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HomeMy WebLinkAboutTB-04/05/1994 21 © SOUTHOLD TOWN BOARD APRI L 5, 1994 WORK SESSION Present: Supervisor Thomas Wickham, Councilman Joseph J . Lizewski, Councilwoman Alice J. Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva, Justice Louisa P. Evans, Town Clerk . Judith T. Terry, Town Attorney Laury L. Dowd. 9:00 A.M. - - The Town Board- held a hearing pursuant to Chapter 90 (Unsafe Buildings) of the Southold 'Town Code with regard to the premises owned by the Estate of Marjorie F. Straussner, 450 main Street, Greenport (SCTM#1000-34-3-21) . Building Inspector Gary Fish testified in this matter. See resolution no. 47 for the Town Board's decision. 9:25 A.M. - Mary Mulcahy Jackson met with the Town Board to present them with a draft of "Waste Watch", the first edition of a solid. waste information publication of the Town. The cost will be approximately $1 ,800, which includes layout and design, printing (on 100% recycled paper) and folding, and postage. - After review, the Board asked Ms. Jackson to streamline it somewhat, and bring back the revision on April 19th. 9:45 A.M. - Discussion on the bid specifications for disposal of solid waste. Councilwoman Hussie has. been working on this project with Solid Waste Task Force members Cremers and Romeril. Several options for the term of the contract were discussed, as well as the possibility of an intermunicipal agreement with other towns. It was finally agreed that the term would be three years, with two one year extensions. The first year guaranteed, and years two and three would be subject to . a six month escape clause - only if an intermunicipal agreement were agreed upon. There would be- no escape clause in years four and five. Councilwoman Hussie will take the proposal back to her committee. 11.:30 A.M. - Supervisor Wickham and Justice Evans discussed the feasibility report recently received from Fagan Engineers for the closure of the Fishers Island Metal Dump. The discussion on this subject was somewhat brief as Fagan is in the process of redrafting. chapter three to address the question of whether groundwater monitoring is .,important on environmental protection grounds, and to provide a clearer recommendation of one or more scenarios based on technical and cost considerations. 10:40 A.M. - Solid Waste Coordinator James Bunchuck made a presentation to the Town Board on the Fagan Engineers review of the Dvirka & Bartilucci Transfer Station plans. Fagan submitted a draft revision which appears would be less costly, and more efficient for .unloading municipal solid waste and recyclables. However, were Fagan to redesign the plan, and submit it to the DEC for 360 approval, there would be considerable costs. At the conclusion of the discussion, it was agreed that the Fagan proposal would be submitted to D€B to determine the feasibility of their redesigning the facility in accordance with Fagan's recommendations. 11 :10 A.M. - Supervisor Wickham reported that he and Town Attorney Dowd met recently with representatives of the Shelter Island Town Board, who are anxious to -join with Southold Town for the removal of municipal solid waste and recyclables. - Councilwoman Hussie made the point that taking MSW from .Shelter Island would pose an additional liability to the, Town Board, however, the entire Board agreed the request from Shelter Island should be explored, as long as Shelter Island is. responsible for the expense. - 10:30 A.M. - Recess. APRIL 5, 1994 2 1 1 ti 11 :45 A.M. - Councilwoman Hussie led a discussion on Board procedures'. Supervisor Wickham said he would like to have a meeting of the Board just to discuss committee structures. He would also like a joint meeting in the near future between the Southold Town Board and the new Greenport Village Board. 12:15 P.M. :- Councilwoman Hussie brought before the Board the question of offering medical benefits to additional Town officials, provided they pay the premium. Numerous questions arose, and it was agreed Lawrence Healthcare, the Town's administrator of health benefits, should be consulted with regard to their experience in matters of this kind, before going any further. 12:30 P.M. - Brief discussion on the possible creation of a Parks Department and employment of a new employee, possibly a laborer. Supervisor Wickham will set up a meeting to discuss this further with the Personnel Committee.---interviews have been scheduled for April 12th for Assistant Cook, Land Preservation Committee, and part- time Clerk Typist for, the Board of Appeals. 12.:50 P.M. - Recess for lunch. 2:05 P.M. - Discussion of proposed "Local Law in ' Relation to Sidewalks" (see resolutions 23 E 24) ; proposed -"Local Law in in Relation to Accessory Buildings or Structures" (see resolutions 25 6 26) ; proposed "Local Law in Relation to Salvaging Centers" (see resolutions 27 6 28) ; proposed "Local Law in Relation to Recyclables" (see resolutions 29 E 30) .---Authorized Van Tuyl . Land Surveyors to prepare descriptions and maps for proposed changes of zone on the Town Board's own motion (see resolution 31) .---The Town Board .. now addressed the proposed findings and commencing the lead agency coordination process for those parcels they propose to change from, Hamlet Density to R-80 Districts. The following resolutions were placed on the agenda: Nos. 32 E 33 .- Kace Realty Co. ; Nos. 34 8 35 -' John Geier E Another;, Nos. 36 : 6 37 - LBV Properties; Nos. 38 8 39 - San Simeon Retirement Community, Inc. ; Nos. 40 E 41 - John G. Siolas 8 Catherine Tsounis; Nos. 42 & 43 - Jem Realty Co. 3:35 P.M. - Neboysha . Brashich, .Margaret Brown, and Victor Brown, members. of the Stewardship . Task Force/North Fork Planning Conference Transportation Committee, met with the Town Board to discuss the creation of a Southold Town Transportation Committee. The proposed charge to the committee, and the number of members (9) and recommended areas of expertise, was discussed. Asa result of this discussion the Town Board placed resolution no 44 on the agenda. to create the Transportation Committee, appoint Brashich, Brown, Brown, and ,'Robert Bayley, And to give the charge to the Committee. The Board also placed a resolution on the agenda (no. 45) to advertise for resumes for five additional members. 4:05 P.M. - Supervisor Wickham reported that he had a discussion with Stephen Jones, Director of the Suffolk County Department of Planning, regarding funds for the acquisition of farmland development right sin the Town of Southold.' The County has earmarked $500,000 in support for acquisition in Southold Town, contingent upon Southold demonstrating our interest in the program. The Board discussed the possibility of placing another bond issue on the ballot in November, 1994 or 1995. There did not -seem to be any question it would go forward either this year or next, and Supervisor Wickham was asked to convey the Board's interest in the County's program to County Executive Gaffney. 4:15 P.M. - Councilwoman Oliva brought to the Town Board's attention the fact that the following recommendations of the Stewardship Task Force will be discussed at the April 12th Code Committee meeting: Accessory Uses in Wineries, and revisions to the Bed and Breakfast Ordinance/Country Inns. EXECUTIVE SESSION 4:25 P.M. - On motion of Supervisor Wickham, seconded by Councilwoman Hussie, it was Resolved that the Town Board enter into Executive Session to discuss litigation. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman .Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. 5;00 P.M. - The Town Board reviewed the resolutions to be voted on at the 7.:30 P.M. Regular Meeting. 5.:10 P.M. - Work Session adjourned. 212 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on April 5, • 1994, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Wickham opened the meeting at 7:30 P.M. with the Pledge--- of . Allegiance to the Flag. Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans k 9r 4e Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: Tonight's meeting we have some 50 resolutions to enact, and we have three public 'hearings to conduct around 8:00 o'clock. We'll begin at this time with a motion to approve the audit of bills of April 5th. Moved by Councilwoman' Oliva, seconded by Councilwoman Hussie, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $96.807.24; General Fund Part Town bills in the amount of $14,95.1 .10; Nutrition Fund bills in the amount of $1,845.56; • Home Aide Program bills in the amount of $222.92; SNAP Program bills in the amount of $157.50; EISEP Program bills in the amount of $43.00; Community Developement. Fund bills in the amount of $432.00; Highway Fund Whole Fund bills in the amount of $10,331 .74; Highway Fund Part Town bills in the amount of $2,765.70; Scavenger Waste Facility bills in . the amount of $6,062.23; Employee Health Benefit Plan bills in the amount of. ' $36,731.06; Fishers Island Ferry District bills in the amount of $22,504.38; Refuse and Garbage District bills in the amount of $37,409.36; Southold Agency 8 Trust bills in the amount of .$4,708.72; Fishers Island Ferry District Agency _8 Trust bills in the amount of $524.04. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, • Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: Approval of the minutes of March 22nd. Moved. by. Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the -minutes of the March 22, 1994, Town Board meeting be and hereby approved. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman , Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: And the next meeting. Moved by Jusitce Evans, seconded by Councilwoman Oliva, it was RESOLVED that the next regular meeting of the Southold Town Board will be at 4:30 P.M., Tuesday, March 22, 1994, at the Southold Town Hall, Southold New York. *Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR . WICKHAM: Our agenda, that you may all have. gotten copies of outside the door, there's a series of reports, that have been made available to the Board, and on the second page, a series of public notices, and listing of the public hearings for 8:00 o'clock. I. REPORTS. APRIL 5, 1994 213 1 . Southold Town Recreation Department Monthly Report for March, 1994. 2. Southold Town Supervisor's Monthly Budget Report ending December 31, 1994. 3. Southold Town Supervisor's Monthly Budget Report ending January 31, 1994. 4. Southold Town Supervisor's Monthly Budget Report. ending February 28, 1994. 5. Southold Town Program for the C�sabled March Events. 6. Southold Town Community Development Office Monthly Report for March, 1994. 7. Southold Town Justice Tedeschi Monthly Court Report for March, 1994. 8. Southold Town Building Inspector's Monthly Report for March, 1994. 9. Southold Town Clerk's Monthly Report for March, 1994. 10. Southold Town Justice Evans Monthly Report for March, 1994. 11. PUBLIC NOTICES. 1 . Corp of Army Engineers, New York District, application of Richard Burden to replace bulkhead and dredge with attendant backfill with subsequent upland disposal at James Creek, Great Peconic Bay at Mattituck, Town of Southold, Suffolk County, New York. Comments by April 18, 1994. 2. Corp of Army Engineers, New York District, application of Shamrock Oyster Company, for shellfish, cultivation in Southold Bay, Shelter Island Sound, Town of Southold, New York. Comments by April 28, 1994. 3. Southold Town Highway Department Spring Leaf and Brush Clean-up. III. COMMUNICATIONS. None IV. PUBLIC HEARINGS. 1. 8:00 P.M., a proposed "Local Law in Relation to Wetland Applications". 2. - 8:05 P:M., a proposed "Local Law in Relation to Mooring Permits". 3. 8:10 P.M., a proposed "Local Law in Relation to "'Landmark Preservation". V. RESOLUTIONS. SUPERVISOR WICKHAM: We're ready to embark. upon our resolutions for tonight, and I'll just remind the audience, that anyone who wishes can take this opportunity to address the Board on matter pertaining to these fifty some resolutions in five minutes or less. After the resolutions are finished, we will entertain any comments from the audience on any subject. Yes, sir? TOM SAMUELS: Tom Samuels from Southold. I notice a resolution here. I just wanted to question the Board about it. Resolved that the Town Board has authorized an exchange .of Code Books between the Town of Southold, and the Town of Easthampton. That's sort of a formal arrangement for the town to be embarking on. I'm aware that you can go to the Town of Easthampton, and buy the Code Book for, I think, it's two and a half bucks. It would seem to me that why we're doing this, because the Town of Easthampton has a reputation in my mind, having .dealt there for some time, as being extremely regulatory conscious, a great many regulations, some of which I follow with. I would like to think that this town is not embarking on a quest. Is there some explanation for an exchange of Code Books? What is that? SUPERVISOR WICKHAM: The exchange is basically to save money. we occasionally refer to other town's ordinances, and Codes, and 'rather than paying for their books, we've agreed to exchange them one of ours for one of theirs. They're actually interested in what we're over here. We also stand to .benefit from what some of the other towns are doing, so we agreed to exchange books, rather than shell out any money. COUNCILWOMAN OLIVA: We have them from Riverhead, and Southanpton. 