council, and this should be a very
nice Summer Showcase. It's given on the Green down here, or Silversmith Corners,
right across from Southold Savings Bank, so I hope everyone looks forward to
and participates in this concert series this summer.
9.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert
Kassner, part-time Planner Trainee in the office of the Planning Board, to the
position of provisional Site Plan Reviewer in the office of the Planning Board,
at a salary of $24,966.00 per annum, effective April 4, 1991.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
recjret, the resignation of Helen M. Lehmann, Aide in the Senior Adult Day Care
Program, effective March 20, 1991.
10.-Vote'of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Couni~il.man Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED. '
390
MARCH 26, 1991
11.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Roman
Wdowiak as a part-time Gate Attendant at the Landfill, effective immediately, at
a ~--~ry of $6.25 per hour.
11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for bulkhead repair and replacement
at Klipp Park, Greenport, all in accordance with the drawings and specifications
prepared by James A. Richer, RA.
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a lease agreement between Cellular
Telephone Company and the Town of Southold for the installation of a Telecommuni-
cations Tower and Equipment Building at the Highway Department Site, Peconic
Lane, Peconic, for a term of ten (10) years commencing April 1, 1991 and ending
on March 31, 2001, at a rental fee of two thousand five hundred dollars ($2,500.00)
per month, to be paid to the Town of Southold, all in accordance with the lease
agreement as approved by the Town Attorney.
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints John
E. Clark and Howard W. Sawicki to the positions of Police Sergeant, from the
Suffolk County Department of Civil Service Certification of Eligibles List, effective
March 29, 1991, at the base salary for Sergeant as provided by the Southold Town
Police Benevolent Association, Inc. agreement with the Town of Southold.
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, let me go out to the audience in the interest
of brevity before our public hearings, which are scheduled at 8:00 o'clock, other
than any questions on those public hearings. Are there any members of the
audience, that would like to address any questions to this Town Board, that will
save time after the public hearings, for you to ask those questions. Yes, sir.
ED SCHWINDT: It's not exactly a question. It's just a suggestion, if I may, as
long as we have the time. My name is Ed Schwindt from Southold. Something
that has always been on my mind. This Southold Logo here. I understand that
was donation from Southwold, England, and I was shocked and amazed to see that
no place on it, is there any indication of how it got here, or when it got here.
I think there should be some kind of a little plaque telling the story, that it was
given to us, because we're all going to go on as time goes on, and in years to
come people will look at this, and never know how, or why it got here.
SUPERVISOR HARRIS: Mr. Schwindt, it's my understanding that what you're
looking at here was a donation from a former Councilman, James Homan. He
graciously commissioned to have this carved, and he donated it, and he didn't
want his name on it, that he donated it to the Town. He didn't want any
recognition. He iust did this for all the years that he's made a living out here,
and that he served people in Southold Town.
ED SCHWINDT: Was it true that it was donated?
SUPERVISOR HARRIS: Let me let the Town Clerk explain exactly what trans-
pired.
TOWN CLERK TERRY: It's a replica of the carving, that stands in the square
in Southwold, England, and when he was over there, I~e was so taken with it,
that he commissioned to have a duplicate made in England, and shipped, at his
own expense, and donated it to the Town. Jim was, also, Jim Homan was, also,
a former Supervisor for a brief period of time.
MARCH 26, 1991
391
ED SCHWINDT: As you refresh my memory now, Judith, that comes back to me.
I still feel that if you wanted to be anonymous, couldn't you explain on that in
a little plaque on that, exactly what you just said, that it was a copy of a logo
from Southwold, England?
SUPERVISOR HARRIS: I will be glad to take this up with Mr. Homan, and see
if we can get him to reconsider, also, putting his name of it.
ED SCHWINDT: Good idea. Thank you.
SUPERVISOR HARRIS: Thank you for the suggestion.
