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HomeMy WebLinkAboutTB-04/23/1991414 SOUTHOLD TOWN BOARD APRIL 23, 1991 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV (10:45 A.M.), Councilwoman Ruth D. Oliva, Councilwoman Ellen M. L~tson, Councilman Thomas H. Wickham (9:50 A.M.), Assistant Town Attorney M~tthew G. Kiernan, Town Clerk Judith T. Terry. 9:30 A.M. -- North Fork Housinq Alliance, Inc. representatives - Bessie E. Swann, Executive ~rector, Beverly Hallock, President, and Dr. Betty Price, Director, met with the To~vn Board to seek a closer cooperative relationship between the Town and the Alliance. Also in attendance: Greenport Village Mayor William Pell and Community Development Administrator William Gillooly, and Southold Town Community Developm~,t Administator James McMahon. Mrs. Swann said the declining economy is putting more and more Southold Town ~esidents, including the Village of Greenport ~esidents, at ris[~ of losing homes. It is crucial to find effective means to prevent or alleviate the ~rdships experienced by our community residents. They have disc;overed that the sr~[ reductien' of $30,000 in program funding has hampered their ab~l~[ty to deploy staFdi¢ in the most efficient way amount major programs. Mrs. Swann suggested there ~ight be government and private resources where joint application by the Town a~d the Alliance might p, rove more persuasive than by either entity ~long. Mr. tv,icM~on advised that there is, in the 1991 Community Development Budget, a~ ~imum of ~50,000 available to aid in staffing or other needed services. The ~'o~'~n and ¥7~)J~age will work with the Housing Alliance in a cooperative effort on l~ssible options and possiblity developing new approaches to dealinG with the social o~t~cerns. 10:05 A.M. - Greenport Village May-or Pell 'met briefly with the Town Board to advise the Town Board that ~e will be r~eting wit?~ the DEC the ~ext day to discuss the proposed Scavenger ~/aste Treatment I~Jant improvemertts. ~e submitted a preliminary management plan that is currently being '~mpleme~ted at the plant. EXECUTIVE SESSION 10:~5 A.M. - On motion of Councilwoman Latson, seconded by Councilman Wickham,, it was Resolved that the Town Board enter into Executive Session, Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilwoman Oliva, Councilwoman Latson, Councilman Wickham, Also present: Assistant Town Attorney Kiernan and Town Clerk Terry. The Board discussed personnel, and police con- tract grievance (see resolution no. 20), 10::~5 A.M. - For Discussion Items: (1) Reappointment of Frederick Ross and Ricb~ard Ryan to the Southold To,wn Open Space Committee (see resolution r~o. 27), (2) Set time and date for a hearing with regard to a police contract grieve;rice. (see reso~ution no, 20). ~3) Request for street light at the end of Indiar~ Neck Lane and the public beach. Peconic. The re:quest will be referred to Police Chief Droskoski for an assessment of the area ~nd a report on incidents over the past year ~vith regard to t~ne site. (4) Appointment of t~¥o ne~v members to the Landmark Preservation C;ommiss~o~ (see re.solution no. 21). (S!j Resolution )[no. 22). t~ authorize the Town Clerk to readYertise for bids for bulkhead repair and replace~ent at Klipp P~¢, Gull Pond, Gree~nport, ~hen the new specifications are prepared. (6) Discussion with respect to recently adopted Local Law No. 10- 1991, "A Local Law in Relation to Zoning Use Regulations" (]Home Occupations). Councilwoman Oliva suggested adding occupations of people who do business in their home through the use of a computer and fax machine. Councilman Penny agreed that there should be consideration given to expanding the occupations - perhaps adding a home office definition. The Board will discuss these again at the May 7th work session. Councilman Penny asked Assistant Town Attorney Kiernan to distribute to the Town Board copies of Chapter 12 of the New York State Zoning Law -,Anderson on Zoning which addresses home occupations. (7) Letter from the Suffolk County Vietnam 'Veterans Memorial Commission requesting a donation of $1,767.00 from Southold Town for the memorial construction funding. Unfortunately, ~,:fficient funds are not available in the current budget, but will should monies become available the Board would be happy to make the contribution. (8) Request from Mark L. Rollins, Sr. to place vending machines throughout the Town, labelling the machines "Sponsored by Southold Town Senior Center". The Board will meet with Mr. Rollins at their May 7th work session to discuss this further. (9) Proposed agreement between Southold Town and Shelter Island Town for shipments of recycled .household batteries (see resolution no. 23). (10) Discussion relative to filling the vacancies on several committees created by the resignation of Robert Villa. Supervisor Harris would like to talk to Mr. Villa before acce~oting his resignations. (11) Request from Councilman Wickham for an appropriation to advertise the three upcoming public information meetings on financing the costs of the garbage mandates (see resolution no. 24). (12) Discussed the need fo~- test borings at the Landfill with respect to the location of the proposed transfer station (see resolution no. 25)~. (13) Request from the Planning Board to send Planner Melissa Spiro to a conference (see resolution no. 26). (14) Letter to Community Development Administrator James McMahon from the NYS-DEC with respect to his request to place stockpiled sand from Goldsmith Inlet, Peconic, on Kenny's Beach, Southold. The DEC believes it is unlikely that Suffolk County will proceed with that dredging project this year. The Board asked Mr. McMahon to request permission for an addendum to the SUffolk County Permit for Goldsmith Inlet with respect to the dredged sand, and also request DEC permission to remove the concrete debris at Kenny's Beach. EXECUTIVE SESSION 11:55 A.M. - On motion of Councilwoman Oliva, seconded by Councilman Wickham, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson, Councilman Wickham. Also present: Assistant Town Attorney Kiernan, Town Clerk Terry.--The Board met with Principal Building Inspector Lessard to discuss possible litigation matters.--Following that meeting, the Board discussed possible purchase of property, litigation, and contract negotiations. 12:30 P.M. - The Town Board audited outstanding bills. 1:00 P.M. - Work Session adjourned. 416 REGULAR MEETING A Regular Meetin9 of the Southold Town Board was held on Tuesday, April 23, 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 Assistant Town Attorney Matthew G. Kiernan SUPERVISOR HARRIS: We'd like to welcome you all to the Town Board meeting this evening, and at this time, I need a motion to approve the audit of the bills of April 23, 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 $85,192.32; General Fund, Part Town bitls in the amount of $53,799.67; Nutrition Fund bills in the amount of $7,355.72; Adult Day Car Program bills in the amount of $100.00; SNAP Program bills in the amount of $2,509.9t; Highway Fund, Whole Town bills in the amount of $6,445.19; Highway Fund, Part Town bills in the amount of $5,691.24; Gull Pond Bulkhead Repairs bills in the amount of $489.79;Landfill Sand Capita[ Fund bills in the amount of $195.92; Hydrogeolic Landfill Study bills in'the amount of $1,959.17; Open Space Capital-Fund bills in the amount of $8,142.78; Waterfront Revitalization bills in the amount of $195.92; Fuel Tanks and Police Building bills in the amount of $195.92; Employee Health Benefit Plan bills in the amount of $23,924.75; Fishers Island Ferry District bills in the amount of $30,243.72; West Creek Estates Road Improvement bills in the amount of $156.73; Southold Wastewater District bills in the:amount of $18,750.00; Fishers Island Sewer District bills in the amount of $303:30; Southotd Agency & Trust bills in the amount of $4,617.49; Fishers Island Ferry District bills in the amount of $155.23. 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-needa:motion to approve the minutes of the Board meeting of April 9, 1991. -- Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the minutes of the April 9, 1991, regular Town Board meeting be and..bereby 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: I need a motion for the next Board meeting on May 7, 1991, at 4:00 o'clock P.M. Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the next recjular meeting of the Southold Town Board will be held at 4:00 P.M., Tuesday, May 7, 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. I. REPORTS. 1. Supervisor's Monthly Budget Report for the month ending March 31, 1991. 2. Supervisor's Monthly Budget Report for March, 1991, with Summary Expenditures by Department. 3. Southold Town Board of Trustee's Monthly Report for March, 1991. 4. Councilmen's Reports. 5. Supervisor's Report. APRIL 23, 1991 417 II. PUBLIC NOTICES. 1. New York State Assembly, Standing Committee on Commerce, Industry and Economic Development, Standing Committee on Racing and Wagering. Notice of Public Hearinc~ in regard to establishment of a video lottery system in New York State, Tuesday, April 30, 1991, 10:00 A.M., Hearing Room C, Legislative Office Building, Albany, New York. 2. Public Statement hearing on the storm response plans of Rochester Gas and Electric Corporation, Niagara Mohawk Power Corporation, New York State Electric & Gas Corporation, Rochester Telephone Corporation, New York Telephone Company, Continental Telephone Company, Ogden Telephone Company and Seneca- Gorham Telephone Company. 