HomeMy WebLinkAboutTB-11/13/1990 172
SOUTHOLD .TOWN BOARD
NOVEMBER 13, 1990
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson;,
Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff, Assistant Town
Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:45 A.M. - Warren Goldstein and Betty Brown of the NFEC to discuss their
.proposal wish respect to the amending the Code of the Town with respect .to the
elimination of drive-in or drive-thru restaurants. Mr. Goldstein asked for a the
inclusion of citizens on the Zoning and Planning Committee to address this matter
and other concerns of the public
10:05 A.M. - Richard Magill, Douglas Morris, and Walter Marczewski, scavenger
waste haulers, met with the Board to protest the current policy of the Village of
Greenport to close on all holidays. They would like prior notification so they may
make arrangements for obtaining fill tickets, and someone to contact when the plant
is closed. They also would like a Southold Town person at the plant to represent
the interest of the Town and the hau.lers. . Finally they would like 1 /2 load tickets .
to be available for sale year around. The Board agreed to the 1 /2 load tickets, but
cannot provide a Southold Town person to work at the plant. The Town already
pays the Village to operate the plant. The Town will be meeting with the Village
concerning the plant and will bring up the concerns of the haulers.
11 :15 A.M. - Elsa Pfluger, mother of Robert Pfluger, B.P. Wreckers Ltd. to see
what is Happening with the application of her son for a refuse disposal area on Coxs
Lane, Cutchogue. The Board feels they can issue a negative declaration and asked
the Town Attorney's office to draw up -a negative declaration with findings and
conditions.
11 :35 A.M. - For Discussion Items ; (1) Mattituck Youth Activities building has been
offered for possible use by the Town. Councilwoman Latson will investigate. (2)
B.P. Wreckers Ltd. See 11 :15 A.M. meeting with Elsa Pfluger. .(3) Applications
for membership on the Southold Town Youth Board. Town Attorney Arnoff asked
for an extension of the time for accepting resumes for an additional two weeks. (4)
Water Study for Fishers Island - is - being handled by Assistant Town Attorney
Kiernan, who has appeared before the Suffolk County Legislature, and Supervisor
Harris will speak to the Legislature on November 21st. (5) Letter from Rudolph
Bruer, attorney for the Southold - Fire District asking for a refund of a tipping fee
paid for removal. of .asphalt from the firehouse site.--Board agreed to do so would
involved many, many taxing entities and not-for-profit organizations, therefore
cannot honor Mr. Bruer's request. (6) Request FMHA financing of income eligible
applicants in the Cedarfields Affordable Housing project (see resolution no. 32) . (7)
.Letter from Cramer 8
Voorhis asking whether the Town Board ..will accept one DEIS for both the Thompson
and Gray change of zone petitions, or a separate DEIS for each?. Board requires
a separate DEIS for each petition. (8) Proposed "Local Law in Relation to Garage,
Rubbish and Refuse Use" which would exempt vehicles transporting• recyclables from =
the need for a landfil permit.--Board determined this would be difficult to enforce.
During this discussion it was decided to extend to the DEC, upon their written
request, a two week extension of 'the comment period for the DGEIS on the Solid
Waste Management Plan. Board also asked the Town Attor.ney's Office to begin
drafting mandatory recycling regulations.
'12:45 P:M. - .Recess for lunch.
2:10 P.M. - Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it
was RESOLVED that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman .Penny, Councilwoman
Oliva, Councilwoman Latson, Councilman Wickham. Also present: Town Attorney .
Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry-.--The Board met with
Barry Warren, Special Counsel.
NOVEMBER 13, 1990 173
3:20 P.M. Frank Kujawski, Jr. , member of the Long Island Park Commission, met
with the Board to matters of concern with respect to Fort Corchaug, and the Laurel
Lake properties, which are in the Special Groundwater Protection Area and should
be purchased with 1 /4o sales tax monies. Robert Villa was also present, and
described this area as the Hither Hills of Southold Town. Supervisor Harris and
Councilman Wickham will go to the County on these matters.
3:45 P.M. - Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Justice Edards, Councilman Penny, Councilwoman Oliva,
Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff,
Assistant Town Attorney Kiernan, Town Clerk Terry.--The .Board met with Scott .
L - Dobriner who is working ' for a two month period on behalf of the Town, and
assisting Cashin Associates with the Local Water Revitalization Program. Mr.
Dobriner's compensation was discussed.--Other personnel matters, pending litigation,
and appraisals for possible purchase of property was discussed.
5:30 P.M. - For Discussion Items (continued) : (9) 1991 - 1995 contract with the
Village of 'Greenport for fire protection and emergency service to be furnished by
the Village to the-"East-West Fire Protection District". Supervisor will talk to the
Village - Board concerning the renegotiation of the contract. (10) (1) Request of
Robert Marshall for a refund . of his building permit fee.-" Board denied. Refund
cannot be granted merely because it became "useless" to Mr. Marshall. (11) Bid .
of New York-Tire Recycling. Co. for removal of tires from the Landfill Site for 1991 -
(see resolution no. .36) ... . (12) Bid of B.P. Wreckers, Ltd. for removal of-scrap
newspapers from the Landfill Site for 1991. - held for November 27th meeting. (13)
Bid of Franza's Universal Scrap . Metal Inc, for removal of scrap metal from the
Landfill Site for . .19.91,_ f see resolution no. 37) . (14) Proposed Intermunicipal
Agreement for Recyclables -.with the East End Recycling Cooperative (see resolution
no. 38) . . (15) .Architectural Review - Draft Report on Architectural Review to be
-sent to the Legislative Committee after setting forth the specifics by the Planning
and Zoning Committee. (16 E 17) Comments. from Cramer, Voorhis 8 Associates with
respect to the Draft EIS on Southold Commons and Jem .Commons, owned by Emanuel
Kontokosta. Town Clerk to submit to Mr. Kontokosta, requesting him to incorporate
'v the response to the comments in the Draft. Environmental Impact Statements for each
'project. (18) Letter from the Planning Board concerning the renewal of the
performance bond for major subdivision The Woods at Cutchogue (see resolution no.
39) .: _
5:40 P.M. - Audit of outstanding bills.
Session. adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, November
13, 1900, at the Southold Town Hall, Main Road, Southold, New York, Supervisor
Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag..
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
_. "Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: Before we proceed with the business of the evening, I'd
like to tell you about a little tragedy, that has hit our family here of Town employees.