FRANK CARL1N: Frank Carlin. Laurel. It's hard to believe that the Town Board
si-,nce about 1986 spend not much money on an animal shelter over there. Not
much was spent since 1986, when you added that partial building there. We never
seem to have any money. But, we seem to give ourselves raises. We have money
for that, We can spend $175,000.00 for a parking lot back there, and incidently,
Scott, at your last meeting in your speech, that the cost reduction, you reduced
some Town employees. If you're doing that, why do you need more parking there
for?
SUPERVISOR HARRIS: Would you like me to answer that, Mr. Carlin?
FRANK CARLIN: Let me finish. It's really a disgrace, that can't find any money
to improve this animal shelter over here. If we can't find the money, float a bond.
You float bonds for everything else, why not float a bond for that, and put up
a halfway decent building to help reduce the noise. You're going to put down
animals, I understand, from 60 to 48. Is that the only solution, you're going
to have for us?
COUNCILWOMAN LATSON: Can I comment, Frank? I had forwarded a report
to the Town Board members, as well as the members of Dog Relocation Committee,
and in the report I suggested, that James Richter, who is the Engineering Inspector
for the Town, inspect the existing site, and forward his preliminary findings,
and Bill Cremmers, who was a member of the Dog Relocation Committee, be contacted
for imput. As the result of that, at the last meeting of the Dog Pound Relocation
Committee James Richter submitted plans, that he feels will effectively reduce the
noise level at the Dog Shelter. What the Town Board proposes to do is to install
a six foot vegetated berm around the south perimeter of the Dog Shelter, which
will block off the light shining in from the impound area, and from the Police
Station on the dogs, and to berm the east side, and make the entrance on the
north side, therefor effectively reducing any light, and noise, that has a tendency
to arouse the dogs. Though the Town Board does not feel that that's the permanent
solution to the Shelter, and while I, as a Town Board member, do intend to upgrade
the Dog Shelter in the future, this is the best method that we could come up with
at the time, to abate the noise, and we will be relocating the trailer to the north
side.
FRANK CARLIN: Mrs. Latson, what you said, I know all about that, because
four months ago, I went over there with Ed Dart, when I was appointed to the
Committee. Now, we looked over the whole animal shelter. I went over to Ray
Jacobs, and he approved of it, putting up a 120 foot stockade fence in front of
the building there to prevent light from the Police Station, putting up some
stockade fence along the south side, which you don't have now, putting up a
stockade fence, closing up the gate, which we don't have now, to prevent the
light from coming in. I went all through that. I've got the plan right here.
With all this planning, and this here..the trouble with the people is, when you
get something done, you people plan, and it takes months, and months, and
months to get something done, and then you come up half of the time with nothing.
I've got it right here, and Ray Jacobs agreed. He wanted this plan. He says,
I'll supply that fence, and I'll put it up for you. That was four months ago.
SUPERVISOR HARRIS: Mr. Carlin, I want to hand you, this apparently you haven't
received.
FRANK CARLIN: No, I haven't received that, but what we had in mind was what
you're talking about was, in my opinion, just as good.
SUPERVI~SOR HARRIS: This furthers what you mentioned, and it's one of the
basis to see what's going to be done.
FRANK CARLIN: All this fancy stenography here, I have it right here in black
and white, pen and pencil. Same thing, only take about two months to do it.
392
MARCH 26, 1991
JUSTICE EDWARDS: Mr. Carlin, only today we approved the installation of those
berms. You, also, have to consider now, that we were looking at two or three
other sites, where people wanted this dog pound moved. We're not going to make
any work out there, if we're going to move the dog pound. But now that we
know this is going to be home base, we have this schematic, we have that print,
which you were just given, and we authorized today to spend the money to do
this work, only today.
FRANK CARLIN: As far as the fence goes, he said he could supply the fence,
and put it up.
JUSTICE EDWARDS: That is correct. It's more than just a fence, though.
SUPERVISOR HARRIS: Frank, let me just digress for a minute. As you know,
I ~formed the Shelter Relocation Committee, because of the situation that existed
with the neighbors, for many years around that Shelter, who wanted it moved.
