HomeMy WebLinkAboutTB-12/13/1994 269
SOUTHOLD TOWN BOARD
DECEMBER 13, 1994
WORK SESSION
Present: Supervisor Thomas Wickham, Councilman Joseph J. Lizewski, Councilwoman
Alice J. Hussie, Councilman Joseph L. Townsend, Jr. , Councilwoman Ruth D. Oliva,
Justice Louisa P. Evans, Town Clerk Judith T. Terry, Town Attorney Laury L.
Dowd.
9:10 A.M. - Frank Field, Middleton Road, Greenport, met with the Town Board to
discuss expansion of his miniature railroad, which he currently runs in his
backyard. Mr. Field has a 7-Z acre parcel on Route 48, Southold, near Wheeler's
Garage, and felt this might be a more appropriate location. He only operates the
railroad in the afternoon on Sundays and holidays, and for the last three years has
been asking for donations, which have been shared . by Eastern Long Island Hospital
and the Railroad Museum of Long Island. If the Board approves the proposal, he
would , continue the operation in the same manner at Route 48. The Town Board
agreed they admire Mr. Field's generosity with his miniature railroad, and agreed
to discuss his proposal further. Councilman Townsend suggested a possible
expansion of his site to the adjoining Greenport Village property and around Silver
Lake. This will be explored with the Village.
9:40' A.M. - The Town Board met with Rabbi Steven Moss, Chairman of the Suffolk
County Ecumenical Anti-Bias Task Force and the Suffolk County Human Rights
Commission. Rabbi Moss discussed the Mission Statement of the Anti-.Bias Task
Force, and asked the Town Board to form a task force in Southold Town. Town
Board• agreed they would like to move forward on this, and will ask Greenport
Village to join with the Town.
10:10 A.M. - Steve Ridler, NYS Department of State, met with the Town Board to
discuss the acceptance of the proposals of Allee King Rose & - Fleming, Inc. to
provide consulting services for a Harbor Management Plan and a Local Erosion
Management Plan (see resolutions 13 S 14) . Mr. Ridley informed the Town Board
that the Town has received an additional $20,000 grant under the Local Erosion
Management Prgoram for a detailed examination of the Duck Pond Point to Horton
Point Shoreline (see resolution no. 15) .
EXECUTIVE SESSION - 11 :00 A.M.
On motion of Councilwoman Hussie, seconded by Justice Evans, 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 met with Labor Relations Consultants Vito Competiello
and Jamie Baker to discuss PBA contract negotiations and a proposed Memorandum
of Interim Agreement with the PBA (see resolution no. 19) , and a CSEA grievance.
12:30 P.M. - Recess for lunch.
270 DECEMBER 13, -1994
1 :40 P.M. - Town Board reviewed, a proposal from Cameron Engineering for
permitting the ferric chloride storage tank at the Scavenger Waste Treatment Plant.
Upon review of the proposal it 'was agreed there should be further definition of the
tasks and inspection of the plant.----Justice Evans submitted a proposal from JC
Sommers Associates Inc. to provide on-going operation and maintenance engineering
servies for 1995 for the Fishers Island Wastewater Disposal System (see resolution
no. 20) .----Solid Waste Coordinator James Bunchuck joined the Board for a
discussion on a proposal to close the scale house at the disposal area on Sundays,
effective January 1st, and to use the revenue saved by this measure to hire a part-
time employee for the office. The Board agreed it would not be prudent to close
the scale house on Sundays, but agreed to employ a part-time Data Entry Operator
to assist Mr. Bunchuck (see resolution 21 to advertise for resumes) .----Mr.
Bunchuck asked to be appointed to the Solid Waste Task Force (see resolution no.
22) .----The Town Board next discussed the revised proposed Local Law in Relation
to Bed and Breakfast Facilities, and with minor changes, placed a resolution (no.
23) on the agenda to transmit it to Town land County Planning for
recommendations.----Town Board next reviewed the revised proposed Local Law in
Relation to Lighting and agreed .to send it out for recommendations and set a public
hearing (see resolution no. 24) .----Supervisor Wickham and Councilwoman Hussie
proposed information sheets on signs for distribution! to applicants at the Building
Department or Town Clerk's Office. They will make revisions to their proposals and
resubmit to the Town Board.----Proposed Application for Sign Permit, and Sign
Permit, drafted by Senior Building Inspector Fisher, were reviewed, minor changes
suggested, and placed on the agenda for .a resolution to approve the format (no.
25) .----Considerable discussion on a memorandum from the Planning Board
recommending the creation and appointment of an Architectural Review Committee
responsible to the Planning Board. Councilpeople Lizewski and Hussie object to such
a committee, Councilman Lizewski stated it is only putting people through more
hoops. Justice Evans said she is not convinced of Ithe need, and both she and
Councilwoman Hussie would like to see what other towns have done. Supervisor
Wickham, Councilpeople Townsend and Olive are in favor. The proposals will go
to the Planning and Zoning Committee who will first check out how :this is handled
in other towns.----Town is in receipt of the Traffic Study requested - of Frank
Cichanowicz III in regard to his petition for a change of zone. Environmental
Consultants Cramer & Voorhis will be asked to submit their fee to review the
study.----Town Board agreed .to the appointment of, Frank Gillan as the Fishers
Island Senior Citizen Aide (resolution no. 26) .
3 :50 P.M. - The Town Board met with Ed Siegmann to discuss his request to
increase the senior citizen tax exemption from a maximum of $16,825 to $21,299. . Mr.
Siegmann said that the Suffolk County maximum is $251,000. Town Board agreed to
set a public hearing on the question of the increase (see resolution �no. 27) .
Assessor Chairman Scott Russell and Assessor Robert Scott were present and- joined
in the discussion.
4:00 P.M. - Town Board reviewed a letter from The League of Women Voters
Riverhead-Southold asking for funding from Southold Town for the costs of printing
a directory of services for the citizens of Southold Town. Supervisor Wickham will
obtain a cost estimate for the printing expenses.----Recommendation from the Land
Preservation Committee for the Town acquisition of two' parcels of property from Sue
Hanauer and Joan Bagley, one parcel being Hummel Pond, Southold. The Board set
a public hearing on the question (see resolution no. 28)1.