3. U.S. Army Corpsrof Engineers, New York District, Public Notice of Nationwide Permit Program Reauthorization published April 10, 1991, expires: June 9, 1991. Ill. COMMUNICATIONS. None. IV. PUBLIC HEARINGS. None. V. RESOLUTIONS. SUPERVISOR HARRIS: At this time is there any members of the audience, that would like to address this Town Board on any resolution, that we'll be enacted tonight? (No response.) Hearing none, we'll start the resolutions. 1.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the application of Anthony J. Marshall, President of Bouton Services, for renewal of his watchmen/office trailer permit, for trailer located on his property at the corner of Fox and Crescent Avenues, Fishers Island, New York, which permit expired on February 6, 1991, be and hereby is cjranted for a six (6) month period. 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 Penny, seconded by Councilwoman Oliva, it was RESQLVED that the application of Ange and Barbara Boursiquot for renewal of their single family house trailer permit, for trailer located on a private road off of the north side of Main Road, Mattituck, which permit expires on May 4, 1991, be and hereby is granted for a six (6) month period. 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 Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Accountant. John Cushman and Data Control Supervisor Jeanne Ruland to attend the IBM AS/400 Technical Announcement at the IBM Customer Center at Jericho, New York, on April 22, 1991, from 9:00 A.M. to 12:00 'P.M., and the use of a Town vehicle for transportation, and meal expenses shall be a legal charge against the Accounting Department's Contractual Expenses, 1991 Budget. 3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Senior Bay Constable Donald Dzenkowski to attend an On-Scene Coordinator (OSC)/ Regional Response Team (RRT) Pollution Response Training Exercise, sponsored by the U.S. Coast Guard, at the U.S. Coast Guard Academy, New London, Connecticut, from 8:00 A.M. to 4:00 P.M., on Thursday, April 25, 1991, and a debriefing from 8:30 A.M. to 11:00 A.M. on Friday, April 26, 1991, and the use of a Town vehicle, and the necessary expenses for one (1) night lodging, and food and travel expenses shall be a legal charge against the Bay Constable's 1991 Budget. 4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. APRIL 23, 1991 5.-Moved by Councilman Latson, seconded by Justice Edwards, it ~as RESOLVED that the Town Board of the Town of Southold hereby appoints Samuel Smith as an EISEP Aide, effective April 15, 1991, at a salary of $5.50 per hour for up to 20 hours per week. 5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 6.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinq budget modification to the General Fund - Whole Town 1991 Budget to appropriate funds for production of the 350th Celebration videos: To: A7550.4 Celebrations, Contractual Expenses $ 5,400.00 From: A1910.4 Contingent, Contractual Expenses $ 5,400.00 6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Lat~son, Councilwoman Oliva, Council~aan Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Oak Street Truckin,g, Cutchogue, in the amount of $3.78 per yard, for supplying 10,000 yards of soil, more or less, for covering purposes for the Southold Town Landfill, all in accordance with the bid specifications. 7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman OIiva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Suburban Security & Investigation Ac~ency, Inc., Smithtonw, in the amount of $1,107.00, for the purchase of two (2) used 1985 4-door Plymouth Police Vehicles in as-is condition. 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. 9.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Mark A. Hawkins as a part-time custodial worker for the Southold Town Nutrition Center to replace David Corwin, effective immediately, 17-1/2 house per week, $7.00 per hour. 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 Councilman Wickham, 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 the purchase of 1,000 Tons, more or less as may be needed, of Sand Mix Asphalt, furnished and applied. 10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11 .-Moved by Councilwoman Oliva, 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 an Annual Contract to furnish and place Asphalt Concrete within the Town of Southold, as may be required, all in accordance with the bid specifications. 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 Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of 5,000 linear feet of Snow Fence with pickets, in 100 linear foot rolls (more or less as may be needed), and 500 - 6 ft. studded steel "T" Posts (more or less as may be needed) for the Superintendent of Highways. 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. APRIL 23, 1991 41 9 13.-M0ved by Councilwoman Latson, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for summer employees, namely Lifeguards, Beach Attendants, Water Safety Instructors, and Playground Instructors; said charge to made to A7180.4, Beaches, Contractual Expenses. 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 Councilwoman Latson, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Laura Worthington as an Aide in the Senior Adult Day Care Program, effective April 17, 1991, at a salary of $5.00 per hour, 20 hours per week. 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. 15.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department of Transportation to conduct a traffic survey at the intersection of County Route 48 and Horton Lane, Southold, for the purpose of determining the need for additional safety precautions at that site. 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. 16.~Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $5.38 to Mary F. Scott, which sum represents the fee for a Resident Vehicle Beach Parking Permit for 1991, which Mrs. Scott will be enable to use as she has sold her home in Southold and will not be using the Town Beaches this year. 16.-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: Resolution #17 in regard to resignations of Robert A. Villa will be held. 18.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the deed from the North Fork Housincj Alliance, Inc. transferring the 50 ft. private road located south of Soundview Avenue, Southold, in the five lot affordable housing project subdivision to the Town of Southold; said road is bounded and described as follows: BEGINNING at a point on the southwesterly line of a 50' Private Road, said point and place of beginning being South 44 degrees 48 minutes 20 seconds East a distance of 430.33 feet from a point formed by the intersect'ion of the southeasterly line of Sound View Avenue with the southwesterly line of said Private Road; RUNNING THENCE along the southwesterly line of said Private Road South 44 degrees 48 minutes 20 seconds East a distance of 100.00 feet to a point and the beginning of a curve to the left having a radius of 25.00 feet, and connecting the southwesterly line of said Private Road with the southeaterly line of Great Pond Way; THENCE along said curve to tile left in a westerly direction a distance of 39.27 feet to a point; THENCE South 45 degrees 11 minutes 40 seconds West along the southeasterly line of Great Pond Way a distance of 253.77 feet to a point and the beginning of a curve to the left having a radius of 15.00 feet; THENCE along said curve to the left a distance of 23.52 feet to a point and the beginning of a cul de sac; THENCE along said cul de sac having a radius of 50.00 feet in southerly, westerly and northerly direction a distance of 213.07 feet to a point and the beginning of a curve to the right; THENCE along said curve to the right having a radius of 200.00 feet and along the northwesterly line of Great Pond Way a distance of 89.63 feet; THENCE North 45 degrees 11 minutes 40 seconds East a distance of 253.77 feet to a point and the beginning of a curve to the left; THENCE along said curve to the left having a radius of 25.00 feet a distance of 39.27 feet to the point or place of BEGINNING. The above described land is hereby dedicated for the purpose of a public road. 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. 42-0 APRIL 23, 1991 19.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the followincj amendments to Chapter A106, Subdivision of Land of the Code of the Town of Southold, all in accordance with the recommendation of the Southold Town Planning Board following a public hearing held by them on said amendments on April 22, 1991: 1. Section A106-21(A) (Sketch Plan) is hereby amended by adding thereto two new subsections 1 and 2 to read as follows: (1) All applications for sketch plan approval for a minor subdivision shall be accompanied by a fee of five hundred dollars ($500.) per lot, together with an inspection fee of one thousand dollars ($1,000.). (2) All applications for sketch plan approval for a major subdivision filed with the Town Clerk shall be accompanied by a fee of one thousand dollars ($1,000.) plus one hundred dollars ($100.) per acre, or part thereof, in the proposed subdivision. An inspection fee equal to six percent (6%) of the amount of the approved performance bond must be paid after approval of the bond amount by the Town Board and before final approval of the plat. 2. Section A106-22(A) (Application and fee) is hereby amended to read: Application. 