It was supposed to be only a temporary facility, not a permanent facility. You
were appointed to that committee by this Board. You served on this committee
at a number of meetings. You dealt with the individuals on the other side of
the fence, that were aggrieved by the noise on a constant basis, and I think you
are fully aware of the situation, that exists, and how delicate this is at this time,
and why you can't just surge ahead, and do what you want to do, because there
is a lot of people's feelings involved, and people's lives involved here, when it
comes to their health and welfare, that they're entitled to in this town, and that's
why this town has been diligently working. I have been diligently working on
this with this committee, and today, as Judge Edwards said, we're very pleased
that we're moving ahead now. It's not a permanent solution by any means, but
it is some resolve to a situation, that is ongoing, that has been put aside, and
I think by putting up these berms, and vegetation, that this should help eleviate
some of the noise, and relocation of the trailer with the fence that you mentioned,
and with Ray Jacobs help, James Richter, who is the Town Engineer's help, and
your direction, also, where you obviously had some imput into this, we're going
to have some resolve, and something that is finally going to be done for those
animals, not to mention, which is the main thing, something to be done for those
people, who live around that facility, that certainly have a right to some kind
of peaceful existence.
FRANK CARLIN: Right, I agree with you on that stuff, but now that we decided
to, at that location is going to be, let's concentrate on replacing that building.
There's no reason why we can't replace that building. We can find money for
other things, why can't we replace that building? It's falling apart. That would
reduce the sound,
SUPERVISOR HARRIS: We're doing a little at a time. With the economic times,
that we have I appreciate your comments, and I think that when you go up there,
again, hopefully, within the next three months, or whenever it takes to get this
work completed, that you'll be pleasantly surprised, and pleased to see what has
transacted up there.
FRANK CARLIN: I think all of this is fine. You're still in the old building, and
you keep avoiding that for the last six years. You need a new building. It's
falling apart.
SUPERVISOR HARRIS: Hopefully, the North Fork Animal Welfare League, whlch
is.a not-for-profit organization, I understand is going to have number of fund
raisers, to help bring up some money through donations to help, maybe, facilitate
something like this in the future, and that's something they're working towards
right now, and I hope that everyone in this audience, and everyone that is watching
will eventually help that North Fork Animal Welfare League in donations, because
it certainly is what make us, as officials, and it make this town go and work very
smoothly, especially where we don't have to fund it 100%. The North Fork Animal
Welfare League' takes good credit, and credit is certainly due to them for the work
that they do.
FRANK CARLIN: You're right. I give the North Fork Animal 'League a lot of
credit for what they're doing. They're doing a wonderful job there. If it wasn't
for them, we wouldn't have the animals there now, but if they're going to take
up this fund, and stuff, why can't the Town help out a little bit, too? In closing
I want to say this, these animals are part of nature. They're put on this earth.
It's our responsibility to see that they are taken care of in a fair, reasonable,
and sensible way. Just keep that in mind.
M^RCH 19913 9 3
SUPERVISOR HARRIS: Also, the Animal Welfare League takes great pride in
saying, that three years ago, there were sixty' dogs up there, and today there
are t~i~nty-eight. The adoptions are working very well. The program is workinq
very well, and we certainly send our congratulations to them. Thank you. Are
there any other members of the audience, that would like to address the Board
on any matter at this time? (No response.) If not, we'll entertain moving into
the public hearings in one minute. We need a motion.
Moved by Councilwoman Ol[va, seconded by Justice Edwards, it was
RESOLVED that a recess be called_ at this time, 8:00 P.M., for the purpose of
holding public hearings.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 9:20 P.M.
SUPERVISOR HARRIS: We'll go back to the public hearings to see if the Board
would like to deliberate on some of these, and hold others. The First one a "Local
Law in Relation to Unsafe Buildings and Permises': Would the Board like to move
that?