4:05 P.M. - Public Safety Dispatcher III John Raynor met with the town Board to
discuss -the expansion of the E911 system to cover Fishers Island. Following his
presentation the Town Board placed a resolution (no. 29) on the agenda to authorize
an agreement with NYNEX for the service.
EXECUTIVE SESSION - 4:35 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: Supervisor
Wickham, Councilman Lizew.ski, Councilwoman Hussie, Councilman Townsend,
Councilwoman Oliva, Justice Evans. Also present: Town Clerk Terry, Town
Attorney Dowd.----The Board discussed contract negotiations with the North Fork.
Animal Welfare League, and on the Baxter property, and personnel matters.
5 :25 P.M. - Work Session adjourned.
2 . 1
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on December
13, 1"994 ,at the Southold Town Hall, Main Road, Southold, New York.
Supervisor Wickham opened the meeting at 7:30 P.M., with the Pledge of
Allegiance to the Flag.
Present: Supervisor Thomas H. Wickham
Councilman. Joseph J. Lizewski
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: Would anyone like to move the approval of the
audit of the bills?
Moved by Councilwoman Oliva, seconded by Justice .Evans, it was
RESOLVED that the following bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $82,485.18; General Fund Part
Town bills in the amount of $20,442.73; Nutrition Fund bills in the amount
of.$5,417.54; Snap Program bills in the amount of $1,462,47; Highway Fund
Whole Fund bills in the amount of $24,985.29; Highway Fund Part Fund" bills
in the amount of- $13,159.82; Ag Land Development Rights bills in the
amount of $750.00; Lighting/Heating Capital A/C bills in the amount of
$1,400.00; Employee .Health Benefit Plan bills in the amount -of $11,936.12;
E-W Fire Protection District bills in the amount of $73,079.00; Fishers
Island Ferry District bills in the amount of $14,408.95; Shorecrest at
Arshamomaque bills in the amount of $12,364.55; Refuse and Garbage
District- bills in the amount of $41,795.19; Southold Wastewater District
bills in the amount of $6,038.30; Fishers Island Sewer District bills in the
amount of $99.96; Southold Agency E Trust bills in the amount of $5,664.36;
Fishers Island Ferry District bills in the amount of $749.07.
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 Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the minutes of the November 29, 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 Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the next regular meeting of the Southold Town Board will
be held at 4:30 P.M, Tuesday, December 27, 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: You probably all have copies of the agenda. We
have before us several reports, that the Board received this week, several
public notices, and there was a series of items for discussion. On the last
page of the agenda we had an order of business, and I'll just summarize
very briefly. Much of what we took up during the work" session, we took
up and will be appearing as resolutions under consideration tonight. There
are some of them, that aren't reflected in resolutions. One of them, that
was scheduled at 9:00 o'clock, we had a visitor, Mr. Frank Field from
272 DEC EMBER 13, 1994
Creenport, who has a miniature railroad, and he was .considering looking for
alternative locations, that could operate this railroad, which is basically
operated as a, not really as a tourist attraction, but as a benefit for kids
with small donations received, and contributed to the hospital, or to other
local charities. At 9:30 we had Rabbi Steven Moss, who spoke to us about
the Suffolk County Anti-Bias Task Force, which he is the Chair of,
proposing that we have one here in Southold Town, and the Board decided
that we would take this up further next week, when we meet jointly with
Green-port to see if the Village of Creenport wo l Id like to cosponsor it with
US. At 10:00 we met with Steve Riddler of the New York Department of
State, who is helping the Town on the Harbor Management Study, the
Coastal Erosion Study, and the Local Waterfront Revitalization Program, and
he outlined to us the ways that we can make use of the grants, that we're
getting for that, and the procedure in place to complete our Local
Waterfront Revitalization Project. We met in I Executive Session to talk
about our PBA contract negotiations, and the progress we're making there,
and then there were several discussions about Solid Waste. One of then has
to do with the thought that the Town would be closing the scales of our
Cutchogue Landfill on Sundays. When we prepared the Budget we found
that we can save some $27,000.00, if we closed the scales on Sundays. The
recycling center would still be open. People could still come in, and bring
their garbage, and dump it off inside the building, but we had thought
maybe that was a good way to save money. Recommendation from our Solid
Waste Coordinator was, maybe there are other ways to save that money, and
still be open on Sundays, and the Board took that under advisement, and
we, I think, decided today, that we will not be closed on Sundays despite
formally budgeting for -it that way. We found other ways to deal with that.
In the Planning and Zoning front, there's several things that will be with
us this evening in resolutions, but at 2:00 of clock we had a discussion
about the signs, the need to get out some: information to the public, that
explains what our new sign ordinance is all about, how it works, who has to
come in for new applications for signs, and who'' doesn't come in, who, that
have signs, those people who don't have to come in, and why. We have a
new Sign Ordinance. It was just recently adopted, and we're finalizing - a
publicity pamphlet about how it works to make that people can comply easily
with it. The Planning Board wrote us a letter' proposes an Architectural
Review Committee, a committee in support of the Architectural Review
capacity, that the Planning Board exercises, to assist the Planning Board. in
doing that. The Board reviewed that at some length, and ultimately
referred it to our Planning and Zoning Committee for further study, and to
get the comparisons of what other towns are do i ling, what has worked well,
what hasn't worked well, how to adopt it if we are going to adopt it in ways
that it doesn't add a lot of bureaucracy, and Ired tape, and difficulty to
applicants. We had several other studies, but I think almost everything
else we talked about tonight is reflected in one fashion or another in
resolutions, so I don't think I have to give any additional detail on that.
I . REPORTS.
1 . Southold Town Community Development Office Monthly Report for
October, 1994.
2. Southold Town Planning Board Monthly Report for October, 1994.
3. Southold Town Building Department Monthly Report for. November,
1994.
4. Southold Town Scavenger Waste Treatment Monthly Report for
November, 1944.
5. . Southold Town Program for the Disabled Monthly Report for
November, 1954.
6. Southold Town Recreation Department Monthly Report for November,
1994.
7. Southold Town Justice Tedeschi Monthly Report for November,
1994.
8. Southold Town Dog Shelter Monthly Report for November, 1994.
9. Southold Town Clerk's Monthly Report for November, 1994.
10. Southold Town Justice Evans' Monthly Report for November, 1994.
11 . Lawrence Healthcare Town Monthly Health Report for November,
1994.
12. Lawrence Healthcare Town Monthly PBA Health Report for
November, 1994.