Denise Ross, one of our clerical staff in the Assessor's Office, Sunday morning
early totally lost her house due to fire. She was very fortunate, that she got
out with her family, and her -two sons barely with the clothes, that they had on
their back. Her house, obviously, and belongings were totally destroyed, and
we have set up a sort of relief fund for Mrs. Ross. You can schedule it through
Paddy in my office, which is being coodinated with the Baptist Church in Cutchogue.
Any clothing that you may have, she has two teenagers, one thirteen, and one
seventeen, two boys. Any clothing, or any donations, that you feel that you could
help her out with to relocate, and right now she's living with her grandmother
on a temporary basis, would certain be helpful for her and her family, and greatly
174 NO VEMBER 13, 1990
appreciated and. the Town Board is doing all it can to further her comfort with
the holidays coming up, and certainly the cold weather. So, I just thought I'd
announce that, and see what we can do to benefit her family. At this time, we
need a motion for approval of the audit of the bills for November 13, 1990.
Moved by Justice Edwards, seconded by Councilwoman Oliva, .it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $164,951 .79; General Fund Part Town
bills in the amount of $33,625.24; Nutrition Fund bills in the amount of $6,418.76;
Adult Day Care bills in .the amount of $233.08; SNAP Program bills in the amount
of $1,794.10; EIS.EP Program bills in the amount of $44.20; Highway Fund Whole
Town bills in the amount of $4,371 .76; Highway Fund Part Town bills in the amount
of $14,360.13; Capital Projects Account bills in the amount of $87,000:00; Ag Land
Development Rights bills in the amount of $1,500.00; Open Space Capital Fund
bills in the amount of $149,900.00; Computer Capital Account bills in the amount
of $295,000.00; Employee Health Benefit Plan bills in the amount of $54,722.44-
Fishers Island Ferry District bills in,the _amount of $103,893.67; Wendy Drive"
Improvement District bills in the amount of. $ 445ADO, Fishers Island Sewer District
bills in the amount of $575.05; Fishers Island, Ferry District Agency and Trust
bills in the amount of $659.14;Southold Wastewater bills in the amount of $18,647.68.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny., Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.,
SUPERVISOR HARRIS: A motion to approve the minutes of the Board meeting of
October 23, 1990.
Moved by Councilwoman Oliva, seconded by Justice Edwards, it- was
RESOLVED that the minutes of the Town Board meeting of October 23, 1990, be
and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes of Special Board
meeting of October 16, 1990.
Moved by. Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the minutes of the Special Town Board meeting of October 26, 1990,
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion for a Special Town Board meeting fo'r
Wednesday, 5:00 P.M., Novemeber 14, 1990.
Moved by Councilwoman Latson, seconded by Councilman Wickham, it was
RESOLVED that a Special Meeting of the Southold Town Board will be held at 5:00
P.M. , on November 14, 1990, at the Southold Town Hall, Main Road, Southold,
New York.
Vote of. the Town Board: Ayes: Councilman Wickham,. Councilwoman Latson,
Councilwoman Oliva, Councilman .Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion 'for the next regularly scheduled' meeting date of November 27, 1990, 7:30 P.M.?
Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that a regularly scheduled meeting of the Southold Town Board will
be held at 7:30 P.M. , on November 27, 1990, at the Southold Town Hall, Main Road,
Southold, New York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman 'Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
1 . Southold Town Police Department Report for month of September, 1990.
2. Community Development Monthly Report for September, 1990.
3. Southold Town Building Department Monthly for.: 0ct(bber_,_:-1990,.:.
4. Scavenger Waste Treatment Facility Report for October, ' 1990.
5. 350th Anniversary Financial Report through October 31, 1990.
6. Southold Town Clerk's Monthly Report for October, 1990.-
.7. Southold Town Justice Edwards' Monthly Report for October, 1990.
8. Lawrence Healthcare CSEA Benefit Report for October, 1990.
9. ., Lawrence Healthcare PBA Benefit Report for October, 1990.
10. Southold Town Justice Tedeschi's Monthly Report for October, 1990.
NOVEMBER 13, 1990 175
11 . Southold Town Recreation Department's Report for October, 1990.
_ . 12. Councilman's 'Report.
.13. Supervisor's Report.
II. PUBLIC NOTICES.
1 . New York State Department of Environmental Conservation, Notice of
Complete Application .to maintaince dredge a 1200' x 60' channel to 6' below mean
low water. Project is located at the end .of Pine Neck Road on Jockey Creek,
Southold, New York.
2. U.S. Army 'Corps of Army Engineers, Public Notice, Clarification of
the Phrase "Normal Circumstances" as it Pertains to Cropped Wetlands. This expires
December 31 , 1993 unless revised or rescinded sooner.
3. New York State Department of Environmental Conservation, Notice of
Application for- Permit to process fish in the Internal Waters of the State of New
York by Mayflower International, Ltd., and Captain Mark Phillips to permit the.
purchase and processing of Atlantic herring by a foreign vessel.
4. 'Public Notice of Southold Town Fall Clean-Up Week November 26 to 30,
1990, by the Southold Town Highway _Department.
5. New Yorke State Committee on Alcoholism and Drug Abuse, Assembly
Standing Committee on Social Services, Notice of Public Hearing on management .
of multi-agency funding streams for holistic alcoholism and drug abuse services,
Tuesday, November 13, 1990, 11 :00 A.M_ ., State Commission on Investigation, Room
2527, 270 Broadway, New York City. '
III. COMMUNICATIONS. (None.)
IV. PUBLIC HEARINGS.
SUPERVISOR HARRIS: We have three- public hearings for tonight, and they will
be starting at 8:00, 8:02, and 8:05 sharply.-
1. 8:00 P.M., "A Local Law in Relation to Mooring Permit Fees".
2. 8:02 P.M., "A Local Law in Relation to Sewer Rent".
3. 8:05 P.M., "A Local Law in Relation to Change of Zone Petition Fees".
V. RESOLUTIONS.
SUPERVISOR HARRIS:: - At -this .time, 1'd like to go out to the audience, before
we go into resolutions. Are there any members, that would like to address this
Board on any resolution, that we'll be entertaining tonight?
FRANK CARLIN: Frank Carlin. Laurel. I. have several here I'd like to review.
Item 21?
SUPERVISOR HARRIS: Are these resolutions, 'Mr. Carlin?
FRANK CARLIN: Is that done once a year, or how?
SUPERVISOR HARRIS: That's done by. bid, yes.