15.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, there was apresented to the Town Board of the Town of Southold on
the 12th day of March, 1991, a proposed Local Law No. 5 - 1991, "A Local Law
in Relation to Unsafe Buildinqs and Premises" ; and
WHEREAS, there was a public hearing held on the aforesaid proposed Local Law,
at which time all interested persons were given an opportunity to be heard; now,
therefore, be it
RESOLVED that Local Law No. 5 - 1991 be enacted as follows:
LOCAL LAW NO. 5 - 1991
A Local Law in Relation to Unsafe Buildings and Premises
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 90 (Unsafe Buildings) of the Code of the Town of Southold is
hereby amended as follows:
1, Section 90-1 (Title) is hereby amended as follows:
This chapter shall be known as the "Unsafe Buildings,
Premises and Collapsed Structures Law of the Town of Southold. '--~
2. Section 90-3. (Unsafe buildings and premises prohibited) is
hereby amended as follows:
e
Ao
Unsafe Buildings. All buildings or structures which are
structurally unsafe, dangerous, unsanitary or not provided
with adequate egress or which in relation to existing use
constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or
abandonment are, severally, for the purpose of this
chapter, unsafe buildings. All such buildings and
structures are hereby declared to be illegal and are
prohibited and shall be abated by repair and rehabilitation
or by demolition and removal in accordance with the
procedures of this chapter.
Unsafe Premises. All premises which are unsafe,
dangerous, suffer from inadequate maintenance or neglect
or which do not permit or provide for adequate access by
emergency and/or fire rescue vehicles are, for the
purpose of this chapter, unsafe premises. Ail such
premises are hereby declared to be illegal, are
prohibited and shall be abated by repair and rehabilitation
in accordance with the procedUres of this chapter.
S~ction 90-4 (Inspection and report) is hereby am'ended as
fol lows: .
A. UnSafe BUilding. When. in the opinion of ~he Buildin9
Inspector. any structure located in the town shall be
deemed to be unsafe or dangerous to the public, he shall
make a formal inspection thereof and thereafter prepare a
· ~ort thereof and file the same
Bo
Unsafe Premises. When, either on the Building Inspector's
own volition or after receiving a written recommendation
from the Commissioners of any Fire Department or Fire
District or from the Villaqe of Greenport Fire Wardens or
Village Trustees located i-n the town that any premises is
unsafe in that it does not permit or provide for adequate
access by emergency and/or fire rescue vehicles as
required by Section 100-235 (C) in which the Building
Inspector concurs, the Building Inspector shall make a
formal inspection thereof and thereafter prepare a written
report thereof and file the same in his office.
Section 90-5 (Service of notice) is hereby amended as follows:
When it shall be determined by the Building Inspector that
a building, premises or structure is dangerous or unsafe to
the public, he shall promptly serve or cause to be served a
notice on the owner or other persons having an interest in
such premises, building or structure as hereinafter
provided.
The aforementioned notice shall be served on the owner of
the building, structure,, or premises or some one of the
owner's executors, legal representatives, agents, lessees
or other person hav ng a vested or contingent interest in
same, as shown by the last completed assessment roll of the
Town, either personally or by registered mail, addressed to
the person intended to be served at the last known place of
business. If the notice is served by registered mail, the
Building Inspector shall cause a,copy of such notice to be
posted on the premises.
5. Section 90-6 (Contents of notice) is hereby amended as follows:
The notice referred to in Section 90-5 hereof shall contain the
following:
A description of the premises.
A statement of the particulars in which the premises.
building or structure is unsafe or dangerous.
An order requiring the premises, building or structure to
be made safe and secure or removed.
D. A statement that the securing or removal of the building or
structure or the rehabilitation of the premises shall
commence within ten [10) days from the date of the service
of the notice and shall be completed within thirty (30)
days thereafter. The Building Inspector may extend the
time of compliance specified in the notice, where there is
evidence of intent to comply within the time specified and
conditions exist which prevent immediate compliance. In
granting any such extension of time, the Building Inspector
may impose such conditions as he may deem appropriate.
E. A statement that, in the event of the neglect or refusal of
the person served with notice to comply with same, a
hearing will be held before the Southold Town Board,
notice of which and the time and place thereof to be
specified in the notice to the owner referred to in section
90-5 hereof.
A statement that. in the event that the Town Board'. after
the hearing specified in section 90-6E hereof, shall
determine that the premises, building or structure is
unsafe or dangerous to the public, the Town Board may
order the building or structure to be repaired.
made safe and/or secured or taken down and removed. In
the case of an unsafe premises, the Town Board may order
.the premises rehabilitated and made safe.
