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HomeMy WebLinkAboutTB-09/06/1994 48 SOUTHOLD TOWN BOARD SEPTEMBER 6, 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 P. Dowd. 9:10 A.M. - Edward Siegmann, representing senior citizens, met with the Town Board to urge them to increase the senior citizen exemption from the current income limit of $16,825 to the New York State established income level of $21,300. Also in attendance was Chairman of the Board of Assessors Scott Russell who recently prepared a breakdown of the impact on the tax rate should the Town Board consider raising .the income limit to the State ceiling amount. Mr. Russell also explained the tests they are required to employ to determine qualification for an exemption. It was agree that Supervisor Wickham would inquire of other taxing entities in Southold Town, as well as surrounding towns to determine whether they are considering the increase. 9:40 A.M. - Oak Gentry, representing Louis Bacon, owner of Robins Island, spoke to the Town Board about Mr. Bacon's request to locate a temporary construction/office trailer on his property in New Suffolk, and two similar trailers on Robins Island for a period of six months (see resolution no. 19) . .9:50 A.M. - Representatives from the Stewardship Task Force TDR Sub-Committee - Joe Fischetti, Michael Zweig, Greg Palast, and Tom Samuels, Jr. , met with the Town Board to fully explain their position on TDR's, based upon their considerable research and experience in the field. 9:45 A.M. - Solid Waste Issues: The Town Board met with Solid Waste Coordinator James Bunchuck with regard to the issue of waiving Disposal Area fees. Supervisor Wickham submitted a proposal to review each request on a case by case basis, with the criteria that waivers be limited to organizations not engaged in fund-raising activities, and where granting the request would elicit voluntary actions in support of Town objectives and would cost the Town more money than the value of the fees wavied (see resolution no. 21) .----William Coster, summer intern at the Disposal Area, made a verbal report to the Town Board on his work over the summer. One of his major accomplishments was a potato composting program, for which he secured a permit from the DEC after considerable research and investigation to formulate the program.---- Justice Evans brought 'the Board up to date on 'the progress with the bid specifications for the Fishers Island Metal Dump. The Board tried to estimate the percentage of metal recyclable, metal non-recyclable, C6D and MSW in the dump. Supervisor Wickham will research this with Fagan Engineers to arrive at a formula and report back to the Town Board at the September 20th meeting. 11 :30 A.M. - -Planning and Zoning Issues: Discussed proposed "Local Law in Relation to Bed and Breakfast Facilities" and after a revision ': of the intent, placed resolutions (22 6 23) on the agenda to declare that the law will not have a significant adverse effect on the environment, and to transmit it to the Town and County Planning for recommendations and reports.----Reviewed again the proposed "Local Law in Relation to Signs", and placed resolutions on the agenda (24. 8 25) for the Board- to declare that the law will not have a significant adverse effect on the environment, and to transmit it to the Town and County Planning for recommendations and reports.----Proposed (SEPTEMBER 6, 1994 49, . "Local Law in Relation to Aquaview Avenue" was discussed, and placed on hold pending a study on parking at road ends.----Reviewed proposed "Local Law in Relation to Lighting", and placed resolutions on, the agenda (26 8 27) to declare that the law will not have a significant adverse effect on the environment, and to transmit it to the Town and County Planning for recommendations and reports. 12:30 P.M. - Recess for lunch. 1 :50 P.M. - Work Session reconvened and the Town Board continued Planning and Zoning Issues: Placed resolutions on the agenda (29, 30, 31) declaring that a "Local Law in Relation to Wineries" will not have a significant adverse effect on the environment; set 8:0.0 P.M., September 20th for a hearing on that law, and set 8:05 P.M. , September 20th for a public hearing on a- "Local Law in Relation to Public Entertainment and Special Events." 2:00 P.M. - Personnel Issues: Placed a resolution (no. 32) on the agenda to appoint Tracy LePre as a School Crossing Guard.----Policy and Finance Issues: Councilwoman Hussie submitted a proposed revision to the Annual Statement of Financial Disclosure to be incorporated in the proposed Code of Ethics.----Reviewed a proposed amendment to the Southold Town Procurement Policy, and placed a resolution (no. 33) on the agenda to adopt it.----Discussed the memorandum from Supervisor Wickham and Southampton Supervisor Thiele with regard to a. feasibility study for municipal electric utility. They propose that all. towns with an interest in establishing a municipal electric utility address them together, and' believe the resulting product would be of better quality and could be financed . from a broader constituency. The: memorandum is an invitation to any other towns which wish : to be involved to associate in the effort. 2:35 P.M. - Other items discussed: Proposal from the North Fork Animal Welfare League for a new Animal Shelter was held, due to the short amount of' time remaining for the work session, to be discussed on September 20th.----Supervisor Wickham advised that. he wishes to reduce the number of Town Board members on the Police Committee, and will appoint only Councilpeople Hussie, Townsend and Oliva during the regular meeting (see no. 34) .----Supervisor Wickham briefed the Board on the format for the proposed League of Women Voters meeting to discuss Human Services. He will gather data on the Town services and invite the program providers to meet'. with the Board and discuss their services.----Supervisor Wickham advised that the East End Supervisors have formed an East End E911 consortium, and Southold Town will manage the accounting.----Lastly, the Board reappointed certain members to the Tree Committee - (resolution no. 35), and authorized the Town Clerk to advertise for resumes for three replacement-members (resolution no. 36) . 3:00. P.M. The Town Board reviewed the resolutions to be voted on at the 4:30 P.M. Regular Meeting. 3:15 P.M. - On motion of Councilwoman Hussie, seconded by Councilwoman Oliva, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Wickham, Councilman Lizewski, Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town Attorney Dowd.----The Board discussed litigation, possible purchase of property, and met with Special Counsel Frank Isler, and Tom Twomey to discuss the Southold/DEC settlement of the litigation on the Long Island Landfill Law. 4:28 P.M. - Work Session adjourned. 50 REGULAR MEETING A Regular Meeting of the Southold Town Board was held on September 6, 1994, at the Southold - Town Hall, Main Road, Southold, New York. Supervisor Wickham opened the meeting at 4:30 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 Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: I declare the Southold Town Board's regularly scheduled open. I'm pleased to see some old friends, and it's a pleasure to get started. Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the following bills be and hereby ordered paid: General Fund Whole Town bills .in the amount of $38,995.30; General Fund Part Town bills in the amount of $14,151 .29; Adult Day Care bills in the amount of $331 .59; SNAP Program bills in the amount of $65.00; Highway Fund Whole Town bills in the amount of $4,645.36; Highway Fund Part Town bills in the amount of $4,278.28; Open Space Capital Fund bills in the amount of $3,300.00; Lighting/Heating Capital A/C bills in the amount of $6,834.09 cr.; Sweeper 8 Payloader, Capital bills in the amount of $97,200.00; Employee Health Benefit Plan bills in the amount of $22,052.12; Fishers Island Ferry District bills in the amount of $78,805.65; Refuse 8 Garbage District bills in the amount of $1,781 .48; Southold Wastewater District bills in the amount $70.00; Fishers Island Sewer District bills in the amount of $635.00; Southold Agency 8 Trust bills in the amount of $2,311 .00; Fishers Island Ferry District Agency E Trust bills in the amount of $911 .80. Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the minutes of the August 23, 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. Moved by Councilwoman Oliva, seconded by Councilwoman Oliva, it was RESOLVED that the next meeting of the Southold Town Board will be at 7:30 P.M., Tuesday, September 20. 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: I think you all have copies of the agenda. I hope' you do.. You will notice that there is a series of of reports followed by some communications, and then there is a series of items .for discussion. The back page- is a page of the Order of Business in which the For Discussion items was taken up, and I'd like to summarize very briefly, as is our practice now, some of the items that were discussed this morning, and this afternoon, during our Work Session, because they were in some sense the most interesting parts of our deliberations today. At 9:00 o'clock we had an appointment with Mr. Siegmann, who proposed that the Town. increase the limit for senior citizens on which property tax reductions' could be achieved. At the moment tax reductions, or exceptions, stop at' SEPTEMBER 6, 1994 51 income of about $16,800.00 a year, and the proposal is to increase that exception limit to $21,300.00 in accordance with New York State Law. The Town is going to look into that, and see what other school districts, and other taxing districts in the town are doing, and discuss it again two weeks from today. At 9:45 there was a discussion about the Transfers of Development Rights, and how the Town should approach the issue of TDRs as recommended by the Stewardship Task Force to us. Transfers of Development Rights, as you may know, is an opportunity by which development credits can, be transferred from farmland, leaving that land stripped of it's, development potential, and can be purchased by people who own. property in areas where growth and development is being proposed, or promoted. The receiving areas, or those areas where it would promoted, would largely in and around the existing hamlet centers of the town. The Stewardship Task Force Committee on TDRs gave us the benefit of their views, and their experience, how they think the Town should proceed. We heard a discussion from our summer intern, Bill Coster, at the Cutchogue Landfill, who outlined to us how he spent his work as an intern for the Town this summer. It was a very interesting description of a proposal to deal with the waste potatoes, or the culls, or pick out potatoes, that come out• of the potato industry here on the North Fork. Those culls usually wind up at our Landfill. In the old days that was no significant problem, because we could just landfill them. Now, we have to get rid of them at the contracted cost of sixty some dollars a ton. That's a significant cost. Our intern- has come up with a proposal by which ,they would be composted together with other yard waste, and could then be safely reapplied to the ground, saving the Town some $35,000.00. We had a discussion about the Fishers Island Metal Dump, and how we will proceed in awarding the bids for renovating through reclamation the waste that is in that Metal Dump. The former Board committed the Town to cleaning up that Metal Dump, to closing it in some satisfactory way. ' This Board is exploring the different ways to do that, as cost effectively as possible. The remaining items,' that were taken up in the Planning and Zoning, I believe almost all of them are on for resolutions tonight, so I don't think I really need to discuss them at this time. At 1 :30 we had a discussion about the proposed Ethics Code, and Alice Hussie has prepared for us, I guess, a some what simplified format for disclosure purposes, which we'll be reviewing in the next couple of weeks, and discussing the next time we meet. Procurement procedures is on for resolution. Proposed utility feasibility study, you may know that Alice has been a 'strong proponent of a municipal electric utility for the Town of Southold, that would generate electricity here, and help the residents of the town escape the high costs of electricity charged by the Long Island Lighting Company. In- a previous Board meeting a proposal for doing a feasibility study for the Town, that would help the Town figure out how to proceed. They submitted their proposals to us, and subsequent to that, Alice and I attended a meeting of the East End Supervisors and Mayors Association, in which all the municipalities 'on Eastern Long Island, the five East End towns, were acquainted with what is involved in such a study, how to undertake it jointly, and how to finance that study jointly in as much as the key issues are really joint issues; that all the towns would face, not just any one town, so we now have that proposal, and Southold together with the other four East End towns will be looking at that collectively. Finally, I would just mention that also at that same meeting, there was quite a bit of discussion, and a resolution of the East End Mayors and Supervisors Association to undertake jointly an enhanced 911 Emergency telephone service. This Emergency E911 Service would treat the five East End towns, and the eight incorporated villages in those towns, basically as a consortium of towns, such that we, the towns, could undertake an E911 service. We could ask- the NYNEX Corporation to, please, design for us a good E911 system to serve all of our municipalities. At the current time only Southold Town has Enhanced 911 . NYNEX would be asked to design that system for. Southold, for Riverhead, for all of the South Fork, in an optimum manner suitable for those towns. The Town of Southold would act as a secretariat for it, would receive the funds from NYNEX, which NYNEX could collect through a surcharge on subscribers, remit to the consortium, and then the consortium in turn would turn them over to those towns incurring costs. Like, for example, if Riverhead has it's own dispatching service, and charges, we could help finance it in that manner. . There are other things that we talked about today, but I'm not sure if I should take anymore time.. It was a very fruitful and productive Work Session. It's rather too bad that some of the flavor and interest, and sort of give and take of discussions, that we had in the Work Session isn't reflected more fully during our formal meetings, which began today just after 4:30. 