3. Section A106-22(A)(2) of the Code of the Town of Southold is hereby deleted in its entirety. 4. Section A106-23(A) (Application and fee) is hereby amended to read: Application. 5. Section A106-23(A)(2) of the Code of the Town of Southold is hereby deleted in its entirety. 19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:30 P.M., Tuesday, May 7, 1991, Southold Town Hall, Main Road, Southold, New York, as time and place for a hearing with regard to a Police Contract Grievance: Squad Assignments and Choice of RDO's. 20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Ba¥1ey as a member of the Southold Town Landmark Preservation Commission, effective April 23, 1991 through April 5, 1992; AND Barbara C. Fertig as a member of the Southold Town Landmark Preservation Commission, effective April 23, 1991 through Apri 5, 1993, they to serve in said positions with compensation. 21.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-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 readvertise for bids for bulkhead repair and replace- ment at Klipp Park, Gull Pond, Greenport, all in accordance with the drawings and specifications prepared by James A. Richter, RA. 22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an intermunicipal agreement with the Town of Shelter Island to share shipping costs of recycled household batteries, all in accordance with the agreement as approved by the Town Attorney. 23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 421 APRIL 23, 1991 24.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appropriates a sum, not to exceed $600.00, to advertise for three informational meetings on financing the costs of the garbage mandates, those meetings to be held by the Solid Waste Management Task Force in Orient on April 30, 1991, in Mattituck on May 2, 1991, and in Greenport on May 9, 1991. 24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Com- missioner of Public Works Raymond L. Jacobs to seek proposals for test borings at the Southold Town Landfill site, Cutchogue, with respect to the proposed location of a transfer station. 25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Planner Melissa Spiro to attend a "Model Subdivision Regulations" workshop, sponsored by the American Institute of Certified Planners, a division of the American Planning Association, on June 13 and 14, 1991, at Baltimore, Maryland, and the necessary expenses for registration, travel, meals and lodging shall be a legal charge against the Planning Board's 1991 Budget. 26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints Frederick Ross and Richard C. Ryan as members of the Southold Town Open Space Committee, effective May 4; 1991 through May 4, 1993, tfiey to seYve in said postions without compensation. 27.-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: This ends our regular portion of the Town Board meeting, as it pertains to resolutions, and legislation. At this time, I'd like to go out to the audience for any members of the audience, that would like to address this Board on any concern, that they feel may be important for us to have an under- standing of. DOROTHY PHILLIPS: My name is Dorothy Phillips. I would like to make a state- ment, a ioint statement, for the Greenport-Southold Chamber of Commerce, Southold TaxPac, Riverhead-Southold League of Women Voters, North Fork Environmental Council, and South01d 2000. Home Occupation Amendment, We, the undersigned organizations, wish to express our deep disappointment with the process by which the Southold Town Board recently passed the new home occupations amendment. In it's unseemly haste to get this law on the books, the Town Board acted in a manner utterly inconsistent with its responsibilities to the electorate, to the best interests of Southold Town, and to the princ!ples of open and democratic government. As drafted and passed by the Town Board, the law is a thoroughly inadequate response to a complex public issue. The large number of concerns and questions raised at the public hearing on the proposed law on March 26, clearly indicated that the proposal needed further study, discussion, and drafting. In fact, members of the Town Board, led by Supervisor Harris, left the clear impression that the proposed law would receive further study, and that citizens' questions would be looked into and answered. Nearly everyone present assumed that the Legislative Committee would take up the proposal one more time. Instead, the identical proposal was added to the Town Board's agenda at the very last minute before its meeting on April 9. What public purpose could poossibly have been served by not informing the public that such a controversial proposal was about to be voted on? Instead of serving the public interest, Town Board members succeeded in subverting the democratic process, in avoiding the questions raised at the public hearing, and in abrogating their responsibilities to answer the public's questions. We respectfully call upon the Town Board members to honor the principles of open government and democratic process by immediately rescindincj the resolutions passing the home occupation law until further public hearings I~ave addressed, and answered, the many legitimate concerns raised at the public hearing, and that the resulting law or amendment is fair, equitable and consistent. I would, also, like to read a copy of a letter, that I wrote to the Board. This is a letter that I wrote to the Board expressing my feelings on the subiect. I'm not speaking for any organization at the moment. I'm speaking for myself on good government. The passage on April 9 of Local Law in Relation to Zoning Use Regula- tions amended the Chapter 100 of the Code of the Town of Southold, exposes the willingness of our elected officials to service special interests. This amendment permits small tradespeople to operate businesses from their home. It further states that gathering produce of the seas, stowing nets, boats, and gear, mending nets, and sale of produce so gathered constitute legitimate home occupation. At the ~r~ublic hearing on this proposed amendment, March 26, the Town Board listened "to the comments of the realtors, who felt strongly that produce of the sea busi- nesses would devalue property, and make it difficult for them to sell. Realtors would be required to reveal the produce of tile sea addition to the Code. A Zone Code, that provides for these small businessmen. At the same time protecting the right of property owners would make sense. Why not use variances and negotiate with neighbors on problem situations? Why write amendments ~into a Zoning Code which give special benefits to some? Why encourage an atmosphere in which the little guy feels that his rights are subordinate to the new guys in town? Why not rewrite the Zoning Code? The conduct of this Board in passing this resolution is questionable. Board members were aware, that the amendment was incorrectly printed in the legal ad section of the Suffolk Times. The Watchman printed in correctly. The ad should have, this is value judgement of mine, the ad should have reprinted in The Suffolk Times, and the newspaper should have acknowledged the error. There should have been a second hearing. The Town Board should also be held responsible for the fact, that only five days passed. I assume that's your legal standards between the printing of the ad, and the date of the public hearing. There is no better way to push through legislation, than to keep the community in the dark. What have the Board members gained? They gained, of course, the gratitude and votes of those who benefited from their actions, but can we trust Board members to act fairly, hopefully in the future? Sadly, I can no-~. I would, also, like to say that when you are aware that the amendment, the legal ad were incorrect in The Suffolk Times, you had...you were legally correct in publishing them. You were responsible that they were published. You were probably not responsible for the error in the Times, but if that's how you became involved in an ethical situation, should you have informed the people, who were unable to make sense out of that ad, and I think it's something that you have to ask yourself. Thank you. SUPERVISOR HARRIS: Thank you. Are there any other members of the audience that would like to address this Board on any issue? Yes? MARGERY BURNS: My name is Margery Burns. Dickinson Realty. To the Southold Town Board, with home occupations now allowed to run rampant in Southold Town, there is no zoning. The Town has spent over ten years developing the Master Plan, and it has been totally underlined in a few short weeks. My business property is now worth considerable less than it was before this law was enacted. Why should anyone have to maintain business property when for virtually no addition cost most businesses can be run from any house? I understand there are over 11,000 residential properties in the town. Have any but a small percentage of those owners had an opportunity to understand what's happening, and to voice their opposition? Residential properties are in great danger of devaluation, with a possibility of a cottage industry putting up next door, with large