M^.c. 26. ,,,, 3 9 5
A statement that. in the event,that the premises, building
or structure shall be detei~n~J'ried by the Town to be unsafe
or dangerous and in the event of the neglect or refusal of
the owner to make safe. repair or remove the same within
the time provided, the Town may remove such building or
structure or make safe the premises by whatever means it
deems appropriate and assess all costs and expenses
incurred by the Town 'n connection with the proceedings to
remove or secure, including the cost of actually removing
said building or structure, against the land on which said
buildings or structures are located.
Section 90-7 (Filing of copy of notice) is hereby amended as
follows:
A copy of the notice referred to in Section 90-6 hereof may
be flied with the County Clerk of the County within which such
premises, building or structure is located, which notice shall
be filed by such clerk in the same manner as a notice of
pendency pursuant to Article 65 of the Civil Practice Law and
Rules and shall have the same effect as a notice of pendency as
therein provided, except as otherwise hereinafter provided in
this section. A notice so flied shall be effective for a
period of one (1) year from the date of filing; provided,
however, that it may be vacated upon the order of a judge or
justice of a court of record or upon the consent of the Town
Attorney. The Clerk of the County where such notice is flied
shall mark such notice and any record or docket thereof as
cancelled of record, upon the presentation and filing of such
consent or of a certified copy of such order.
7. Section 90-8 (Emergency measures to vacate)
If the Building Inspector determines in his inspection of any
premises, building or structure that there is actual and
immediate danger of failure or collapse so as to endanger life,
he shall promptly require the premises, building, structure or
portion thereof to be vacated forthwith and not to be reoccupied
until the specified repairs are completed, inspected and
approved by the Building Inspector. For this purpose, he may
enter such premises, building or structure or land on which it
stands or adjoining land or structures with such assistance and
at such cost as may be necessary. He may also order adjacent
structures to be vacated and protect the public by appropriate
barricades or such other means as may be necessary and for
this purpose may close a private or public right-of-way. The
Building Inspector shall cause to be posted at each entrance to
such premises, building or structure a notice stating, "This
building [or "premises", if applicable) is unsafe and its use or
occupancy has been prohibited by the Building Inspector."
Such notice shal remain posted until the required
rehabilitation, repairs are made or demolition is completed. It
shall be unlawful for any person, firm or corporation or their
agents or other persons to remove such notice without written
permission of the Building Inspector or for any person to enter
the building except for the purpose of making the required
repairs or the demolition thereof.
8. Section 90-9 I Costs and expenses)
All costs and expenses incurred by the Town of Southold in
connection with any proceeding or any work done to remove the
danger or in connection with the demolition and removal of any
such building or structure shall be assessed against the-land on
which such building or structure is located, and a statement of
such expenses shall be presented to the owner of the property,
or if the owner cannot be ascertained or located, then such
statement shall be posted in a conspicuous place on the
premises. Such assessment sha l be and constitute a lien upon
396
MARCH 26, 1991
such land. If the owner shall fail to pay such expenses within
ten (10) days after the statement is presented or posted, a
legal action may be brought to collec~ such assessment or to
foreclose such lien. As an alternative to the maintenance of
any such action, the Building Inspector may file a certificate
of the actual expenses incurred as aforesaid, together with a
statement identifying the property in connection with which the
expenses were incurred and the owner thereof, with the
assessors who shall, in the preparation of the next assessment
roll. assess such amount upon such property. Such amount
shall be included in the evy against such property, shall
constitute a lien and shall be collected and enforced in the
same manner, by the same proceedings, at the same time and
under the same penalties as is provided by law for the
collection and enforcement of real property taxes in the Town of
Southold.
I1. This Local Law shall take effect upon its filing with the Secretary
of State.
15,-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson;
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVIS(~°, HARRIS: Number 16, a "Local Law in Relation to Zoning Use Regula-
tions'', the Town Board will hold off, and deliberate on that, and go through the
comments that they've received tonight. The third public hearing "Local Law
in Relation to Off Street Parking Regulations". Would you like to move that?