D:ECE:MBER 13, 1994 273
II. PUBLIC NOTICES.
1 . New York State Department of Transportation Designation of
Restricted Highway on Route 25, west of Sound Road.
2. New York State Department of Environmental Conservation, Notice of
application- of Patrick Colagiuri to reconstruct existing bulkhead, and
replace and extend return, and place clean fill landward. Project is located
on Deep Hole Creek. Comments to be received no later than December 22,
1994.
IV. PUBLIC HEARINGS.
1 . 8:00 P.M., on a proposed "Local Law in Relation to Stop Signs".
2. 8:02 P.M., on a proposed "Local Law in Relation to Tipping Fee".
V. RESOLUTIONS.
SUPERVISOR WICKHAM: You have on your agenda a series of resolutions,
that begin on page three ,of the agenda in front of us, and I should not that
the audience is invited to address the Board for up to five minutes on any
one of the resolutions, that are on the agenda before us tonight. I there
anyone who would like to give us the benefit of your views? (No response. )
If not, I'd like to begin the resolutions, and turn to the Board if they'd
like to read the first one.
1 .-Moved by -Councilman Lizewski, 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 Contract Budget
Modification Request between the Suffolk County Office for the Aging and
the Town with regard to the Nutrition Program'Contract, which modification
results in a zero change.
I .-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 Councilwoman Hussie, seconded by Councilwoman Oliva, 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 Winter
1995 Recreation Programs, all in accordance with the approval of the Town
Attorney.
Liza Bagtiv.i (wateAco.Lot) .$20/hour
Thomas Boucher (guitar) . . . .
. . . . . . . . . . . . . . .$20/houA
Co,tne.?.e Cooperative Extenz.ion (.icec&e' am making) . . . . . . . . . . . . . .$100/prcognam
Sh.uc,l'ey DaA.Q,i,ng (.tenn.vs) At(t-zh 6tenc i ting) . . . . . . . . . . .$100/pAognam
. . . . . . . . . . . . . . . .$17/h�uA
Eugenia Chenouz ki (bo.Ck dancing . . � . . . . � � � � � � . . . . . .$1 /houA
Eu t End Chitdnen'b E►titen tainment (Power K.idz) . . . . . . . . . . . .$2 2 5/b how
Eab.t End lumance Senv.ica (de6ensive dhiv.ing) . . . . . . . .$35/pnyon
D.ivetuse Body Wotkz - Aiteen Roa.in (aenob.iu) . . . . . . . . . . . . . .$20/houA
Tom Fox (cartoon dAaw.ing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$22.50/c,2ai,.6
Dan Gebb.i,a '(dog obedience) . •
. . . . . . . . . . . . . . . . . .$45/dog
Impact Consulting (Lauren Grant) (calligraphy) . . . . . . . . . . ..... . ... $18/hoax
Hidden Lake FaAms (ho�eback) .$175/peuon
Kid 'N Ptay - Theneba watkeA (k.idz ptaycenteA) . . . . . . . . . . . . . . . .$35/ch.i.!?d
(pan.entlz time-out) . . $9/chitd
E.2eono,ta Kopek (ants chaU�) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$17/c,&u.6
Kim Ko4.ianowbk.i (youth pnogAam) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$13/houA
Mattitu.ck Lana (bowti.ng) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$30/putson
Irene Menendez (babtc is ant) . . . . . . . . . . . . . . 45/peu
on
Lauren .Pne�uteA (teen nigh) . 5/hour
Thene�a PAess.2eA (youth pAogaam) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15/hour
Mancha Prince (,6tep aenob.icz) . . . . . . . . .
. . . . . :. . . . . . . . . . . . . . . .$20/houA
Steve Smith (men'4 basketba t) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20/ctazs
(we.ight t a,in.ing) . . . . . . $17/hocA
Va.Lenti.ne Stype (youth £ men'.5 b"ke tbatt) . . . . . . . . . . . . . . . . . . . . .$15/houA
Ange,!?o T�rugtio (drama) . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$17/hour
U.S. Coast Guard Auxiti,an.y F.E'o�a 18-8 (aduPt�boating) . . . . . . ..$20/pennon;$25/coupte
Many Van Deuen (tine dancing) . . . .$30/houA
YMCA- - TheAe6a Marano (pa�cent .todd.Len pnogham) . . . . . . . . . . . . . . . . . $201patent
(pa snt education) . . . . . . . . . . . . . . . . . . . . . . . .$20/paAent
274 DEL EMBER 13, 1994
2.- 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 #3 on your agenda pertaining to an
agreement to increase security and establish a laboratory geared to ecology
at Inlet Park, we're holding tonight for additional] study.
4.- Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
the. following individuals to the Southold Town -Council on Veterans Affairs,
effective January 1, 1995 through December 31, 1995:
John A. Harris Veterans of Foreign Wars
Bernard A. Heaney Catholic War Veterans, St. Agnes Post No: 703, Greenport
Edward Scroxton A.R. Grebe American Legio Post No. 1045, Fishers Island
Edward Kruszeski Burton Potter American Legion Post No. 185, Greenport
Richard L. Diehl Griswold-Terry-Clover Amer!can Legion Post No. 803, Southold
Henry W. Drum Raymond Cleaves American Leqion Post No. 861, Mattituck
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 Councilman Townsend, seconded by Justice Evans, it was
RESOLVED that the Town 'Board of the Town of Southold hereby accepts the
bid of. Chemical Pollution Control, Inc., Bay Shore, N.Y., for the removal
and disposal of Household Hazardous Waste (from the Southold Town
Collection Center for calendar year 1995, all in accordance with the bid
specifications.
5.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman - Oliva,
Councilman Townsend, Councilwoman Hussiel, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
6.- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of ',Southold hereby authorizes
the Board of Commissioners of. the Fishers Island Ferry District to accept
the .bid and enter into a contract with Harold Cook, Fishers Island, N.Y.,
in the amount of $9,212.00, to perform specified Iwork on Building No. 209,
all in accordance with the bid specifications.
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 Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an Extension Agreement
between the County of Suffolk, acting through its duly constituted Youth
Bureau, the Town of Southold, and Family Service League, Inc., whereby
the Family Service League, Inc. will . provide individual and crisis
intervention counseling, plus alcohol and substance abuse
prevention/education services to the Southold Town Youth 'Services Program,
at a sum not to exceed $10,000, for the term of January 1, 1995 through
December 31, 1995.