trucks, signs, smells, and all the other accompaning nuisances. I thought the Supervisor and the To~vn Board were elected to serve the best interests of the town, and not to serve them- selves, as it appears in this case. I say repel the law. SUPERVISOR HARRIS: Thank you. Is there any other member of the audience, that would like to address this Board on any issue? JOSEPH RISTUCCIA: '¢1y name is Joe Ristuccia. I'm a citizen of Southold. I'm also a representative of TaxPac, Regarding the home occupation amendment, I'm going to ask that this Board rescind this. While we concern ourselves at TaxPac with taxpayer's issues, we're also concerned with the impact it has on the total community. One of the things that we observe is the fact that this is a force polarization. We see that the Board unanimously passed this resolution so swiftly, and so completely, at such a fast pace, that it was manipulative. We would like you to rescind it, because I think it requires a great deal of discussion, simply because this is an issue, that nas such far reaching implications, that for the next several generations, it could wind up, that this town could go down the drain. We love to share traditions, that we have in this community. Many of us weren't born here. We came out here, because it was a beautiful place to live, and perhaps even being as the last place that we're going to be. We like this ^..,' ,..,423 town very much, and we don't want to see it torn apart, and we don't want to see it go down the drain by some of the things, that have been happening here lately. Let me be more specific. I think the Board should represent everyone, the tradespeople, the taxpayers, all different groups. I think you did a disservice to the tradespeople, simply because you created a controversy, and from this controversy now, they're not going to get a fair hearing on their position. I don't want to see them driven out of this town. I think they have a place here, because all of us need tradespeople, and they have to live here, but I think it could be done in a different way. The way it was done, when you're going to allow trucks, and signs, I mean I'm talking about 25 foot trucks, and signs on lawns, I think you're going to start to bring the image of this town down. I think all of us don't want to see that. I don't think you want to see it either. One of things, that we want to do is to keep the traditions the way they are. I think that's a word that was used by the Board. That you want to maintain the traditions. I think you have to step backward. I think things were going pretty good. The reason is because the way it was going with the laws, that were in town, we applied the discretion. In other words, if there was~a man, who was working out of his home, he discreetly left his things in the garage. He discreetly did not park his car where it would be unsightly. You didn't see this town go down the drain, but now I think it's an opportunity for abuse. I really want to prevent that from happening. I've been approached by a lot of different people in this town, who are saying, what in heavens is happening? When you put this in combination of other things that are happening here, you've got to be very careful. Namely, the activities the Town officials are taking, discussing regarding the farm preservation, where you're going to have cluster homes, and the town will become a landlord. That could be dangerous. There's been a lot of controversy surrounding that. When you put this in combination with, say, a dollar a bag, trucking of garbage, and we don't have the bad news in today's newspaper? When you start putting that in combination with the occupation law, the zoning aspect, and now a buck a bag garbage, because last Sunday I took my dad to the supermarket to do some shopping, King Kullen. I parked next to two garbage bags, that somebody had dropped, or fell off his truck, but is this the beginning of what's going to happen? I think we've got to be vigilante. We don't want to see this town go backwards. We want to see it go forward, and I think this Board owes it to this community to open up to rescind this law, and open up discussion and have a lengthy discussion, so they can come up with the right kind of future for this town. I love this town, and I want to stay here. I think everybody else does, too. I think if we all discuss it, and come up with the right kind of combination, I think we can reach for it. Thank you. SUPERVISOR HARRIS: Thank you. Yes? Would you come forward, please? BETTY BROWN: Good evening. My name is Betty Brown, and I'm President of the North Fork Environmental Council. [iust have a few short comments. The draft of the home occupation amendment leaves much to be desired. Any questions continue to go unaddressed. The Environmental Council wonders what the planning steps were that proceeded this amendment? Did the Board carefully study, and consult with experts before voting on this resolution? Was this amendment adopted upon the advice of a professional planner, who studied it thoroughly? Were there extensive hearings, and meetings, with public groups before determining what the law, that the laws were equitable, consistent, and in keeping with your zoning code? We fear none of the above. We fear much of this amendment was based on conjecture. Ladies and gentlemen of the Board, perhaps you are unaware. You have cheated the public out of the public process. We ask you this evening to rescind this resolution. You have an opportunity to right that wrong. We would like to get back into the process. Thank you. SUPERVISOR HARRIS: Thank you. Is there any other member of the audience that would like to address this Board on any concern that they may have? RICH CAGGIANO: My name is Rich Caggiano. I live in Southold. Good intentions do not make good laws. Let me be clear, that I support the intent of this amend- ment, however, the amendment, as written, is poorly drafted, poorly worded, discriminatory, and :in the opinion of at least one lawyer, could be successfully challenged in a court of law. So, what is even more disturbing, is the way in which you adopted this amendment, with total disregard to the questions, concerns, and testimony, not only of your own Planning Board, but of also, the numberous citizens, and organizations of this town, who took the time and effort to appear before the Board at a public hearing on March 26, and within a legal limit of five days put on short notice, and as mentioned earlier, with a discrepancy in the paper, as to what it was, and what it was all about. But, they did come, and they did speak. I'll ask a couple of rhetorical questions, and I really don't APRIL 23, 1991 expect you to answer them, or not. Does this Board [}ossess a greater wisdom than the citizens of this town, who elected them? Why hold the public hearing if you have no intention of addressing the questions, and concerns, raised at that hearing? Are there special interests being served by this amendment, at the expense of the general good of the whole town? Why was the resolution passing this amendment literally placed on the last Town Board agenda minutes before the 4:00 P.M. meeting? Why is the Town Board afraid of free and open discussion of this amendment? Why wouldn't you address the concerns of the people of this town? To ire is human, and God knows we all make mistakes. Admit you made a mistake. Rescind this amendment. Send it back to committee, and listen to the people. Thank you. SUPERVISOR HARRIS: Any other members of the audience, that would like to address this Board on any concern, they may have? (No response.) If not, is there any member of the Board, that would like to make a statement on any issue? COUNCILWOMAN LATSON: I'd like to thank and congratulate the members, who have come out, and spoken regarding their feelings ~vith this law this evening. I am perfectly willing to have this law go back to committee, and to review it, and to address the concerns, that have been raised here. I, also, think the Town Board, we will direct the building inspector to very carefully scrutinize all existing businesses for any violation in the law, that the Town Board has passed, and to go back to committee, as t said, put this back on the agenda, and take all the concerns, that have been raised this evening. COUNCILWOMAN OLIVA: I had had this on for discussion earlier today, with some questions that I had, and I do believe that there is going to be some further information given us, and I hope this will be taken back to the committee and let everybody's views be known on a couple of other things, such as expanding it. For instance, how about the people that have computers, and a desk, perhaps reviewing the whole definition of home professional office, and I was assured by the other members of the Board that other information be forthcoming, and perhaps we can again address it in Legislative Committee. Can I iust make one other comment? I was very pleased last Friday afternoon to attend an assembly at the Mattituck Grade School, Mattituck-Cutchogue Grade School in Mattituck, where our Educational Re:ycling Committee had been working with the second, third and fourth graders, and it was headed by Molly Brown, who is out in the audience here, who has done such a tremendous job, herself, and her fourteen voluteers. They went into the classrooms. They gave a hands-on approach to