17.-Moved by Councilman Penny, seconded by Councilman Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 26th day of February, 1991, a proposed Local Law No. 6 - 1991 entitled, "A
Local Law in Relation to Off Street Parking Regulations"; and
WHEREAS, a public hearing was held on this Local Law on the 26th day of March,
1991, at which time all interested persons were given an opportunity to be heard
thereon; now, therefore, be it
RESOLVED that Local Law No. 6 - 1991 be enacted as follows:
Local Law No. 6 - 1991
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:
I. 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 State.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The next public hearing is a "Local Law in Relation to
Open Storage". Do you want to move that resolution?
18.-Moved by Councilman Penny, seconded b~/ Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 26th day of February, 1991, a proposed Local Law No. 7 - 1991 entitled, "A
Local Law in Relation to Open Storage"; and
WHEREAS, a public hearing was held on this Local Law on the 26th day of March,
1991, at which time all interested persons were given an opportunity ~o be heard
thereon; now, therefore, be it
RESOLVED that Local Law No. 7 - 1991 be enacted as follows:
LOCAL LAW NO. 7- 1991
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.
II. This Local Law shall take effect upon its filing with the Secretary of State.
MARCH 26, 1991
397
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
CouncilwOman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The next Local Law is a "Local Law in Relation to Require-
ments for Fire Lanes".
19.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 26th day of February, 1991, a proposed Local Law No. 8 - 1991 entitled, "A
Local Law in Relation to Requirements for Fire Lanes"; and
WHEREAS, a public hearing was held on this Local Law on the 26th day of March,
1991, at which time all interested persons were given an opportunity to be heard
thereon; now, therefore, be it
RESOLVED that Local Law No. 8 - 1991 be enacted as follows:
LOCAL LAW NO. 8 - 1991
A Local 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 fro access and fire lanes) is
hereby amended by adding thereto a new subsection (C) to read
as follows:
C. Fire Lane Standards for all lots improved with a
building or structure.
1. Surface free from potholes, ruts and other defects.
2. Up to fifteen (15) feet in width and up to fifteen
(15) feet in height subject to approval by Building
Inspector for Residential Structures.
11. This Local Law shall take effect upon its filing with the Secretary of State.
COUNCILMAN WICKHAM: No. I oppose this, and I'd like to make a statement.
I support the idea of adequate access for fire trucks to reach all homes in the
town. I understand that fire departments have not been able to get adequate
access along a number of private driveways in the town, and I think the Town
Board could do more than it has to help the fire departments in this need. We
could certainly publicize the need. We could promote compliance with it. With
the fire department request, we could even send joint letters together with the
fire departments to offending parties. But, I do not believe this proposed Law
is a good one. Why do we require fifteen feet height clearance While the Mattituck
railway underpass on Route 25 is only 12 feet high? I might add when the State
legal requirement is 11½ feet for trucks, why do we require fifteen feet width
clearance when site plan requirements are now only 12 feet for small subdivisions?
Will all private driveways be rigorously held up to this requirement? If so, there
are very few private driveways of the Town, which will not need a great deal
of work. If not, which ones will be selected? What will be the criterion on which
certain driveways will be required to be cleared to fifteen feet by fifteen feet?
Indeed, how do we know which private roads will be held to these standards and
which will not? These are all questions, that I've repeatedly tried to have
answered, but have not had a satisfactory response from the Board. At a time,
when the Town has rightfully stood up, and fouqht well meaning, but poorly
thought out mandates put down upon us by the ~tate and County governments,
I do not think we in Town government should be attempting to pass similar
burdens on to our residents, and taxpayers. Thank you.
19.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Counciman Wickham.
This resolution was declared duly ADOPTED.
COUNCILMAN PENNY: I would like to make a comment, also, that the requirement
is not fifteen feet in width, and fifteen in height. It's up to, in both cases, subject
to the approval of the Building Inspector on a recommendation from the Fire
Commissioner.
COUNCILMAN WICKHAM: .Up to what?