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 Councilman Lizewski, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
bid of George Malvese l; Co., Inc., Hicksville, N.Y., in the amount of
$182,000 (Price of unit - $242,000, less trade allowance - $60,000), for
supplying the Town with one (1) new John Deere 744 Loader; and be it
DECEMBER 13 , 1994 275
FURTHER RESOLVED that the Town Board hereby exercises its . right to
waive informalities on those aspects of the Malvese bid which differ from
the bid specifications.
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 Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects the
bid of Cassell Truck Sales Corporation, Patchogue, N.Y., for supplying
the Town with a Cassel White CMC WCA64T Tractor Truck, at a bid
price of $66,650.00, whereas the vehicle does not meet the bid specification
in several important aspects, including wheel base, transmission, and engine
type; and be it
FURTHER RESOLVED that the Town Board hereby accepts the bid of
Gariel(i Ford Truck Sales E Services, Inc., Medford, N.Y., at a bid
price of $67,555.00, for supplying the Town with a new Ford LTS 9000
Tractor Truck, all in accordance with the bid specifications. -
9•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
10•-Moved by Councilwoman Oliva; seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute a Service Agreement
between the Town of Southold and Lawrence Healthcare Administrative
Services, Inc., for processing all medical and managed care benefit claims
with respect to the Town's self-funded Health Care Benefit Plan, at a fee of
$8.85 per employee per month for medical, and an additional fee of $1 .75 per
employee per month for a managed care program, for the period of January
1, 1995 through December 31, 1995, all in accordance with the approval of
the Town's Insurance Consultant William F. Mullen, Jr.
10.-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 Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an application to the
Senate Insurance Company for Excess (Stop Loss) Insurance in connection
with the Town of Southold's self-funded Health Care Benefit Plan, all in
accordance with the recommendation of the Town Insurance Consultant William
F. Mullen, Jr.
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 Townsend, seconded by Councilwoman Oliva, it was
RESOLVED- that the Town Board of the Town of Southold hereby approves
the payment of 1994 association dues for Chief of Police Stanley Droskoski
with respect to the following organizations: New York State Chief's of
Police Association, International Chief's of Police Association, Suffolk
County Ch.ief's of Police Association, Suffolk County Police Conference.
12.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
276 01=C EMBER 13, 1994
13.- Moved by Councilwoman Oliva, seconded by Justine Evans, it was
RESOLVED that the Town Board of the Town of' Southold hereby accepts the
proposal of Allee King Rosen & Fleming, Inc'., at a fee not to exceed
$24,770.00, to provide consulting services for a Town of Southold Harbor
Management Plan, and authorize Supervisor Thomas Wickham to execute an
agreement for said services, all subject to the receipt of the New York
State Grant for the study, and the approval of the Town Attorney.
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 Lizewski, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town lof Southold hereby accepts
the proposal of Allee King Rosen & Fleming, Inc., at a fee not to
exceed $44,940.00, to provide consulting services for a Town of Southold
Local Erosion Management Plan, and authorizes Supervisor Thomas Wickham
to execute an agreement for said services, all subject to the receipt of the
New York State Grant for the study, and the approval of the Town Attorney.
14.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
15 .- Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between the
New York State Department of State and the Town of Southold for additional
grant funds under the Local Erosion Management Program for a detailed
examination of the Duck Pond Point to Horton Point shoreline.
SUPERVISOR WICKHAM: That's an additional $'2'0,000.00 grant to conduct
that study.
15.- 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 Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the town of Southold hereby authorizes
the following 1994 Budget modification to the General Fund Whole Town to
appropriated donated funds for the Tree Committee:
To:
Revenues:
A2705 Gifts & Donations $ 54.00
Appropriations:
A8560.4 Tree Committee, Contractual Expenses $ 54.00
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 Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED. that the Town Board of the Town of Southold hereby authorizes
the following 1994 Budget modification to the General Fund Whole town to
cover over-expended budget line:
To:
A1220.1 Supervisor, P.S. $ 3,700.00
A1220.4 Supervisor, C.E. 500.00
A 1440.4 Engineer, C.E. 1,200.00
A1490.1 Public Works Administration, 'P.S.' 2,200.00
A1620.4 Buildings & Grounds, C.E. 25,000.00
A1670.4 Central Copying & Mailing, C.E. 5,700.00
A4010.4 Public Health, C.E. 1,800.00
A7180.1 Beaches, P.S. 1,500.00
A8090.1 Trustees, P.S. 5,600.00
A8160.4 Refuse & Garbage, C.E. 2,000.00
A9055.8 CSEA Benefit Fund 5,000.00
A9730.6 Bond Anticipation Notes, Principal 520.00
UEC, EMBER 13, 1994 7 7
From:
A1910.4 Insurance, C.E. $ 15,000.00
A 1990.4 Contingent, C.E. 700.00
A3510.4 Control of Dogs, C.E. 5,000.00
A7310.1 Youth Bureau, P.S. 25,000.00
A9040.8 Workers Compensation, Benefits 9,020.00
1 7•-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
18.-Moved by Councilman Townsend, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the. Town of Southold hereby authorizes
the following 1994 Budget modification to- the General Fund Part Town to
cover over-expended budget lines:
To:
Revenues:
B.599 Appropriated Fund Balance $150,000.00
To:
Appropriations
B1910.4 Insurance, C.E. $ 2,800.00
B3020.4 Public Safety Communications, C.E. 10,000.00
B3120.1 Bay Constable, P.S. 12,000.00
B3120.4 Bay Constable, C.E. 7,000.00
B 8020.1 Planning, P.S. 6,000.00
B9015.8 NYS Police & Fire Retirement 140,200.00
From:
Appropriations:
B1990.4 Contingent, C.E. $ 200.00
B8020.4 Planning, C.E. 6,000.00
B9040.8 Workers Compensation, Benefits 10,000.00.
B9060.8 Hospital & Medical Insurance, Benefits 11,800.00
18•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
1'9•- Moved by Councilman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the ' execution of Memorandum of Interim Agreement between the Town of
Southold and the Southold PBA by the Town's Labor Management Consultants.
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 Justice Evans, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
proposal, and authorizes Supervisor Thomas Wickham to execute the
acceptance, for On-going Operation and Maintenance Engineering Services
for 1995 ' for the Fishers Island Wastewater Disposal System, all in
accordance with the approval of the Town Attorney.