52 SEPTEMBER 6, 1994 I. REPORTS. 1 . Southold Town Community Development Monthly Report for .July, 1994. 2. Southold Town Scavenger Waste Treatment Facility Monthly Report of August, 1994. 3. Southold Town Building Inspector Monthly Report for August, 1994 4. Southold Town's Program for the Disabled August, 1994, events. 5. Southold Town Clerk's Monthly Report for August, 1994. 6. Southold Town Justice Tedeshi's Monthly Court Report for August; 1994. II . PUBLIC NOTICES. 1 . Corp of Army Engineers, New York District, application of Wunneweta Pond Association to dredge material with. ten years maintenance from Wunneweta Pond, Little Peconic Bay at Cutchogue, New York with upland disposal. Comments to be received by September 19, 1994. i 2. Corps of Army 'Engineers, New York District, application of Walter Green to construct a pier with a ramp leading to a . float secured to four pilings. Project located in Jockey Creek, Southold, New York. Comments to be received by September 20, 1994. 3. Corps of Army Engineers, New York District, application of Nunnukoma Waters Association, Inc. to reconfigure an existing basin with private recreational pier assemblies to a main float accessed by a fixed walkway and a walk ramp. III . COMMUNICATIONS. None. IV. PUBLIC HEARINGS. 1 . 5:00 P.M., on a proposed "Local Law in Designation of Parking Areas on Cagens Landing Road and Little Neck Road." 2. 5:05 P.M., on a proposed "Local Law .in Relation to Scallops". V. RESOLUTIONS. SUPERVISOR WICKHAM: We turn now to the various resolutions, that the Board will be considering this afternoon. You have an agenda in front of you about what those resolutions entail, and everyone in the audience is accorded an opportunity at this time to address the Board on any matter that we will be taking up in our resolutions today. So, is there any out there who'd like to give the Board the benefits of your views? Yes, sir? PAUL SPARZA: I'm Paul Sparza from Mattituck. Just a point of curiosity, resolution number eighteen, authorize Supervisor Wickham to execute application for participation in the Local Government Telecommunications Initiative Project? What is that? SUPERVISOR WICKHAM: Louisa, would you like to? JUSTICE EVANS: No, actually Judy the one that can best describe it. TOWN CLERK TERRY: We're adding these so quickly now. This an application to the State of New York to the Local Government Records Advisory Council, Paul, which would. .it's a grant application, which would enable us to tie into E Mail . Internet, and explore possibilities of electronically reporting to State agency through our computer system here at Town Hall. PAUL SPARZAi Riverhead I know is proposing, Riverhead Library, is also proposing a PBS type service there. TOWN CLERK TERRY: This just follows along with all of the grant applications, that my office has made. over the last four years, and we have realized over $50,000.00 in grants, which has enabled us to inprove our vault, and really enhance our Records Management Program,. including paying the salaries of two part-time people for that long. So, we hope we are successful again. SUPERVISOR WICHAM: Yes, sir? RAY EDWARDS: Ray 'Edwards, Fishers Island. I'd like a little clarification on this number 12, the lead agency coordination on the Metal Dump. Where do we go on the Metal Dump from here now? SEPTEMBER 6, 1994 53 SUPERVISOR WICKHAM: I'll turn this over to Louisa Evans, our Fishers Island representative. JUSTICE EVANS: We're startingthe e process, so hopefully we're going to excavate it. Today we also worked on how we were going to put the bid out for excavation. But, this is just one step in the process. We have to send it out, I guess to Suffolk. . SUPERVISOR WICKHAM: .I think the question is, what are we doing? JUSTICE EVANS: This is just the Environmental Assessment. SUPERVISOR WICKHAM: What are we doing with the dump? JUSTICE EVANS: We're planning to excavate it, if the bid should come in within the cost framework that we feel the Town can bond to. RAY EDWARDS: Has the engineering study been completed? JUSTICE EVANS: Yes. RAY EDWARDS: When are you going out to bid? JUSTICE EVANS: As soon as we get the bid put together. Today we discussed exactly how we're going to put ' the bid out, how we were weighting different tonnages of different material, that might be found in that dump. SUPERVISOR WICKHAM: This resolution, Ray, is also a prerequisite before we can go to bid. It's to establish this lead coordination. Are there any more questions from the audience? DIANE SMITH. My name if Diane Smith, and I'd like to speak on the Bed and Breakfast issue, and I also have some petitions here. The residents of the Town of Southold rely on their residential zoning to protect them from any commercial ventures invading that zoning. To propose Bed and Breakfast in residential zoned neighborhoods is saying ,to the residents, who trust in that zoning, surprise, we are putting B&B commercial enterprises in your residential neighborhood, complete with reduced property values, transients in your once familiar faces neighborhood, more cars, more noise, strangers coming and going, and to who's benefit? Certainly not the homeowners of the Town of Southold, who have expressed their opposition and outrage many times at Town meetings, and in the newspapers, and it seems to no apparent avail. The residents of Southold trust the Town Board to protect us. Many of the homeowners associations are working to link those homeowners associations together with each other. Why do these associations feel this is necessary to have a larger number of voices available to speak out? Is this because they feel they are not being listened to? We had a friend in Elmont, who has since passed away, and every other house on his street, he was trying to raise children, was rented out. They rented out the, attic, the basement, the rooms, and it was an awful situation. If you let. this proposed B&B Law go in you may wind up with a nightmare on your hands, and then try to rescind it. We do not want to wait until the dead of winter, also to resolve this issue on this Bed and Breakfast. We' would like to get it resolved as quickly as possible, because the summer residents have gone back to the city, but-.many of them plan to retire here in Southold, so this is very important to them. The full-time resident, some of them are elderly, and already retired, and go to a warmer climate for the winter, and you have heard their protests, and their outrage, and it would not be fair to waive on this issue, when they may not be here to attend, a public hearing. Also, I just wanted to reiterate that to require a neighbor, it would .be pitting neighbor against neighbor, and also, I would like to ask, what is the definition of neighbor? Is it just one person away? Is it two houses, or three houses? Because everyone would be effected ten houses away, would be affected twenty, if it's on the same street, and they should have a right. Also, Pat Moore had read the petition, so I won't read the petition, however, we have six homeowners' associations here, and we have one hundred and five with another fifty signatures coming, and that does not include Nassau Point. SUPERVISOR WICKHAM: Laury, would you like to respond to the technical definition of neighbors? 54 SEPTEMBER 6, 1994 TOWN ATTORNEY DOWD: The definition is adjacent property owners, somebody that their property touches the bed and breakfast property. DIANE SMITH: It has to touch it? TOWN ATTORNEY DOWD: It has to touch. SUPERVISOR WICKHAM: Is there anyone else who would like to address the Board on the resolutions; that are before us today? DOROTHY NINTZEL: On the bed and breakfast, yes. My name is Dorothy Nintzel. I don't really understand all this, these people who are against bed and breakfast, if their travels have crossed anywhere else, and has gone to places like Nova Scotia, and other states, and places, and go to bed and breakfast, you realize they don't create all this horrible scenes that they're talking about. I mean, the people who go to bed and breakfast are the quiet kind of people, who go to learn about an area, to be in a house with people who live in the area to find out more about it. Transients they're called. They're tourists. They're not transients. Tourists are transients people who travel around to go to visit places. I just don't understand all of this. If you want to have a tourist area, I think the best way to have it is a bed and breakfast. Noisy people go to motels and hotels. They don't go to bed and breakfast. They are quiet people, who are interested in the area, and I just feel like I can't understand this. It is also a way for some people who are trying to stay here, and have large houses to rent out a few rooms for bed and breakfast, and it helps them keep their houses, so they don't have to leave here. Certainly there are regulations about them. When you go to Nova Scotia, and places like that, they have a lot of regulations up there to control it. You can only have so, many rooms, and you have to have so many bathrooms, and all. If those. rules are put into effect, I don't see why people are so worried. If one or two cars come, that's quiet people who want to learn about the area. Why is that such a horrible thing? I just am in favor of it, and I am also a member of the NFEC, and they are in favor of it. SUPERVISOR WICKHAM: Thank you. Is there anyone else? BILL GARDINER: My name is Bill Gardiner. I live on Nassau Point, and I guess some of the bed and breakfast are quiet. I've traveled around a' bit, too, and most of the ,bed and breakfast I've stayed in have been adjacent to commercial zones, or in commercial zones. In your favorite paper, the Suffolk Times, they had a comment on that. I wrote to you a letter, but I'll mention that later. I was informed about 2:30 P.M. today, that you were going to make an announcement about -a public hearing on B&Bs at this meeting. I wanted to hear what you're proposing, and the time and date of the hearing. Has this been decided? That's a question,' has this been decided? SUPERVISOR WICKHAM: Today there is no public hearing. BILL GARDINER: I know there isn't, but has it been decided there's going to be one, and when it -is? SUPERVISOR WICKHAM: That is not on the, agenda for tonight, also. That, is not part of our resolution for tonight. BILL GARDINER: So, it's not going to be decided tonight? TOWN CLERK TERRY: That is correct. SUPERVISOR WICKHAM: Maybe it would be helpful at this stage to outline: what we do plan to do today. We have a resolution before us that the Board will take up in due course, not the first one, but as it goes on.' After several whereas, it is resolved that the Town Clerk be and she hereby, is authorized and directed to transmit a proposed Local Law on Bed and Breakfast to the Southold Town Planning Board, and the Suffolk County; Department of Planning all in accordance with the Southold Town Code and Suffolk County Charter for their remarks, recommendations and report. That's all we're doing today. That's all we have on the agenda today to do. BILL GARDINER: Does that go to. the Zoning Board of Appeals? SUPERVISOR WICKHAM: The. Town Code calls for this going to the Suffolk, County Planning Commission, and the Southold Town Planning Board. SEPTEMBER 6, 1994 55 BILL GARDINER: In other words it's not going to the Zoning Board of Appeals. SUPERVISOR WICKHAM: It's not going to them in this form, but they have participated actively in the meetings of the Legislative Committee in which this has been discussed. BILL GARDINER: I'm sure their views will be taken into consideration. SUPERVISOR WICKHAM: . I think by and large they have been. BILL GARDINER: Okay, I have written many letters to the Board opposing the proposal, and• I believe I have presented some important facts and questions to the Board, but I have no indication that the points I have made have even been received, or considered. Secondly, I was going to ask you I'd like to know how the vote went on the Board, but obviously you haven't had a vote, and has there been an opinion issued by the Town Attorney on the legality of this change? SUPERVISOR WICKHAM: Would the Town Attorney like to comment? TOWN ATTORNEY DOWD: I drafted the law, as per the recommendations of the Code Committee, and Town Board, and- I feel that it is legally appropriate. BILL GARDINER: You've already drafted the law? TOWN ATTORNEY DOWD: Yes. BILL GARDINER: Have we seen that yet? TOWN ATTORNEY DOWD: Sure, it available for public review. If you'd like a copy I'd be glad to send it to you. BILL GARDINER: It hasn't been issued yet, has it? It hasn't been made public yet, has it? SUPERVISOR WICKHAM: It has been made public in previous meetings largely in the form that it's in today. There have been some very minor changes, a few minor changes. We'd be glad to provide you with a copy of it. BILL GARDINER: You feel it's legal? TOWN ATTORNEY DOWD: Yes. BILL GARDINER: No question. We'll see. I hope that the Board who has been researching this subject for a long time- gives equal time to the opponents- on B&Bs to gather their forces, and' advisors, before a public hearing is called. Now, that's very important. Don't drop this on in two or three weeks. Give us time, because there's a lot going on, believe me. This morning, a little personnel issue, I understand that the_. session this morning a good friend of mine, Diane Smith, was ignored when she wanted to say something. There maybe a legal background for that, but I think it's a polite thing to do, to say something about the legal background. You could have explained it. I think your should have. I don't think much of that action. SUPERVISOR WICKHAM: I didn't see Diane Smith here this morning. If she had raised her hand, or express interest, I would certainly have tried to acknowledge her. Sorry I just didn't see. Joe? COUNCILMAN TOWNSEND: You're aware, of course, that there is Bed and Breakfast provisions in the law now? Be that as it may, there is an existing law on the books, and among other things hopefully the proposed legislation will improve on that, provide better governments or regulations of bed and breakfast. So, I think there are some actual restrictions in this that weren't in the prior law. Do you have bed and breakfast specifically, that would create a problem that you're aware of in the town in residential areas? BILL GARDINER: Sure, I have, but I'm not concerned about the regulations you're going to make.. What I'm concerned about is putting them in residential areas. You make all sorts of regulations, and you know it, 56 SEPTEMBER 