FRANK CARLIN: Once a year for .the Police Officers' uniforms?
SUPERVISOR HARRIS: It's a contract for dry cleaning, that deals with the uniforms,
Mr. Carlin.
TOWN CLERK TERRY: It's for 1991 , for the entire year.
FRANK CARLIN: That's what I said. The Manno Uniform and Security Equipment
-Is that brand new uniforms, or is that winter uniforms?
SUPERVISOR HARRIS: These are their standard uniforms, that was accepted by
bid, which .was opened up on the 7th, and these are for clothing for the year 1991 .
EF
TOWN CLERK TERRY: Summer, winter, shoes, coats, hats, everything.
FRANK CARLIN: I don't understand this. Coats, hats, , you know last year you
had the same thing. You don't wear out a coat in a year. I don't understand
this. You keep buying coats, and last year you had 'the same thing. You had
a resolution to buy the Police Officers hats, coats, and gloves. , Then you turn
around and you're doing it again. You know. I was issued a coat at Grumman's
and I had it for twenty years. If they need them, but I can't see going over and
over, again. You're trying to cut the budget. You're trying to save money here.
You're trying to save the taxpayers some money, and you're going ahead and just
buy new coats, again, and new gloves. Do they throw them away after just one
year?
176
NO VEMBER 13, 1990
SUPERVISOR HARRIS: Part of this, Mr. Carlin, is through the PBA contract.
Their entitlement is approximately $300.00 a year. That's all' they're allowed.
FRANK CAR.LI N: Just cause the PBA says. what they want, doesn't mean to say
the Board has to give it to them.
SUPERVISOR HARRIS: This was negotiated in the contract of September 1989,
Mr. Carlin.
FRANK CARLIN: In other words, they get new coats every year then?
SUPERVISOR HARRIS: This is a clothing allowance. That's all this is. I'll turn
this over. to Mr. Penny, who negotiates the contract. He's in the process of
negotiating a contract for this year., and has for several years .past, and has been
on the Police Committee, and maybe he has some information he'd like to share with
US.
COUNCILMAN PENNY: This is not buying' anything. This is establishing a list
of prices, so that the PBA allowance is given to each individual officer can be
stretched out as far as possible by the Town obtaining bids through the bid
process to assure, number one, the quality of the materials, that they're getting
and number two, the lowest price. The Town is not buying anything. The
individual are using their $300.00 allotment to purchase or replace items, which
they wear out from time to time. That's all it is. They have a $300.00 allowance
by PBA contract on an annual basis.
FRANK CARLIN: You need a resolution for this amount?
COUNCILMAN PENNY: We do this to assure the quality and the price, that they
get the best that's available for the amount of money that we give.
FRANK CARLIN: 1 have a friend in Florida. Every little counts, when you start
to save money, when you try to save money in the town, you know, the budget.
The way taxes are now. First it's ten thousand yards of soil, you buy sand. It's
a shame that we sold all our sand all through the past years, and now we have
to buy it `back at a higher price.
SUPERVISOR HARRIS: You're right, and we'd certainly like to get back into the
sand mining business, if at all possible, Mr. Carlin.
FRANK CARLIN: Okay. This one says fuel oil, deisel oil, Agway. Did you have
copies what you put out for bid? Is Agway the lowest?
SUPERVISOR HARRIS: Yes, it goes out to bid'.. All of these fuel companies come
by with their price, and Agway has received the bid .price, which is approximately
$.03 over rack price.
FRANK CARLIN: Authorization to sell three Police cars, they're used, right?
understand you're going to but two new ones. I think we talked about this last
year. Was there any local bids been put out for any local dealers, `or are you
going to get them again from the west end?
SUPERVISOR HARRIS: This is purchased off of County contract, Mr. Carlin.
Suffolk County contract is where these cars come from. _
FRANK CARLIN : So, you have nothing to say where you get them from?
SUPERVISOR HARRIS: We do. It comes from the County contract, which goes
out to bid of all the dealers, and who ever this dealer has received the lowest
bid, that's who the County deals with, and we purchase through the County.
FRANK CARLIN : I'd like to see some local dealerships get a break once in awhile,
instead of getting it from the west end, or New Jersey, wherever. Keep the money
in the town.
SUPERVISOR HARRIS: Thank you, Mr. Carlin. Is there anybody else, %that would
like to address the Board? Yes?
LARRY TUTHILL: Larry Tuthill from Greenport. I'd like to address the Board
in regard to Resolution- #10,- reconstruction of Gull Pond. A attended by first Town
Board meeting with regard to Gull Pond many years ago. This was before even
Mrs. Terry's time, and the Town Board used' to be on South Street in Greenport.
Then they were proposing to do what has been built at Gull Pond. My mother
went with petitions around the neighborhood, and they fought against it. Almost
all the neighbors were opposed to it, but the Town Board went ahead, and built
the bulkhead there, making concessions to the residents, saying that noboats
NOVEMBER 13, 1990 177
could be tied up at the slips, and. also, that. the gate would be there. The Town
Board, one of the reasons they disregarded the neighbors, was that they said,
this wouldn't cost us anything. We were going to get the money from ,_the State,
and now a couple of. .years later., ten, twelve, however many, you're having to
reconstruct this. It definitely needs it all along there. I guess the point I'm
trying to make to this Town Board is, just because you're going to get something
for free doesn't mean you're to have to pay for it down the road, because a lot
of wetlands were destroyed at that time, particularly on the side away from the
channel. There are wetlands there, and no boats are docking there, and being
used for no purpose at all, so I'd just like to bring this to the Board's attention,
something that was done many years ago. The Town is now having to pay for
it,:_even though we :were told that .we wouldn't have to pay for it originally.
COUNCILWOMAN LATSON: -No boats,.. at all, dock on the west side of the channel,
the side towards Mattituck or Southold?
LARRY TUTHILL: No. Away from the boat ramp.
COUNCILWOMAN LATSON : After you come out of the channel you go around the. .
LARRY TUTHILL: ::TheyAie up right next to the boat ramp.
COUNCILWOMAN LATSON : Maybe we don't have to reconstruct that portion. Let
it return to it's natural state.
LARRY TUTHILL: It would cheaper to it all-outThat's certainly something you can
consider. I mean, .if there is no reason for that bulkhead there, other than to
increase the parking lot. _. But that, might be something you would want to .consider.