teaching children how to recyle, how to do a compost heap, what to look for as far as hazardous waste is concerned, and these kids and their teachers got together and put on one of the most delightful programs of recycling, that I've ever seen. It was just one of the most charming affairs, and I do thank Molly, because she is the one that really headed it. I'd like a round of applause for her. COUNCILMAN PENNY: There's been some comments. There's been some allegations. There's been some charges. There's been some nasty words, that have gone around about this proposal in the law, and I'd like to know that.. everybody to know that the motivation behind this law was not..there was no motivation for anybody's personal interest. We looked at the whole interest of the town in general, and that's what our job is. We're elected to do that. We brought up today, the comments, Once again there were comments raised at the public hearing on both sides of the spectrum. Some wanted to shut the law down completely. Some wanted to open it up even more broadly, and the Town Board choose at this time to digest those comments further, but they thought they were doing a disservice to the tradespeople, and to the baymen, who have been working actively with us in committee for over six months to get to the point, that we have gotten, and that if any of these other groups which came up at the last minute, and some of them are regarding home businesses, which is a different catagory than home professionals, and the situation with real estate brokers has been singu, la,.rytreated differently by the courts, and by the ZBA, and by Zoning in almost every town around. There is justification for singling out those people because, and we use the term today, or I use the term today, when we discussed this once again, into how to bring this about again, is that real estate brokers and insurance agents are not treated as quote, unquote, as professionals in a legal term by the courts. We did not make this up. This is something that has evolved over the years, and the difference is in the licensing situation between the two. One comes from the New York State Education Department. The other one come from the Department of State. Anderson's on zoning, when it addresses home occupation very clearly points out that there are differences, and that they ,have been treated differently for years. So, when people make charges that we've been discriminatory, we followed precedent, which is the way good la~s are established. You follow the precedents, that have been established through time, APRIL 23, 1991 425 and through the court system, and through planning. I encourac~e the Town Board to read, there's some twenty pages, in Anderson's on Zoning. There's nothing unique in what the Town of Southold has done. This law allows us to include some, and exclude others. Home businesses is a section, which was brought to us at the very last minute. Uniquely, that was brought to us by the Chamber of Commerce, who has received meeting notices for these meetings, when we first started talking about this in September, yet for some reason choose not attend and represent their constituents. We would have been happy to represent anybody who had brought, or to bring in anybody that had any request at this time to deal with the Legislative Committee, who probably met no less than s~x or eight times. This was not in secret. There was no skulduggery here. This was re- ported four or five different times, and in different ways by the local papers as we make progress, and went along. So, there was no secret that the Town of Southold was working on this. I received no communications from any of these groups as to where we were coming from, and where we were going, and the groups that did attend were the groups that were invited by us, which included the Chamber of Commerce, who covers a broad spectrum of people, that we did not address in the Code at this time. The door is not shut on this. There is no way that we can duck this issue, and we don't intend to. We choose at the public hearing to do what we've done at several public hearings. We digested the comments made by the public. Once we had a chance to read them, we addressed them 'n the work session, which unfortunately nobody was here for. This was not put on the agenda at the last minute. It was a for discussion item on the printed agenda, and was probably there at least two days before the meeting. So there is not skulduggery going on here. We are operating. This is an open government. It has always been an open government, and it will always be an open government, and we will discuss this further two weeks from now, and if anybody wants to come in to the Town Board work session, which is where these discussions will take place, you will see that this Town Board does not work in the closet. We're not changing our procedures. We didn't change our procedures, and we didn't supersede any procedures to put this law in place, and I'm sorry that people object to it, but if your objections are well known to us, unfortunately we see a group, that is united right now, that operated on two separate side of the spectrum. One part of this group said that we should shut the thing down completely. The other side of the group said we should open it up, so I'm getting mixed emotions about which side of that spectrum we're supposed to be listening to. So, we will go back once again to the public hearing comments, and remind you, that what we're dealing with in this case, and it's addressed in Anderson, is home businesses, or I'm sorry, home business office, home professional office, and then there was a question, that came up on selling from the premises, and that is allowed by baymen alone, and we'll be very happy to discuss those issues openly, directly with the pUblic, and anybody else that has any questions on it. Thank you. ROLAND PHILLIPS: Roland Phillips. George, you mentioned that this had been under discussion by the Board for six months? COUNCILMAN PENNY: It started in September. ROLAND PHILLIPS: Was there any public notice of this prior discussion? COUNCILMAN PENNY: Judy, who gets the public notices for the Legislative Committee meeting? TOWN CLERK TERRY: All the local newspapers give notice, at least on the inside of page two of all the meetings coming for the Town Board, or any Committee of the Town Board, or any subcommittee, and many of them have agendas. The Chamber gets the agendas, as do (tape change). COUNCILMAN PENNY: It was in the meeting notice, which we give to the local press. We give it to the local press. We give it to the local radio station. The first meeting, I believe, was on 9/30/90 on the Home Occupation section. ROLAND PHILLIPS: So that would be in some document we could research. TOWN CLERK TERRY: Certainly. It's 'n my office. SUPERVISOR HARRIS: I'd like to make a couple of comments. First of all, for the last ten to fifteen years this Town Board has advertised public hearings in exactly the same manner as took place with this public hearing. There has been absolutely no change. Judy can attest to it. Since she's been Town Clerk, which is been for at least, I hate to say how many years, but at least fifteen, or sixteen years, the Town has done the same, the same advertisement is put in both papers. An advertisement is a public hearing notice. If there is a mistake in it, the Town is not responsible for that legal mistake. That is why we put in two papers. However, the notice that is given to those papers has been the same year after year, after year, as I said, for at least fifteen years. This procedure has not changed, has not deviated at all. The same existed for this public hearing, t just want to put that on the record, that that has been the same procedure. No change has taken place. TOWN CLERK TERRY: ~ould just like to add that, I believe it was the last February meeting of the Town Board, that this was on the Town Board agenda, and it was referred to the Planning Board at that time, and the entire text was the subject of the resolution. COUNCILMAN WICKHAM: I would iust say that, I share many of the concerns, that have been raised tonight, and were raised at the hearing, particularly the concerns about the process that the Board used, and I'have expressed some of those reservations with the Board. But, like the rest of the .Board I thought the merits of the proposal outweighed some of the questions, about the process. I don't think there's a will on the part of the Board tonight to rescind-it, to be quite frank with you. I do think that there is an important place for vigilance in the application of this new law. I think, at least speaking for myself, nobody really knows exactly the impact that this law is going to have on the Town of Southold. We've heard tonight expressions of concern. I share some of those concerns, but there are also logical reasons that the measure is designed to address, and I think many of us share some of those objectives, too. I think to be honest and objective about it, we don't really know, nobody really knows the impact that this measure is going to have on the town. Let's, speaking for myself, I'm prepared to go forward with it, as it has gone forward, but to watch it carefully, and to bring to the attention of the Board those areas where the measure creates mischief, or difficulty, and to address those issues, and if