20.- Vote of . the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
21 •- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town' of Southold hereby authorizes
the Town Clerk to advertise for resumes for a part-time Data Entry Operator
for the Disposal Area, 17-' 1/2 hours per week, $7.87 per hour.
21 •- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
278 DEGEMBER 13, 1994
22..-Moved by Councilwoman Hussie, seconded by Councilman Townsend, it
was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Solid Waste Coordinator James Bunchuck a member of the Southold Town
Solid Waste Management Task Force, effective immediately, he to serve in
said position without compensation.
22.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
23.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva,
WHEREAS, there has been presented to the Town Board of the Town of
Southold a revised proposed "Local Law in Relation to Bed & 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 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 E Breakfast facilities.
BE IT ENACTED, by the Town Board of the Towne 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 maintaining the
residential integrity of our communities. This section provides clear
criteria for B&B approval and establishes a simplified permitting process
1. Section 100-31 B(15) is hereby amended as follows:
R5) T-he�er�igef-r�ot-mer-e-thaR4hr-ee4-3} Gms-+4;'-are-owper--occupied
dwelfi-Rgf9F4-Gdging q -sePAnQ-ef-break€ae net-mGr-e-than-,+x -6)
casual-afld4faFtsfeat-feemer�previded-that4he-r-entiRg of-such y
Fooms-fer=sbsla-puFpose4&cleary4-R ideatal-aa4-subordinate-#GAhe
prlasipal-use444-he- we4-4Rg,subfect-�e4e4ewiflg-r-equiferaents-
�}� r�e�v�„a;;-bye{-,prre4byides-for-st1Gh
'Try Pa FkiRg-&paGG5 fG' e Use the-
family of- he-ewaer.
f -N
a-prerniees-for�Gh a-bed-afld=
Iae s-authnrized evicts nr
V VI VT�JfeT.'
Bed-and-breakfast which has been issued a bed-and-breakfast
permit by the Building Inspector Said permit shall be issued for a
term-of one year if the following conditions are imet•
(a) A smoke alarm shall be provided on each floor and in every
quest room:
(b) The dwellinq shall have at least two (2) exits and there shall be a _
window large enough for emergency eqress in each quest room-,
(c) The identification sign shall be no larger than two (2) square X
feet; '
(d) No accessory apartment as authorized by Sec 100 31 B(14)
hereof.-shall be permitted in or on premises for which a bed-and-
breakfast facility is authorized or exists
DE' EMBER 13, 1994 279
2. Section 100=61 A(2) is hereby added to read as follows:
Bed-and-breakfast uses as set forth in and as regulated by Sec 100
31 B 15 .
3. Section 100-61 B is hereby amended to read as follows:
B. Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as a special exception by the Board of
Appeals as hereinafter provided and e,VG pt for the uses cot fGrt
Subsecti9n E3(5) heFeef7 are subject to site plan approval by the
Planning Board:
4. Section 100-61 B(5) is hereby deleted in its entirety as follows:
Bed and bFeakf stses aS Set fnr+h in fld as Fegula
31 E3( 5).
5. Section 100-61 B(6) and Section 100-61 B(7) are hereby renumbered 100-
61 B(5) and 100-61 B(6) respectively.
6. Section 100-71A(4) is hereby added to read as follows:
LQ Bed-and-breakfast uses as set forth in and as regulated by Sec 100-
31 B 15 .
7. Section 100-71 B(4) is hereby deleted in its entirety as follows:
(4) ged-,and-breakfa-st-use6-a&-&et- er444R-afld4equt,ated-b Sec--199-
G4te-plan-apPFGva 4s-r-&q u ired.
8. Section -100-71 B(5), Section 100-71 B(6), and Section 100-71 B(7) are
hereby renumbered 100-71 B(4), 100-71 B(5), and 100-71 B(6) respectively.
9. Section 100-81A(3) is hereby added to read as follows:
(3) Bed-and-breakfast uses as set forth in and as regulated by Sec. 100-
31 B 15 .
10. Section 100-81 B is hereby amended as follows:
B. Uses permitted by special exception by the Board of Appeals. The
following uses are permitted as a special exception by the Board of
appeals as hereinafter provided and;-except-#ar-bed-arid-breakfast
use,, are subject to site plan approval by the Planning Board:
11. Section 100-81 B(1) is hereby amended as follows:
(1) Any special exception use as set forth in and regulated by Sec. 100-
31 B of the Agricultural-Conservation District, except that wineries are
not required to be in connection with a vineyard, and except bed-and-
breakfasts.
12. Section 100-91 A is hereby amended to read as follows:
A. Permitted uses. The following are permitted uses and, except for
those uses permitted under Subsection A(1) and A(2) and A 19)
hereof, are subject to site plan approval by the Planning Board:
280 DEC EMBER 13, 1994
13. Section 100-91A(19) is hereby added to read as follows:
19 Bed-and-breakfast uses as set forth in and as regulated by Sec 100
31B(15).
14. Section 100-91 B(5) is hereby amended to read as follows:
(5) Road-bFe kfa&� e^t�r�;T.�e�� Boarding and/or tourist homes as
set forth and regulated b'y Sec. 100-61 B(5) of the Resort Residential
(RR) District.
15. Section 100-101 A(2) is hereby amended to read as follows:
(2) Any permitted use set forth in and regulated by Sec. 100-91 A(3) to
�183 19 of the Hamlet Business District.
16. Section 100-131 B(13) is hereby deleted in its entirety.
(13) Bed and bFeal faces+ us t s Fth . G
$d
17. Section 100-131 B(14) is hereby renumbered 100-1 31 B(13).
18. Section 100-141 B(2) is hereby deleted in its entirety.
(2wed-aad-br-eakfaa"ses a set, fl-arid-as-Feg lat d-by- 98-
318(45), P ded that RG site PlaR PP fed.
19. Section 100-141 B(3) is hereby renumbered 100-141 B(2).
20. Section 100-274B is hereby amended to read as follows:
B. For all other applications, including those involving commercial
property, containing a single request [for example, an application
requesting one (1) variance or an application requisition a special
exception], the fee shall be four hundred dollars ($400.), except that
the fee for a special exception for a bed-and-breakfast shall be two
hundred fifty dollars ($250).