6, 1994 but they're not enforced on this subject, and on many subjects, so when you say they're going to be this and that, they're never enforced. SUPERVISOR WICKHAM: Mr. Gardiner, let's not get into a back and forth debate at' this stage. I would only say, that this Board will be much more concerned about enforcement. We have many people and we'll be giving them much stronger. direction. than they have in the past on this matter as well as others. Are there other people in the audience, who would like to make a comment? BILL GARDINER: I'd like to make one more point. Ruth Oliva said before that do you know—asked me the last meeting, there are bed and breakfasts on Nassau Point? I said, yes I know, and we don't like it. Now, if you knew it, and they were illegal, why didn't you follow up on it? COUNCILWOMAN OLIVA: Because we don't know were they are. BILL GARDINER: You don't know where they are, how do you know they are there? SUPERVISOR WICKHAM: We face a very similar situation with respect to the Sign Ordinance. There are currently a number of signs in this Town, that are not legal, but we're in the throes, and in the middle of a major overhaul of the Sign Ordinance. It really wouldn't pay to try to enforce the letter of the Law on the old ordinance, when we're in the process of reformulating it. Similarly with B&B, as long as we're in the middle of this process it really doesn't make sense to go after the existing ones. BILL GARDINER: I suspect you knew the B&Bs were there before you got into this process. i SUPERVISOR WICKHAM: There are a lot of things we know. We're trying to deal with them systematically. Are there other people in the audience, who would like to address the Board on any matter that is on our schedule for resolution? JIM DINIZIO: Jim Dinizio, Sound Road, Greenport. I just want to address the bed and breakfast, also. I guess the resolution are basically for an Environmental Impact Statement. Who filled it out, Town Board? TOWN CLERK TERRY: The Town Attorney, and reviewed by the Town Board. JIM DINIZIO: And you found that they'll have not adverse effect on the environment, that includes economic environment also. Then the second one is, you're just going to give the law that the Town Clerk has on file to the, Planning Board of the Town, and the Planning Board of Suffolk County? They're going to review it? We're beyond where we went to like six months of discussing signs with the Code Committee, but we're beyond that. COUNCILMAN TOWNSEND: There were some minor changes made after we received your letter. You sent the Board a letter. We considered that, and made some changes. JIM DINIZIO: Right. You know, even some minor changes I have a lot of, misgivings about, but I guess at the public meeting we- can discuss that, but I have some misgivings (tape change) and give my two cents. We may agree or disagree, but that's what it's all about, but on this bed and; breakfast thing 1 - think we didn't discuss it as much as much as that. Now,; there's one other comments I want to- make, and then we can go. We, discussed restaurants, hamburgers, McDonald's, national chains for two; years. The simple fact is that the restaurant, or that particular store,; sells hamburgers, and does it nationally, and we put them through the; wringer, and basically limited them simply because they sell hamburgers and; french fries, not because they wanted to be in residential areas. They want, to be in any business area, yet this enterprise, and this enterprise before making money, my intention is, if all goes through, come down, and be the' first one- in line to get my permit, and fifty bucks a year what the heck,; but I don't understand why it wasn't 'more open, or it wasn't encouraged, invite the people in, let them discuss it, instead of doing it at a public; meeting. I know we discussed it a couple of times, but I think it's got to: go back to the Code Committee, and that's where we should be discussing this. SEPTEMBER 6, 1994 57 SUPERVISOR WICKHAM: I appreciate your comments. You have been a particularly useful participant in this process, and with both your own views, and those of the Zoning Board. Ruth, just for the record, what was the process, and how many meeting did we have, and which committees, and so on, did we have. COUNCILWOMAN OLIVA: I think we had . quite a few meetings, Jimmy. Maybe you weren't at them all, but we had just a general informational meeting, where a lot of people from the B&Bs showed up, and some other people, and I could check that from my list of agendas, but I bet it was on the agenda at least six other times. So, I think it was publicized. I think there was every opportunity for people to speak their minds, and I don't feel that we neglected it in Code Committee at all. SUPERVISOR WICKHAM: Are there other comments from the audience? (No response.) We're ready for public hearings the Town Clerk advises me, because they're scheduled at 5:00 o'clock, two public hearings. Moved by Councilwoman Hussie, seconded by Supervisor Wickham, it was RESOLVED that a recess be called at this time, 5:12 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. MEETING RECONVENED AT 5:20 P.M. SUPERVISOR WICKHAM: We can begin the consideration of our resolutions, that are schedule for today. 1 •- Moved by Councilwoman Hussie, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the following items for 1995: Milk for the Nutrition Center Food for the Nutrition Center- Police Department Uniform Clothing Cleaning Uniforms of the Members of the Police Department Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel for Highway Department and Disposal Areas Removal and Disposal of Household Hazardous Waste from Collection Center Removal of Scrap Tires from Disposal Area Removal of Scrap Metal from Disposal Area Town Yellow Bags 1 •- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman . Townsend, Councilwoman Hussie, Councilman - Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 2.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, _ it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 33, adopted June 28, 1994, creating the Southold Town Youth Support Committee, by increasing the number of members from ten (10) to fifteen (15). 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 Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Connie D. Solomon and Lindsey Scoggin as members of the Southold- Town Youth Support Committee, effective September 6, 1994 through August 24, 1995; they to serve on said committee without compensation. 3.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 1 I 58 SEPTEMBER 6, 1994 4.- Moved by Justice Evans, seconded by Councilwoman Olvia, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Knights of Columbus, Marian Council No. 3852, Cutchogue, N.Y. to use Depot Lane, from NYS Route 25 to Sacred Heart Cemetery, for a procession on October 29, 1994, beginning at approximately 11 :15 A.M., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured. 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 Councilwoman Oliva, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., October 4, 1994, Southold Town Hall, Main Road, Southold, N.Y. as time and place for a public hearing to obtain Citizen's Views on local needs to be met with the 1995 Community Development Block Grant Funds. 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 Supervisor Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Annette Jordan as a part-time Account Clerk in the Accounting and Finance Department, effective September 12, 1994, at a salary of $8.40 per hour. 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 Lizewski, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizers the closure of Case's Lane, Cutchogue, between the Village Green and the Library (with the road blocks to. be placed so as not to block the entire Library parking lot and continue south to the end of the Village Green to allow access to all homes from the other end of Case's Lane) between 9:00 A.M. and 5:30 P.M., Saturday, October 1, 1994, as a safety precaution during the annual Harvest Festival to held by the Mattituck Lioness Club on the Village Green, Main Road, Cutchogue, .N.Y., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold.as an additional insured. 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 Justice Evans, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for one (1) member of the Board of Assessment Review, for a five (5) year term, effective September 30, 1994 through September 30, 1999. 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 Councilman Townsend, seconded by Councilwoman Oliva, it was RESOLVED that 'the Town Board of the Town of Southold hereby authorizes the Southold Town Police Department to sponsor an Emergency Medical Dispatch Program, conducted by the PowerPhone training company, at Southold, on October 17 and 18, 1994, and the cost of the tuition shall be a legal charge to the Public Safety Communications 1994 Budget. 9•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski; Supervisor Wickham. Thjs resolution was duly ADOPTED. SEPTEMBER 6, 1994 59 10.- Moved by Supervisor Wickham, seconded by Councilman Townsend, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Renee Simchick, Day Care Aide, effective August 19, 1994. 10.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. 11 .- Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of a money order by Recreation Supervisor Reeves for tickets to Splish-Splash in the amount of $252.25 (25 tickets @ $9.95 ea. + $3.50 fee); check made payable to Fleet Bank; money order made payable to Splish-Splash; charge to be made to A7320.4 Joint Youth, Contractual Expenses. 11 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 12.- Moved by Councilman Lizewski, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Quality Review Act in the matter of the Fishers Island Metal Dump Remediation, which will involve the removal of all solid waste from the Metal Dump site located at Mosquito Hallow Road, Fishers Island, Town of Southold, New York. 12.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 13.- Moved by Justice Evans, seconded by Councilwoman Olvia, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Kim Deppoliti as a Lifeguard (1st year), at a salary of $7.42 per hour, effective September 2, 1994 through the end of the summer season. 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 Councilman Townsend, seconded by Supervisor Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute agreements between the Town of Southold and, the following individuals or businesses for the Fall 1994 Recreation Programs, all in accordance with the approval of the Town Attorney: Lisa Baglivi (watercolor) . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20/hour Thomas Boucher (guitar) . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20/hour Shirley Darling (tennis). . . . . . . . . . . . . . . . . . . . . . . . . . . . .$16/class Shirley Darling (net games) . . . . . . . . . . . . . . . . . . . . . . . . .$17/hour East End Driving School (pre-licensing course) . . . . . .$20/student East End Insurance Services (defensive driving) . . . . .$35/person Tom Fox (cartoon drawing) . . . . . . . . . . . .: . . . . . . . . . . . . .$22.50/class Dan Gebbia (dog obedience) . . . . . . . . . . . . . . . . . . . . . . . . .$45/dog Frank Gillan (youth soccer) . . . . . . . . . . . . . . . . . . . . . . . . .$15/hour Daniel Gladstone (music) . . . . . . . . . . . ... . . . . . . . . . . . . . . .$30/class Tammy Harned (women's soccer) . . . . . . . . . . . . . . . . . . . .$20/class Hidden Lake Farms (horseback) . . . . . . . . . . . . . . . . . . . .$175/person Jim Holwell (chess) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$16/hour ' Island's End Golf Club (golf lessons) . . . . . . . . . . . . . . . .$35/person Eleonora Kopek (arts & crafts) . . . . . . . . . . . . . . . . . . . . . .$16/class Mattituck Lanes (bowling) . . . . . . . . . . . . . . . . . . . . . . . . . . .$2/game played Martha Prince (step aerobics) . . . . . . . . . . . . . . . . . . . . . . .$20/hour Aileen Rosin (aerobics) . . . . . . . . . . . . . . . . . . . . . . . . . . .$20/hour Steve Smith (weight training) . . . . . . . . . . . . . . . . . . . . . . .$17/hour Valentine Stype (basketball) . . . . . . . . . . . . . . . . . . . . . . . .$15/hour JoAnn Terkowski (golf dancing) . . . . . . . . . . . . . . . . . . . . .$16/hour Mary Van Deusen (line dancing) . . . . . . . . . . . . . . . . . . . . .$30/hour 14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 60 SEPTEMBER 6, 1994 15.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby, accepts the bid of Corazzini Asphalt, Inc., in the amount of $31,100.00, to furnish and supply all labor and material for the reconstruction and restoration of roads and. drainage - systems at Shorecrest at Arshamomaque Subdivision, all in accordance with the bid documents. 16.-Vote of. the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 16.-Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of a new payloader and new tractor truck for the Disposal Area, 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 Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Jennifer Shank, part-time Records Management Clerk in the Town Clerk's Office, effective September 21, 1994. 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 Councilwoman Oliva, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Thomas Wickham to execute a request for Participation in the Local Government Telecommunications Initiative Project; a program through the Local Records Management Improvement Fund to provide selected local governments with capacity and resources to use telecommunications technology .to improve the management-of their records, to enhance access to those records, and to receive and transfer records-related information. 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 Councilman Lizewski, seconded by Supervisor Wickham, it was RESOLVED that the applications of Louis M. Bacon for three (3) temporary trailer permits be and hereby are granted for a six (6) month period, as fol lows: 1 . Jackson Street and First Street, New Suffolk, intended use and occupancy: temporary office trailer for construction staff. 2. Robins Island, location per plot plan, intended use and occupancy: temporary office space during restoration of existing structures. 3. Robins Island, location per plot plan, intended use and occupancy: temporary office space during restoration of existing structures. 19.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,. Supervisor Wickham. This resolution was duly ADOPTED. 