neccessary to revise the measure at that time. Thank you. SUPERVISOR HARRIS: Thank you, Tom. Ellen, did you have a committee report? COUNCILWOMAN LATSON: I just wanted to give a brief report on some of the committee work we've been involved with in the past two weeks, and as many of you know, or read in the paper, we held an informational meeting on using open space and agricultural zones for the purpose of agriculture. As many of you know, who were involved with the Master Plan, the purpose of open space in agricultural zones, that were turned into subdivisions, was to maintain the agricuture in the area by clustering the subdivision. However, the Planning Board does not have all the tools neccessary to put this in place, hence the meetings. The overall response from the meeting was a positive one, however the question of the ownership of the open space needs further research by both the committee, and the Town Attorney's Office. We, also, held some informational meetings on financing garbage should our Landfill be closed. The Task Force reviewed many methods from taxing the tax base, which we will not be able to do this year, because the Budget has been set, and there isn't the appropriate funds in the Budget, to going to users fees, to bonding any costs that we may have. There was about twenty people at the afternoon and evening sessions, approximately, and after all the various alternatives were presented, the overwhelming majority favored the user fee, which the tax by the bag. As you noticed when we passed the resolution this evening, there will be meetings held in the hamlet. I just feel it's important to let the public know to come to these meetings, to get themselves informed, and to be able to express their opinions to the Town Board members, who are at these meetings, so that when we are faced with possible situation of having to finance our garbage disposal this year, that we will have the proper imput ahead of time. Also, we' are looking at the construction, poss be construction, of a transfer station down at the landfill, so that if the landfill is closed, and Scott will report i'm sure on the pFogress of the law suit, that we will have the proper facility in place. The last thing I'd tike to comment on, and let you know about, is that I attended along with Ruth at committee meeting, a fund raising community meeting, for the North Fork Housing Alliance who is sponsoring a Roof and Beam Ball on Saturday, June 1. The purpose of this is to raise additional monies to help finance any worthwhile programs from Home Assistance Rehabilitation to Aid to the Elderlys in maintain their own homes. Last year I attended, I think some of the Town Board member's were there, Scott was there, and it's a very nice evening where they serve you ribs, and some draft beer. They provide ent6rtainment. The tickets are $20.00 each, and it will help finance a very depleted budget that the North Fork Housing Alliance, who services all the town, is dealing with. Thank you. APRIL 23, 1991 427 SUPERVISOR HARRIS: Just to expand a little bit on Councilwoman Latson said, the North Fork Housing Alliance came in today, and they are asking for help. Apparently the funding has been drying up in many grants that they have received. The North Fork Housing deals throughout the whole Town of Southold. The majority now of the people, that they are helping, are outside of the Incorporated Village of Greenport. We were given a set of statistics today, which was, I thing certainly, informational to the Town Board members to see exactly what people and where in the Township it's being serviced by this organization. So, we on the Board, are goi~g to do all we can to help this organization continue in the efforts, that it's put forth for the people in the this town, those who are destitute, and those who have had problems, especially in these economic times. COUNCILWOMAN OLIVA: Ellen and I are going to be looking for an alternate site for a satellite office for Bessie someplace west of Greenport, so they can service those people that are in Southold, Mattituck, Cutchogue, because it is really very definitely needed. DOROTHY PHILLIPS: Mr. Harris, I feel that we have been spoken to by the Board here. Informed that we are incompetent, that we are not watchdogs, that' we don't read the newspapers, that we don't go to the meetings, we don't accept invitations to come to public meetings. I think that's unneccessary, because this group of people here represent people who are truly concerned about this. 1 would like to ask you, that you consider our request to rescind this law, poll the Board, and let us know what you are going to do, so that we can know what we are going to do. SUPERVISOR HARRIS: Mrs. Phillips, many statements were made tonight as far as publications go, legal notices. My comment was directed towards those comments to clarify that position, that nothing has changed in the procedure that the Town operates in, when it comes to public hearings, and publications of legal notices for those public hearings. That was what my statement referred to. DOROTHY PHILLIPS: What about our requests to rescind this taw? I asked that you poll the Board, and find out what is going to happen. SUPERVISOR HARRIS: The Board today in this work session took this up, Mrs. Phillips, and it was unanimous decision today, that this law is going to stay in place. We discussed it in the work session, and we're going to see how this law works for the next six months. If in that time period we see that there's problems in certain areas. Home occupation is not new. It has been in the Code for years. If areas have concerns, do become apparent to this Board, as was mentioned earlier by members of this Board, we will address them at that time, make amendments that are needed to serve the taxpayers of this town. COUNCILWOMAN OLIVA: But, Scott, we did say that in two weeks, and I think George just said, in two weeks that we address certain conditions, and that we would be happy for imput to come to the work session of the Town Board, get the agend-a, and will be on for discussion. There are certain things, that have posed that we will discuss. DOROTHY PHILLIPS: What will be the purpose of this further discussion? Do you intend to change the law? Do you intend to rescind it? COUNCILWOMAN OLIVA: That will be discussed at that time. SUPERVISOR HARRIS: One of the things, Mrs. Phillips, and I just want to say one thing. There is a definition in the Code, that the Board felt today, in this discussion should be added. Definition of, I think, it's called home business office, should be reconsidered. One of the things we'll be talking about in two weeks. COUNCILMAN PENNY: One of the questions, and I believe that you raised it on behalf of the Leagues of Women Voters, was why.., l'm referring to the comments about the realtors. I don't have the copy of the public meeting here. The comments on why the realtors excluded. The League of Woman Voters, I believe, felt that we were purposeful, and discriminatory in leaving realtors out of this. I believe that that was their major objection to the law. I'm going from memory, because I don't have the minutes in front of me, but I believe that that issue was raised by the League of Women Voters. Mrs. Phillips, if I could just make my point. We're not here for a debate. Ne,'<t week we are going to discuss what we felt were the highlights of this, and most of the people, that were here at the public hearing were concerned about the fact that businesses had been excluded for whatever purpose, and it was not clear to them, and a public hearing is not the place to try to explain when you're sitting there getting imput from the public. We had gone over, and over this in our own work session, but we had not had a chance to discuss this with the public. So, the home business office concept which was raised by the Chambers of Commerce, the fact that we excluded realtors was raised by, let me use the term, many individuals, and there were some other concerns, and one was the fact that we were doing anything at all, and that we decided that we would take the home business office proposal, and the home pro- fessional office proposal, and discuss them further at the next week's meeting. That's what we're trying to do. ASSISTANT TOWN ATTORNEY KIERNAN: Mrs. Phillips, if I could just make a __ brief statement. I believe what you're asking the Board to do, or Scott to do anyway, is to take a poll of the Board now, to see if they're willing to repell the law, and what the Board did two weeks ago was to pass a change, an amendment, to the local law, and in doing that they had to advertise, and in changing it as you suggest tonight, they would need to advertise in the same way. So in response to your question, then there could really be no action by the Board tonight. There's no notice. There's no advertising, but I think the Board has said that they would consider it in two weeks. BETTY JESSUP: I'm just a home owner, but I have a question. Betty Jessup. If the home business law goes into effect, does that mean we're not going to have any strictly residential areas? SUPERVISOR HARRIS: I think there's obviously a lot of misconception about what this home occupation is, and isn't all about, and that certainly afterwards we can address that concern, and we'll be glad to tell you exactly what or what isn't going to