SUPERVISOR HARRI.S: Mr. Tuthill, this project has been dragging for approximately
five years. It's been in a dire state .of repair,. The .Town has not moved on it,
and if we don't move quickly, at this point; if"will cost multi-millions of dollars
now to replace that bulkhead on both sides in it's entirety, and I think the repairs
that we're going to do are just that, repairs- to keep it upright, and keep it with
a channel that can be open, and a parking lot, that will not fall in,as you mentioned
especially on the west . The east side, also, is in dire need of repair, and we've
had many, many letters from .residents, that keep their boats there, asking year
after year forAhis repair ::-�to:ttake..place, and we're finally now proceeding in that
direction.
LARRY TUTHILL: I'm not saying, we shouldn't reconstruct. I'm saying it definitely
needs to be done. I'm just saying, it should not have been put there in the first
place, particularly that away from the channel,- ,and in a long term it definitely
needs to be repaired because. the boats are trying to....get through.
SUPERVISOR- HARRIS: Thank you. Are there any other members? Yes.
ROSEMARY NICKERSON My name is Rosemary Nickerson,, and I've been a life
guard at the Gull Pond area. When I was a child, we spent many, many hours
playing in the wetlands, that are now bulkhead, and what. I'm proposing is that
.you repair -the east end of the channel, and maybe an adjacent fifty feet next to
the boat ramp, and let the rest go, take it out, you have to rip it out anyway
to repair, rip' it out, put up a fence, and let nature take it's course. I, also,
worked as a beach attendent there, and that parking lot ...ts three times bigger
than it needs to be. . The only purpose it serves is a drag racing strip for the
local teens. It disturbs the residents, because they are there partying until all _
hours of the night. The gate was promised. It was taken down. It was never
put back up. In addition, the culvert, that connects the bulkhead part of Gull
Pond to the wetlands on the other side of the road, has been allowed to disintegrate
to the point where the flow through that culvert is been obstructed, and it's
destroying the. wetlands on the other side of the road as well: So, what I say
is save the town's money, and repair what needs to be repaired, rip the rest out
and let it go back.to it's natural state.
SUPERVISOR HARRIS: Thank you. Is there any other member of the audience,
that would like to address the Board on any resolution,. that we'll be acting on
tonight? (No response.) We'll proceed on our resolutions until 8:00 o'clock, when
we have a regularly scheduled public hearing.
V. RESOLUTIONS.
1 .-Moved by Justice Edwards, seconded by Supervisor Harris; it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 budget modification to, the Fishers Island Sewer District:
To:
Revenues:
SS2.2130 Disposal Charges $ 10,000.00
Appropriations:
SS2.8160.4 Refuse & Garbage, Contr. Exp. $ 10,000.00
178
NOVEMBER 13, 1990
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared' duly ADOPTED.
2.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts with regret,
the resignation of Joseph H Sawicki from the Southold Town Board of Appeals,
effective December 1, 1990, land extends to Mr. Sawicki thier sincere appreciation
for the time, effort, and expertise he has devoted to the Board of Appeals since
his appointment on September 23, 1990.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, 'Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared' duly ADOPTED.
3.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for a member Gf the Southold Town _
Board of Appeals to fill the ,unexpired term of Joseph H. Sawicki to April 19, 1995.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared. duly ADOPTED.
4.-Moved by Councilman Penny; seconded by Justice Edwards, it was
RESOLVED that the, Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1990 Budget:
To: A1440.4 Engi;neering,, Contractual'.. Expenses $ 500.00
From: A1440.1 Engineering, Personal Services $ 500.00
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
S.-Moved by Councilman Penny," seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an a reement between the Town of
Southold and the CSEA Employee Benefit. Fund for the period of January 1, 1990
through December 31, 1991, at the following costs for Package 7: January 1, 1990
to June 30, 1990 - $45.92 per month per covered employee; July 1, 1991 to June
301: 1991 - $49.08 per month per covered employee; July 1, 1991 to December 31,
1991 - $52.50' per month per,covered employee, all in accordance with the agree-
ment which is subject to the approval of the_ "Town Attorney.
5.-Vote of the Town Board: Ayes: Councilman Wickham, .Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, -it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
$193,595.00 Letter of Credit 'posted, by Mohring' Enterprises, Inc., as'a Performance
Bond for roads and improvement in the major subdivision of .Long Pond Estate,
Section 2, all in accordance with the October 9, 1990 resolution of the .Town Board
approving said amount as recommended by the Southold Town Planning Board.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilwoman Oliva',' seconded by Councilman Penny, it ,was _
RESOLVED that the application of Jacqueline B. Moeller for renewal of her watch-
man trailer permit, for trailer located at her stable/riding school, north side County
Route 48, Southold, which permit expired on October 9, 1990, .be and hereby is
ranted for a six (6) .month period.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Just-ice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids 'for the sale of three (3) used Police
Department vehicles. .
8.-Vote of the Town Board: - Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor: Harris.
This resolution was declared ,duly ADOPTED.
9.-Moved by Councilman Wickham, seconded by Justice Edwards, it -was
RESOLVED that the Town Board. of the Town of Southold hereby authorizes and-.
directs Supervisor Scott L. Harris to execute a contract for Household Battery
-Disposition Services between ,Mercury Refining Company, Inc. (MERECO) and the
Town of Southold, all in.accordance with the contract as approved by the Town
Attorney. - ; .
179
NOVEMBER 13, 1990
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva,, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilwoman Latson, seconded by Supervisor Harris,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED NOVEMBER 13, 1990, AUTHORIZING
THE RECONSTRUCTION OF THE GULL POND BULKHEAD,
WITHIN SAID TOWN, STATING THE ESTIMATED
MAXIMUM COST THEREOF IS $100,000, APPROPRIATING
SAID AMOUNT THEREFOR, AND AUTHORIZING THE ,
ISSUANCE OF $100,000 SERIAL BONDS OF SAID TOWN
_ -- - TO FINANCE SAID APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW Y.ORK, HEREBY RESOLVED (by favorable vote of not less than
two-thirds• of all the members of said Town Board) AS FOLLOWS:
Section 1 . T-he Town of Southold, in the County of Suffolk, New York,
(herein called "Town") ,.. is hereby authorized to reconstruct the Gull Pond bulkhead,
with said Town. The estimated maximum cost of said specific object or purpose,
including preliminary costs and costs incidental thereto and the financing thereof,
is $100,000 and said amount is hereby appropriated therefor. The plan of financing
includes the issuance of $100,00 serial bonds of the Town to finance said .appropria-
tion, and the levy and collection of taxes on: all the taxable real property in the
Town to pay the 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 $100,000,
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 said specific object or purpose
for which said $100,000 serial bonds authorized pursuant to this resolution are
to be issued, within the limitations of Section 11 .00 a. 22(b) of the Law, is twenty
(20) years; however, the proposed maturity of said $100,000 serial bonds or any
bond anticipation notes issued in anticipation thereof shall not exceed five ,(5) years
from the original date of issuance of such obligations.