20.- Moved by Councilman Townsend, seconded by Councilwoman Oliva, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 6; 1994, AUTHORIZING THE CONSTRUCTION OF ROAD IMPROVEMENTS IN THE TOWN, APPROPRIATING $50,000 -THEREFOR, AND AUTHORIZING THE ISSUANCE OF $50,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. SEPTEMBER 6, 1994 6 1 Recitals WHEREAS, following submission 'of a. petition for the improvement of the highways in the Town of Southold, Suffolk County, New York (hereinafter referred to as the "Town") , known as Bayberry Lane, Wild Cherry Way and Stony Shore Drive, in the Town of Southold, and shown and designated on a certain map entitled "Map of Shorecrest at Arshamomoque" , surveyed by Van Tuyl Land Surveyors, Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on April 6, 1971, as Map number 5584, and. filed 'in the Office of the Southold Town Clerk, using a permanent pavement on such portions of said highways as shown on said Map, including the construction of such curbs; gutters, catch basins and drainage facilities as may be necessary and stating the maximum amount proposed to be expended therefor; and WHEREAS, such petition has been duly signed by the owners of real estate fronting or abutting upon either side of said highway to the extent of at least one-half of the entire frontage .or .bounds on both sides of said highway; and such petition was also duly signed by resident owners owning not less than on of the frontage owned by resident owners residing in or along such highway, and such petition was duly acknowledged or proved by all the signers thereof in the same manner as a deed to be recorded; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined on August 23 , 1994 that it is in the public interest to construct. such improvements described in the petition, and directed that such highways be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY' OF SUFFOLK, NEW YORK, (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: 6 2 SEPTEMBER 6, 1994 Section 1. The Town hereby authorizes the improvement of Bayberry Lane, Wild Cherry Way and Stony Shore Drive, highways in the Town, by the paving thereof using a permanent pavement and the construction of such curbs, gutters, catch basins and drainage facilities as may be necessary, .all as more fully referred to in the Recitals hereof. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $50, 000 and said amount is hereby appropriated therefor. The I plan of financing includes the issuance of $50, 000 serial bonds of the Town to finance said appropriation, and the assessment, levy and collection upon the several lots and parcels of land within the Town which the Town Board shall determine and specify to be especially benefited by said improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same, to pay the I principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $50, 000 are hereby authorized to be. issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33- a of the Consolidated Laws of the State of New York (herein called "Law") , to finance said appropriation. Section 3 . The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the specific object or purpose for which said $50, 000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11. 00 a. 20 (c) of the Law, is fifteen i (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied' to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury I SEPTEMBER 6, 1994 63 Regulation Section 1. 15.0-2 of' the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds- shall contain the recital of validity as prescribed by Section 52.00 of the Law and said. bonds and any notes issued in anticipation of said bonds: shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for ('a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30. 00 relative to the authorization of the issuance of bond anticipation notes and of Section 50. 00 and Sections 56. 00 to 60. 00 of the Law, the powers and duties of- the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as 'to the sale and issuance of . the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: 64 SEPTEMBER 6, 1994 (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by Section 81 .00 of the Law in "THE LONC ISLAND TRAVELER-WATCHMAN", a newspaper published in Southold, New York, and in "THE SUFFOLK TIMES", a newspaper published in Mattituck, New York, each of said newspapers having a general circulation in the Town and each hereby designated the official newspaper of said Town for such publication. 20.- Vote of the Town Board: Ayers: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 21 .- Moved by Justice Evans, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby makes the following determination with regard to waiving Disposal Area Fees: 1 . They will continue to review each request on a case by case basis. 2. In reviewing each case, the following criteria shall apply: a. Waivers shall be limited to those organizations not engaged in fund-raising activities. b. Meeting the test whereby granting the request would elicit voluntary actions in support of Town objectives, and would cost the Town more money than the value of the fees waived if it did not happen. 21 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. No: Councilwoman Hussie. This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: It sounds good to a lot of public spirited people, which is what this is talking about, or groups to clean up public areas, and not pay for what's brought to the dump, however the Town is obliged to pay for the removal of garbage. I don't like to precedent we're setting, and I'm not secure that we are going to . be able to keep this policy in effect without having it abused, and therefore I vote, no. SUPERVISOR WICKHAM: I'd like to take this opportunity to read the policy just for clarification. The Board has difficulty in dealing with agencies, and people who request waiver of the fees for bringing stuff into the dump. As Alice has correctly said, we face a question of precedent, and we also face a question of lose of revenue, where it does cost the Town quite a bit to move that stuff out of the dump. Nether the less there seems to be some applications to the Town, which makes sense, and some of us on the Board at least would like to respond positively to. So, we've been grappling for some weeks now with language, and with some criteria that would establish, . would allow us under certain circumstances to allow certain groups to bring materials to the .dump at no cost, but would not open the flood gates and establish. a precedent that we'd have trouble with. Here is the criteria, that we've established at present. That the Town Board will not attempt to put in place a predetermined policy on waiving landfill fees. Instead. the Town Board will continue to review each request on a case by case basis. Number three, in reviewing each case the following criteria will be 'applied. Number one, that any waiver would be limited only to those organizations not engaged in a fund raising activities, and number two, that the organization would have to meet -a test, and the test is whereby granting the request would elicit voluntary actions in support of Town objectives, and which these objectives would cost the Town more money than the value of the fees waived. Those are the criteria that are in this policy, which the Board has just enacted. 22.-Moved by Supervisor Wickham, 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 617.10,1 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 SEPTEMBER 6, 1994 �. this unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Proposed "Local Law in Relation to . Bed E Breakfast Facilities", which amends Chapter 100 (Zoning) of the Code of the Town of Southold, by describing "major" and "minor" bed and breakfast facilities and identifying rules and regulations with regard to same. The proposal has been determined not to have a • significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. 22.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. No: Councilwoman Hussie. This resolution was duly ADOPTED. 23.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local law entitled, "A Local Law to Bed E Breakfast Facilities"; 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, 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 Bed and Breakfast Facilities BE IT ENACTED, by the Town Board of the Town of Southold as follows: I . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: INTENT: The intent of this ordinance is to provide B&Bs as an important housing base for our tourist industry while maintianing the residential integrity of our communities. This section provides clear criteria for B&B approval and establishes a simplified permittinq process. 1 . Section 100-13 (Definitions) is hereby amended as follows: BAD-At+B-$-REA-KFAT----fie-renthV- rF-mt--more-than-tht- f3)rooms--i n-arr-owner-occupied-dweH h-m-for-kxlgi ng-and- serving-of breakfast to not more- than-six f 63 casaat and- . transient- roomers--,- pro-vide& that the renthV of sacfr rooms- for each- purpose- is- clearly- inc'rdelytal-and- subordinate-to the pr*ncipal- asc-of the dwe*4ig- BED-AND-BREAKFAST, MAJOR - The renting of at-.least three (3) rooms but not more than five (5) rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than two (2) casual, transient roomers per room, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use-of the dwelling. BED-AND-BREAKFAST, MINOR - The renting of less than three (3) rooms in an owner-occupied dwelling for lodging and serving of breakfast to not more than two (2) casual transient roomers per- room, provided that the renting of such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling. 2. Section 100-31A(4) is hereby added to read as follows: 4. A minor bed-and-breakfast holding a bed-and-breakfast permit issued .-by the Building Inspector. Said permit shall be issued for a term of one year and shall be renewed every year thereafter if the following conditions are met: a) A smoke alarm shall be provided on each floor and in every guest room; The dwelling shall have at least two (2) exits and there shall be a window large enough for emergency egress in each guest room; (c) The identification sign shall be no larger than two (2) square feet; 66 SEPTEMBER 6, 1994 No accessory apartment; as authorized by § 100-31 B(14) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. e) Notice Requirement for Initial Permit Issuance: 1 . The applicant shall mail notice of the proposed use to all adjacent property owners thirty (30) days prior to issuance of a permit and shall give the Building Department proof of mailing such notice by certified mail, return receipt requested. 2. If the Building Department receives a written protest regarding permit issuance, the Building Department will refer the application to 'the Zoning Board of Appeals, who shall evaluate the project in the same manner as a major bed-and-breakfast and if approved, shall authorize the Building Inspector to issue a permit. If no protest is received within thirty (30) days, a permit may be issued if the specified conditions have. been met. 3. Section 100-31B(15) is hereby amended to read as follows: {45�-T+ve­ renthig of not more- than-three {3j rooms- im an- owtier-ecc spied• dwe4+hV for FodghV and- seretng-of breakfast to not more- than-six {63 casua+ and- transient roomers-,- pro�ri, , d- that the renthV of suc+r rooms- for sac+r- purpose- iT cleat-Ir itxrdentai-and- saburdirra-te-to the pr+ncipal- use-of the dwei+'mg; subject to the following- regttirements - {a --Adeguate off—street-paririmg- spaces-sha+l- be- provided- for suc+r rented-rooms- h-r additiotr to par+ring- spaces-for the ase-of the fam+Fy- of the ownet-.- {H Nv- accessory-apartment,:as author+red by- §400-3+B{-14r hereof- sha+l- be-permitted in or on- premises-for vvMc+r- a' bed-wild-breakfast facH:tty is- authortred or ex+Tts-r 15 A major bed-and-breakfast shall be allowed if it obtains a bed-and-breakfast permit subject to the conditions set forth in §100-31A(4), and if it obtains a special.exception approval from the Zoning. Board- of Appeals. The use shall not require site plan approval. In granting a special exception the ZBA shall consider the following: a. Adequate screening should be provided. b. Health Department approval. C. Whether the proposed bed-and-breakfast will be compatible- with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance d. Adequate off-street parking spaces shall be provided for such rented rooms in. addition to'parking spaces for the use Of the family of the owner.. 4. Section 100-42A(3) is hereby added to read as follows: Minor bed-and-breakfast subject to the requirements of §100-31A(4) . S. Section 100-42B(3) is hereby amended to read as follows: (3) Major bed-and-breakfast uses as set forth in and regulated by §100-31B(15), without site plan approval. SEPTEMBER 6, 1994 67 6. Section 100-61 B(5) is hereby amended to read as follows: (5) Major bed-and-breakfast uses as set forth in and as regulated by §100-31B(15), without site plan approval. 7. Section 100-71A(4) is hereby added to read as follows: Minor bed-and-breakfast uses subject to the requirements of §100-31A(4) . 8. Section 100-71B(4) is hereby amended to read as follows: (4) Major bed-and-breakfast uses as set forth in and regulated by §100-31B(15), except that no site plan approval is required. 9. Section 100-91A(1) is hereby amended to read as follows: (1) Any permitted use set forth in and regulated by §100-31A(1), (3) and 4) of the Agricultural-Conservation District. 10. Section 100-91 B(5) is hereby amended to read as follows: (5) Major bed-and-breakfast enterprises or boarding and/or tourist homes as set forth and regulated by §100-61 B(5) of the Resort Residential (RR) District,. except that no site plan approval is required. 11 . Section 100-101A(1). is hereby amended to read as follows: (1) Any permitted use set forth in and regulated by §100-31A(1), (3) and 4) of the Agricultural-Conservation District. 12. Section 100-101 B(3) is hereby amended to read as follows: Major bed-and-breakfast enterprises or boarding and/or ,tourist homes as set forth in and regulated by §100-31B(15) of the Agricultural-Conservation District, except that no site plan approval is required. 13. 'Section 100-131B(13) is hereby deleted in its entirety. f 43)-Bvd-end-brew-kfast uses-as set farthr in and- as regtriated br 488-3413+1-5} provided that na-site- p+an appt-ovwal-Fs- required-- 14. Section 100-131 B(14) is hereby renumbered 100-131 B(13) . 