214- APRIL. &i 1994 TOWN CLERK TERRY: Shelter Island just last month we got Shelter Island's. COUNCILMAN TOWNSEND: Tom, we're not planning to pull out theirs, -and stick it in ours, if you're concerned about that. TOM SAMUELS: Well, I had planned on addressing the Board after the ---resolutions were voted on, - on that very same matter, as a Southolder , purely. l want that understood. Not representing anybody else but myself, yes, that is a concern, Joe. I noticed, for example, in the Burger ,King thing, in which I have not taken a stand, and I'm not taking a stand now, that ,a great many Town Codes were researched, looking for definitions, etc.,' and understand the Town Attorney had great knowledge in California on this thing. It concerns me deeply that given the economic situation in the town,. etc., and I'll address that for you, as a Southolder purely, that we be very careful in adopting regulations, which may in fact be detrimental in some way to the town. I think we have to be very, very, very, careful, and that's why I come to Town Board meetings, as a citizen. I'm just making a point, that the Town of Easthampton has a reputation of being. very stringent on just about everything. Thank you. SUPERVISOR WICKHAM: A comment on one of the resolutions for tonight? FRANK CARLIN Frank Carlin. Item 10, road application for the Highway Superintendent, what are those items? SUPERVISOR WICKHAM: Polymer modified bituminous single course asphalt application, 50% liquid asphalt application with sand. The third one is liquid asphalt application with stone, and the fourth one is asphalt road material, grades RC-2 and MC-2. FRANK CARLIN: That's the mix for the road, right? SUPERVISOR WICKHAM: Various kinds of asphalt for the road surfacing. TOWN CLERK TERRY: Four separate bids, Frank. FRANK CARLIN: At the last Town Board meeting, you okayed 150,000.00 square feet of blacktop, right? Then there's another one here I don't quite understand, maybe you can help me out. As many years I've lived in Southold Town, over forty years, number 23 here, Sidewalks, it's effect on the environment, I don't understand why a sidewalk is going to have some kind of effect on the environment. I don't understand what you mean by this. Does sidewalks have an effect on the environment? SUPERVISOR WICKHAM: The Town Board is considering tonight a resolution to change the Town Code as pertains .to sidewalk. Anytime we change the Code. of:the Town, or wish to change the Code of the Town of Southold, we need to assess whether there will be any environmental impact to what we're doing, and. that resolution basically pertains to whatever environment impact we will have in undertaking this question about sidewalks. It's a proferment requirement, that's basically in connection with the SEQRA, State Environmental Quality Review Act. FRANK CARLIN: I've lived in this town for over forty years, and I've come to many Board meetings, and I never seen these last four months so many changes in zonings, and everything, like this going here, you know. Every time I look at a resolution it's something about changing a Zoning Law, changing this or that, ,you .know. SUPERVISOR WICKHAM: Thank you, Frank. Any other comments about our resolutions for this evening? (No response. ) Would someone like to begin with .the first resolution? Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the ,Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for Solid Waste Hauling and Disposal Services, to begin on July 10, 1994. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor-.,Wickham. This resolution was duly ADOPTED. APRIL 5 1994 + 5 . 2.4vioved by Councilman Lizewski, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of. Southold hereby authorizes the exchange. of Code Books between the Town of Southold and the Town of East Hampton. 2.Vote of the Town Board:. Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, - Supervisor Wickham. This resolution was duly ADOPTED. 3.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RE__SOLVED that the Town Board of the Town of Southold hereby authorizes a_ refund of $528.35 to Samuels & Steelman Architects, which sum represents a duplicate payment for a building permit for Barbara Reiter & others. 3.-Vote of. the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 4.-Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town 'Board of the Town of Southold hereby accepts and approves the following hourly rate schedule of Smith, Finkelstein, Lundberg, Isles and Yakaboski,the law firm. that represents the Town .of Southold on the Landfill Litigation: Partners - $150 per hour; Associates - $100 per hour; Legal Assistants - $80 per hour; and be it FURTHER RESOLVED that the Town of_:Southold shall also be responsible for billed expenses incurred, which include court costs, process server fees, investigator fees, expert witness fees for both reports and court appearances, deposition costs, messenger services, mileage, photocopying costs, telephone toll charges, facsimile transmittals, postage , and any other necessary expenses. 4.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 5.-Moved by Justice Evans, seconded by Councilwoman Oliva, WHEREAS, the Town Board of the Town of Southold has asked the Stewardship Task Force to plan and hold Hamlet Meetings on April 9, 1994; and WHEREAS; the success of these meetings will be dependent upon participation by large numbers of Southold Town residents; now, therefore, be it RESOLVED that the Town Board hereby authorizes up to $7,700.00 of support for publicity and meeting arrangement, all in accordance with the Stewardship Task Force's proposal, and chargeable to the Kaplan Grant. 5.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman. Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 6.-Moved by Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund - Whole Town for-the Goldsmith's Inlet dredging and beach sand replenishment project: To: A1620.4' Beaches, Contractual Expenses $ 4,000.00 From: A7110.1 Parks, Personal Services $ 4,000.00 6.-Vote of 'the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 7.-Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund-Part-Town to transfer appropriation for Lessard settlement: To: B1420.4 Town Attorney, Contractual Expenses $ 22,000.00 From: 1 V A-PRIL 5, -1994 B3620.1 Safety Inspection, Personal $ 22,000.00 7,- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend., Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ,ADOPTED. 8:-.Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was _ RESOLVED that the Town Board of the Town of- Southold hereby appoints r Stephanie Graseck as a full-time seasonal Clerk Typist for the Assessors Office, effective May 16 & 17, 1994, and June 1, 1994 through August 26, --. 1994, 35 hours .per week, at a salary of $6.00 per hour. 8.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 9.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, 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. on Traveler Street, Southold, between Horton Lane and Youngs Avenue, for the purpose of reducing the 35 mph speed limit due to the increased -traffic on Traveler Street because of the Post Office. 9.- Vote of the Town Board: Ayes: Justice. Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 10.- Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the. Town Board of the Town of Southold here authorizes and directs the Town Clerk to advertise for bids for the following road application items for the Superintendent of Highways, all in accordance with the bid specifications: 1 . Polymer modified bituminous single course application: 2. 50% MC 250 and 50% RC 250 liquid asphalt application with sand. 3. RC 250 liquid asphalt application with stone. 4. Purchase and application of asphalt road materials. (Grades RC-2 and MC-2) 10.- Vote of the Town Board: ' Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend,. Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 11 .- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby approves the following amounts as revised bond estimates for roads and improvement in the -major subdivision known as Mooresland: Phase I in the amount of $156,000.00; Phase 11 in the amount of $145,416.00; Phase III in the amount of $108,059.00, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James. A. Richter. 11 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We have tonight two standard policies of the Board to reaffirm, and the first one is a policy in regard to investments undertaken by the Town of Southold. This first one is an investment policy ` that basically safeguards the funds that the town has on deposit in various banks, and we're required to have such policy. 12.-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold -hereby reaffirms the "Investment Policy for the Town of Southold"- which reads as follows: INVESTMENT POLICY FOR THE TOWN OF SOUTHOLD. I. SCOPE This investment policy applies ' to all moneys and other financial resources available for investments on its own behalf or on behalf or on behalf of any other entity or individual. 1 i. OBJECTIVES The primary objectives of the... local government's investment activities are in priority order, a' APRIL 5, 1994 217 to conform with all applicable federal, state and other legal requirements (legal); * to adequately safeguard principal (safety); * to provide sufficient liquidity to meet all operating requirements (liquidity); and * to obtain a reasonable rate of return (yield) - 11.DELEGATION OF AUTHORITY The governing board's responsibility for administration of the investment program is delegated to the chief fiscal officer, who ,shall establish written procedures for the operation of the investment' program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to . provide satisfactory level of accountability based on a data base or records incorporating description and amounts of investments, transaction dates, and other relevant information and regulate the activities of subordinate employees. IV. PRUDENCE All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transactions that might impair public confidence in the Town of Southold to govern effectively. Investments shall be made with judgement and care,• under circumstances then prevailing, which persons of prudence discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, .considering . the safety of the principal as well as the probable income to be derived. - All participants involved in the investment process shall. refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. V. DIVERSIFICATION. It is the policy of the Town of Southold to diversify its deposits and investments by financial institution, by investment instrument, and by maturity scheduling. VI. INTERNAL CONTROLS It is the policy of the Town of Southold for all moneys collected by any officer or employee of the government to transfer those funds to the chief fiscal officer within 30 days of. deposit, or within the time period specified in law; whichever is shorter. The chief fiscal officer is responsible for establishing and maintaining an internal control structure to provide reasonable, but not ' absolute, assurance that deposits and investments are safeguarded against loss from unauthorized 'use or disposition, that transactions are executed in accordance with management's authorization and recorded property, and are managed in compliance with applicable laws .and regulations. VII. DESIGNATION OF DEPOSITARIES The. banks and trust companies authorized for the deposit of monies up to the following maximum amounts are: Depository Name Maximum Amount Officer Fleet Bank 1,000,000 Mary Ellen Johnson Suffolk County National 5,000,000 Richard Noncarrow SCNB(Tax Receiver Acct.) only 5,000,000 Richard Noncarrow Bridgehampton National Bank 1,000,000 Ann Nestor Shawmut Bank 100,000 Anthony Serio North Fork Bank 1,000,000 Walter Krupski VI I I. . COLLATERALIZING OF DEPOSITS In accordance with the provisions of General Municipal Law,)10, all deposits " of the Town of Southold, including certificates of deposits and special time. deposits, in excess of the amount insured under the provisions of the Federal Deposit .Insurance Act shall be secured.. 1. By a pledge of "eligible securities" with an aggregate "market value", or "provided by General Municipal Law, §10, equal to the aggregate amount of deposits from the categories designated in Appendix A to the policy. APRIL 5, 1994 2. By an eligible "irrevocable letter of credit" issued by a qualified bank other .than the bank with the deposits in favdr of the government for a Term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest; if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest.rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with -applicable federal minimum risk-based capital requirements. ' 3. By an eligible surety bond payable to the government for an amount at least equal'to 100 0 of the aggregate amount of deposits mid. the agreed upon-interest, if any, executed by an insurance cempaiiy authorized to do businpss in New York State, whose claims - paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations. IX. SAFEKEEPING AND COLLATERALIZION Eligible security used for collateralizing deposits shall be held -by the depositary or a third party bank or trust company subject to security and custodial agreements. ' The security 'agreement .shall provide that eligible securities .are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon defaults. It shall . also provide the conditions under which the securities may be sold, presented for.payment, substituted or released and the events which will enable the local government to exercise its rights against the pledged securities. In ,the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Town or its custodial bank. The custodial agreement. shall provide that securities held by the bank or trust company, or agent of and custodian for, the local government, will be kept separate and apart from the general. assets- of the custodial bank or trust company and will _ not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement should also describe that the custodian shall' confirm the receipt, substitution or release of the securities. The agreement shall -provide for the frequency of revaluation of eligible securities and for the substitution of securities when, a change - in the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities. TED INVESTMENTS PERMIT As authorized by Gencral Municipal Law, §11, the Town of Southold sathorizcs the chief fiscal officer to invest moneys not required for imniediale expenditure for terms not to exceed its .projected cash flow needs in the following types of investments: * Special time deposit accounts; * Certificates of deposits; * Obligations of the United States cf America; * Obligations guaranteed by agencies of the United States of America -" where the payment of principal and interest are guaranteed by the United States of America. -- * Obligations of the State of New York; * Obligations issued pursuant to LFL §24.00 or 25.00 (with approval of the State Comptroller) by any municipality, school district or district corporation other than the Town of Southold. APRIL 5, 1994 219 * Obligations of public authorities, public housing authorities urban renewal agencies and industrial development agencies where the general State statutes governing such entities or whose specific enabling legislation authorizes such investments. * Certificates of Participation (COPs) issued pursuant *to GML, §109-b, * Obligations of this local government, but only with any moneys in a reserve fund established pursuant to GML, §6-c, 6-d, 6-e, ` 6-a, 6-h, 6-j, 6-1, 6-m, or 6-n. All investment obligations shall be payable or redeemable at the option of the Town of Southold • within such times as the proceeds will be needed to meet expenditures for purposes for which the 'moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option. of the Town of Southold within two years of the date of purchase. XI. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS The Town of Southold shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments which can be made with each financial institution or dealer. All financial institutions with which the local government conducts business must be credit worthy. 