21. Section 100-281 J(1)(i) is hereby added to read as follows:
,(8) B&B permit and inspection: one hundred dollars ($100 ) for the initial
annual permit and'fifty dollars ($50 ) per timely annual renewal
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstr'ike represents deletions.
** Underscore represents additions.
23.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman ' Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
24.- Moved by Councilwoman Oliva, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby refers the
proposed "Local Law in Relation to Lighting" to the Southold Town Planning
Board and the Suffolk County Department of Planning for their
recommendations and reports, all in accordance with the Southold Town Code
and the Suffolk County Charter; and be it
FURTHER RESOLVED that the Town Board hereby sets 5:05 P.M., Tuesday,
December 27, 1994, Southold Town Hall, Main Road, Southold, New York, as
time and place for a public hearing on this Local Law, which reads as
follows:
DEC EMBER 13, 1994 281
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-e,xterivt- H+urrrinatkm of the site- sha+F-
be--required-to provide-convenience- and- safety- AEI- sac+r
H+arrri natron s ha+l- be-s hi-ek ed from-the view-of a H-
sarrotMdingg streets- and- Fots:-
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. i he direct source-of-aH=axterivt- Hgirting- sha+F- be-
shi-ekfecd from-the view-of surrovrd4ig resk+entw Fotr-
4. Section 100-31 (B) (8) (c) is hereby deleted in its entirety.
c: Ari I- outdoor-Hgihti ng- s hail- be-arranged- an dY-cr t-
shiekiecF to eHn-irate-the g+are of Hghts- toward- neardy-
residentiai Four,- streets- or other pttW+c facilities-
S. Section 100-31 (B) (8) (d) is hereby changed to 100-31 (B) (8) (c) .
6. Section 100-61 (B) (4) (d) is hereby deleted in its entirety.
d-- No- Hgfits- sha+F- create a g+arc on-adfairririg- 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.
Otttdoot- area Hgfiting- sha+l-,bt-that genera ly
required-for secur+ty ptrt'poses- and- sha+F- be-restricted-
ta the front one--third f j f 3} of the Foe dept+r- AA i
outdoor-Hgfiting- shall- be-located- at a height of not n or-e
than-fourteen f 44j feet- above. grotrytd level- and- so d+rectet+
that H+aminatiurm should-not extend- beyotid� kA- Hues-
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 +Hunrirratton- Off-street- parking- areas shotrid-be-
adegtra-t-e{y-H+urriinated-far convee t erm, and- safety,- btrt-no-
hgfiting- for par-k4ng- areas sha+f- cause-g+are on-ad7-a'rn-irig-
propt�r-ti-es-.-
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 ado ted ursuant to the Town's -olice'
power. This ordinance prohibits excessive light and glare by ay use,
restricts lighting in the middle of the night and sets a maximumn height
for lights to minimize the potential for glare.
A. All outdoor lighting shall be shielded so that the light source
is not visible from ad acent ro erties and roadwa s. Li htin
fixtures shall focus and direct the light in such a manner as to
contain the light and glare within property boundaries
B. It is a general principal of the Town that parkinq lot lights
should be turned off or reduced in intensity between 11 :30 P.M. and
4:OOA.M.
282 DECEMBER 13, 1994
C. All freestanding outdoor lighting fixtures shall be limited to
a height of no more than fourteen (14) feet above ground level.
The fixture shall focus and direct the light as specified in
subsection A above.
D. Recreational lighting may exceed the above height limit but is
subject to the following standards:
1 . All intensive recreational lighting shall be so located on
-the property with reference to surrounding properties that
it shall be reasonably screened from view and
compatible with the existing or potential use of
neighboring properties.
2. No outdoor recreational facility, public or private, shall
be illuminated after 11 :00 P.M. except to conclude a
recreational or sporting event or any other similar
activity conducted at or in the facility which was in
progress under such illumination prior to 11 :00 P.M.
II . This Local Law shall take effect upon its filing ; with the Secretary of
State.
* Underscore represents additions
** Overstrike represents deletions.
24.- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution wa's duly ADOPTED.
25 .- Moved by Justice Evans, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts two
(2) new forms to be used by the Southold Town Building Department:
Application . for Sign Permit (ASP/94), and Sign Permit (sp/94), all in
accordance with the approval of the Town'Attorney.
25•- Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
- This resolution was duly ADOPTED.
26.- Moved by Justice Evans, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints
Frank Cillan as 1 a Senior Citizen Aide for 'Fishers Island, effective
immediately, 8 hours per week, $8.90 per hour.
26.- Vote of . the Town Board: Ayes:, Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
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 Local Law entitled, "A Local Law in Relation to Senior Citizen
Exemption"; now, therefore, be it
RESOLVED that the Town Board hereby sets 5:10 •P.M., Tuesday, December
27, 1994, Southold Town Hall, Main Road, Southold, New York, as time and
place fora public hearing on this Local Law, which reads as follows:
A Local Law in .Relation to Senior Citizen Exemption
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I . Chapter 85 (Taxation) of the Code of the Southold is hereby amended as
follows:
1 . Section 85=1 .A. (1) Partial Exemption for senior citizens, is hereby
amended to read as follows:
DECEMBER 13, 1994 283
Extent of
Exemption
Income (percent)
ap to $427024 up to $13,799 50
+2-025 to +27624 13,800 to 14,799 40 45
}2-625 to +3 2224 14,800 to 15,799 40
+3 2225 to. +3 624 15,800 to 16,799 35
13 825 to +47424 16,800' to 17,699 30
+47425 to +51 17,700 to 18,599 25
}5-025 to 157624 18,600 to 19,499 20
. }5-625 ,to +67224 19,500 to 20,399 15
1.6;225 to 467825 20,400 to 21 ,299 10
2 . Section 85-2A. Conditions, is hereby amended to read as follows :
No exemption shall be granted:
A. If the income of the owner or the combined income of the
owners of the property for the income tax year immediately
preceding the date of making . application for exemption
exceeds the sum. of sixteen thousand eight hundred twentq-
f+ve doH-ars f$+6-825..-} . twenty-one thousand two hundred
ninety-nine dollars ($21,299. ) . "Income tax year shall mean
the twelve-month period for which the owner or owners filed
a personal income tax return or, if no return is filed, the
calendar year. Where title is vested in either the husband
or the. wife, their combined income may not exceed such
SUM. Such income shall include social security and
retirement benefits; interest; dividends; total gain from the
sale or exchange of a capital asset, which may be offset by
a loss from the sale or exchange of a capital asset in the
same income tax year; net rental income; salary or earnings;
and the net income from self-employment, but not including
a return of capital, gifts or inheritances. In computing net
rental income and net income from self-employment, no
depreciation deduction shall be allowed for the exhaustion,
wear and tear of real or personal property held for the
production of income.