15. Section 100-141B(2) is hereby deleted in its entirety. f2}--Bred—and-breakfast uses-as set forthr itt and- as regulated br 400-3413 15-}-,- pro-Ade& that ne-site- p+an approval-is- required.- 16. Section 100-141 B(3) is hereby renumbered 100-141 B(2) . 17. Section 100-191A is hereby amended to read as follows: Type of Use Required Number of Parking Spaces Bed-and-breakfast enterprise 1 space per guest room in add- Major or Minor ition to residential requirements 18. Section 100-274E is hereby amended to read as follows: E. For applications for variances from Town Law §280-a (right-of-way),and for applications for a special exception for a bed and breakfast, the fee shall be two-hundred fifty-do+hn-s- -f$256.3three hundred dollars ($300. ) 69 SEPTEMBER 6, 1994 19. Section 100-281J(1)(i) is hereby added to read as follows: M . Bed and breakfast permit and inspection: one hundred dollars ($100.) for the initial annual permit and fifty dollars ($50.) per annual renewal. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletions. ** Underscore represents additions. 23.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. No: Councilman Hussie. This resolution was duly ADOPTED. COUNCILWOMAN HUSSIE: I voted, no, on the other one, because I want to stop this whole thing. However, I want it understood that I am not against B&B establishments as such. To date we have six legal B&Bs operating in Southold, only six, and the legislation for their permitting has been on the books since 1987. If there's such a demand wouldn't we have had more requests to establish B&Bs? I do object to- B&Bs in residential zones. I made this protest at the July 26th Board meeting, and again, I argued the owners of residential property are being stripped of the rights they purchased, when buying in a residential zone. The Town Board has allowed home occupations to operate in residential zones, and now, it's preparing to allow another obvious business use in that zone. You heard the Supervisor mention a little while ago, that TDRs are being considered and how to operate with them, and the possibility' exists that TDRs might also impact on residential zones. This relaxation of the Code is supposed to allow more tourist accommodations. in town, because of an implication of need, and I have not seen that need demonstrated. 24.- Moved by Councilwoman Oliva, seconded by Justice Evans, 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: Proposed "Local Law in Relation to Signs" which is intended to organize and simplify the existing sign code to limit sign lighting and size, and to permit roof signs, directional signs, contractor signs and subdivision signs. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the proposal be implemented as planned. 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, 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 Signs"; 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, 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 Signs BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1 . Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended' as follows: INTENT This ordinance is intended to organize and simplify the existing sign code to limit sign lighting and size, and to permit roof signs, directional signs, contractor signs and subdivision signs. This ordinance is adopted pursuant to the Town's police power. SEPTEMBER 6, 199469 1. Section 100-13 (Definitions) is hereby amended by adding thereto the following: OFF-PREMISE SIGN - Any sign that identifies, advertises or calls attention to a business or activity taking place on property other than the premises on which the sign is located 2. Section 100-13 (Definitions) is hereby amended to read as follows: SIGN AREA - Includes all faces of a sign, measured as follows: (1) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or out- line shall be included. (2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area- Within ;A;h i oh ;-all of the matter s G4 he i;GribedT that encompasses all the letter and symbols of the sign, together with the area of any background of a color or material different from the general finish of the building, whether painted or applied. 3. Section 100-31A(2) (a) (2) is hereby deleted in its entirety. (2) All signs Shall eaa-fQVM to thep revision;; S +-ie 19.0 . 4. Section 100-31C(2) (h) is hereby deleted in its entirety. (h) For signs, see segtiGn 5. Sections 100-31C(2) (i) and (j) are hereby re-lettered (h) and (i) . 6'. Section 100-31C('9) is hereby deleted in its entirety. t,iens in-s Article . only mamas-or Ar, few .}anal signs Containing only a orOf9ss anal design-at-ion as de€inedi under- "hea►e 1re€es= off- Ge" as -et forth in this Chapter; each n mQ- pfate and/orprofeseior:al square feet in area- (b) Not More I;h- , two signs with-ea c_zombli n + * l f- net mere (4@)-sgiaare feet F 1 be 1ar�4aR-tw9R4y-9eur-(2 4)-s.uax a oat sa prgdu6ta grown on the premloas or of animals a on th Premises- (c) 'lot larger than twelve, (12) square feet in si-ge on any one or move lots, advertising the 021A 0- 1.. the premises on whigh it1s-ma on- ,GAR }h'^ any-lot line Wliera- hundredT509) feet or more, said sign shall } t ty-fGur (24) square feet in ei=Q. (d) (' ) bulletin board or etheaannoueeeEnent-y���t� (5) (s) Q) and (o_�r) of the-Agvieultural eoi$trist,--nw- ess th_Rn fifteen sb`7zo��, €rerz�-nay-street er let-1iae�� pr- 7. ' Section 100-31C(10) is hereby renumbered 100-31C(9) . 8. Section 100-42(C) (1) .is hereby amended to read as follows: (1) Accessory uses as set forth in and regulated by Section 100- 31C(1) through (7) and- (IGI _CjJ of the Agreicultural-Conserva- tion District, and subject to conditions set forth in Section 100-33 thereof. 70 SEPTEMBER 1994 9. Section 100-42(C) (2) is hereby deleted in its entirety. (-2) Freestanding or ground signs, Gub=eat to the following ment�:—one either single- or do�hle-€a�w- move than eighteen- (la)-rqi-,sr-e feet in area, and t,h-.e-ap>er edge of fix\+lvh o--phal1l not project m^ro }hen fi _szo (_G_)=_fQo} 2-boye the ground �attnhvea to €a; ar w Siall. Sb1�sign hall inaieate only the name ^F the premises Such shall be Geet bas;, not leRM tha.. fi€teen (15) feet from Rllgtrget Rnd-let.- limes. Such-sign- ba31 comply With ill of the Supplementary s iga r-e gQ lat iene Reo-forth-i in A rt is le-x x 10. Section 100-42(C) (3) is hereby renumbered 100-42(C)'(2) . 11. Section 100-61(C) (2) is hereby deleted in its entirety. (2) Signs as regulated by Reatien 188-31C(9) of: the n,.risaltural- =oserty teurist-Gam€y GeentVY GlUb,--boQeh SWIM GIUh to:nis elu]a,-if the }ai il�liug-ia- -baalc-t;-, ---€ice-€eet, enew-1) greastanding 'Gr- sig:with a-maximum ranee, set baG!. f' \ } f the street oo-aae,z a minimum ef--t�fteen�-15�-€�o9-�r�.:r-�re�-- line� 12. Sections 100-61C(3) and (4) are hereby renumbered (2) and (4) con- secutively. 13. Section 100-71(C) (2) is hereby deleted in. its entirety. r9guia- tiong gnt forth in ➢rtialn VV.- i sign not wor-ca than two (2) square f-get; In aveza- (' ) or move-lots,-advertising the sale or lease of only }ems m• h' h } 19 mal-ant-2-31AG-d -;a.n l et h..e,lc not; xigion has a GentIRUOUG frontage of -five h A d (500) f e} Qr- rAgre, said sign may o a eeel twenty-four (2 n ) feet an satis�ign for }} a by Se„t; - 1 nn-31�) , (4) , (5) , and (6) , not morn tha-n eighteen (18) square feet -in ea, loca+-Qd not ]Qc:Q than. fIfteen (15) fQQt from any atree} Mr lot line. 14. Section 100-71(C) (3) is hereby renumbered '100-71(C) (2) . 15. Section 100-81(C) (2) is herby deleted in its entirety. 2) Signs, h ^t to the fol l gwiRg Fi--RQRt and i nq or- ground signs; wher-ca the building is set h 1 } } f' ^ 25( ) feet nr .,,.-,r e from the atree, Gne sign-,--single or sleu�ale-faeed� ^} n e }h neighteen leos than four (4) f } t, the grokana n1 t-:n ;a ll or f ney--and the upper edge of .'.hish shall net Quiz M-Or }h fifteen (15) feat h th ground, �f 11 street d property lines and-_ch-•l l -.a..er}i oe }h's-s�so the ;ierk llpremises" shall mean all sen- tiguGus property in common Qwnerch i c (b) wall signs see-(1) sign attagYed to pgrated ; h h lri' wall: b trnet and adder--; my the h ,Q;neag ^^nducteel In such building, provided that Gh does not. T (1) 'E A \(1 re feet e,ttAl a-G fnr nh i � ExGeed-in 'dth-sae hundred percent-(l measurement o f n h o 1 1 (3) ENCGGGI three (3) feet In height_ (4) D ..} e thy a !'1 \ font f�M T- i SEPTEMBER 6, 1994 71 16. Section 100-91(C) (2) and (3) are hereby deleted in their entirety. .(2) Sign, as-set-€^rth-I -Seetie -108 B1G(2) of the Limited Rwgi (3) Directional Qr informati signs, net exGesding two (2) t#> asgheutIhe di$triet. 17. Section 100-101(C) (2) and (3) are hereby deleted in their entirety. of the 1i }iEla n ,� + (3) Freestanding owe,.,d signs Where the h,ailding i$ , b , -Gre from the street, one (1) fee;- above the gr-Gund, mess attanhed to a wal 18 €e=-.w-;Athe upper edge of ;.,,;h3Qh shall not- ext-and more than m.nrg fiftmclm (15) feet above the-grQuad shall be-permitted' which-sign sh-al� be of back ^} !Gee +-hazy f;f+-@6 (15)feet from l l + +- � el property 11:nes and-steal—aGVer•tise only the-b As uncul 18. section 100-101(C) (4) is hereby renumbered 100-101(C) (2) . 19.. Section 100-111(C) (2) is hereby deleted in its entirety. (2 a Signs, s sot E:Gr-+-h, in and regulated by Seetian !GO-BIG( ' of the Limited -Rus-iR4989 Dist-jQt;. 20. Section 100-121(C) (2) is hereby deleted in its entirety. Distrzi at; 21. Sections 100-131(C) (2) and (3) are hereby deleted in their entirety. (2) Wall signs as set €e th in and regu lated by Section 100- PlC(7) (b) "f the r 'mi-ted bus-i�8ss 8ist�i6t� �' } � +- M tz�m--sias e€ t;hirty (3 G) aqu.are €eet ire--area (3) Freestanding or- ground signs as se- forth in and r-eq lated by the GQnerai Business 22. Sections 100-191(C) (4) through (11) hare hereby renumbered (2) through (9) consecutively. 23. Sections 100-141(C) (2) and (3) are hereby deleted in their entirety. (2) Wall rlqns as set--€girth-a-nd-as regulated by SGGie 1G4- 81n(2) (h) ^f the 1kF-144ed Bu63ng66 8�6t�i6't� liiA'+ rl ; Mum of thirty (30) square feet ia-a-rGa. (3) ' rr-gestandi ng or groand gi gns ae set forth in ancl-;;r, l at a by Qomtion. .1:0,101r.(-3) G-F the General a ^' + + 24. Section 100-141(C) (4) is hereby renumbered 100-141(C) (2) . 25. Article XX (Signs) , Section 100-201(B) is hereby amended to read as follows: B. Except as otherwise provided in this chapter, signs shall not hereafter be erected, structurally altered, enlarged or moved or reconstructed within the Town unless a permit is obtained from the Building Inspector and payment of a required fee per sign in accordance with the Town of Southold fee as specified in Subsection F below. (1) The following two (2) operations shall not be considered as creating a new sign and, therefore, shall not require a new sign permit: (a) Replacing copy: the changing of the name, advertis- ing or message on an approved sign. which IR ^^ f GaI Y designed €er the se of ^r.,, abl�.,---wPr- 72 SEPTEMBER 6, 1994 (b) Maintenance: painting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural change in configuration is made. (c) Movement of a sign farther from the right of way, provided -it meets all provisions of the building code and Town Code and the Building Department is notified in advance. The following signs shall be exempt from the permit re- quirement, but are subject to the other requirements of this code: Contractor signs; Real estate signs; (c) Holiday lights .and signs which are incidental and customary and commonly associated with any national, local or religious holiday,not to be displayed for more than sixty (60) days in one year. Informational/directional signs. Nameplates. Temporary interior signs Window Signs covering 10% or less of the window area. Non-profit organization directory signs. 26. Section 100-201(D) is hereby amended to read as follows: D. The Building Inspector shall review the proposed sign and can approve, deny or condition a permit based on the provisions of this code. with respect to all quantitative fa•c.tere. The Planning Board may approve signs which differ from the quantitative requirements set forth in this Article in the site review process, provided that a finding is made that said sign or signs conform to the general design principles outlined in 5100-202 hereof, and provided further that no sign shall violate the sign prohibitions and general restrictions listed in §100-203 •herein. 27. Sections 100-201 (E) and (F) are hereby deleted in their entirety and a new subsection (E) is hereby added to read as follows: E Afterappro*al Gr approval with nonditi onr, by the _P lEa.R R I n9 Board, the Building Inspes tsr shall i� Y norm j:t with a 1 1 applicable ..i-r. . T. (Reserved) E. If the sign does not comply with the provisions of this code, application for a variance may be made to the Zoning Board of Appeals. 28. Section 100-202 (General design principles) is hereby amended to read as follows: Decisions on sevie; i9:.s by sign applicants shall be guided by the following general design principles: A. Signs should be a subordinate part of the streetscape. B. Signs should be as small as practicable. C. Signs .should be as close to the ground as possible, consistent with required safety and legibility considerations. D. A sign should have an appropriate size relationship to the building upon which it is placed. E. Whenever feasible, multiple signs should be combined into one (1) sign to avoid clutter. F. A sign should not impair the visual effectiveness of neighboring signs. SEPTEMBER 6, 1994 73 G.' Garish colors and materials should be avoided: H. Signs which have dark background colors and Might letters are preferred in order to minimize the apparent size- of signs within the streetscape. I. Generally, signs on the same building should be within the same horizontal band and be of a similar height. J. Except in carefully designed circumstances, signs should be integrated with fences, walls or buildings and not be freestanding. K. Sign material should be durable, requiring little maintenance; use' of material such as corrugated plastic, natural aluminum, bulbous plastic letters, nbntextured plastic and glass tile should be avoided. 