'Banks shall provide their most' recent Consolidated Report of Condition (Call Report) at the request of the Town of Southold. Security dealers not affiliated with a bank shall be required to be classified as reporting dealer affiliated with the New .York Federal Reserve Bank, as primary dealers. The chief fiscal officer is responsible for evaluating ' the financial .position ' and maintaining a listing of proposed depositaries, trading partners and custodians. Such listing shall be evaluated at least annually. XI. PURCHASE OF INVESTMENTS The. chief fiscal officer is authorized to contract for the purchase 0.f investments: 1. Directly, including through a repurchase agreement, from an authorized trading partner. 2. By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the governing board. 3. By utilizing an ongoing investment program with an authorized tracking partner pursuant to a contract authorized by the governing board. All purchased obligations,. unless registered or inscribed in the name of the local government, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such a bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the Town of Southold by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law, §10. The custodial agreement shall provide that securities held -by the bank or trust company, as agent of and custodian for, the local government, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be -commingled with or become part- of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the local government a perfected interest in. the securities. 2 2 O APRIL `5; 1994 XIII. REPURCHASE AGREEMENTS Repurchase agreements are authorized subject to the following restrictions: * All repurchase agreements must be entered into subject to a Master Repurchase Agreement. --- * Trading .partners are limited to banks or .trust companies authorized to do business in New York State and primary reporting dealers., * Obligations shall be limited to obligations of the United States -of America and obligations guaranteed by agencies of the United States of America. * No substitution of securities will be allowed. * The custodian shall be a party other than the trading partner. COUNCILMAN TOWNSEND: I have a question on the motion. I just didn't notice this earlier on going through the resolutions on designation of depositories. SUPERVISOR WICKHAM: That we did before. COUNCILMAN TOWNSEND: In this, I know we specified North Fork Bank, and this is not specified in this. TOWN CLERK TERRY: It will be. Actually we just reapproved what we had, but we .should add that. I'll put reaffirmed, and amend. I'll make a note of that right now, and it will be there before it's copied again. SUPERVISOR WICKHAM: To include the North Fork Bank, which had been inadvertently left off from last year. So, the motion is moved and seconded. 12.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: The second of these policies is a policy in regard to the town employee assistance. 13,- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby reaffirms the "Policy on Southold Town Employee Assistance Program", which reads as follows: POLICY ON SOUTHOLD TOWN EMPLOYEE ASSISTANCE PROGRAM WHEREAS, it has long been recognized that alcohol and other substance abuse as well as other personal problems have serious impact on the health, welfare, and social life . of. the individual, and his other family, and community; and . WHEREAS, the use of alcohol and substances, as well as other problems of employees are of immediate concern to the Town of Southold, as an employer when it results, in a job-impairing problem; and WHEREAS, job-impairing problems have been recognized as any condition of abnormal behavior resulting directly or indirectly from the chronic and habitual use of alcohol beverages or other substances or the inability to cope with -other personal problems; and WHEREAS, the Town of Southold has created an Employee Assistance Program which the Town may consult with for. additional expertise; and WHEREAS, experience indicates that employee assistance programs constitute an effective means for ameliorating difficult personal problems; and WHEREAS; it is essential and desirable that all Town departments participate in a unified program to combat alcoholism, substance abuse, and other job-impairing problems in a humane and constructive manner; now, therefore, be it APRIL 5, 1994 221 RESOLVED that the Town Board of the Town of Southold hereby adopted the following POLICY AND - PROGRAM on the SOUTHOLD TOWN EMPLOYEE ASSISTANCE PROGRAM: SECTION 1 .POLICY a)The Town government, as an employer, is concerned and will take appropriate action when an employee experiences a job-impairing problem. b)A job-impairing problem exists when the employee's competent or safe performance of his or her assigned duties or dependability in. performance apparent. Olt is Town policy that the employing department initiate non-disciplinary procedure which the employee is offered rehabilitative assistance when experiencing personal problems which impair job performance. d)This policy is not to be construed as waiving management's responsibility to maintain discipline or its mandate to invoke disciplinary proceedings in the event of misconduct which may result from, or be' associated with, the use or abuse of substances or untreated emotional problems. SECTION 2.APPLICABILITY The policies and program contained in this resolution shall apply to all Town employees. SECTION 3.EMPLOYEE ASSISTANCE PROGRAM The Town of Southold has contracted for an Employee Assistance Program to be provided by Lighthouse Counseling Center, 8 East Main Street, Riverhead, New York 11901 . This agency will provide services to Town employees consistent with established procedures The office of the Supervisor shall be responsible for coordinating the Employee Assistance Program,. on a Town-wide basis, and shall issue such further directives and instructions to Town department as are required, consistent with the policies enumerated in the resolution. SECTION 4.EMPLOYEES a) No employee shall have job security or promotion opportunities jeopardized by. a request for counseling or referral. assistance. b)The confidential nature of Employee Assistance Program records of employees shall be preserved in the same manner as all other medical records but not in their personal record files. c) Where an employee has exhausted sick and annual leave balances, the agency head may under certain conditions and at his or her discretion, grant the employee. a medical leave'of absence without pay to undergo a prescribed program of rehabilitation treatment. 13.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 14.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin 1994 Budget modification to the Southold Wastewater Disposal District to 1 appropriate funds for the Rock Trap evaluation, and 12 appropriate transfer to Capital Fund for Bensin Contracting's final payment: To: SS1 .8130. Sewage Treatment $ 1,575.00 (1 ) SS1.9901.9 Transfer to Other Funds $ 3,475.88 (2) From SS1 .8740.4 Capital Reserve, Contractual Exp. $ 5,050.88 14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2 2 2' APRIL 5, 1994 15.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that. the Town Board of the Town of Southold hereby accepts the 'bid of George Malvese & Co Inc at a total amount of $97,200.00, for supplying - the Southold Town Highway Department with one ( 1) Four-Wheel Self-Propelled ' Pickup Street Sweeper (1TE4DB 4-Wheel Mobil Sweeper), all in accordance with the bid specifications. .15.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,. Supervisor Wickham. This resolution was duly ADOPTED. 1.6.- Moved by, Councilman Lizewski, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs . Supervisor Thomas- Wickham to execute. an Extension Agreement between the Suffolk County Office for the Aging and the Town of Southold for the Supplemental Nutrition Assistance Program (SNAP), for the period of April 1, 1994 through March 31, 1995, at a total budget not to exceed $31.510.00, all in accordance with the approval of the Town Attorney. 16.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 17.-,Moved by Justice Evans, seconded by Councilwoman Oliva, WHEREAS, application for available Federal funding for the Overlay Runway 12-30 (2,328' x 1001) and 7-25 (1,940 x 759 including all related surface preparations including grading, marking, signing and associated drainage at Elizabeth Field Airport, Fishers Island, New York, has been approved; and WHEREAS, the project has been deemed consistent with sound transportation development policy and planning concepts for New York State participation; and WHEREAS, the Federal share of the grant amounts to $1,408,908, the State share amounts to $78,273, the local share amounts to $78,273 for a total amount of >$1,565,452; now, therefore, be' it RESOLVED that the Town Board of the Town of Southold enter into an Agreement with the New York State Department of Transportation . for financial assistance, not to exceed $78,273, State PIN No. 091308, for the Overlay Runway 12-30 and 7-25 including all related surface preparations including grading, marking, signing and associated drainage of Elizabeth Field Airport, ' Fishers Island, New York; and be it FURTHER RESOLVED ,that the. Town Board hereby authorizes and directs Supervisor Thomas Wickham to execute 'documents for this project on behalf of the Town of Southold. 17.- Vote of 'the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 18.- Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1994 Budget modification to the General Fund - Part Town to transfer donated funds for D.A.R.E. pens and pencils: . To: Revenues B2705 Gifts & Donations $ 45.00 Appropriations B3157.4 Juvenile Aide- Bureau, Contractual Expenses $ 45.00 18•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 19•- Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the $156,000 Letter of Credit from Moores Lane Development Corp. as a bond for roads and improvements in the major subdivision of Mooresland at Greenport, Phase I, all in accordance with• the Town Board's resolution no. 11 of this date accepting the bond amount as recommended by the Southold Town Planning Board and Engineering Inspector Richter. 19.-Vote of the Town Board:-., Ayes: Justice Evans, Councilwoman Oliva, Councilman . Townsend; Councilwoman Hussie; Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED: APRIL S, 1994 223 20.-Moved by Justice Evans, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the, Board, of Commissioners of the Fishers Island Ferry District to accept the low, bid. of Thames Shipyard & Repair Co., New London, Connecticut, and. -enter into a contract, for drydocking the MV MUNNATAWKET, all in accordance with the bid specifications: Base bid- $23,440.00, and the following supplemental work as may be found necessary or required by, a regulatory authority after the vessel is on drydock: (a) removal and replacement of shafts - $ 1,600.00; (b) renewal of strut bearings - $1,000,00; Ac) sacrificial anodes (zinc) renewals - $50.00 each; (d) change propellers - .$560.00 each. 20.- Vote of ' the Town Board: Ayes: Justice- Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 21 .- Moved by Councilwoman Oliva, seconded by Justice Evans, 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; charge for said advertisements to be made to A7180.4, Contractual Expenses. 21 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 22.- Moved by Councilman Townsend, seconded ..'by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes advance fee checks in the amounts of $35.00 (payable to Long Island Leisure Services Association's 6th Annual Spring conference to be held on May 6, 1994. .22.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman - Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 23.- Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44, of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, ,in conducting an uncoordinated review of this unlisted. action, has determined that there will be no significant effect on the environment. DESCRIPTION - OF ACTION: A proposed "Local Law in . Relation to - Sidewalks", which adds a new Chapter 80 (Sidewalks) to the Code of the Town. of Southold., which requires each owner or occupant of any house or other building., and any owner or person entitled to possession of any vacant lot, - and any person having charge of any church or any public building in the Town. to, during the winter season or during the time snow shall continue on the ground, keep the sidewalk in front of the lot or house free from obstruction by snow or ice and icy conditions, and keep the sidewalk in a clean condition, free from filth, dirt, weeds, or other obstructions or encumbrances. This amendment has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the amendment be implemented as planned. 23.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2 2 T ' APRI L 5, 1994 24.-Moved by Councilman Hussie, seconded by Councilman Townsend, WHEREAS, there has been presented to the Town ' Board of the Town of Southold. a proposed Local Law entitled, "A Local Law in Relation to Sidewalks"; now, therefore, be it RESOLVED ,that the Town Board hereby sets 5:00 P.M., Tuesday, April 19, 1994, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this proposed Local Law, which reads as follows: A Local Law .in Relation to Sidewalks BE IT ENACTED, .by the Town Board of the Town of Southold as follows: Chapter 80 (Sidewalks) of the Code of the Town of Southold is hereby added to read as follows: - 1. Section 80-1 ( Intent) is hereby added to read as follows: It is the intent of the Town Board to place the responsibility of keeping :sidewalks clean- with the property owners adjacent to the sidewalk. 2. Section 80-2 (Snow and Ice Removal; general maintenance) is hereby added-to read as follows: Each owner .or occupant of any house or other building, and any owner or person ,entitled to possession of any vacant lot, and any person having charge of any church or any public building in the Town shall, 'during the winter season or during the .time snow shall continue on the ground, keep the sidewalk in front of the lot -or house- free from obstruction by snow or ice and icy conditions, and, shall at all times keep the sidewalk in a clean condition,-4 free from filth, dirt, weeks or other obstructions or encumbrances. II. This Local Law shall take effect upon its filing with the Secretary of State. 24.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman , Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. . .25.-Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, - State Environmental Quality_ Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of .the Town of Southold, notice is hereby given that the Southold Town Board; in- conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the -environment. DESCRIPTION OF ACTION: A proposed "Local Law in Relation to Accessory Buildings or Structures", which amends Chapter 100 (Zoning) of the Code of the Town of Southold by adding definitions for "Breezeway", "Deck", and "Patio", and a new section concerning exceptions for accessory buildings and structures. This amendment has been determined not to have a significant, effect on the environment-because an Environmental Assessment Form has been submitted and reviewed, and the Town Board has concluded that .no significant adverse effect, to the environment is likely to occur should the amendment be implemented as planned. 25.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 26.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled "A Local Law in Relation to Accessory Buildings or Structures";, now, therefore, be it RESOLVED that the . Town Clerk be and she hereby is authorized and directed to transmit this proposed Local Law to the Southold Town Planning_ Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold- Town Code and the Suffolk County Charter. This proposed Local Law reads as .follows: A Local Law in Relation.to Accessory Buildings or Structures 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 here amended to read as follows: A•PRIL 5, 1994 A Local Law in Relation to Accessory Buildings or Structures BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1 . Section 100-13 (Definitions) is hereby amended by adding thereto the following: BREEZEWAY - Open construction with a roof projecting from the outside wall of a building not to exceed dimensions of 8' by 10' connecting the main building and a garage. Other types of attachments which extend more than 10 feet, or exceed 80 sq.ft. in area, shall not attach a main building to a separate building unless such attachment meets the requirements of livable floor area. DECK - Construction attached to a building open to the sky with floor materials built at an elevation above natural grade. Decks are required to have building permits before construction. PATIO - A flat, leveled structure attached to a building by steps, or other *construction, and having a base floor area at or below natural grade and open to the sky. A patio structure below or at grade is not deemed to be a deck or porch and shall not require a building permit. 'New step:.areas to patios, decks, porches, breezeways, etc. will require a building permit. Any other patio or similar structure constructed above natural grade also requires a building permit. 2. Section 100-230 (F) is hereby added to read as follows: F. Exceptions for accessory buildings and structures. Notwithstanding any other provision of this chapter, accessory buildings and structures in all zoning districts must comply with the location and minimum setback requirements provided at Section 100-33., 'with the following provisions: 1 . • An accessory building may be otherwise located when attached by a breezeway provided it is used only for accessory storage or garage purposes and meets all . setback provisions required for the main, principal building; 2. In the event of a change from an accessory storage or garage use to livable floor area, -the breezeway and garage-storage area may only be converted by direct access between the rooms and made an integral part of the existing livable floor area of the principal: building for single-family use. 3. Other types of additions which connect two buildings must meet the setback requirements for the principal building. 4. Deck and/or patio additions to a principal building which do not connect two structures or buildings are permitted if they meet principal building setbacks. II. This .Local Law shall take effect upon its filing with the Secretary of State.. * Underscore. represents addition(s) 26.-Vote ,of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. SUPERVISOR WICKHAM: I'd like to declare a .recess in our resolutions at this stage, and we can move to the' public hearings, that. we have on schedule for tonight. 2 2 6... APRIL 5, 1994 Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was RESOLVED :that a recess be called at this time, 8:00 P.M.,for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Reconvened at 8:50 P.M. 27•-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED.., that pursuant to Article 8 of the Environmental Conservation Law, ' State environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated- review of this unlisted action, has - determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: A proposed "Local Law in Relation to Salvaging Centers", which adds. a new Chapter 74, Salvaging Centers, to the Code of the Town of Southold, which defines Salvage Center (any location where a private collection of items, exclusive of municipal recyclables, is gathered, reused, recycled, reclaimed and processed for eventual disposal off-site), permit requirements, application and fee, parking and and ' access requirements, permit provisions, and penalties for offenses. This amendment has been determined not to have a significant effect on the. environment because. an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur, should the amendment be implemented as planned. 27.--Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham.. This resolution was duly ADOPTED. 28.-Moved by :Councilman Townsend, seconded by Councilwoman Oliva, WHEREAS there has been presented to the Town Board of theTown of Southold a proposed Local Law entitled, "A Local Law in Relation to Salvaging Centers"; now, therefore, " be it RESOLVED that " the Town Board hereby sets 5:05 P.M., Tuesday, April 19,1994,Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this proposed Local Law, which reads as follows: A Local Law in Relation to Salvaging Centers,be it ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 74 (Salvaging Centers) of the Code of the Town of Southold is hereby added and shall read as follows: A Local Law in Relation Salvaging Centers BE IT ENACTED, by the Town Board of the Town of Southold as follow: I. Chapter 74 (Salvaging Centers) of the Code of the Town of Southold is hereby added and shall read as follows: 1. Section 74-1 (Definitions) is hereby added to read as follows: Section 74-1 (Definitions) As used in this chapter, the terms used herein are defined as follows: SALVAGE CENTER - Shall mean any location where a private collection of items, exclusive of municipal recyclables, . is gathered reused, recycled, reclaimed and processed for eventual disposal off-site. 2. Section 74-2 (Permit Required) is hereby added to read as follows: Section 74-2 (Permit Required). No person shall engage in or conduct a salvage center.on real property within the Town of Southold, either for himself or for and on behalf of any other person, directly or indirectly, without first obtaining a permit therefore as hereinafter provided. APRIL 5, 1994 227 3. Section 74-3 (Application and Fee) is hereby added to read as follows: Section 74-3 (Application and Fee) A. The Town Board may grant a permit for a salvage center. Each applicant for a permit hereunder shall execute under oath an application therefor to be supplied to him by the Town Clerk, which shall contain the following information: 1 . Location of the operation. 2: Sizes and location of access and parking. 3. Location and kind of containers or receptacles. 4. Storage facilities. B. The application shall be accompanied by a fee of $300.00. 4. 'Section 74-4 (Parking and Access) is hereby added to read as follows: Section 74-4 (Parking and Access) Each salvage center shall provide a macadam or crushed rock base for parking and access. 5. Section 74-5 (Permit Provisions) is hereby added to read as follows: Section 74-5 (Permit Provisions.) . The permit shall be granted for the period. of time specified by the Town Board The permit shall contain such conditions as may be necessary to ensure that the proposed operation will not have an adverse effect on the environment; the character of the area, or the operations of the Town. The permit shall provide that the operation shall be conducted pursuant to the terms of the permit or the Town Code, and upon failure to do so, the permit may be revoked forthwith Failure to obtain all state, federal or county permits required for this application shall be a basis for immediate revocation of this permit. 6. Section 74-6 (Penalties for Offenses) is hereby added to read as follows: Section 74-6 (Penalties for offenses) . The permittee who commits or permits the commission of any violation of the permit or of the Town Code shall be deemed to have committed a violation and shall be liable for any such offense or the penalty therefor. Each day such offense shall .continue or be permitted to exist shall constitute a separate.offense. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) COUNCILWOMAN HUSSIE: Before I vote I want to say, that I am going to vote yes, because I do think that there should be a public hearing. However, I objected earlier today, and I object now, that a salvage center ' shall not be- able. to accept municipal recyclables: I still think that that is the wrong way to go, but, yes,to the public hearing. 28.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. .. This resolution was duly ADOPTED. 2- 2 JA'P�IL-5` -1994 29.- Moved by Justice Evans, seconded by Councilowman Oliva, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code 'of the Town of Southold, notice is hereby given _ that the .Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: A proposed "Local Law in Relation- ., to Recyclables", which amends Chapter 48 Garbage, . Rubbish 8 Refuse of the. Code of the Town of Southold by adding "corrugated cardboard" to the definition of-Municipal Recyclable, and adds a new definition: "Recyclable, Other" - All waste which can be recycled, other than municipal recyclables. This local law also adds a provision specifying "that all municipal .recyclables must be deposited in the appropriate location of the disposal- area owned by the Town of - Southold" This amendment has been determined: not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the amendment be implemented as planned. 29.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. Abstain: Councilwoman Hussie. This resolution was declared duly ADOPTED. COUNCILWOMAN HUSSIE: I wish we could have this in two parts. 30.-Moved by .Councilwoman Oliva, seconded by Councilman Townsend, WHEREAS, ' there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Recyclables"; now, therefore, be it RESOLVED that the Town Board hereby sets 5:10 P.M., Tuesday, April 19, 1994, Southold Town Hall, Main Road, Southold, New York, as time and place for- a public hearing on this proposed Local Law, which reads as follows: A Local Law in Relation to Recyclables BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish 8 Refuse) of the Code of the Town of Southold is hereby amended as follows: 1. Section 48-1 (Definitions) is hereby amended to read as follows: RECYCLABLE, MUNICIPAL - Any can, glass, or plastic container or corrugated cardboard or newspaper as defined in this section. RECYCLABLE, OTHER - All waste which can be recycled other than municipal recyclables. 2. Section 48-3 F is hereby added to read as follows: (F) All municipal recyclables must be deposited in the appropriate location of the disposal area owned by the Town of Southold. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. 30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. Abstain: Councilwoman Hussie. The resolution was duly ADOPTED. SUPERVISOR WICKHAM: The next few resolutions all deal with a proposed rezoning of several hamlet .density parcels in the area near Greenport, six separate parcels. The resolutions numbers 31 all the way to 43 deal with that. Thirty-one is a resolution to authorize preparation of maps, and metes and bounds connected with six separate properties. Each of these six properties is then addressed with two resolutions, that the Board will consider this. evening. The first of those resolutions will explain the rational for difficulty with the hamlet zone, as it exists, and why the Board is considering a revision of that to a different zone. So_ we're going to begin with one resolution authorizing the preparation of maps and metes and bounds, and then pairs of resolutions dealing with each of the six properties. APRIL 5, 1994 22 9 31 .-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Roderick Van Tuyl, P.C., Land Surveyors, to prepare an accurate description of, the following properties by metes and bounds, and three copies,-of a. map of ' each parcel showing the zoning classification fo the surrounding area within 500 feet of the parcel: 1 . 1000-040-3-1 Kace Realty Co. , 43 West 54 Street, New York, N.Y. 10019 2. 1000-040-4-1 _ John Geier 8 Ano., c/o Marion Geier, Atlantic Mobile Park, .Box 30, Newport, N.C. 28570 3. 1000-035-1-25 ' LBV .Properties, Suite 210, 898 Veterans Memorial Highway Hauppauge, N.Y. 11787 4. 1000-045-2-10.3 San Simeon Retirement Community Inc., Main Road, Greenport, N.Y. 11944 5. 1000-045-2-1 John G. Siolas & Catherine Tsounis, 190 Central Drive, Mattituck, N.Y. 11952 6. 1000-035-1-24 Jem Realty Co., c/o Kontokosta, 43 West 54 Street, New York, N.Y. 10019 31 .- Vote of the ' Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: Now, I'll read :the first resolution dealing with parcel number one. 32.- Moved by Supervisor Wickham, seconded by Councilman Townsend, PARCEL #1000-40-3-1 OWNER PROPERTY LOCATION KACE REALTY, CO. South Side Route 48 43 West 54 Street 1000 ft. East.of Chapel Lane New York, NY 10019 Greenport, NY 11944 WHEREAS, .the Master Plan of the Town of Southold and the recommendations of the Town's advisory .Stewardship Task Force have increasingly emphasized the promotion of growth in and around the hamlet centers, to strengthen their business prospects while keeping open space and farmland undeveloped; 'and WHEREAS, the Town Board has examined and extensively discussed a report entitled "Review of Hamlet Density Zoning in the Town of Southold" dated February. 1994 which • assessed ' the appropriateness of the zoning- of all undeveloped HD zoned properties in the Town of Southold;" NOW, THEREFORE, BE IT. RESOLVED, that the Town Board of the Town of Southold concludes that HD zoning of this property is not appropriate for the following reasons: 1. The property has 'not had development activity pursuant to the HD zoning, or its predecessor zoning, since it was so zoned in 1958; 2. The HD zoning of this site is not consistent with the Town's comprehensive plan because it encourages high density residential growth at a significant distance from the nearest hamlet center of Greenport and encourages suburban sprawl; 3. The HD (quarter acre) .zoning is not consistent with that of the surrounding land uses, which consist of.environmentally sensitive parkland to the west and south, and R-80 (two acre) zoning to the east and north; and BE' IT FURTHER RESOLVED, that the Town Board of the Town of Southold finds that rezoning this property from HD to R-80 , is appropriate for the following reasons: 1. R-80 is the base zoning of"the Town because it retains the open rural environment so highly valued by year-round residents and by those people who support the Town's economy; 230 APRIL 5, 1994 •2. R-80 zoning is most consistent with the zoning on immediately adjacent properties; 3. Over forty percent (400) of the site can be considered freshwater wetlands so that rezoning to R-80 will provide a significantly increased measure of protection for the environment than the HD zoning -now provides. 