(b) Current funds are not required by the Law to be provided as a
down payment prior to the issuance of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d.4 of the Law.
(c) The proposed maturity of the bonds authorized by this resolution
will not-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 author-
izing 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 antici-
pation notes issued in anticipation of said bonds, and the renewals of said bond
anticipation notes, are hereby delegated to the Supervisor, the cheif 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: .
(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.
180
NOVEMBER 13, 1990
Section 7. This bond resolution shall take effect immediatley, 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
§81 .00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper
published in Southold, New. York, and in "THE SUFFOLK TIMES," a newspaper
published in Mattituck, New York, each having a general circulation in the Town
and hereby designated the official newspapers of said Town for such publication.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11 .-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was '
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of A Reilly 8 Sons, Inc. for the sale to the Town of one (1) used 1988 GMC -
Mocel 7000 Dump Truck, at a ,cost of $22,500.00, all in accordance with the bid
specifications. '
11 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, _
Councilwoman Oliva, Councilman Penny,, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Justice Edwards, :seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to readvertise for bids for the sale of"the Town's Series
III, Model 60 IBM copy machine.
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Justice .Edwards, ;seconded by Supervisor Harris,
WHEREAS, Walsh Park Benevolent Corporation has made application to the Town
Board of the Town of Southold to dedicate a certain road on Fishers Island, New
York, to be know as "PETER'S WAY", as shown on a certain Map of Walsh Park .
Benevolent Corporation, filed in the Suffolk County Clerk's Office as Map No. 8871
on December 22, 1989, together with release executed by the owner thereof; and
WHEREAS, the Southold Town Highway Superintendent has inspected the said
highway and has advised the Town Board that said proposed highway complies in
all respects with the specifications for the dedication of highways in the Town of
Southold;
NOW, THEREFORE, BE IT RESOLVED that in accordance with Section 171 of the
Highway Law of the State of New York, consent be and the same is hereby given -
to the Superintendent of Highways to make an order laying out the aforesaid highway,
to consist of lands described in said application as shown on certain maps attached
to said application; and
BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized
and directed to forthwith cause the dedication, release and deed to be recorded
in the Office of the Clerk of the County of Suffolk, New York.
13.-Vote of the Town Board: Ayes.;_ Councilman Wickham, .Councilwoman Latson,
Councilwoman Oliva, Councilman Penny; Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
.RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to give public notice that the Town Board will be considering
the following proposed amendments to the Community Development Program Budgets
at their Regular Meeting to begin at 7:30 P.M. , Tuesday, November 27, 1990, at
the Southold Town Hall, Main Road; .Southold, New York; at which time interested .
citizens will be given an opportunity to comment on the proposed changes: .
Current New
Project Budget Increase Decrease Budget
_Cutchogue Free
Library FY 13 $4,978,50 -0- $4,978.50 -0-
Home Improvement
Special Rehab.
for AHP -0- ,. $4,978.50 -0- $4,978.50 Ll
Elderly Day
Care Program $4,000. -0- $4,000. -0-
Home Improvement
Special Rehab.
for AHP -0- $4,000. -0- $4,000..
Affordable Housing
Program Grant to
Subrecipient FY 12 $2,239.06 -0- $2,239.06 -0-
Home Improvement
Special Rehab.
for AHP -0- $2,239.06 -0- $2,239.06
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman' Penny, "Justice Edwards, Supervisor Harris.
This resolution ,was declared duly ADOPTED."
NO-VEMBER 13, 1990 `
181
IS.-Moved by Councilwoman Latson, seconded by'"Justice Edwards, it was
RESOLVED that the application of Bruce M. Vitale for renewal of his single family
watchman house trailer permit, for trailer located at 7280 Sound Avenue, Mattituck,
which permit expires on November 22, 1990, be and hereby is granted for a six
(6) month period.
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor. Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals as part-time Gate Attendants at the Southold Town Landfill,
effective immediately, at a salary of $6.00 per hour: Joseph Massar, Thomas R.
Burdy, Roderick W. Foster, John McCormick.
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, justice Edwards, Supervisor Harris.
17.-Moved by Supervisor Harris, seconded by Councilman Penny, it. was
RESOLVED that the Town Board of the Town of Southold hereby accepts the pro-
posal of E. F. Kaldor, C.PA. , P.C. to audit the 'books and records of the Torn
of Southold for the year ended December 31 , 1990, as follows: (1) Entire Town:
$12,500.00; (2) Community Development Program: $2,000.00; for a total of
$14,500.00.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny,- Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.'-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Police
Officers Joseph Conway Jr. and Edward Grathwohl to attend a Highway Drug
Interdiction Instructor Program, commencing November 12, 1990 through November
16, 1990 at Saratoga Springs, New York, and the use of a Town vehicle, travel
expenses, meals while traveling (meals and hotel provided; no registration), shall
be a legal charge against the Police Department's 1990. Budget.
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
119.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the application of Maddie Miles for renewal of her single family
house trailer permit, for trailer located on private road, off of the north side of
the Main Road, Mattituck, which permit expires December 22, 1990, be and hereby
is granted for a six (6) month period.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Supervisor Harris, seconded by Councilman Penny,
BE IT RESOLVED: that the Town Board of the Town of Southold does hereby
elect to assume the additional cost required to provide the reopening of the twenty
year plan (384-d) , and /or the twenty-five year plan (384) pursuant to Chapter .