29. Section 100-203 (Prohibitions and general restrictions) is hereby amended to read as follows: A. Unless otherwise provided herein, nonaccessory signs, billboards, off premise-signs and mobile signs shall be prohibited in all districts. B. Flashing signs, including any sign or attraction device on which the artificial light 'is not maintained stationary and constant in intensity and color at all times when in use, are prohibited. C. Signs which compete for attention with or may be mistaken for a traffic signal are prohibited. No sign shall be erected in such a manner -as to obstruct free and clear vision for drivers, interfere with, mislead or confuse traffic or be located• where, by reason of its position, shape or color, such sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the words "stop", "look" or any other word, phrase, symbol or character or red, green or amber illumination or reflection. D. Balloons or other as-filled figures shall be prohibited. E. Permanent exterior signs made out of cardboard, paper, canvas or similar impermanent material are prohibited. F St-A ,, and approved methods { cgnstant 1IIuminatie- shall ae permitted on ground signs. -wall signs, and hanging signs; PEG- ''ded, ''nw�er, +- =—+-he4POR the a-re-a of �11um�naticn skull k�e caacaF+trated as to prevent- 111r-Mot 1 ­9 upon at GrF. Signs or attraction devices with visible moving, revolving or rotating parts, such as flags, banners or pennants, are prohibited. 7�.G. Except for holiday seasons or a period of fifteen (15) days from the date of a grand opening, no sign or part thereof shall consist of pennants,_ ribbons, streamers, spinners or other. similar moving, fluttering or revolving devices. -IH. Signs noting that a property has been sold are prohibited. J_I. No -portable or temporary sign shall be placed on the front face of any building or upon any lot, except as provided in §100-205G herein. ICJ. No signs other than signs placed by agencies of the government shall be erected on any public property, unless consent is first obtained from the Building Department. No sign shall. be placed. on any private property without the consent of the owner thereof. No sign shall be placed or painted on any tree or rock. No sign shall be placed on any utility pole except for utility identification ortsimilar purposes. 30. Section 100-204 (Limitation content or copy) is hereby amended-to read as follows: Information displayed on signs shall be limited to the name, address, logo, and nature of the business and products available or activity for which the building or premises is used. 74 SEPTEMBER 6, 1994 31. Section 100-205 (Specific regulations) is hereby deleted in its entirety and a new Section 100-205 (Specific Signs) is hereby adopt- ed to read as follows: A. Business center directory signs. The term "directory sign" shall mean any sign containing a list of names of business establishments located within a Business center. A business center means a site contain- ing multiple business uses sharing a common driveway. Each business center shall be allowed on the premises one (1) freestanding directory sign in lieu -of all other free- standing or, ground signs, to be used for the purposes of identifying the business center and the various business esta lishments located within the business center where the sign is set back fifteen (15)feet from the street line. No brand name advertising of any sort shall be allowed on such sign. Said sign shall not exceed fifteen (15) feet in height, measured from the top of said sign to the mean level of the ground surrounding the support of said sign. Each business establishment name shall occupy no more than 3 s . ft.in total area with an additional allowance of twenty percent (20%.) of the total for the name of the business center. Said sign shall comply with all other applicable provisions of this chapter. A permit issued by the Buildin Ins ector shall be re guired for each business center directory_ sign erected or maintained pursuant to this subsection. The a lication for said permit must contain an accurate drawing of said directory sign as well as a survey indicating the dimensions of said sign, its location and setbacks. B. Contractor Signs. A contractor, tradesperson, architect or building supplier may erect one name sign each on the site of construction during the period of work. The sign area may not exceed three (3) square feet and may be attached to a stake in .the ground located at least fifteen (15) feet from the street line. All contractor signs must be removed prior to issuance of a certificate of occupancy for the construction. C. Farm, garden or nursery signs. Signs may be allowed advertising only the Bale of farm, garden or nursery products grown on Eastern Long Island or of animals raised on the re- mises and the name of the farm, garden or nursery. D. Freestanding signs. . One freestanding sign is allowed for each frontage, on a public street or way subject to the following requirements: Freestanding signs are limited to either pole signs with no guy wires or signs permanently affixed to a fence or other wall separate from the principal building. All freestanding signs shall be located within and not overhang the property line. The location and design of such signs shall not present a hazard to pedestrian or vehicular traffic. The sign may be single- or double-faced and square footage will be calculated based on one side; The sign shall be set back not less than fifteen (15) feet from the pavement or five (5) feet from the sidewalk, whichever is greater. Under no circumstances shall the s3.gn be placed in the public ri ht-of-way; The sign shall advertise only business conducted on the premises, which shall means-all contiguous property in common ownership. (7). The sign shall be not more than twenty-four (24) square feet, the upper edge of which may not extend more than fifteen (15) feet above the ground. E. Historic signs. A siqn is an historic sign if it -existed prior to 1970 and has not be significantly altered since then. When the historic nature of the sign has been establ- ished to the satisfaction of the Building Inspector, he mad allow the reconstruction, repair-and a ntenance of historic signs for so long as the sign maintains the original size, appearance and location.. SEPTEMBER 6, 1994 75 F. Informational/Directional Signs. Signs are allowed which state open, closed, business hours, phone numbers and generic directions to the Facliity, parkingservice and products. Informational directional signs shall be a maximum of three (3) s.ft. in size. G. Nameplates. Non-illuminated name plates containing only names or professional signs containing only name and 2rofessional designation may be allowed. H. Nonprofit Organization Directory Sign. One directory sign may be erected in each hamlet .to identify nonprofit and civic orga- nizations within the hamlet, subject to the size and location requirements of the Business Directory sign. I. Real Estate Sign. One si n shall be allowed to advertise the sale or lease of real property. The sign may be either single- or double-faced and not larger than six (6) square feet in size. The sign shall be located at least fifteen (15) feet from the public right-of-way. All real estate signs must be removed immediately upon closing on the lease or sale This sign may be allowed in any zone. J. Roof sign. Roof signs may be erected upon or against a roof of a Building, but shall not extend above the ridge line of the roof. A sign which is placed anywhere on a parapet other than the fascia shall be a roof sign and may not extend above the top of the parapet. The top of such signs shall not extend, at its closest point, more than 12" from the surface of the roof. The vertical center of the sign shall be mounted no higher than the midpoint of the roof. Such sign shall not exceed a size in square feet equivalent to one-half times the length in feet of the structure. A business may have either a roof sign or a wall sign, but it may not have both a roof sign and a wall sign. A roof sign may not be illuminated. K. Subdivision sign. A sign shall be allowed to advertise the sale or lease of a subdivision of properties if the subdivision has a public road frontage of five hundred (500) feet or more. The sign may be either single- or double-faced and not —larger than twenty-four (24) square feet in size. The sign shall be located at least fifteen (15) feet from the street line. Said sign must be removed upon sale or lease of all properties with- in the subdivision. This sign may be allowed in any zone. L. Temporary signs. The erection, installation or maintenance of temporary signs, as defined herein, is hereby. prohibited, ex- cept as specified below: A temporary sign announcing special events erected by a municipal, charitable or nonprofit organization-, which does not exceed twenty-four (24). square feet in area, isper- mitted for a period not to exceed thirty (30) days. Temporary' interior signs announcing special sales or events shall be permitted in the Hamlet Business and Gen- eral Business Districts. Such signs shall cover no more Than twenty-five percent (25%) of the window area to which they are affixed, and shall be removed within twenty (20) days. If a business has a permitted freestanding or ground sign, a temporary sign may be hung from the exterior of the building or from the approved sign. The temporary sign shall not exceed 6 sq. ft in area and shall not project more than two (2) feet from the building and shall not obstruct pedestrian traffic. If a business does not have a permitted freestanding, ground or businesses center sign, a business may erect a temporary sandwich board or A-frame sign on the business premises if it does not hinder public access, traffic or vision. The sign may not exceed 6 sq.ft. in area and shall be set back at least fifteen (15) feet from all property .lines. The sign shall be removed at the end of each business day. 7 6 SEPTEMBER 6, 1994 No more than one (1) exterior temporary sign at a time shall be allowed on • a parcel of property. If there are multiple businesses on the property, they shall make in- ternal arrangements to share the sign. An external temporary sign may not be displayed for more than 90 days in a one (1) year period. M. Tourist Directional signs. Tourist related businesses (i.e. , hotel, motel, marina, restaurant) which are located off Rte 48 or 25 may have a generic eight (8) inch by twenty-four (24) inch sign on one of those roads. N. Wall signs. A wall sign or signs are allowed on the building wall, subject to' all of the following requirements It is attached to or incorporated in the wall and does not project more than one (1) foot from such wall; It advertises only the business conducted in such build- in ; It does not exceed one (1) square foot in total area for each horizontal foot of the business such wall facing a street. If multi-story businesses are within the structure, they share one wall sign allotment and shall allocate it among themselves. (4) It does not exceed in width one, hundred percent (100%) of the horizontal. linear feet of such wall, It does not exceed three (3) feet in height. The sign* shall not extend higher than the parapet in the case of one story buildings. In the case of buildings taller than one (1) story, such signs shall not extend above the bottom .of the sill of the windows of the second story nor extend or be placed more than fifteen (15) feet above the outside grade. No wall sign shall cover, wholly or partly, any wall open- ing, including doors, fire escapes and windows nor project beyond the ends of the wall to which it is attached. All such signs must be safely and adequately attached to said building wall by means satisfactory_ to the Building In- spector. A sign may be placed on a business canopy or awning and shall be treated as a wall sign and is subject to the size restrictions contained therein. O. Window signs. A permanent window sign means any sign which is painted on the window or is made of materials other than card- board, paper or canvas. A permanent window sign or combination of signs shall not cover more than ten percent (10%) of the total glass area upon which, or in which, it is affixed, dis- played or painted. If the window sign exceeds 10% of the window space, it shall be treated as a wall sign and is subject to the size restrictions contained therein. 32. Section 100-205.1. (Specific Sign Requirements) is hereby added to read as. follows: A. The following signs will be allowed in the Residential areas of the Town, which shall include all areas zoned A-C, R-40, R-80, R-120, R-200, R-400, HD and AHD: 1. Not more than two (2) nameplates not to exceed two (2) square feet in area. 2. One (1) sign identifying the residential neighborhood not more than eighteen (18) square feet in area, located not less than 15 feet from the street. 3. If the appropriate circumstances exist there may be a real estate, subdivision, contractor or yard sale sign. 4. Such other signs as may be authorized as variance by the Zoning Board of Appeals. B. The following additional sign shall be allowed in the A-C zone: 1. A farm, garden or nursery shall be allowed to have the signage permitted in Business areas. SEPTEMBER 6, 1994 7 7 C. The following signs will be allowed in the Business areas of the Town, which shall include all areas zoned RR, RO, LB, HB, B, MI, MII, LIO and LI: 1. Two (2) of the following alternatives: a. A freestanding sign; b. A business center directory_ sign; c. A window sign; d. A wall sign or a roof sign. 2. A temporary sign. 3. If the appropriate circumstances exist there may be a real estate, subdivision or contractor sign; 4. Such other signs as may be authorized as a variance by the Zoning Board of Appeals. D. Marinas may have a separate wall sign for the wall frontage facing the waterfront area they serve. 33. Section 1.00-206 (Unsafe, abandoned and unlawful signs) is hereby de- leted in its entirety and a new Section 100-206. (Sign illumination) is hereby adopted to read as follows: A. Except as provided below, a sign may only be lit from an exter- nal source. The source may be above or below the sign but must be shielded so that the light filament is not visible from adjacent streets or properties and so that the illumination is concentrated on the sign. B. Only freestanding, business center and wall signs in a shopping center or in areas zoned Hamlet Business may be internally illuminated. An existing sign which is capable of illumination may continue in use in other zones if the lights are not turned on. Both neon and internally illuminated signs are otherwise prohibited. C. Farm, garden.or nursery signs may only be illuminated during the hours of business operations. D. Wiring, raceways and appliances of a sign illuminated by electricity from outside shall conform with the regulations of the fire underwriters and shall bear the appro riate stamp signifying such conformity. 