32.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham....No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: And now the companion resolution, that goes with this one. 33.- Moved by Supervisor Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby commences the lead agency coordination process in regard to. the State Environmental Quality Review Act on the Type I action of proposed rezoning of the following described property on the Town Board's own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District: Tax Map #1000-040-3-1, owned by Kace Realty Co., containing 17.1 acres, and located on the south side of Route 48, 1000 feet east of Chapel Lane, Greenport,. New York. 33.- Vote of . the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 34,-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, PARCEL #1000-40-4-1 OWNER PROPERTY LOCATION JOHN GEIER & ANO., South Side Route 48 c/o Marion Geier 400 Feet West of Atlantic Mobil, Park Moores Lane P.O. Box 30 Greenport, New York 11944 . Newport,. NC 28570 WHEREAS, the Master Plan of the Town of Southold and the recommendations of the. Town's advisory Stewardship Task Force have increasingly emphasized the promotion of growth in and around the hamlet centers, to strengthen their business prospects while keeping open space and farmland undeveloped; and WHEREAS, the Town Board has examined and extensively discussed a report entitled "Review of , Hamlet Density Zoning in the Town of Southold" dated February 1994 .which assessed the. appropriateness of the zoning of all undeveloped HD zoned properties in the Town of Southold; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold concludes that HD zoning of this property is not appropriate for the following ,reasons: 1. The property has not been developed pursuant to the HD zoning and the building(s) existing when the property was so zoned have fallen into .disrepair and appear to be irreparable; 2. The HD zoning of this site is not consistent with the Town's comprehensive plan because it encourages-high density residential growth at a significant distance from the nearest hamlet center of Greenport and encourages suburban .sprawl; 3. The HD zoning is not consistent with-the environmentally sensitive parkland which borders this property' on the east, west and south, and the low density R-40 and R-80 zoning to the north; and BE IT FURTHER RESOLVED, that the Town Board' of the Town of Southold finds that rezoning this property from HD to R-80 is appropriate for the following reasons: 1. R-80 is the base zoning of the Town because it retains the open rural environment so highly valued by year-round residents and those people who support the Town's economy; APRI L 5, 1994 2 31 2. R-80 zoning is most consistent with the zoning on immediately adjacent properties, 3. R-80 zoning .will best suit the property because it will permit development to be sited so as to avoid any adverse impacts on the wetlands on this parcel; 4. The poorly drained soils on the site present moderate to severe -limitations on the construction of homesites, streets, pipelines and landscaping for intense development. R-80 zoning will better enable_ these constraints to be overcome. 34.-Vote, of the Town . Board:Ayes: Justice Evans, Councilwoman Oliva; Councilman ' Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution 'was duly ADOPTED. 35.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby commences the lead- agency coordination process in regard to the State Environmental Quality Review Act on the Type I action of proposed rezoning of the following described property on the Town Board's own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District: Tax Map #1000-040-4-1, owned by John Geier & Another, containing 10.55 acres, and located on the south side of Route 48. 400 feet east of Moore's Lane, Greenport, New York. 35.-Vote of the Town Board. Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. . No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 36.-Moved Councilman Townsend, seconded by Supervisor Wickham, PARCEL #1000-35-1-25 OWNER PROPERTY LOCATION LBV PROPERTIES North Side. Route 25 Suite 210 1139 Feet Northeast of 898 Veterans Memorial Highway Sound Road Hauppauge, New York 11787 Greenport, New York 11944 WHEREAS, the Master Plan of the. .Town of Southold and the recommendations of the Town's advisory Stewardship Task Force have increasingly emphasized the promotion of growth in and around the hamlet centers, to strengthen their business .prospects while keeping open space and farmland undeveloped; and WHEREAS, the Town Board has examined and extensively discussed a report entitled "Review of Hamlet- Density Zoning in the Town of Southold" dated February. 1994 which assessed the appropriateness of the zoning of all undeveloped HD zoned properties. in the Town of Southold; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold concludes that 'HD zoning of this property is not appropriate'for the following reasons: 1 . The property has not been developed pursuant tb HD zoning, or its predecessor zoning, since it was first so zoned -in 1971; 2. The HD zoning of this site is not consistent with the Town's comprehensive plan because it encourages high density residential growth at a significant distance from the nearest hamlet center of Greenport and. encourages suburban sprawl; 3. The development of an intense residential area near the key intersection of Route 48 and Route 25 has the potential for _.significant traffic generation and will weaken the strength and economic integrity of the- Village of Greenport, a key hamlet to the Town as a whole. 4. The HD zoning is 'not consistent with the R-80 zoning to the east, the environmentally fragile shoreline to the north and the R-80 and R-40 zoning lying to the south and to the west of the adjacent HD parcel, which.is also being proposed for rezoning to R-80; 5. HD zoning of a site with so many valuable coastal resources and delicate habitat is not in conformance with the Town's Master Plan nor is it in the best interest of the environment; and 2 3 2,, ; APR7L:15, 1994 BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold finds that rezoning this property from HD to R-80 is appropriate for the following reasons: 1. R-80 is the base zoning.of the Town because it retains the open rural environment so highly valued by year-round residents and those people• who support the Town's economy; 2. R-80 zoning is most consistent with the zoning on immediately adjacent properties; 3. R780 zoning can best protect those areas with sensitive environmental features, such as a kettle hole, wetlands and possible endangered species on site; 4. R-80 zoning can best protect the irreplaceable scenic features of this property, particularly, the bluffs along the Long Island Sound; 5.. R-80 zoning is more consistent with the Master Plan in protecting the coastal resources and delicate habitat of this site. 36.-Vote of the Town Board: Ayes: Justice Evans, Councilman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski.. This resolution was duly ADOPTED. 37,-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby commences the lead agency coordination process in regard to the State Environmental Quality Review Act on the Type I action of proposed rezoning of the following described property on the Town Board's own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District: Tax Map #1000-035-1-25, owned by LBV Properties, containing 132.08 acres, and located on the. north side of Route 25, 1139 feet northeast of Sound Road, Greenport, New York. 37.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman 'Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolutions was duly ADOPTED. . 38,-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, PARCEL #1000-45-2-10.3 OWNER PROPERTY LOCATION SAN SIMEON RETIREMENT COMMUNITY, INC. East Side Chapel Lane Main Road South of Route 48 E North Creenport, New York 11944 of Route 25, Greenport, NY WHEREAS, the . Master Plan of the Town of Southold and the recommendations of the Town's advisory Stewardship Task Force have increasingly emphasized the promotion of growth in and around the hamlet centers, to strengthen their business prospects while keeping open space and farmland undeveloped; and WHEREAS, the Town Board has examined_ and extensively discussed a report entitled "Review of Hamlet Density Zoning in the Town of Southold" dated February 1994 which assessed the appropriateness of the zoning• of all undeveloped-HD zoned properties in the Town of Southold; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold concludes that HD zoning of this property is not appropriate for the following reasons: 1. Only a small portion of the property has been developed pursuant to HD zoning in the decade since a site plan for the southwestern portion of this property was approved. The units built pursuant to the HD zoning are uninhabited and the site appears to have severe drainage problems; APRIL 5, 1994 2 3 3 2. The HD zoning of this site is not consistent with the Town's comprehensive plan because it encourages high density residential growth at a significant distance from the nearest hamlet center of Greenport and encourages suburban sprawl; 3. The HD zoning is not consistent with the large expanse of park which borders this property to the east; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold finds that rezoning this property from HD to R-80 is appropriate for the following reasons: 1'. R-80 is the base zoning of the Town because it retains the open rural environment so highly valued by year-round residents and those people who support the Towns. economy; 2. R-80 zoning is most consistent with the zoning on immediately adjacent properties; 3. R-80. zoning will best suit the property because it allows sufficient land in a parcel to handle the drainage problems which are associated with the heavy clay geology found on the site; 4. The: heavy clay soil on the site has extremely poor drainage qualities which creates an acute potential for flooding and wetlands -in homesites developed pursuant to HD zoning, which can be minimized by R-80 zoning. 38.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. This resolution was duly ADOPTED. 39.-Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby commences the lead agency coordination process in regard to. the State Environmental Quality Review' Act on the Type I action of proposed rezoning of the following described property on the Town Board's own motion from Hamlet Density (HD), Residential District to Low Density Residential R-80 District: Tax Map #1000-045-2-10.3, owned by San Simeon Retirement Community Inc., containing 20.07 acres, and located on the east side of Chapel Lane, south of Route 48 and north of. Route 25, Greenport, New York. COUNCILWOMAN HUSSIE: Before I vote, I'm going to vote, no, but I want an explanation, because I voted, no, on the last eight resolutions. From the beginning it's been the intent of the ruling majority of this Town Board to rezone these properties to R-80. Supporting arguments have been supplied by the Planning staff in order to achieve this end, and .subsequently, the consultants' environmental assessment forms, and the accompanying narrative echoed the previously determined goals for the same reasons. The argument that the Town wishes hamlet density zones to be near hamlet centers is an incomplete, and investigated excuse toward an end. There are very few areas near the hamlet centers, which might lend themselves to HD zoning. Our Code explains the purpose of a hamlet density zone, as quote, to permit a mix of housing types in a level of residential density appropriate to areas in, and around, the major centers, especially Mattituck, Southold, Cutchogue, Orient, and the Village of Greenport. Although no effort has been made to relocate any of these HD zones into an area closer to the hamlet centers.. With one acceptation, the hamlet density zones we're discussing have been long standing, and I can not in good conscience vote to take away rights granted by an HD designation with what I consider faulty, and incomplete, reasoning, and so it's, no, to that one, too. 39.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Supervisor Wickham. No: Councilwoman Hussie, Councilman Lizewski. ' This resolution was duly ADOPTED. 2 3 4 APRIL 5, 1994 40.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, PARCEL #1000-45-2-1 OWNER PROPERTY LOCATION JOHN C. SIOLAS E South Side Route 48 CATHERINE TSOUNIS 805 Feet East'of Chapel Lane 190 Central Drive Creenport,. New York 11944 Mattituck, NY 11952 WHEREAS, the. Master Plan of ""the Town of Southold 'and the recommendations . of the Town's advisory Stewardship Task Force have increasingly emphasized the promotion of growth in and around the hamlet centers, to strengthen. their business prospects while keeping open space and farmland undeveloped; and WHEREAS, the Town Board has examined and extensively discussed a report entitled "Review of Hamlet Density Zoning in the Town of Southold" dated February 1994 which assessed the appropriateness of the zoning of all undeveloped HD zoned properties in the Town of Southold; NOW, THEREFORE, BE IT RESOLVED,that the Town Board of the Town of . Southold concludes that HD zoning of this property is not appropriate for the following reasons: 1 . The parcel is only 1 .2 acres, which size does not lend itself to HD zoning; 2. The HD zoning of this site is not consistent with the Town's comprehensive plan because it encourages high density residential growth at a significant-distance from the nearest hamlet center of Creenport and. encourages suburban sprawl; 3.' The HD zoning is not consistent with the parkland lying to the east and south; and BE , IT FURTHER RESOLVED, that the Town Board of the Town of Southold finds that rezoning this property from HD to R-80 is appropriate for the following reasons: 1 . R-80 is the base zoning of the Town because it retains the open rural environment so highly valued by year-round residents and those people who suppor.t the Town's economy; 2. R-80 zoning is most consistent with the zoning on immediately adjacent properties; 3. R-80 zoning can best protect those areas with sensitive environmental features, including wetlands, far better than intense HD development; 4. R-80 zoning -will best suit the property because it allows sufficient land in a parcel to handle the drainage problems which are associated with the heavy clay geology found on the site; 5. Because. of the small size of the site and the wetlands, both on -the site and immediately to the east, only very limited' development could take place on the site; 6. Rezoning to the proposed "R-80" density will provide significantly more protection for the environment than the "HD" zoning now provides. COUNCILWOMAN HUSSIE: I'll vote, yes, because I think 1 .2 acres is an awfully small zone. 40.