COUNCILMAN PENNY: Up to fifteen feet, and it's not going to be neccessarily
held to that standard. It's up to the discretion of the Building Inspector, as
established in the New York State Executive Law. So whether we had this in
our Law or not, and we're only putting it in here, so people can clearly reach
this, and have an understanding of What's going on here. These standards could
be enforced by the Building Inspector at any time. This is strictly put in for
clarification pu. rposes. I vote yes. Thank you.
3 9 8M^R H ,9,1
SUPERVISOR HARRIS: I, also, would like to make a comment, that this Local
Law change, that we have here, has come to us from the Commissioners within
all the~lfire districts in Southold Town. These Commissioners have grave concerns,
when i~ comes to the welfare, and safety of the residents. Those districts are
the responsibility for fire apparatus to help and accessitate vehicles to pass through
safely, in order to get to any emergency. I think the fact that the Commissioners
as a whole have come to this Board asking for help, these are all the Commissioners
from all the fire departments, obviously there must be problems that exist now
within each district of the enforcement of this, or else they wouldn't have come,
and asked for our help to further benefit the safety and the welfare of those
individuals that allow within their respective districts. Yes, I vote yes on this.
SUPERVISOR HARRIS: The last public hearing, a "Local Law in Relation to Guest
Landfill Permits".
20.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 12th day of March, 1991, a proposed Local Law No. 9 - 1991 entitled, "A Local
Law in Relation to Guest Landfill Permits"; and
WHEREAS, a public hearing was held on this Local Law on the 26th day of March,
1991, at which time all interested persons were given an opportunity to be heard
thereon; now, therefore, be it
RESOLVED that Local Law No. 9 - 1991 be enacted as follows:
LOCAL LAW NO. 9 - 1991
A Local law in Relation to Guest 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-L~[A)(3) (Fees) is hereby amended to read as follows:
e
Guest landfill permit: For noncommercial vehicles of less
than one-ton capacity owned by a guest of a resident in
the Town of Southold and transporting only household
refuse, provided that such vehicle displays a valid guest
landfill permit issued in accordance with the following:
ao
A guest landfill permit shall be issued by the Town
Clerk or a person designated by her to all persons
who are qualified residents of,the Town of Southold,
as defined in Section 48-4(A)(1) hereof, for use by
guests temporarily residing in the dwelling of such
resident. A resident applying for a guest andfill
permit shall present an application in affidavit form,
signed by the applicant the setting forth:
The location of the property to be occupied by
the guests.
2. The names and permanent addresses of the guests.
3. The length of time of the guest occupancy.
Upon a determination by the Town Clerk, or person
designated by her, that the applicant is entitled to a
guest 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 affix'ed to the vehicle in the same manner as
provided in Section 48-4(A)(1 )(c) hereof.
The fee for the issuance of a guest landfill permit
shall be twenty-five dollars ($25.)
MARCH 26, 1991
399
SeCtiOn L~8-4(A)(4) s hereby amended to read as follows:
Per-load fee of two dollars ($2.) for each noncommercial
vehicles of less than one-ton capacity which possesses no
permit.
3. Section ~8-L~(A}(5) 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.
U~. Section L~8-4(A)(6) 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.
Section L~8-~(A)(7) is hereby amended to read as follows:
AnnUal fee of fifty dollars (S50.) for each commercial
contractor's vehicle of less than one-ton maximum gross
vehicle weight.
6. Section L~8-L~(A)(8) 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 ~8-~(A)(9) 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 L~8-~(A)(10) 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)(11) 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
ca pacity.
10. Section 48-41A)(12) 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)(13) is hereby adopted to read as follows:
Annual fee of five hundred dollars 15500.) for each
commercial contractor's double-axle and/or tractor-trailer
combination of more than one-ton capacity.
Il. This Local Law shall take effect upon its filing with the Secretary
of State.
-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: If there's no further comments, I'd like to have a motion
to adjourn. (No response.)
Moved by Councilwoman Oliva, seconded by Councilman Wickham, it was
RESOLVED that the Town Board be and hereby is adjourned at 9:25 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.