362 of the Laws of 1990, entitled "An act to reopen the twenty and twenty-five
year retirement plans to policemen and firemen", for the purpose of including Police
Officer Andrew T. Fohrkolb and Police Office James A. Ginas.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, -
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21.--Moved by Councilman Penny, seconded by Councilwoman Latson, it was
RESOLVED that the-., Town Board of the Town of Southold hereby accepts the proposal
of Hoppy's Cleaners 8 Laundry Inc. , Greenport, for cleaning the uniforms of ,the
members of the Southold Town Police Department for the period from January 1, 1991 .
through December 31, 1991 , at the following prices, all in accordance with the bid
ry specifications: Uniform Trousers - $.65, Uniform Long Sleeve Shirts - $.71, Uniform
Jackets - $.70, Eisenhower Jackets - $.54, Outer Jackets - $1 .24, No Charge for:
Jacket Liners, Uniform Sweaters, Neckties, Hats; and be it further
RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and
directed to enter into an agreement between the Town and Hoppy's Cleaners for
the aforesaid proposal.
21 .-Vote of the Town Board: Ayes: Councilman Wickham,. Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was -
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid,
of Manno Uniform and Security Equipment Corp. for furnishing to: the Town of
Southold Police ;Department Uniform Clothing for fiscal year 1991, at the_following
182 NOVEMBER 13, 1990
per item prices, all in accordance with the bid specifications:
Winter Coat - $100.39 Tan Long Sleeved°Shirt-Poly/Cotton-$17.69
Spring/Fall Jacket - $26.69 Tan Short Sleeved Shirt-Poly/Cotton-$16.69
Cardigan Sweater - $22.97 Tan Long Sleeved Shirt-Poly/Wool-$26.95
Winter Gloves - $14.60 Lt.Blue Long Sleeved Shirt-Poly/Cotton-$17.79
Summer Cap - $14.25 Lt.Blue Short Sleeved Shirt-Poly/Cotton-$16.79
Long Sleeved Shirt-Poly/Wool-$29.75 Lt.Blue Long Sleeved Shirt-Poly/Wool-$26.95
Short Sleeved Shirt-Poly/Wool-$28.97 Lt.Blue Short Sleeved Shirt-Poly/Wool-$25.95
Long Sleeved Shirt-Poly/Cotton-$18.99 Tan Tropical Trousers-$19.25
Short Sleeved Shirt-Poly/Cotton-$18.59 Tan All Year Trousers-$18.64
Tropical Trousers-$36.96 Ankle High Shoes-$58.95
All Year Trousers-$49.97 Tan Short Sleeved Shirt-Poly/Wool-$25.95
Elastique Trousers-$34.79
Raincover E Cap Cover-$61 .64
22.-Vote of the Town Board: Ayes: Councilman Wickham; Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, :Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED. ,
23.-Moved by Justice. Edwards, seconded by Supervisor Harris, 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 of
Thames Shipyard & Repair Co. In the amount of $9,825.00, plus $50.00 each for
zincs, for drydocking the MV MUNNATAWKET, plus the following casts for supple-
mental work as may be found necessary or required by the. U.S. Coast Guard when
the vessel is in dry dock: '(1) Removal of shafts and guaging for accuracy -
$1,600.00 each; (2) Renewal of strut- bearings - $1 ,000.00 per bearing plus shaft.
removal; (3) Repack stuffing boxes - $500.00; (4) Crop and renew hull plating -
$30.00 per hour plus $.50/ib. material; (5) Install antifouling cutting spurs -
$1,200.00; and be it further
RESOLVED that the Board of Commissioners be and they hereby are authorized
to enter into a contract with Thames Shipyard E Repair Co. for accomplishing work
per specifications.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time we have our regularly scheduled public hearings.
The three public ._hearings, that we have on tonight, deal first with the Local Law
in Relation to Mooring Permit Fees, a second a Local Law in Relation to Sewer Rents,
and a third a Local Law in Relation to Change of Zone Petition Fees.
Moved by CouncilWoman7 Latson, seconded by'-Councilman Penny, it was
RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Reconvened at 8:50 P.M. _
SUPERVISOR HARRIS: , .We'll go back to the normal agenda.
24.-Moved by -Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Arshamomaque Dairy Farm, Inc. for providing the Southold Town Nutrition
Center, Greenport, with 1/2 pints of Homogenized Pasteurized Milk for fiscal year
1991, at a cost of $.22 per 1 /2 pint, all in accordance with the bid. specifications.
24.-_Vote'of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva;' :Councilman Penny, Justice Edwards, Supervisor Harris.
This �re' solution-was:'declared duly ADOPTED. .
25.-Moved by `Justice Edwards; seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Oak Street Trucking, Inc. , Cutchogue, supplying 10,000 yards of soil, more
or less as may be needed, for covering purposes at the Southold Town Landfill,
Cutchogue, at a cost of $3.92 per yard,. all in accordance with the bid specifica-
-:tions.
25.-Vote of the Town Board: Ayes : Councilman Wickham, -Councilwoman Latson,
Councilwoman Oliva, Councilman Penny;° Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Councilman Wickham, seconded by Supervisor Harris, it. was
`RESOLVED that the- Town Board of the Town of Southold hereby accepts the bid
of Agway Energy Products, , Riverhead, for supplying the Town with Gasoline for
Fiscal Year 1991, at a price which will be plus $,0300 per gallon over the Long
Island Tank Car Consumer Rack Price, as posted daily in the Journal of Commerce
under the Northville Industries Corporation listing.
183
NOVEMBER 13, 1990
26.-Vote of the Town Board: Ayes: Councilman' Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor .Harris.
This resolution was declared duly ADOPTED.
27..-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Agway Energy Products, Riverhead, for supplying the Town with Diesel Fuel
for Fiscal Year 1991, at a price which will be plus $.0399 per gallong over the
Long island Tank Car Consumer Rack Price, as posted daily in the Journal of
*Commerce under the Northville Industries Corporation lising.
27.-Vote of'the Town Board: Ayes: Councilman ,Wict�am, Councilwoman �atsop,
ounci'woman iva, nunci-lmwn Penny, ustice war�S, 6ppeKuisor Narr.is.
;8.-Moved by Councilman Penny, seconded by Justice Edwards, .it was
RESOLVED that the Town Doard. of the Town of Southold hereby accepts the bid.
of Agway Energy Products, Riverhead, for supplying the Town with Heating .Fuel
Oil for Fiscal Year 1991 , at a price which will be plus $.0399 per gallon over the
Long Island Tank Car Consumer Rack price, as posted daily in the Journal of
Commerce under the Northville- Industries Corporation listing.
28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman .Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Superintendent of Highways to purchase' from the Suffolk: County Department of
Public Works, Letting No. 37-90.9:6, One (1) new latest model in current production
12 ft. Spreader (Item No. 22) for the amount of $5,843.00.
29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, -Justice Edwards, Supervisor Harris.