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No: Councilman Lizewski. This resolution was duly ADOPTED. APRIL 5, 1994 235 41 .- Moved by Justice Evans, seconded Councilman Townsend, it was RESOLVED that the Town Board of the Town= of Southold hereby commences the lead agency coordination .process in regard to the State Environmental Quality Review Act on the Type I action of proposed rezoning of the following described property of the Town Board's own motion from Hamlet Density (HD) Residential District to Low Density Residential R-80 District: Tax Map #1000-045-2-1, owned by John G. Siolas and Catherine Tsounis, containing . 1.2 acres, and located on the south side of Route 48, 805 feet east of Chapel Lane, Greenport, New York. 41 .-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, ; Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No: Councilman Lizewski. , This resolution was duly ADOPTED. SUPERVISOR WICKHAM: We turn .now to the last parcel, #1000-035-1-24. 42.- Moved by Supervisor Wickham, -seconded by Councilwoman Oliva, PARCEL #1000-035-1-24 OWNER PROPERTY LOCATION JEM REALTY CO. North Side Route 25 c/o Kontokosta 564 Feet East of Sound (toad 34 West 54 Street Greenport, NY 11944 . . New York, NY 10019 WHEREAS,• the Master Plan of the Town of Southold and the recommendations of the Town's advisory Stewardship Task Force have increasingly emphasized the promotion of growth in and around the hamlet centers, to strengthen their business prospects while keeping open space and farmland undeveloped; and WHEREAS, the Town Board has examined and extensively discussed a report entitled "Review of Hamlet Density Zoning in the Town of Southold" dated February 1994 which assessed the appropriateness of the zoning of all undeveloped HD zoned properties in the Town of Southold; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold concludes that HD and R-40 zoning of this property are not . appropriate for the following reasons: 1. The cumulative impact of the recent rezoning of this parcel to HD raised concerns which prompted the review of all HD zoning to resolve inconsistencies in the placement of all these zones with the Town's comprehensive plan; 2. The .HD zoning of this site is not consistent with the Town's . comprehensive plan because it encourages high density residential growth at a significant distance from the nearest hamlet center of Greenport 'and encourages suburban. sprawl; 3. The development of an intense residential area near the key intersection of Route 48 and Route 25 has the potential for significant traffic generation and will weaken the strength and economic integrity of the Village of Greenport, a key hamlet to the Town as a whole. 4. The HD zoning is not consistent with the R-40 zoning to the west, the environmentally. fragile shoreline to the north, and the R-80 zoning east of the .adjacent HD property, which is also being proposed, for rezoning-to R-80; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold finds that rezoning this property from HD to R-80 is appropriate for the following reasons: 1 . R-80 is the base zoning.of the Town because it retains the open rural environment so highly valued by year-round residents and those people- who support the Town's economy.; 2 3 6 APRIL- 5, 1994 2. R-80 zoning is most consistent with the zoning on immediately adjacent properties; 3. •R-80 zoning can best protect those areas with sensitive environmental features, including aquifer recharge areas and possible endangered species and the bluffs; 4. R-80 zoning can best protect the irreplaceable scenic features. of this property, particularly the bluffs along the Long Island Sound. COUNCILWOMAN HUSSIE: Back in December, 1993, 1 did not vote for the zone change originally, and I'm going to vote for this, because I don't feel that there is, 'in three months, great vested interest in this zone change, that we gave them originally. Yes, to this one. 42.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No: Councilman Lizewski. This resolution was duly ADOPTED. 43.-Moved by Supervisor Wickham, seconded by Councilman Townsend; it was RESOLVED that the Town Board of the Town of Southold hereby commences the lead .agency coordination process in regard to the State Environmental Quality Review Act on the Type I action of proposed rezoning of the following described property on the Town Board's own motion from Hamlet Density (HD) Residential District and Low Density Residential R-40 District to Low Density 'Residential R-80 District: Tax Map #1000-035-1-24, owned by Jem Realty Co., containing 62.3 acres, and located on the north side of Route 25, 564 feet east of Sound Road, Greenport, New York. 43.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No: Councilman Lizewski. This resolution was duly ADOPTED. 44.- Moved by Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby creates a Southold Town Transportation Committee, to consist of nine (9) members, who will serve two (2.) year terms, effective immediately through April 5, 1996, and who will serve on said committee without compensation; and be it FURTHER RESOLVED that the Town Board hereby makes the following charge to the Southold Town Transportation Committee: Present to the Southold Town Board and the people of Southold Town a Transportation Model, including a comprehensive scenic byway/corridor management plan, which addresses the use and protection of local resources, and their impact on Town residents, for recreational and economic benefit through an innovative road-rail-waterways network, while maintaining the scenic, historic, and rural characteristics of the Town as well as to guide its subsequent implementation; and be it FURTHER RESOLVED that the Town Board hereby appoints the following four (4) individuals to the Southold Town Transportation Committee: Neboysha Brashich,- ' Robert Bayley, Margaret Brown, and Victor Brown, effective immediately through April 5, 1996. 44.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. - This resolution was duly ADOPTED. 45.- Moved by Supervisor 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 resumes for five (5) members of the Southold Town Transportation Committee who will have expertise in the following areas: (1 ) Private Sector - Marketing/Chambers of Commerce; (2) Business/Wineries; (3) Tourism; (4) Public Relations; (5) Transportation - bus, ferry, train, bicycle. 45.-- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, ' Councilman Lizewski, Supervisor Wickham. This-resolution was duly ADOPTED. APRIL 5, 1994, 23 46.- Moved by Justice Evans, seconded by Councilwoman Olvia, it was RESOLVED that the Town Board of theTown of Southold hereby assumes the responsibilitX for payment of the monthly charges,, effective April 1, 1994, for one 1) AT&T 911 telephone line which connects Fishers Island to Connecticut. 46.- Vote. of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 47.- Moved by 'Councilwoman Hussie, seconded by Councilman Townsend, WHEREAS, the Building Inspector of the Town of Southold has made a formal inspection of the premises owned by the Estate of Marjorie F. Straussner, and referred to as: Suffolk County Tax Map designation: District 1000, Section 34, ,Block 3, Lot 21, and also known as 450 Main Street, Greenport, New York, and thereafter prepared a written report thereon and filed the same in his office; and WHEREAS, it was determined by the Building Inspector that the building or structure on said premises is dangerous or unsafe to the public; and WHEREAS, the Building Inspector promptly thereafter served a notice on the owner, their agent, or other persons having an interest in said property, pursuant to the provisions of chapter 90 of the Southold Town Code; and WHEREAS, said notice required the owner of said premises within ten days from the date of service of the :notice to demolish the above described building and remove all debris, and the work shall be completed within thirty (30) days thereafter; and WHEREAS,. the owner of said premises has neglected or refused to comply with the provisions of said notice within the time specified therein; and WHEREAS, a public hearing on this matter was held by this Board on the 5th day of April, 1994; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS: 1 . That based upon the written report prepared by the Building Inspector and filed in his office, and upon evidence given by-.the Building Inspector at the hearing held on April 5, 1994, this Board does hereby determine that the building or structure located on said premises is is unsafe or dangerous to the public. 2. That the owner shall demolish the above described building and remove all debris within thirty (30) days of this date, April 5, 1994. 3. That in the event that the owner shall neglect or refuse to take down and remove the structure from said premises within the time specified in the proceeding paragraph, then and, in that event the Supervisor be and he hereby is authorized and directed to procure estimates for the removal of the building or structure on said premises and submit the same to this Board for its consideration as soon thereafter as possible. 4. That thereafter the Board shall, based upon such estimate, provide for the letting of a contract for the taking down and removal of the building or structures on said premises. 5. That the cost and expenses of the taking down and removal of the building or structure on said premises shall be collected by the Town of Southold in the manner provided for in Section 90-4 of the Code of the Town of Southold. 6. . It is further ordered that a certified copy of this resolution be sent by the Town Clerk to the owner of said premises by certified mail, return receipt requested, within three (3) days of the date hereof. 47.- Vote of the Town Board Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2 3 8 APRIL 5, 1994 48.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 22nd. day of March, 1994, a proposed Local Law entitled, "A Local Law in Relation to Wetland Applications"; and WHEREAS, the Town Board held a public hearing on the aforesaid proposed Local Law on . the 5th day of April, 1994, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it,.- RESOLVED that the Town Board hereby enacts Local Law No.- 2 - 1994 which reads as follows: LOCAL LAW NO. 2, 1994 A Local Law in Relation to Wetland Applications BE- IT ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 97 (Wetlands) of the Code, of the Town of Southold is hereby amended as follows 1 : Section 97-21 (G) is hereby amended to read as follows: G. Such application shall be accompanied by a current survey and topographical map of one year or less with contours at one foot two-foot intervals, showing the area from which the removal or in which the deposit of materials is proposed or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and 'topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical, control for elevations and soundings shall be based on the United States Coast and Geodetic Survey datum. 11. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions ** Understrike represents additions 48.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman • Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 49.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 22nd .day_ of March, 1994, a proposed Local Law entitled, "A local Law in Relation to Mooring Permits"; and WHEREAS, the Town Board held a public hearing on the aforesaid proposed Local Law on the 5th day of April, 1994, at which time all interested persons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that . the Town Board hereby enacts Local Law No. 3 - 1994, which reads as follows: LOCAL LAW NO. 3 - 1994 A local Law in Relation to Mooring Permits BE IT ENACTED by the Town Board of the Town of Southold as follows: I Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 32-39.3 (Mooring Permits) is hereby added to read as follows: A. The Town of Southold permits the installation of moorings for -boats in specified locations of Town waters. The use of moorings has increased to such an extent that the number of moorings have begun to impair the fragile marine environment in the surrounding Town waters. The Town Board therefore declares it to be the policy of the.Town to restrict and regulate the issuance of mooring permits as described herein. B. Resident Mooring permit. 1 . A resident mooring permit shall be issued by the Town Trustees to all persons who are qualified residents of the Town of Southold. Persons applying for a resident mooring permit shall be requested to sign an application in affidavit form and submit for inspection one of the following as proof of residence: APRIL 5, 1994 239 a. A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. b. A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. C. Such other proof of residence as is satisfactory to the Town Trustees. 2. The. Town Trustees shall inspect such application to determine that the applicant is a qualified resident of the Town. Upon approval of the application, resident mooring permit stickers shall be issued. One sticker shall be placed on the mooring and one sticker shall be placed on the boat secured to said mooring. C. Lessee mooring permit. 1 . A lessee mooring permit shall be issued by the Town Trustees to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in Section 32-39B hereof. Persons applying for a lessee mooring permit shall present an application in affidavit form, signed -by the lessee and the owner of the property, setting forth: a. The location of the leased or rented property. b. The persons occupying the same. C. The term of such tenancy. 2. • Upon a determination by the Town Trustees that the applicant is entitled to.a lessee mooring permit; such permit stickers shall be issued and affixed to the mooring and boat in the same manner as provided for resident permit stickers. 