II . This Local Law shall take effect upon its filing with the Secretary of
State.
* Underline indicates addition.
** Overstrike indicates deletion.
27.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
COUNCILMAN TOWNSEND: A discussion on that resolution. The total
economic consequence to the taxpayers appears to be about $25,000. That
when balanced against the tremendous hardship, that a lot of senior citizens
are experiencing these days, justifies this proposal to us. Especially
considering that the County is now giving exemption of $26,000., and a
couple of our local school districts have already increased the exemption to
that $21,000. 1 think it's time for us to consider the same.
SUPERVISOR WICKHAM: 1 would just point out, this is not a - new
exemption. We've simply increased the exemption . from $16,000. something,
up to $21,000., something, and that's in line with same levels with
exceptions that a number of our school districts also have.
284 OECtMBER 13, 1994
28.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham, it was
RESOLVED that the Town Board of the Town of Southold, pursuant to the
provisions of chapter 59, Open Space Preservation, of the Code of the Town
of Southold, hereby sets 5:00 P.M., Tuesday, December 27, 1994, Southold
Town Hall, Main Road, Southold, New York, for a public hearing on the
question of the acceptance of the offer of Sue Hanauer and Joan Bagley
of the following property for acquisition by the Town of Southold:
SCTM#1000-50-6-4, southwest corner of Soundview Avenue and
Lighthouse Road, Southold, 4.945 acres.
SCTM#1000-50-6-5.7, west side of Lighthouse Road, Southold, 1 .9
acres.
28.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie, Councilman Lizewski,-
Supervisor Wickham.
This resolution was duly ADOPTED.
29.-Moved by Supervisor Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Thomas Wickham to execute an agreement between
NYNEX AND THE Town of Southold for expansion of the E911 service to
Fishers Island, said agreement all in accordance with the approval of the
Town Attorney.
JUSTICE EVANS: I would just like to say, that, the Fire Department passed
a resolution that was in support of doing this, the Fishers Island Fire
Department.
29.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
,Councilwoman Hussie, Councilman Lizewski, Supervisor Wickham. No:
Councilman Townsend.
This resolution was duly ADOPTED.
SUPERVISOR WICKHAM: We have two more resolutions tonight, but we'd like
to take them up after the public hearings, and not before. The public
hearings are scheduled to start at 8:00 o'clock. We have a few minutes, and
I would like to hear comments from the audience, if they'd like to address
the Board at any time now for a few minutes until 8:00 o'clock.
DIANE SMITH: Good evening, Supervisor Wickham, and Councilpeople. My
name is Diane Smith, and I'd like to just briefly say, in relation to the
proposed Bed and Breakfast law, that it is a business being put in a
residential zone,; and if you don't consider it a business then why the need
for a sign? Also, I'd like to know where the numbers are substantiate that
there are not enough accommodations out here. Also, I have a Professional
Association of Innkeepers International, a book that they had put out just
on insurance, and I won't go into the insurance issue, however, they do say
here, be aware ;that when, quote, selling,- quote, rooms for dollars you're
establishment becomes, quote, commercial, end of, quote. I thank you.
SUPERVISOR WICKHAM: Would anyone on the Board like to respond?
COUNCILMAN LIZEWSKI : This Bed and Breakfast has basically gone back,
it's gone. full circle back to the way it was, before it was actually
proposed with even more restrictions on it. It's no longer as a matter of
right, the way this Code has now been changed. You have to go through
the Zoning Board process much like it did before with, I think, even more
stringent regulations on it, than there were before, and so it's basically
gone full circle, and the direction were it was meant to be more lenient,
and I believe it actually has more restrictions on it now, and it is more
trouble to get now, than it was before the law was actually proposed.
SUPERVISOR WICKHAM: Joe?
COUNCILMAN TOWNSEND: Actually Joe just basically said what I was
going to say, that now it's more stringent than the one that is currently on
the books, and that the Building Department is required to inspect it, and
that was not a requirement before. In addition, you mentioned the sign
issue, which I guess there's some disagreement on the Board, but the fact
that you're allowed to put a B&B, or something that is—what is it, how
many square feet?
I
CiEC EMBER .13, 1994 285
COUNCILWOMAN OLIVA: Two square feet.
COUNCILMAN TOWNSEND: Two square feet, one by two sign, which is
about this big. Of course, a homeowner can put that same size sign with
his name, or a name of building, if he wants to call it the undesirable
abode, or something, he could put, that there. Our feeling is that it's
probably allowed anyway. It does specify the law, but I don't know if we
could keep somebody from putting B&B on a sign.
DIANE. SMITH: The connotation would be that it is commercial. You could
put your name, and the humble abode, or something like that, you could put
that on, too?
COUNCILWOMAN HUSSIE: I have to agree with Mrs. Smith. The very fact
that you put B&B up there advertises the place as a business. There's no
need for it for any other reason. That's not the name of the people who are
running it. It's called B&B, and it's there, and somebody on the Board
even mentioned that how will anybody find it unless it says B&B out there.
It's an advertisement, and a business.
SUPERVISOR WICKHAM: Mrs. Smith, would you like to comment additionally?
DIANE SMITH: I agree.
SUPERVISOR WICKHAM: I'd like to address the question you asked before
about who says there is a need for additional accommodations out here? I
don't have the figures at hand, and 1 can't point to specifics, but I would
say, that it's generally ,acknowledged that Southold Town has relatively few
accommodations in our town compared to other East End towns, and as a
tourist destination, as a possibility of having tourist out here who would
spend the night, and presumably stimulate our local economy, there is a
view in the tourist industry, at least, that we are somewhat short changed
by the lack of numerous accommodations. There are other towns out here,
who have far more accommodations then we do. I don't mean just a little bit
more. I mean like five times more, or eight or ten .times more than we do, so
I felt. that this was a reasonable way to expand the niche end of our
accommodations for purposes of augmenting-the basic economy in town.