be in residential areas. It certainly is not going to be commercial opera- tions working in these areas. That's not what this is all about at all. FRANK CAPI'ETO: I'm just home owner, too. I would just like to make a comment on Mr. Wickham's observation, that at this point you don't know what's going to happen. I can refer him to two neighborhoods in Florida, where I spend my time in the wintertime, and he can see for himself what's happening when you allow businesses to go into residential neighborhoods. First specifically is Key Biscayne where they won't allow that, and where I spend three months, and then I refer to Kimball in South Miami' where they do allow. When you go to South Miami in the Kimball area were they allow what you're proposing here, it looks like you're going through a business district. It didn't start out that way. It's just as he says, they're going to monitor it. Well, they said the same thing there. They're going to monitor it. Now you go by the street, the whole neighborhood has deter~oratec] but the neighborhood in Key Biscayne is strictly residential, and you'll see the difference that Mr. Wickham does not know about now. SUPERVISOR HARRIS: Sir, before you sit down, this law that has been amended, home occupation, doesn't allow any manufacturer, or anything in that area. The home occupation only allows the person, who has a business, certain businesses, one person, one truck, to have an office, and that's all they're allowed to have in the home. No manufacture, no storage of product, and so on, are allowed on the premises. This is all very clear, and it certainly is in the Code. The intent here is to keep the little person in this town, who is a one person operation, or two people at the most, with one truck, to be able to operate out of their house as an office only, and the rest of the operation is done on premises where their work is. By no means is this condoning or allowing any commercial operation at all in any residential area. FRANK CAPITTO: I just want to make another comment by saying that the amount of trucks in these areas that I'm referring to, I can give you the addresses in South Miami. All these trucks that are parked there make the area look far different, and the residential sections, for example Nassau Point where I live, or Key Biscayne were I spend my winters, the residential area is changed completely~ JO SEPH RISTUCCIA: I'm surprised. I really am. Mr. Wickham, you're a farmer, and there's an old saying, you'd better close the barn door before you let the horse out. What this gentleman here said, I think holds true. I think you'd better close that barn door, because the people are going to speak around here. They don't like it. I think you railroaded this thing through. I see there's some people on the Board here a little bit queasy~ about it. They really wanted it. I think you better look at it again. I think you're saying that in two weeks you're going to look at it? SUPERVISOR HARRIS: In two weeks, at the next Town Board meeting, there's going to be other areas of home occupation. APRIL 23, 1991 429 JOSEPH RISTUCCIA: I think you'd better rescind it, because people don't like it, and I think what's been said here is a lot of BS. SUPERVISOR HARRIS: Mr. Ristuccia, the Board is not going to be in a dispute tonight with any member of the audience. JOSEPH RISTUCCIA: What I'm saying is what people are upset about it, and I don't know if you heard that. Maybe you're insulated up there. SUPERVISOR HARRIS: Mr. Ristuccia, what we heard from is the people in the small businesses, they're very thankful that we're allowing them to stay in business, and not driving them out of town. JOSEPH RISTUCCIA: I agree with that. I said to you in my other statement, that I agree that we have to let people have an accommodation but you don't want that accommodation to be abused, and the way this particular'change in;the law was made is that it's going to open that door, and as some people feel,'and they are afraid. They're afraid that this town is going to deteriorate. Now, this happens to be the only town in Suffolk County, that has this kind of a, law. You really have to wonder, what was the motivation? What I really question is, it was six unanimous votes, and it was done so quickly, we didn't know what the heck happened. SUPERVISOR HARRIS: Mr. Ristuccia, you're entitled to your opinion, what you thought was quickly, or whether it wasn't. JOSEPH RISTUCCIA: What I'm saying, Scott, is let's have democracy have it's chance. SUPERVISOR HARRIS: The Town Board today in it's work session, again, discussed as Ruth mentioned, home occupation, and I will, again, repeat that in the six month period this Town Board is going to totally review the amendment that has been made, the home occupation. If they feel at that time that this amendment has not worked for the betterment of the community, this Town Board will certainly repeal what has been put in place. There's no doubt about that. JOSEPH RISTUCCIA: You know rather than go down that road where you're going to have some deterioration, and l've already seen it. Okay? I think you ought to look at the thing before the problem develops. I think prevention is better than correction. Thank you. SUPERVISOR HARRIS: Thank you. RICHARD CAGGIANO: I just have a few comments I'd like to add. I didn't plan on saying this, but since you brought it up, the putting it in for six months, and then change it. It sounds very similar to about 1988, 89, when the Master Plan was passed. This is not cast in stone. Let's pass it now, and change it later. Well, you know what happened to the Master Plan. SUPERVISOR HARRIS: The Master Plan was seven years in it's duration. It was seven years, the Master Plan went on for. Don't make it sound like it was two years. It was seven years. RICHARD CAGGIANO: I said when it was passed in 1988, 1989. That's not the point. 'George, you're absolutely right. The Chamber does get an agenda for the Legislative Committee meetings. Unfortunately, and as you know, the Chamber is a voluntary organization. We have members who do this on their free time, and we do have people assigned to attend Legislative. John Berryman being one. We had George Wetmore, who unfortunately resigned from the Chamber, so we have a vacancy there, and unfortunately we can't make all the meetings that are held. We work for a living. We have families to take care of. Unfortunately, that's the name of the game. We do try to do the best we can, and I think under the circumstances we do pretty well. Same is true of the public hearings, and the work session here. Those are held during the day, and again, most of us work for a living during the day. You can't quit your job to come here to make a comment. I'm sure you can appreciate that. You mentioned, also, about the coalition here seems to coming from different directions. The purpose of this coalition tonight was one purpose. We all agree that it was passed without the proper, or adequate public discussion. That was what this coalition was saying tonight, and if you misinterpreted what Dorothy had read, that's what the correct definition is. We're not coming from different directions in terms of that purpose. The purpose is we oppose the fact that it was passed without taking into regard the discussions that were held at the pubic hearing. That's really the purpose of that coalition, not that we're coming from different directions. To repeat what Joe said earlier, you had mentioned we had done nothing, that has not been done in other places. Well, according to Arthur Kunz, whose the Suffolk County Planning Director, there is no town in Suffolk County that allows tradesmen. None. Zero. Not one town in Suffolk County. COUNCILMAN PENNY: Is that bad? RICHARD CAGGIANO: I'm not saying it's very good. COUNCILMAN PENNY: Then why are you bringing it up? tradesmen shou d not have been included? Do you feel that the RICHARD CAGGIANO: Absolutely not. If you listen to my statement, I said the intent of the law is fine. The way we have to restrict and modify it, so it doesn't exclude people, and puts the proper restrictions on people wino are allowed to work out of their homes, so the place doesn't become a commercial area; I just wanted to make that comment. COUNCILMAN PENNY: We spoke on every one of these restrictions, every one of these inclusions, and every one of these exclusions, and we spoke about this through the whoe committee deliberation process. It's very tough to reiterate to the public on demand discussions that happened in six months of work sessions. The scrutiny that went into this by the Planning Board, who did not object to the law. They wanted to point out that there was a difference in what we were doing. It was very clear what we were doing. The Planning Board did not object to the law. RICHARD CAGGIANO: I don't believe anyone said they did. COUNCILMAN PENNY: It was mentioned tonight,over the objections of the Planning Board. The Planning Board members, two of them sat on the committee. Two ZBA members sat on the committee. A minimum of two Town Board members were at every one of the meetings, and of course, members of the Commerce and Industry Committee who received all their notices, whether or not they attended. We brought in different groups on request to answer different problems, and all of this was addressed. It's very tough to capsulate all of this