2. Section 32-39.4 (Moorings without a permit) is hereby added to read as follows: A. No person shall install or use a mooring in Town waters without a mooring permit issued by the Board of Trustees of the Town of Southold. B. Any mooring without such a permit shall be removed upon notice from the Southold Town Trustees or its designated agent, which notice shall be by written notice posted on the mooring and on any boat attached to said mooring. C. • If such mooring is not removed by the owner within thirty (30) days after the posting of said notice; the Southold Town Trustees or its designated agent may direct the removal or destruction of the mooring and the cost of said removal, including storage charges for any boats attached thereto shall attach to and shall become a lien upon said property, and said property may be sold, upon direction of the court, at public• auction to defray said expenses, any surplus being returned to the owner of record. The Town shall not be liable for any damage done to .said mooring or any attached boat during its removal, storage and sale. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions 49.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was declared duly ADOPTED. 240 APRIL 5, 1994 SUPERVISOR WICKHi4M: Do you wish to proceed with the next one.? COUNCILWOMAN HUSSIE:' Maybe we should have a little discussion about it before we do something. What do you think? COUNCILMAN TOWNSEND: I'd like to put it up, and then make a comment on it. . .......COUNCILWOMAN HUSSIE: It's not the end of the world, although I really think we ought to. consider the comments, that had, not in relation to this particular part of it,, ,adding the places and sites part of it, but the fact that it has no teeth. SUPERVISOR WICKHAM: Alice, let's put it up, and let's address it, first tonight with whatever comments we may have as a Board, and subsequently, we can take it up, and deal with it as a separate matter. 50.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, WHEREAS,, there was presented to the Town Board of the Town of Southold, on the 22nd day, of March, 1994, a proposed Local Law entitled, "A Local' Law in Relation to Landmark Preservation"; and WHEREAS, the Town Board held a public hearing on the aforesaid, proposed Local Law on the 5th day of April, 1994, at which time all interested person were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 4 - 1994, which reads as follows: LOCAL LAW NO. 4 - 1994 A Local Law in Relation to Landmark Preservation BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 56 (Landmark Preservation) of the Code of the Town of Southold is hereby amended as follows: 1. Section 56-2 (Purpose) is hereby amended to read as follows: The Town Board finds there exist in the Town of Southold places, sites,, structures and buildings of historic or architectural "significance, antiquity,, uniqueness of exterior design or- construction, which should be conserved, protected and preserved to preserve the architectural character of Southold Town, to contribute to the aesthetic value of the Town and to promote the general 'good; welfare, health and safety of the Town and its residents. Therefore, it is the purpose and policy of this chapter to establish a Landmark Preservation Commission and procedures which it can follow to assist Southold Town and owners of places, sites, buildings and structures in order to conserve, protect and preserve such places, sites, structures and buildings thereby preserving the unique character of Southold Town, which will substantially improve property and commercial values in the Town and make its hamlets even better places in which to live. 2. Section 56-3 (Definitions) of the Code of the Town of Southold is hereby amended by adding thereto the following: HISTORIC DISTRICT - Any area which contains places, sites, structures or buildings which have a special character and ambience or historical value or aesthetic. interest and which represent one 1 or more- periods or styles of architecture of an era of history and which cause such area: to constitute a distinct section of the Town. STYLE OF ARCHITECTURE- Style recognized by one (1) of the following organizations: 1. The National Register of Historic Places. 2. Historic American_ Buildings Survey. 'APRIL 5, 1994 241 3. Historic American Engineering Record, United States Department of the Interior, National Park Service. 4. Division for Historic Preservation, New York State Office of Parks and Recreation. 5. National Trust for Historic Preservation. 6. Society of Architectural Historians. 3. Section 56-3 (Definitions) is hereby amended by changing the following to 'read as follows: HISTORICAL SIGNIFICANCE - The quality of a place, site, building, district or structure based upon its identification with historic persons or events in the Town of Southold LANDMARK - Any .place, site, 'structure or building which has historical or architectural-signifieance-value or aesthetic interest by reason of its antiquity or uniqueness of architectural design or as part of the development, heritage or cultural characteristics of the Town, County or nation. 4. . Section 56-4(A) (Landmark Preservation Commission) is hereby amended to read as follows: A. There is hereby created a Landmark Preservation Commission for the purpose of conserving, protecting and perpetuating historic landmarks and districts in accordance with the purposes of this Article. The Commission shall consist of seven (7) members to be appointed by the Town Board, to serve without compensation. 5. Section 56-5(B) (Duties of Commission) is hereby amended to read as follows: B. Recommend places, sites, buildings, structures and historic districts to the Town Board for landmark designation in accordance with the provisions of Section 56-6 hereof. 6. Section 56-6(A) (Designation of landmarks) is hereby amended to read as follows: A. Selection of places, sites, buildings, structures and historic districts for landmark designation shall be determined on the basis of historical and/or architectural significance. 7. Section 56-6(B) is hereby amended to read as follows: L B. . In considering places, sites, buildings, structures, and historic districts for possible landmark designation, the Commission shall comply with the following procedure: 8. Section 56-6(13)(1.) is hereby amended to read as follows: 0) Prior to recommending to the Town Board that a place, site, building,' structure or historic district be designated as a landmark, the Commission shall give written notice to the owner(s) of the property, as shown on the last completed town assessment roll, that the Commission is considering recommending to the Town Board . that the place, site, building or structure be designated as a designated landmark or historic district. Such notice shall request that the owner(s) consent to such designation by signing and returning the form of consent enclosed with the notice. Such notice shall also indicate that if the owner(s) objects to such designation or desires further information, the owner(s) may return the form enclosed with the notice, which requests that the owners and/or representatives) seeks a meeting with the Commission within thirty (30) days from the receipt of such requests by the Commissioner. 24 2 APRI L 5, 1994 8. Section 56-6(B)(2)(a) is hereby amended to read as follows: (a) The owner consents in writing to such designation; or, with respect to an historic district, fifty-one percent. (51%) of the property owners in the proposed district consent in writing to such designation; 9. Section 56-6(B)(2)(b) is hereby amended to read as follows: (b) The owner, within thirty (30) days from the receipt of the notice specified in Section 56-6 (13)(1), has..- failed to notify the Commission of his/her objection to such designation or failed to request a meeting with the Commissioner. 10. Section 56-6(B)(3) is hereby amended to read as follows: 3. When the Town Board receives a recommendation from the Commission that a place, site, building or structure be designated as a landmark, or an historic district be designated, the Town Clerk shall give written notice thereof to the owners) of the property, stating the time and place when the Town Board will meet to consider the question of the landmark designation of such place, site, building, structure or historic district. Such notice shall also state that the owners) shall be given 'an opportunity to be heard at such meeting. 11 . Section 56-6(C) is hereby amended to read as follows: C. The designation of property .as a designated, landmark or historic district by the Town Board, pursuant to the provisions of this chapter, shall not impose any obligation or responsibility upon the owners thereof, nor shall such designation in any manner restrict or .limit the use, development, repair,' maintenance, alteration or modification of the property by the owners thereof. 12. Section 56-8 (Termination of landmark designation) is hereby amended to read as follows: Whenever a designated landmark or historic district is destroyed or its exterior is altered to such an extent that it ceases to have architectural significance, the Town Board may, by resolution, direct that the it be removed from the Register of Designated Landmarks. Prior to taking such action, however, the owner shall be given written notice of such proposed action and shall be given an opportunity to appear before the Town Board and be heard thereon. 13. Section 56-9 (Severability) -is hereby amended to read as follows: Each of the foregoing provisions of this chapter has been adopted to an endeavor to preserve and extend the public welfare by preserving the characteristics of historic and/or architecturally significant places, sites, structures or districts. In the event that any portion of this chapter shall be determined invalid, such determination shall not affect or result in the invalidly of any other provision contained in this chapter. II . This Local law shall take effect upon its filing with the Secretary of State. * Underscore represents addition(s) �`* Overstrike represents deletion(s) APRIL 5, 1994 2.4 COUNCILMAN TOWNSEND: I'd like to make a comment. Tom, the only negative comment. .there were two negative comments from different ends of the spectrum. One primarily indicated that if wasn't worth doing the law, because it didn't. have enough power, you know, it didn't protect the Landmark, and so forth, and the other`side was that this fellow, Mr. Rich, felt that he was concerned about the rights that it gave the Landmark Commission. The provision he talked about, the eight day review by the Building Department, is not a subject of this law. That's already in law, and what that does' basically is if someone has allowed his property to be designated a landmark, and if he applies for a building permit, it allows the. Landmark Commission eight days to look at the building permit. It doesn't give them any rights to change it. It allows them to look at it, and to contact the owner, and make suggestions. If he chooses to accept them, that's .fine. If he doesn't, that's fine, also. That is not a part of this law. This only expands definition of landmarks to places, sites, and historic districts. We also eliminated, for instance, if someone wants to change .a building in a historic district, they do not have the. .it's not the same thing regarding the Building Inspector. In other words, if someone has a new building in a historic district, they do not have the right to review it. The Building Inspector can't put it in front of the Commission, because it's not itself a landmark, so simply by the fact that you're in a district means you don't have to have your building permits reviewed by the Commission. So, that's why' I'm in favor of this. .SUPERVISOR WICKHAM: Any other Board members wish to address this before we vote on it? 50.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman ' Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. SUPERVISOR WICKHAM: That's all the resolutions for tonight. Are there comments from the audience on any matter, that is of importance to you? PHIL VANBOURGONDIEN: Phil VanBourgondien. I took a little piece out of the paper tonight, that disturbed me considerably. The salaries, and the pay scale of the elected, and salaried employees of the Town of Southold. For the efforts that some of them put in is extremely underpaid, and I say that, because today I cut out a piece that said that the Superintendent of the New York State Police, a new man just being hired, is being paid $95,000.00. 'He oversees 4,000 Policeman at a budget of $250,000,000.00. When our Chief of Police makes just about the same amount with forty-7-three. men, he makes probably twice as much as our very efficient, and. hardworking Town Clerk, and the second in command is just under him, I think we had better take stock. This Town is going to be in tight financial situation by the end of this year, and I know that the answer that I get most of the time is, well, it's Union contracts. When Union contracts come up it's time that 'we do something. It's a sad commentary, when 43 men are governed by a $91,000.00 salary, and here a man with 4,000 get $95,000.00. 1 thank you. SUPERVISOR WICKHAM: I'd just like to say that I share, and I think the Board shares the sense of frustration, that you've expressed, and many of us feel. We haven't discussed how we're going to address that on the Board, but we will address it in one fashion or other, and we'll look to you, and others, in the town, who will help us to address it. FRANK CARLIN: Frank Carlin, Carlin Watchdog Group. Here I'm looking at all those resolutions tonight about changing the zoning, a couple more millions, and we could have a new Master Plan. Oh, he's making $92,000.00. 1 see. that New York State Supreme Court favored the decision for the Mattituck car dealer. It makes you stop and think, and if ,you just stop to think a little bit about zoning codes, how you're changing them, how you get yourself in trouble, because you know, the Constitution is very broad. It can be used in many ways, and you can only push some people so far, and come up against the wrong one, they'll go all the way. It's a �} `t APRIL 5, '1994 .shame that. ,this man, who is trying to sell used cars, had to go that far, but. it proves .a point.. I guess the judge told him, to get their act together, Article. 