This resolution was declared duly.ADOPTED.
30.-Moved by Supervisor Harris, seconded by Justice Edwards,
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 Parking Regulations";
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, November 27,
1990, Southold Town Hall, Main. Road, Southold, New York, as time and place for
a public hearing on the aforesaid proposed Local Law which reads as follows, to
wit:
A Local Law in Relation to Parking Regulations
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold
is hereby amended as follows:
1 . Section 92-41 (Parking prohibited at all times) is hereby amended by
adding thereto the following:
Name of-Street . Side Location
Tabor Road Both At Orient, from the southerly
curbline of N.Y. Route 25
southerly for a distance of 270
----- — - -- feet.
2. Section 92-42 (Parking prohibited during certain hours) is hereby amended
by adding thereto the following:
Name of Street Side Between the Location
Hours of _
Oaklawn Avenue Both 15 Minute parking In Southold, starting
between 8 A.M. and at a point 300 feet =
4 P.M. except southerly curbline
Saturdays, Sundays of New York Route 25
and Holidays. for a distance of 552
feet.
11. This Local law shall take effect upon its filing with the Secretary of State.
30.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
31 .-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
resolution adopted on August 14, 1990, authorizing the Town Clerk to advertise
for resumes for a provisional Clerk Typist for the Town Clerk's Office, to read:
"advertise for a part-time Clerk Typist for the Town Clerk's Office 172 hours per
week, at a salary of $6.50 per hour.
31 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris._
This resolution was declared duly ADOPTED.
32.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that .'the Town Board of the Town of Southold hereby advocates the
184 NOVEMBER 13, 1990
consideration of Southold Town income eligible residents` for financing by Farmers
Home Administration with regard to the 'Cedarfield affordable housing project.
32.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
33.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby extends to
November 27, 1990, the acceptance of comments with respect to the proposed Solid
Waste nr^.ffi virnntrentnl Imn"ict State!no!nt, in accordance
with the written request for a two week extension of the New York State
Department of environmental Conservation. .
33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny,..Justice Edwards, Supervisor Harris.
This resolution was:declared duly ADOPTED.
34 -Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute the 1991 Juvenile Aid Bureau Grant
Application and the 1991 Southold Town Recreation Grant Application..
34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly .ADOPTED.
Rescinded 12/11 /90 by Resol.453
35.-Moved by Councilman Penny, seconded 'by Justice Edwards, . it was
RESOLVED that the Town Board of the Town ;of Southold hereby authorizes and
directs Supervisor Scott L.. Harris to execute an agreement with the other East
End towns to retain Beveridge 8 Diamond, P.C. , as counsel with regard to the
1983 Landfill Law, subject to the approval of the Town Attorney; and be it further
RESOLVED that the Town Clerk be and hereby is authorized to forward a certified
copy of this resolution to each of the supervisors of the other East End towns,
and to Beveridge 8 Diamond, P.C.
35.-Vote of the Town Board: Ayes: Councilman pWickham, Councilman Penny, .Justice
Edwards, Supervisor Harris. Nos: ' Councilwoman . Latson, Councilwoman Oliva.
This resolution was declared- duly ADOPTED.
COUNCILWOMAN OLIVA: We were just given a copy of this resolution about 5:00
o'clock this afternoon. The language of this resolution is not in accordance with
the language of a resolution, that we have briefly discussed last week, and I have
expressed in the past my reservations about this whole thing, so I'm voting no.
COUNCILMAN PENNY: I'd like to comment that a very important part of any
contingency plan is to have the legal expertise there to help defend your position,
and hopefullyhaving a firm with the expertise, that this firm has, as counsel to
the Town of Southold, we will be able to maneuver through this December 18, 1990
deadline a little easier. I think it's very important that we do this. Thank you.
SUPERVISOR 'HARRIS: Also, I'd like to make a comment about this. We feel, we
have to protect our position with our landfill. There have been a number of experts
and members of our Solid Waste Task Force, in conjunction with many of the residents,
and certainly people who feel that we're going to be pushed into economic oblivion,
if we do not protect the position, that we feel we have, regarding our landfill,
and I think we are in a position, that we can not afford not to do this litigation
to protect the postion that we have, especially where five East End town, hopefully
when we get finished it will be all, protecting their positions, that they have with
respect to this 1990 Landfill closing (tape change.)
COUNCILWOMAN LATSON : I thought long and hard about the resolution to litigate
the DEC on the Long Island Landfill Law, because as recently as last week
Commissioner Jorling did tell the Supervisor, that he doesn't have the authority
to grant an extention to the Town of Southold, and I made some phone calls to
various Senatorial offices, as well as to the DEC to clarify what our position is.
Senator Johnson's-;Office informed me, that, he had, Senator Johnson himself, had
sent a letter'to- Commissioner Jorling stating A, that they.appreciated' their willingness
Commissioner Jorling's willingness to work with the town, and second is that the
Environmental Conservation .Commission didn't see any additional trucking off Long
Island, as a viable solution, even to those towns that didn't meet the landfill
requirements, and that the Commissioner did have the full authority to write out
a consent order to the towns, who weren't in compliance. In conversation with .
representative from Owen Johnson's office, and Marino's office, and the DEC, they're
rather emphatically, that the wholesale landfilling on Long Island is pretty much out
of the picture, even within the State of New York, and nationally, that landfills
are going to be closed down , and the plus 360 regulations, I spake-totnem regarding
unlined landfills, that deal with design constructions, and regrading of landfills
off Long Island. Even off Long Island corporate leased single or double lined
landfill, and they said, that you have to understand that a no liner design
criterion for landfills is below anything acceptable in any town anywhere in the
State of New York. Huntington, Oyster Bay, and Islip have taken the State to
ix. 18�
NOVEMBER 13, 1990
court on landfill closures for,'various reasons, 'but-°so`me'Ancluding Oyster Bay are
in contamination of their aquifers, so I was told; and they've all lost. Brookhaven
is working under an order of consent currently, and has made provisions to .deal
with Hempstead. Smithtown and Huntington are building a. burn resource recovery
as we all know, and will use a double lined landfill through the fall of 199.1 .