into a synopsis. When you ~ome in' and tell us that we've shortcut this system, or that we've done something after we spent six months, and I can give you the dates of every one of these meetings, and the agendas of everyone of these meetings, but to turn around and accuse of us of shortcutting a system, when we've worked on something for six months, not under closed doors, when it was reported in the press, when we openly invited people like yourself to attend these meetings, and represent your constituents, we felt we covered the issue. But, when we were advised we didn't cover the issue, we took some of the more general comments that came in front of us, which was the exclusion of, why did we exclude the computer operators? Why did we exclude the small guy doing electronics repairs? Why did we exclude real estate brokers? Why did we exclude insurance agents? Rich, in all honesty, your case was brought to us, not by yourself, but by somebody else. The fact that how can an insurance broker operate out of his house? Your name was clearly discussed at this meeting, and I realize that this is catching you a little off guard, but your case was discussed, and it fell under the broad scene of professionals, and what is a professional, and what is not professional as upheld by the courts of this state, and we refer back to past practice of the ZBA. We refer back to the minutes of the..when Marion King made her application, and I'll read them to you. We include all this. I said all this, and right away, I was accused, by yourself in the paper of blowing a lot of smoke, and I think it appeared in the front page of The Suffolk Times. Let me just read you the Marion King decision. Okay? Marion King was a real estate broker, that applied for this.. RICHARD CAGGIANO: I don't think you need to read it. You feel you do. COUNCLIMAN PENNY: But there was a precedent. There were precedents here, Richard, and we deal on precedents. That a strip along the west side of the Main Road in Southold between Tuckers Lane and Ackerly Pond Lane be rezoned residential office to allow professional, or real estate office, or investment broker offices, either as a principle use, or as an accessory use, 'n conjunction with existing residential use for the following reasons. One, there are reasons..this is recommendations on rezoning, this was 1985, Au joust 22, there are residents using conjunction with, or without, residential uses existing in this vicinity, that have been existing since prior to the enactment of zoning 'n 1957, and another having received a use variance after meeting criterion set by the courts. Two, APRIL 23, 1991 4:3 1 the existing structures, which are substantial in size are more likely suitable to accomodate an office, that in conjunction with existin9 single family residential use. Three, allowing a professional, or real estate, or investment office as an accessory use in conjunction use in conjunction with present residential use of these structures would encourage aesthetical surroundings, and this is talking about puttin9 them in a residential office. The present zonin9 district already permits those usage listed in the RO district, excepting professional offices as a principle use in business offices, and restaurants. It was, also, noted a home occupation as an accessory use in all districts, except LI, IO, includes professional .offices, and amends the definition of professional office to include real estate brokers, and similar occupations. Precedents had been set by the courts, and prior decisions of this Board, that real estate brokers are not deemed professional, whether it is an accessory use, or otherwise. We referred back to data and background, so that we weren't going to upset zoning, that we weren't overthrowing a zone, which was created specifically for a purpose. It's very tough, when I read in tile papers, and I try to quote this to a reporter in the paper, and the response is from the President of the Chamher of Commerce, on the front page o~f, paper, that's a lot of smoke. I really don't know how to respond to it anymore. No matter what we do somebodys going to f.ind something wron9 with it, and we're going to try to realistically respond to these one at a time, but we can't incapsulate this in five minutes to everybody's satisfaction. The point I raise about some people thinkin9 it was 9ood, my understandin9 was the Chamber of Commerce supported the issue with the exception of the fact it excuded some small businesses, which are known as home business office, and excluded real estate brokers from home professionals. On the other side of the spectrum, Frank Flynn didn't want the thing opened up at all. The NFEC wanted tradesmen excluded, and I believe, and I"m probably 9oin9 to be corrected again by the League of Women Voters, that their comments were mainly directed to real estate brokers, and ~¥e are trying to, and we will go back over the minutes of those public hearing, because that's the data that we have to deal with, and we will review them. I don't know how we can do any different. RICHARD CAGGIANO: In light of all those comments, why didn't you discuss them with the people that made the comments prior to passing the law? It 9oes back to the earlier statement that closed the barn door before the horse is out. You passed a law, and now you say let's 90 back and review it. Why not take in those comments that were made at the public hearing, which is all we're asking to do, and discuss it with the people who made the comments, and then go to the public. COUNCILMAN PENNY: We discussed everyone of those comments, and we had at our work session time set aside. We sat down as a Board. We addressed this. It was on for discussion item. Had anybody been here at the public meeting, there was nothing hidden. It was on the agenda probably at least a minimum of... it was on there as a for' discussion item. If this is such a hot issue, we meet every Tuesday, ever other Tuesday. Everybody in the world knows that. COUNCILWOMAN LATSON: I think rather that putting, that was here, in defensive position on this, that the public, or the people present here tonight feel that tile law was passed hastily. Whether the Town Board agrees, or individuals agree or not, it's our job to respond to the public's, concerns. As Chairman of the Legislative Committee, George sets the agenda. When we spoke today, he has agreed to take it up in Legislative Committee, again, and relook at it. We're all willing to relook at it once again, several times is it's necessary, and Scott will put it back on the agenda in two weeks. I can see from the comments, that perhaps there are several errors in the law, several things that have to be addressed, several things that have to be done to assure people that residential zones are not going to be changed into a commercial zone. I think when we're all in public office, that we have to be open 'to criticism. That's our job, because we wouldn't have taken it the first place, so rather get into an incredible debate with every individual member of the audience in defending the law, I think, I for one am willing to look, and say, perhaps we passed it too hastily, and look at it again immediately. RICHARD CAGGIANO: I just want to make one comment about insurance agents. I am an insurance agent. There is a decision by the Supreme Court in the State of New York, that holds insurance agents in the same professional standards as doctors, lawyers, etc., so in terms of the eyes of the .State Supreme Court of the State of New York, insurance people are professionals in terms of court cases, and litigation, and those sort of thin9s. So, just because, I know what Anderson says that, but just to let you know that the Supreme Court says insurance agents are professionals. COUNCILMAN PENNY: Would you forward that to Lis, please? 43:? APRIL 23, 1991 RICHARD CAGGIANO: Jeffrey gave you a copy of that at the last meeting, the public hearing. SUPERVISOR HARRIS: Is there any other member of the audience, that has any- thing else add? BETTY BROWN: Betty Brown. [ just want to ask a question. ~/ill you take it up with the Zoning and Planning, Legislative Committee? COUNCILMAN PENNY: Tile Town Board. It's not going on the Legislative agenda until the Town Board has decided what direction it would like to take. It would be at the Town Board meeting. BETTY BROWN: If we come to the Town F~oard meeting, how do we participate? COUNCILWOMAN OLIVA: Come to the work session. BETTY BROWN: Then you're going to be taking it up at the work session? COUNCILWOMAN LATSON: In both papers, and I know inside The Suffolk Times, on the inside cover of the front page every edition, each weekly addition there's a whole itinerary printed of all the meetings that are held at the Town Hall for the week. The Legislative Comn~ittees are always held on Thursday night. It would say Legislative Committee, Southold Town Hall Meeting Room, 7:30 P.M., on which ever Thursday it falls on. BETTY BROWN: I didn't realize that you were taking it to the committee. SUPERVISOR HARRIS: It would be on the Town Board first. Is there anyone else, who would like to speak? (No response.) Can we entertain a motion to adjourn? Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board meeting by and hereby is adjourned at 8:50 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. Judith T. Terry ' Southold Town Clerk