DIANE .SMITH: Excuse me, but wouldn't we be better off putting them
in. .having the stores staying open later, like the Hamptons, if we're
trying to be a little more that. Have the stores stay open later, instead
of closing so early, having them in areas where people can walk the streets,
just like the Hamptons, and where they have the proximity to the stores,
to the restaurants.
SUPERVISOR WICKHAM: The Board has done a lot to do just that. We're
trying to promote businesses in and around our hamlet centers, or village
centers, with a walking ambiance, and the opportunity to stimulate that kind
of business. What you described is exactly the direction our Board has try
to go with. In fact, we established a policy to do just that back in the
early part of the year. I see it's eight o'clock, and I would entertain a
motion to recess, so that we can conduct our two public hearings.
Moved by Councilwoman Hussie, seconded by Councilwoman Oliva, it was
RESOLVED, that a recess be called at this time, 8:00 P.M., for the
purpose of holding a pubic 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 8:05 P.M.
SUPERVISOR WICKHAM: We have two things that went to public hearing,
and we can now take them as resolutions. Would anyone like to move either
of the two resolutions?
286 DEC EMBER 13, 1994
30.-Moved by Councilwoman Oliva, seconded by Supervisor Wickham,
WHEREAS, there was presented to the Town Board of the Town of Southold,
on the 29th day of November, 1994, a Local Law entitled, "A Local Law in
Relation to Stop Signs"; and
WHEREAS, a public hearing was held on this Local Law on the 13th day of
December, 1994, ! at which time all interested persons were given an
opportunity to bei heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 28 - 1994,
which reads as follows:
LOCAL LAW NO. 28 - 1994
A Local Law in Relation to Stop Signs
BE IT ENACTED, by the Town Board of the Town, of Southold as follows:
I . Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1 . Article 111 I Section 92-30 (Stop intersection) with stop signs) is
hereby amended by adding the following:
Direction Location
Stop Sign on of Travel At Intersection with hamlet
Spur Roadl East Highland Road Cutchogue
Crown Land Lane East Highland Road' Cutchogue
I1 . This Local Law shall take effect upon its filing with the Secretary of
State.
30.-Vote of the Town Board: Ayes: Justice Evans, Councilwoman Oliva,
Councilman Townsend, Councilwoman Hussie', Councilman Lizewski,
Supervisor Wickham.
This resolution was duly ADOPTED.
i
31 .-Moved by Justice lEvans,. seconded by Councilwoman Oliva,
WHEREAS, there 'was presented to the Town Board of the Town of Southold,
on the 29th day of November, 1994, a Local Law entitled, "A Local Law in
Relation to Tipping Fee"; and
WHEREAS, a public hearing was held on this Local Law on the 13th day of
December, 1994, ; at which time all interested persons were given an
opportunity to bel heard; now, therefore, be it
RESOLVED that the Town Board hereby enacts (Local Law No. 29 '- 1994,
which reads as follows:
LOCAL LAW NO. 29 - - 1994
A Local Law in Relation to Tipping Fee
BE IT ENACTED,; by the Town Board of the Town of Southold as follows:
I . Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is hereby amended to read as follows:
1 . Section 4874.13. is hereby deleted, and a new Section 48-4.B
is hereby enacted:
B. Bffecttve Gcteber--9, 1493, -ire -add-i-tiom to- the- fees- est-a-Wtshed
4n -§48=4fk-of this chapter, there shell -tie-w-fee -of three and
five-tenths-vents E$6-9351 per petmd en' kmds- conta-Wttg-
-the fefleMfvg-:
B. In addition to the fees established in §48-4A of this chapter,
there shall be a fee as prescribed by resolution of the
Southold Town Board, on loads containing the following.
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.
SUPERVISOR WICKHAM: That completes our resolutions for. this evening.
We've begun a discussion period. Are there other comments, that anyone in
the audience would like to make to the Board?
TOM SAMUELS: Tom Samuels. I just wanted to comment on your comments
about the B&B. It would seem to me that the question of adequate
accommodations upon the North Fork, particularly in Southold, is that there
was a market for those accommodations those accommodations would exist.
The South Fork 'does have five times the accommodations the North Fork
has. The reason being there's a lot more .going on in the South Fork. It's
more popular. It's more romantic. It's the place to be. You know the sense
I'm using. I don't think you can force tourism on the North Fork. There's a
I
DECEMBER 13, 1994 287
limit to what we have to offer. The vineyards, of course, have increased,
the day tripping, and they will continue to do. I think it's highly unlikely
that people are going to come down, and want to sample wine the entire
weekend. So, the idea that tourism can be a big factor in our economy is,
in my mind, somewhat misleading. We certainly would like it, but I just
wonder if the market exists. If the market existed, it would be here. What
can we do to encourage it?. It's hard to say. One of the things we have to
be very . careful of in the Waterfront Management Plan is that we do not
inhibit, in any way, the marinas, and the marinas' ability to function, and
expand. The Town Trustees have been very , good about that, and I'm
hopeful, of course, that the Town Trustees' rights under the patents will
not be infringed on in any way by the Waterfront Revitalization. You will
find upon reading the stuff that the Department of State has sent down. . of
course, the Department of State is going to change dramatically after
January 4th, but they're less than helpful in some instances. A lot of
the stuff they've been doing has been highly restrictive, so we have to
protect our environment, and at the same time allow the . marinas to
function. I think that boating and fishing, recreational fishing, are big,
big factors. I think the commercial fishing has seen better days. Hopefully
it will improve in time, but we'll see what happens, but as far as the
existence of motels, and accommodations, in my discussions with those who
own the facilities, they have approximately eight weekends of summer where
they are packed. Aside from that, it is a problem. They're off season
business may be impacted by the B&Bs. I don't know to what extent.
But, I think that when we look at tourism as one of one of principal
economic factors, it's somewhat misleading. Thank'you.
SUPERVISOR WICKHAM: Anyone else in the audience who would like to
address the Board on any matter of your interest? (No response.) Seeing
none, any members of the Board who would like to make any comments? (No
response.) We're all talked out. We had a long day. We prepared a bunch of
resolutions, did a lot of them during the day. Our Town Clerk worked
overtime from about 5:30 to about 7:30 finishing them all up. So, I guess
that's all. I'm open to a motion to adjourn.
Moved by Councilwoman Oliva, seconded by Justice Evans, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:15
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.
e
dith T. Terry
ouhold Town Clerk