34. Section 100-207 (Continuation of existing signs. ) is hereby deleted in its entirety and a new Section 100-207 (Unsafe, abandoned and unlawful signs. ) is hereby added to read as follows: A. The owner of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such si n, including its illumination sources, in a neat and orderly con- dition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deteriora- tion in the physical appearance or safety of such sign. B. If the Building Inspector .shall find that any sign regulated herein is unsafe, insecure, damaged, deteriorated or a menace to the public or has been erected in violation of theprovi- sions of this chapter, he shall give written notice by certi- fied mail to the owner of the premises on which such sign is located, as shown on the latest town assessment roll. Said sign and all appurtenances shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within thirty (30) days after written notification from the Building Inspector. Upon the failure to comply .with such notice within the time specified therein, the Building Inspector is autho- rized to remove or cause the removal of such sign at the ex- pense of the person or persons named in such notice. Upon such removal, all costs and expenses incurred by the town for the removal and storage of such sign shall be assessed against the land on which such sign was located', and a statement of such expenses shall be presented .to the owner of the land. If such statement is not paid within thirty (30) days after its pre- sentment, the Building (Inspector may file a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the town. The Asses- sors, in the preparation of the next assessment roll, shall 78 SEPTEMBER 6, 1994 assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same pen- alty as is prov ded by law for the collection and enforcement of real property taxes •in the Town of Southold. The owner of the sign removed by the Building Inspector as hereinbefore provided shall not be permitted to redeem such sign until all expenses of removal and storage have been aid. C. If, in the determination of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to, be removed summarily and without notice. The cost of . such removal shall be paid by the town, and such amount shall be and become a lien upon the premises in question and shall be levied and collected in the same manner and under the same en- alties as an, assessment of a public improvement. 35. Section 100-208 (Transition.) is hereby added to read as follows: For a period of six (6) months after adoption of this ordinance, a person may obtain a sign permit for a sign which conforms to the provisions of the newly adopted code or the prior repealed code. Thereafter, a sin Permit maX only be issued for a sign which con- forms to the provisions of this code. 36. Section 100-209. (Non-conforming Signs) . is hereby added to read as follows: Any sign which holds a permit under the prior repealed code but which does not conform to the provisions of this chapter, shall be deemed a non-conforming sign. A non-conforming sign may be contin- ued, without enlargement, reconstruction or relocation, until it loses its -iTo-ncomforming status through the occurrence of any of these events: 1. The non-conforming use is damaged or deteriorated so that the cost of repair or replacement exceeds 50% of the original value of the sign; 2. The business which is served by the non-conforming sign changes to a new use or service (i.e. , retail to food) . 3. The business which is served by the non-conforming sign has been discontinued for a period of two (2) years or more. When a sign loses its nonconforming status, it shall be brought into compliance with this code and obtain a new permit, or it shall be removed. 37. Section 100-281(J) (1) (g) is hereby deleted in its' entirety and a new section 100-281(J) (1) (g) is hereby added to read as. follows: (a) s`gn�-. 'T'h' f e €eval1 slgns, except signs-permitted b y Sag- +-,-nn 00 31C(9) (a) sha11 bo one dollar ($1 00) for ­c:-nquare foot of ";g^ area, with a-minimum €ea of t�iorr€ �c�-dew The permit fee for all signs shall be fifty dollars ($50. ) per permit. II . This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) 25.- 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: I'd just like to comment, that this proposed law on signs is a very.• comprehensive law with many chapters and sections, that update the regulations pertaining to signage in this town. It follows from the recommendations of -the Stewardship Task Force with a number of meetings, that .the Code Review Committee has held, and has had a lot of input from many people.' SEPTEMBER 6, 1994 79 S. 26.- Moved by Councilwoman Lizewski, 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: Proposed "Local Law in Relation to Lighting" pursuant to the Town's police power. Light pollution is not beneficial to the health, safety and welfare of the residents of the Town and must be minimized. This ordinance prohibits excessive light and glare by any use, restricts lighting in the middle of the night and sets 26.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman . Hussie, Supervisor Wickham. No: Councilman Lizewski. This resolution was duly ADOPTED. 27.- Moved by Councilman Lizewski, seconded by Councilwoman Hussie, 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 Lighting"; 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, 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 Lighting 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 100-31 (B) (.5) (e) is hereby deleted in its entirety. e- Strfficierrt-exterior­ H+am+natiam of the site- sha+f- Ix-required-to provide-convetiierrce- an& safety- ,44F sac+r- H+anrinatiorr'sha+ be-sh+ekerd from-the v+ew-off aH- sarrotniding streets- and- fors:- 2. Section 100-31 (B) (5) (f) is hereby changed to 100-21 (B) (5) (e) . 3. Section 100-31 (B) (7) (e) is hereby deleted in its entirety. e- T4ie- d+rect- source-of aH-exterior- Hg+rting- sha+l- bc- sh+ekked from-the v+ew-of sarr-ot idirrg residentiai Fots.- 4. Section 100-31 (B) (8) (c) is hereby deleted in its entirety. e- Arl1- outdoor-Hg+tttimg- sha+i- be-arranged• and�-ot— sh+ekied to eHn irrate-the g+arc of Hg4it- - taward- mear{ y- resiclentral Fats-,- streets- or other pu-b-l+c facilities- 5. Section 100-31 (B) (8) (d) is hereby changed to 100-31 (13) (8) (c) . 6. Section 100-61 (B) (4) (d) is hereby deleted in its entirety. d.- No- Hg+* - sha+F- create a g+are on-adfairrirrg- property:- 7. Section 100-61 (B)(4) (e) is hereby changed 'to 100-61 (B) (4) (d) . 8. Section 100-101 (B) (12) (g) is hereby deleted in its entirety. f Gu door- area fig+rti ng- sha+f- bc-that gerrer-a+Fy required-far secar+ty ptrrpose-r and- sha+F- fie-restricted to the front onc--th+rd f V33 of the kAr deptir.- Al F outdoor-Hg+iting- sha+F- be-kmated-'at a he+ght of not nmt-e- than-fourteen {44# feet abotre- grottnd level- and- so d+rected that H+anrination shotrfd-not extend- beyorrc+ k A- Hrres:- 80 SEPTEMBER 6, 1994 9. Section 100-101 (B) (12) (h) is hereby changed to 100-101 (B) (12) (g) . 10. Section 100-191 (0) is hereby deleted in its entirety. O:- fHattrirrat+on- Off-strut- parking- areas should-be- adegtrafieiy-H+aminated-for convetrerrce- and- safety,-• btrt-no- Hsf-Ki ng-for parking- areas s ha+l- ca ase-g+are o n-a dj-oim t rrg propet-ties- 11 . Sections 100-191 (P) and (Q) are hereby changed to (0) and (P) . 12. Section 100-239.5 (Lighting) is hereby added to read as follows: INTENT - This ordinance is adopted pursuant to the Town's police power. Light pollution is not. beneficial to the health, safety and welfare of the residents of the Town and must be minimized. This ordinance prohibits excessive light and glare by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare. A. All outdoor lighting shall be shielded so that the filament is not visible from adjacent property and shall be arranged so as to minimize the projection of light and glare on adjoining properties. B. It is a general principal of.the Town that parking lot lights should be reduced in intensity between 11 :30 P.M. and '4:00 A.M. C. All freestanding outdoor lighting shall be located at a height of no more than fourteen (14) feet above ground level and the lighting shall be shielded so as to comply with all other restrictions on outdoor lighting. H . This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions * Overstrike represents deletions •2.7,.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Wickham. No Councilman Lizewski. This resolution was duly ADOPTED. 28.- Moved by Councilman Townsend, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby waives the Disposal Area Tipping Fee for the American Littoral Society's beach clean-up project on September 17 and 18, 1994. 28.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilman Lizewski, Supervisor Wickham. No: Councilwoman Hussie. This resolution was duly ADOPTED. COUNCILWOMAN OLIVA: This is just an example of what our policy was, that these people are coming out here for American Littoral Society. They are gathering volunteers from all over town to clean up some of our beaches, which we'd say by them cleaning up the beaches it's saves the Town the money for us going and cleaning up these beaches, so, therefore that is why we will waive the fees at the dump.' 29.- Moved by Justice. Evans, seconded by Councilman Townsend, 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. SEPTEMBER 6, 199481 DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Wineries", which amends Chapter 100 (Zoning) of the Code of the Town of Southold, by adding the definition for "winery", and identifies accessory uses at wineries. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment likely to occur should the proposal be implemented as planned. 29.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 30.- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 28th day of June, 1994, a proposed Local Law entitled, "A Local Law in Relation to Wineries"; and WHEREAS, this proposed Local law was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, September 20, 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 Wineries 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: INTENT: The wine industry has been an important component not only of the agricultural community, but the Town's tourist industry. In recognition of the winery's ability to contribute to the tourist industry, the Town is clearly defining a winery, adding sales of wine-related products as an accessory use and allowing for outdoor for-profit events under certain conditions. 1 . Section 100-13 (Definitions) of the, code of the Town of Southold is hereby amended by adding thereto the following: WINERY - shall mean and include any place or premises in which wine is manufactured and sold from drapes primarily grown on a vineyard of at least ten (10) acres owned or leased by the winery. 2. Section 100-31B(13) is hereby amended to read as follows: (13) Wineries for the production-and- sale- of wine-produced" from- grapes prtmar+kp grown in the vineyards on-wl-icir sacfr- wi nerq- i-s- Focatetf-- 3. Section 100-31C(11) is hereby added to read as follows: 11 Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wineglasses, decanters, items for the storage and display of wine, books on wine making and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use, but may have a non- commercial kitchen facility for private use by the employees. 4. Section 100-71 C(1) is hereby amended to read as follows: (1) Accessory uses as set forth in 'and regulated by §100-31C(1) through (7) and (11) of the Agricultural-Conservation District and subject to the conditions set forth in §100-33 thereof. 5. Section 100-81C(1) is hereby amended to read as follows: (1) Any accessory use as set forth in and regulated by §100-31C(1) through (8) and 11) of the Agricultural-Conservation District, and subject to the conditions set forth in §100-33 thereof. 82 SEPTEMBER 6, 1994 6. Section 100-91C(1) is hereby amended to read as follows: (1) Accessory uses as set forth in and regulated by §100-31C(1) through (7) and 11 of the Agricultural -Conservation District, and subject to the conditions set forth in §100-33 thereof. 7. Section 100-101C(1) is hereby amended to read as follows: (1) Accessory uses set forth in and as regulated by §100-31C(1 ) through (8) and (11) of the Agricultural-Conservation District, subject to the conditions set forth in §100-33 thereof. 8. Section 100-121 C(1) is hereby amended to read as follows: .Accessory uses set forth in and as regulated by §100-31C(1) through (1) - (7) and (11) of the Agricultural-Conservation District, and subject to the conditions set forth in §100-33 thereof. 9. Section 100-141C(4) is hereby amended to read as follows: Accessory uses set forth in and as regulated by §100-31C(11)of the Agricultural-Conservation District, subject to theconditions set forth in §100-33 thereof. 10. Section 100-274 (Fees) is hereby amended by adding thereto the following: G. For applications for public entertainment and special events permits, the fee shall be fifty dollars ($50.00) . II . This Local Law shall take effect upon its filing with the Secretary of . State. Underscore represents addition ** Overstrike represents deletions. 30.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 31 .- Moved by Councilwoman Hussie, seconded by Supervisor Wickham, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 28th day of June, 1994, a proposed Local Law entitled, "A Local Law in Relation to Public Entertainment and Special Events"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, September 20, 1994, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on this proposed Local Law, which reads as follows: A Local Law in Relation to Public Entertainment and Special Events BE IT ENACTED, by the Town Board of the Town of Southold as follows: INTENT: The intent of this amendment is to allow wineries to hold outdoor, for-profit events, under certain restrictions. 1 . Chapter 27 ($azaar"s,-fairs, cireuses and-publ4e emteFtai�mment) if hereby changed to (Public Entertainment and Special Events) 1 . Former section 27-1 E is hereby renumbered to 27-1 F, and a new section 27-.1E is hereby added to reads -as follows: E. If a winery holds an, outdoor..event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty dollar ($50.00) fee. In granting such approval the following factors must be considered: SEPTEMBER 6, 1994 83 1 . All parking must be off-street and traffic control must be provided by the winery; 2. Adequate sanitary facilities must be provided. 3. All food must be catered and, prepared off-site; 4. Events for 300 or more people require preparation of a traffic control plan. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions ** Overstrike represents deletions 31 .- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. Rescinded Se�atember 20, 1994 by Resolution #1 32.--Moved by Councilwoman Hussie, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Tracy A. LaPre as a School Crossing Guard, effective immediately, at a salary of $24.02 -per day. 32.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 33.- Moved by Councilman Townsend, seconded by Supervisor Wickham, WHEREAS, Section 104-b of the General Municipal Law (GML) requires goods and services not required to be competitively bid to be procured in a manner so as to assure the prudent and economical use of public monies, and WHEREAS, to reach that objective every Town shall adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML Section 103 or any other law; and WHEREAS, comments have been solicited from those officers of the Town involved with procurement; and WHEREAS, on June 28, 1994, the Town Board reaffirmed their procurement policy, NOT, THEREFORE, BE IT RESOLVED, that the Town of .Southold does hereby adopt an amended procurement policy to read as follows: TOWN OF SOUTHOLD PROCUREMENT POLICY GUIDELINE 1. Every prospective purchase of goods or services shall be evaluated to determine the applicability of General Municipal Law, Section 103. Every town officer, board, department head or other personnel with the requisite purchasing authority (hereinafter Purchaser) shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other Town departments and past. history to determine the likely yearly value of the commodity to be acquired. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity. GUIDELINE 2. All purchases .of a) supplies or equipment which will exceed S10,000.00 in the fiscal year or b) public, works contracts over S20,000.00 shall be formally bid pursuant to General Municipal Law Section 103. . GUIDELINE 3. All estimated purchases of.. • Less than $10,000 but greater or equal to $3,000. require a written request for a. proposal (RFP) and written/fax quotes from 3 vendors. • Less than $3,000. but greater or equal to $500. require an oral request for the goods and written/fax quotes from 2 vendors. • Less than $500. are left to the discretion of the Purchaser, but written/fax quotes are preferred. 84 SEPTEMBER 6, 1994 All estimated public works contracts of: Less than $20,000. but greater or equal to $10,000. require a written RFP and fax/proposals from 3 contractors. Less than $10,000. but greater or equal to $3,000. require a written RFP and fax/proposals from 2 contractors. Less than $3,000. but greater or equal to $500. are left to the discretion of the Purchaser but written/fax quotes are preferred. Any written RFP shall describe the desired goods, quantity and the particulars of delivery. The Purchaser shall compile a list of all vendors from whom written/fax quotes have been requested and the .written/fax quotes offered. GUIDELINE 4. All quotes shall be date stamped and shall be kept confidential until the purchase order is signed and returned to the department. Until that time no employee shall discuss any price quote with a prospective vendor or contractor. A copy of all quotes a.nd/or proposals shall be attached to the purchase order before it is submitted to the Accounting Department. All information gathered in complying with the procedures. of this Guideline shall be . preserved and filed with the documentation supporting the subsequent purchase or public works contract GUIDELINE 5. The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the Purchaser prepares a written justification providing reasons why it is in the best interest of the Town and Its taxpayers to make an award to other than the low bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement. GUIDELINE 6. A good faith effort shall be made to obtain the required number of proposals or quotations. If the Purchaser is unable to. obtain the required number of proposals or quotations, the Purchaser shall document the attempt made at obtaining the proposal. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement. GUIDELINE 7. Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances. a. Emergencies; b. Sole source situations; C. Goods purchased from agencies for the blind or severely handicapped; d. Goods purchased from correctional facilities; e. Goods purchased from.another governmental agency; f. Goods purchased under a state or county contract; g. Goods purchased at auction; h. Goods purchased for less than $500.00; I. Public works contracts for less than $500.00. GUIDELINE 8. All prospective purchasers of professional services should obtain a written/fax estimate and statement of qualifications .from at. least two sources except when otherwise directed by the Town Board. SEPTEMBER 6, 1994 85 GUIDELINE 9. A properly executed purchase order Is required for all purchases. Neither goods nor services are to be ordered without first obtaining a purchase order signed by the- Department Head and the Supervisor. GUIDELINE 10. This policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable. 33.-Vote of the Town Board: Ayes: Justice - Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman ' Lizewski, Supervisor Wickham. This resolution was duly ADOPTED. 34.-SUPERVISOR'S APPOINTMENT Supervisor Wickham rescinded his appointment of January 1, 1994 and May 3, 1994 to the Town Board Police Standing Committee, and appointed the following Town Board members to that committee: Councilwoman Hussie, Councilman Townsend, Councilwoman Oliva. 35.-Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to the Southold Town Tree Committee, effective September 22, 1994 through September 22, 1995, they to serve on said committee without compensation: Edward D. Dart, Chairman David A. Blados Ural Talgat Donald Wilcenski Ex officio member: Raymond L. Jacobs, Superintendent of Highways Ex officio member: Antonia S. Booth, Town Historian 35.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Councilman Lizewski, Supervisor. Wickham. This resolution was duly ADOPTED. 36.-Moved by Justice Evans, 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 three (3) members of the. Southold Town Tree Committee to fill vacancies. 36.-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: Resolution #37 is a resolution to consi.der . this no parking along the road, which we took up as a public hearing earlier this afternoon. 'This is the opportunity for the Board to either act on it, or to decide what we .want to do in the future. My proposal to the Board is that we table this for further study. COUNCILWOMAN HUSSIE: Yes, we all agree. 38•-Moved by Supervisor Wickham, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 23rd day of August, 1994, a Local law entitled, "A Local Law in Relation to Scallops"; and WHEREAS, a public hearing was held by the ',Town Board on the 6th day of September, 1.994, at which time all .interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 21 = 1994, which reads as follows: LOCAL LAW NO. 21 - 1994 A Local Law in Relation to Scallops BE IT ENACTED, by the Town Board of the Town .of Southold as follows: I . Chapter 77 (Shellfish) of the code of the Town of Southold is hereby amended as follows: 86 SEPTEMBER 6, 1994 1 . Section 77-201 (Definitions) is hereby amended by adding thereto the following: SCALP NET - A hand operated net attached to a handle with an opening across the mouth of no more than 14 inches. 2. Section 77-204A is hereby amended to read as follows: f - Sca+lops- miry- not be-taken-from-tawrr waters-dtrri ng- the period from-A-pH+ i to the th 4-d Stmday .i-r r September in each-year;-both-dates it�ckxsive - A. The Trustees of 'the Town of Southold may establish, by resolution, the dates of the commercial and noncommercial scallop season based on the environmental -and economic conditions in effect each year. 3.. Section 77-204(B) is hereby amended to read as follows: B.- Strbject to the pro-viskmT of this- sectiarr,- citn ing- the period from-the first-Monday after the third Stmday im September to Getobet- 9 im each-year;-both-dates ircicrsi e-,- not more- than-one-haif f if2� btrshel-of scaHops- rm-r be- taken-from-tower waters-k-r. any- one-f i j day- by- harm+ or with a scalp net- B. During the noncommercial scallop season, not more than one-half (1/2), bushel of scallops may be taken from town waters in any one (1 ) day by hand or with a scalp net. 4. Section 77-204(C.) is hereby amended to read as follows: C. During the commercial scallop season, scallops may be taken, subject to the prov-isiorts of this- sectk"; dtrring- the period from-Gctober- 46 to Marc+r 347 both-dates ittelusive-; scallops- nter be-taken-from town waters with a dredge or scrape having an opening at the mouth of not more than thirty-six (36) inches in width when towed by a boat operated by mechanical power or other means, provided that such dredge or scrape is brought aboard the boat by hand power without the use of a mechanical device. II . This Local Law shall take effect upon its filing with the Secretary of State. * Underline represents additions. ** Overstrike represents deletions. 38.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: Any one from the audience who would like to address the Board on any matter of their concern? RAY EDWARDS: Ray Edwards, Fishers Island, addressing the Board as the Fishers Island Sewer Commissioners. I have done some research, and found out that no work has been 'done on that other than their routine maintenance for eight months, and there's some serious problems that are going to arise down there, if these aren't taken care of.. Eight months is a long time. I know there's some kind of a committee. All I see with this Board is committees, committees, committees. JUSTICE EVANS: May I respond to that? I met with the engineering firm, because I have not received the latest engineering report for the '93, '94, and they sent that to me, and I got together with .them, and some other members that are on that sewer district, and they're talking to. the contractor, and perhaps to other contractors that have doing the maintenance, and repairs, and any capital improvements. We think we have things in hand. RAY EDWARDS: There are a lot of things in there that have to be done, and haven't been done. SEPTEMBER 6, 1994 87 JUSTICE EVANS: I'm aware of that. Once I got the report I could see the recommendations that were made last October, but I'm unaware that any action was taken on them, but I did not have the report until fairly recently to know what the recommendations were. Since then we've had the engineering to help us get started on those recommendations. RAY EDWARDS: Pointing this towards Ferry, when does the new contract go out to bid for the engineering firm? TOWN CLERK TERRY: I don't. know, Ray. I'm sorry I don't know. RAY EDWARDS: Does it come up in August? JUSTICE EVANS: We spoke with them back then, and I think that it comes up in October. TOWN CLERK TERRY: I wanted to say September or October. I'll look into it. SUPERVISOR WICKHAM: Thank you for bringing this to our attention, Ray. RAY EDWARDS: It could be a serious thing. Secondly, I'm wondering why your monthly reports have not been posted at the Bulletin Board here at -the post office? People are asking me. JUSTICE EVANS: People that have come to me have indicated that they're very happy that they are no longer there. I have no one come to me yet, and complain, that they weren't there. If you would direct those people to me, then I will know better on how people feel. RAY EDWARDS: I certainly will. SUPERVISOR WICKHAM: Is there anyone else who would like to address the Board on any matter of their concern? (No response.) Now, it's the opportunity for the Board to have some comments. Joe? COUNCILMAN LIZEWSKI : In reference to the Bed and Breakfast, that was brought up at our Legislative meetings. I think we'll probably try to discuss some type of recording of these meetings, so that-we have some type of record in the future, so we know when everybody who's there can refer back to them, rather be on tape, just to point out important parts of that meeting, and then recorded somewhere, but I think that some of these meetings . that we go to, , meeting after meeting, sometimes even I get confused as to what was said at the last meeting, or what was really accomplished, and I think that maybe we could institute some type of record keeping, Tom, of really what goes on other just going to the meeting. SUPERVISOR WICKHAM: Would anyone else on the Board like to make a comment? COUNCILWOMAN OLIVA: We had a report of the last of summer interns today, and I'd just like to thank ,all of the summer interns, that were here for planning, for the tax, for the business study. They've done a wonderful job, and saved us countless hours of research, and time, collecting materials, and they were just such an asset to the Town. I hope we can do it again next year. It was just a wonderful experience for them, and for us. Thank you. . SUPERVISOR WICKHAM: I would like to just briefly comment. I had the privilege of meeting a number of officials from State government at a meeting of the East End Environmental and Economic Institute last week, including the Governor, and the Commission of the DEC, and other officials with whom the Town has to interact for better or worse. Perhaps because it's election year my assessment was that there are gestures, at least from the State, of trying to assist the East End towns in a number of different ways, including dealing with road runoff from State roads. There is a proposal that the State is seriously considering for a Farmland Preservation Program comparable to the pioneering one that Suffolk County, and now Southold Town has carried out, and a number of other issues that have been brought to the attention of those officials. None of that would have happened if the towns of the East End hadn't in some sense pulled themselves together, and addressed the State collectively through this Institute. I'm pleased to say, that there is a growing conversion of interest on the part of the East End towns. This has nothing to do with 88 SEPTEMBER 6, 1994 the proposed county. It's the fact that there is increasingly a common interest on the part of these towns in addressing issues, and in presenting our needs to the State, and I think the effect of that is more productive than individual towns working by themselves. With that brief note, if there's nothing else _1 declare the meeting adjourned. Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board meeting. and hereby is adjourned at 5:55 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