78. But it gives you food for thought to stop to think, when you , start' playing around with changing where businesses can go. That's :one subject. I want to add one more thing to it. When we do have a legal problem brought up in court, and somebody challenges the town, the ones who . suffer for it is the taxpayers, because they're the ones who have to pay for the legal fees. You should keep that in mind in the future when .we start changing Zoning Codes to restrict a business, maybe someplace, or . not another place, you know. Oh, Tom, this new computer system of= yours, ,.this LINCT, it's a new computer, system I' read in the paper, that you're going_ to put into effect, at least fifty, sixty computers, that, you got from LILCO. Where they given to you, or are you going to buy them? SUPERVISOR WICKHAM: I'd like to address that. There's a misunderstanding in the paper. They are not coming to the Town of Southold, and the Town of Southold is not a formal participant in this program. The Long Island Lighting Company has let it be known, that they are going to make these surplus computers available. They're not going to be made -available- to the Town, but they're going to be available on some basis between. LINCT-East, and the Lighting Company, to qualified people, and the Town of Southold is not going to play a role in that. FRANK CARLIN: You're not getting involved in that? SUPERVISOR WICKHAM: We're not getting involved in that. FRANK CARLIN: I was going to ask you the question here, but I'll tell you what I was going to ask you. Like the fifty residents, how were going to. define who was going to give these computers to out of 20,000 people, but you don't have to do that now, right? SUPERVISOR WICKHAM: That's right. FRANK CARLIN: So you're off the hook, right? SUPERVISOR WICKHAM: I'm off the hook, Frank, you're back on. FRANK CARLIN: I have three more minutes, a couple more minutes anyway. 11m. going to 'stick out one more thing here. I'll keep these things short. I read in here, lights out in Southold, Task Force said lights out in Southold here. It made me laugh when I read the heading of it. Make the night sky more suitable for star gazing. Man, if that don't make me laugh. Put the lights out, and look at the stars. Man, that really catches me. In the first place there's a lot of working people in the Southold. We don't have time to gaze at the stars. If -you're going to start putting lights out in the business areas after hours, and putting lights out in the parking lots after hours, for instance. A&P, or shopping centers, or even that parking lot behind the North Fork Bank in Mattituck there, you're going to start putting all these lights out, and .you want to try to reduce crime here, and as far as the business people go, if they stand for this, to tell them they have to put their lights out after working hours, then Southold is going to be in bad shape, and I say where is that Chamber of Commerce here? I'm not done yet. (tape change. ) You're going to use taxpayers' money to go around change all the watts in the street lights, because there's too much light here, that you can't look at the sky? Where do you come up with all this jazz here, you know? It's disgusting here, Tom. I've lived in this town for forty years. I never seen things like this before in my life. SUPERVISOR WICKHAM: Frank, with all due respect, the Board is not taking up that issue. We haven't, dealt with it. It's not on. . FRANK CARLIN: It says . here you're going to be looking into it, and you're going to be taking action on these two items, right in.the paper here. SUPERVISOR WICKHAM: When that comes, you keep us honest, but we haven't got. . APRIL 5, 1994 245 FRANK CARLIN: I trying to get you ahead of time, and maybe give you a little food. for .thought here, you know? Af you take the street lights away, we don't have enough now when it's raining, and it's fog, and it's snow. I traveled on all this for thirty years. I know what these street lights are like, and you're going to start telling people how long they can keep their lights on in the town there, the business people. I mean, we don't get anything for our taxes as it is. Give us something for our taxes, but this Stewardship to me, and I'd like to get into the Stewardship this evening, but I'm going to keep it short. I got something I want to speak about -on them, too, but I might decide, being I have the right to, to came back up here, again, after everybody else is done tonight, because I have the right to .speak on any subject for the amount of time that you say Vm allowed, and 'the way you say it is, on any subject, so that gives me on any subject I'm allowed five minutes. I'll give .it to somebody else for, now, but I might decide to come back. SUPERVISOR WICKHAM: Thank you, Frank. MARY MULCAHY: Mary Mulcahy, Conservation Chair North Fork Audubon. Resident of the Village of Greenport. Recently North Fork - Audubon and NFEC came together to work on a joint project to provide a bird sanctuary in Southold Town. Rachel Baldwin of NFEC, and I, met with Jim McMann, Community Development Director, to post project off Bridge Lane, that the Town is about to purchase. During our meeting we discussed the possibility of extending , this project to other Town owned properties, and establishing an ongoing habitat reformation program. This program would involve local environmental organizations, and volunteers working in concert with the town to regreen areas by planting trees, and providing bird boxes, to help re-establish species, such as the Eastern Bluebird. We discovered during the course of our conversation with Mr. McMann, that there was no comprehensive plan regarding the management of vacant land owned by the Town. The North Fork Audubon believes in the importance of working with the community in solving our pressing environmental issues. Providing more habitats for wildlife enriches the quality of life on the. North Fork. As a representative of North Fork Audubon I would like to request that the Town establish a management plan, that would outline guidelines regarding the designated use, and maintenance of _vacant property owned by the Town. The creation of a management plan . will save on planning headaches in the future, and provide a framework to allow for the possibility of projects such as ours. Thank you for your time. SUPERVISOR WICKHAM. : Thank you, Mary. Any other comments from the audience? TOM SAMUELS: A very brief comment. Tom Samuels, again. I find that Councilwoman Hussie's comments about the new zoning were quite appropriate. I think that the socioeconomic impact of what we're doing here has to be considered. I talked to a prominent banker today, who described the economy of Southold Town as actually being in an depressed state, not a recessed state, a depressed state. The inroads of the winter have been particularly significant in this town. The perception is growing unavoidably I suppose, that the concern of the businessmen is necessarily a hard priority. What we're seeing is, as Riverhead builds , as the discount stores come in, as the Home Depots. come in, etc., etc., that our, so called, mom and pop businesses, which is what Southold really is all about, of being effected, and we have to be very careful that we don't discourage them in any way. Perceptions are everything, and the perception exists from the number of phone calls, and conversations, that people have engaged in, that this is a. case. Now, this is something we want to avoid. As far as the re-zonings are concerned, certainly nobody can quarrel with the. desire for open space, and I certainly wouldn't argue with it. I do find, however, it strange that the limited small acre zoning that we have, it would seem to preclude those people that can't afford to do a concise piece of property, so that's a problem that I see. I don't mean to be negative, completely negative. I share the belief that we should have open space, but I'd like it from the landmark decision by the man, who I consider the Supreme Court Justice, that I most admire, Oliver Wendell Holmes. I certainly think it's applicable here. This is a famous law case. We are endanger of begetting that a strong public desire to improve the 2 T 6` APRIL '5, 1994 public .conditions is not enough to warrant achieving the desire by a shortcut than the constitutional way of paying for the change. So, I think we have to look at some of the people, that are being effected by the resolutions, and the desires of the people, and make sure that we protect those that are effected in some way to the best of our ability. .It is real important to the small business community at the inroads that have occurred in recent months, and. which will be very evident come Spring, when things should be going, are going to be very apparent. Thank you very much for your time. SUPERVISOR WICKHAM: I'd- like to respond` to that very briefly. I also have been talking to a prominent banker, and I wouldn't be surprised if it's the same man, I'm also aware, and I think the whole Board is aware of the difficult economic situation, that we're in here. The man I spoke to particularly endorsed, and . strongly recommended, the direction that this Board is taking, a direction to strengthen the business community in the existing village .centers, and the motions, that the Board passed today are all in the direction of strengthening the businesses. I want to make it clear, although there is a side of the coin, that will preserve open space in between the villages, for myself a major motivation in endorsing this legislation, and moving it, is specifically to strengthen the businesses where they are important in this town, naming in the village centers.. In the long term that's what we'll promote, the welfare of our people, a stable tax base, that is not going to continue spiralling out of control, will provide business opportunities for our people, and growth, economic growth, for the future. That is what-is my motivation in these motions, that we've taken up tonight, and I might add, additional motions, that we hope to put to this Board in the future. Are there any comments from the audience? FRANK CARLIN: You have to reach a happy medium, open space, and the businessmen. I'm for the business people. They have to make a living. When they make a living, it's our economy is right here, but we have to protect the businessman, too. You said something kind of funny here, when you said you can't stop businesses from coming into the town. Well, we can't stop businesses from coming into the town. The more business comes into the town, the more jobs there is for people. That means the economy goes ,along with that, but I'm for the business people. More power to them. We need that in the town. I will always be for the business people. SUEPRVISOR WICKHAM: Thank -you, Frank. Any other comments from the audience? Yes, sir. JIM HICKEY: Jim Hickey from Mattituck. I have one question. In the papers the other day, about the Burger King scam. Are you doing anything about it? COUNCILWOMAN OLIVA: You mean as far as Burger King International, the International Burger King, knowing anything about it? I don't have enough information to tell you whether they know anything. about it or not. I had a call yesterday from the P.R. Director in Burger King in Florida, just wanting to know what the situation was, and I told him, and I have to wait and see what happens. JIM HICKEY: According to Mr. Cuddy's statement. . COUNCILWOMAN OLIVA: I. know Mr. Cuddy's statement. I listened to his remarks on tape, and also, I heard what he had to say to Melissa the next day, and I conveyed exactly what he said, and that to the public relations man from Burger King in Florida. JIM HICKEY: Has Attorney Dowd looked into it? I believe there's, a Penal Law violation, ' a General Business Law violation, parties conspired. Right? Knowingly, willfully, maliciously, to submit a fraudulent application for a permit to the Town Zoning Board. Am I correct? APRI L 5, 1994 247 COUNCILWOMAN OL13VA: May I just answer that? Well, not exactly. We don't know that just yet. •The application, and I've looked at the application form, and the SEQRA form, and so forth, the application was made under the name of CoFam Realty of ' Patchogue, not for Burger King. The application, the most important thing, the application was made in the name of CoFam Realty. That is the most important. Whether the plans show the Burger King, or what have you, is almost irrelevant. Mr. Cuddy stated at that meeting, that he was paid as a response to Miss. Fletcher, and Miss Levy., that he was paid by CoFam Realty, and a franchisee of Burger King. The next day he spoke to Melissa Spiro, and said that he was, again, reiterated that he was paid by CoFam Realty, and by a franchisee of Burger King, which had paid $5,000.00 to the regional Burger King, in New England. Now, let me do just one thing further.. You-- may heard, because there's a lot of controversy, and stuff, about McDonald's and Burger King, there are two methods of ownership of a Burger King, -or McDonald's. One is owned directly by the corporate facilities, itself. The second one is a franchisee. Now, I assume that the corporate will look into the regional office, and get back to the Planning Board or myself, they have my name, if there is any problem. JIM HICKEY: Wouldn't that be an infringement on Burger King's logo, and stuff? COUNCILWOMAN OLIVA: They can only do it if the franchisee is able to get permission from corporate Burger King. JIM HICKEY: I personally think the whole matter should be referred to the District Attorney of Suffolk County, and as far as Mr. VanBourgendien, the State Police salary is set on an average of all Police Departments statewide. Follow me? A Police Chief, say, in Watertown, makes $20,000.00 a year. Southold happens to be part of Long Island, which is. the Metropoitan area. That's why the salaries are so high. PHIL VANBOURGENDIEN: That has no bearing on it, because the Commissioner of the State Police of the State of New York is paid by the State of New York, SUPERVISOR WICKHAM: It's almost ten o'clock. Why don't we pull this to a close? I appreciate your comments. They're in the record, and we'll take them up in regard to. Burger King. Thank you for. being here. Are there any comments .from members of the Board? COUNCILMAN LIZEWSKI: I'd just like to say, that I'm glad that, Tom, that you and cohorts are going to help decrease the size of this book to help business out in the future, because decreasing the size of this book is the only way that business can move through this plotting bureaucracy, that we've created over the last 25 years. I'm glad to see you're going to be working toward that. SUPERVISOR WICKHAM: Thank you, Joe. Alice? (No response. ) Anybody from the left? Joe? Louisa? I would just like to very briefly remind, whose left in the audience, that Saturday morning beginning at 9:00 o'clock lasting .y until 4:00 o'clock, will be a very exciting opportunity to participate in the planning of Southold Town. You've heard tonight some of the heat that is generated by planning questions in this town. Saturday is an opportunity for you, and for the people of this town, not just the Board, to have a voice in the direction of planning in hamlets where you live. Southold High School, nine o'clock in the morning, lunch will be served for a small fee, to help shape the planning framework for the villages of this town. Thank you. Do I hear a motion for an adjournment? Moved by Councilwoman Olvia, seconded by Justice Evans, it was RESOLVED that .the Town Board meeting be and hereby is adjourned at 9:55 P.M. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Judith T. Terry Southold Town Clerk