;Babylon and Islip are both well on their way, and all towns on Long Island, other
ViAn the'four. on the East End, are working out .into muncipal agreements. It is
my feeling that the Town of Southold has to do the same, and that the Legislature "
can, and they said that they will grant extensions, .but will do so for the towns
operating in good faith, meeting individual or- collective'aggreer»eats`-have,-to�-be+�-
sought. During our legal counsel interviews held by the Board, the attorney
stated he did not see a successful. suit based on an attack of the law. He said
the Town is in difficult position-of noncompliance, and he has not filed for an
extension. He, also, said.that t1m& is ve�'ry short, and a win situation .for the Town ,
would be an allowance of continued waste` disposal at the landfill, while working
out a solution, either individually or correctively, to meet the law's requirements,
and he'd, also, be capable of negotiating an order of consent. The Legislature
can grant the Town's extension, as I said. If this resolution were worded that
we would work out hiring the attorney for intermunicpal agreement, or we would
work out an order of consent, or we would work out a best solution to meet the
requirements of the Law, I probably would have supported it, but "I don't advocate
suing the DEC on the Law. " I said I would advocate dealing with our Senatorial .
and Legislative leaders to minimize the cost, because we are in a situation of non-
compliance, and to work with the Town of Brookhaven, who has always, and repeat-
edly stated that they are willing to work with the Town on a regional approach.
frankly see this as a: waste of taxpayer's money, if we sue them on the Law
to reach unattainable goal, which i_ don't foresee the Law being modified to any
great extent. Thank you, Scott.
SUPERVISOR HARRIS: Let's move on to the next resolution.
36.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was.
RESOLVED that the Town Board of the Town_ of Southold hereby accepts the bid
of New York Tire Recycling Co., Deer Park, to remove any size tire,. on a rim
or off, from the Southold Town Landfill Site, at a cost to the Town of $700.00 per,
trailer load, for the period from December 1, 1990 to December 31, 1991, all in
accordance with the bid specifications.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson.,
Councilwoman Oliva, Councilman Penny, Justice Edwards,. Supervisor Harris.
This resolution was declared duly ADOPTED.
37.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Baord of the. Town of Southold hereby accepts the bid
of Franza's Universal Scrap Metal, Inc., Farmingdale, for the removal of all Scrap
Metal deposited at the Southold Town Landfill Site, Cutchogue, during the period
from January 1 , 1991 through December 31 , 1991 , all in accordance with the bid
specifications, at the following prices: (1) $4.86 per ton to be paid by the Town
to Franza's for the removal of all white goods and. all light metal; (2) $5.86 per
ton to be paid by Franza's to the Town for the removal of heavy metals, cast iron,
motors, boilers and heavy steel; and be it further
RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and
directed to execute a contract between the Town of Southold and Franza's Universal
Scrap Metal Inc. for the removal of the Scrap Metal, subject to the approval of
the Town Attorney. _
37.-Vote of the Town Board: Ayes: Councilman Wickham,, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
38.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an Intermunicipal Agreement for the
establishment of the East End Recycling Cooperative at no cost to the Town of
Southold; said agreement is subject to the approval of the Town Attorney. .
PH.-Vote of the Town Board: ° Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
39.-Moved by Councilman" Penny, seconded by Councilwoman Oliva,
WHEREAS, the Planning Board has advised the Town Board that the performance
guarantee for "The Woods at Cutchogue" (Bond #092179 in the amount of $319,680.00)
is due to expire on November 17, 1990; and
WHEREAS, the Planning Board has further advised the Town Board that the con-
struction of the public improvements guaranteed by the aforesaid bond has not
been completed; and
WHEREAS, a request by the Planning Board to the developers to extend the
guarantee has not been complied with;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold
hereby authorizes the Supervisor to present this resolution to International .Fidelity
18B NOVEMBER 13, 1990
Insurance Company, drawing on the Performance Bond'%in. an amount to be deter-
mined-.- after inspection by the Town's . Engineering Inspector, to determine the work
yet to be completed;
AND BE IT FURTHER RESOLVED that in the event an extension to the Performance
Bond is received by the Town Clerk prior 'to 12 Noon on November 16, 1990, the
Supervisor is directed .not to,'present this -resolution drawing on this bond.
39.-Vote of the Town Board: • Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Now, the Town Board would like to move on the public
hearing, we had on "Local Law in Relation to Mooring Permit Fees." We need a
motion.
40.-Moved by Councilman Wickham, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 25 - 1990, entitled,; "A Local Law in, Relation
to Mooring Permit Fees" was introduced at a meeting of this .Board .held on the
loth day of October, 1990; and
WHEREAS, a public hearing was held thereon by this Board on the 13th day of
November, 1990, at which time all interested persons were given an opportunity
to be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 25 1990 be enacted as follows:
LOCAL LAW NO. 25 - 1990
A Local Law in Relation to Mooring Permit Fees
BE IT ENACTED by. the Town Board of the .Town of Southold as follows:
I. Chapter 32 (BOATS, DOCKS AND WHARVES)�,of the Code of the Town
of Southold is hereby amended as follows:
1 . Section 32-39.2(B) (3) (Anchoring and Mooring in West Harbor and
Hay Harbor) is hereby amended to read as follows:
(3) The following fees shall be paid for the issuance of a mooring
permit: .
Size of Boat Permit Fee
Up to 25 feet $ 20.00
26 feet to 35 feet $ ,50.00
Over 35 .feet -•$100.00
All nonresidents $200.00
-11. This--Local"Law -shall-'take effect upon its filing with the Secretary of State.
40.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, 'Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The "Local :law in Relation to Sewer Rent" I'd like to hold
that for two weeks, in order to get further comments, possible from the residents
of the Island before we deliberate on--that. We're just going to hold that, not make
a decision on: that, , so that we have more :time for information, and the third public
hearing. , "Local Law in Relation of Change. of Zone Petition Fees", we'll move that
- -. resolution.
41 .-Moved by Supervisor Harris, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 26 - 1990, entitled, "A Local Law in Relation
_.to -Change of Zone Petition Fees" was introduced at a meeting of this. Board held
on the loth 'day of October, 1990; and
WHEREAS, 'a public hearing was held thereon by this Board on the 13th day of
November, 1990, at which time all interested persons were given an opportunity
to be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 26 - 1990 be enacted as follows:
LOCAL LAW NO.,. 26 - 1990
A Local Law in Relation'toChange of Zone Petition Fees
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
-1 ., Section 100-291 (Fees) is hereby amended to read as follows:
Every petition for a change or amendment to this chapter or the
Zoning Map shall be filed with the Town Clerk and shall be
accompanied by a fee of one thousand dollars ($1000.) . The fee
for a petition for a change of zone to Affordable Housing
District are set forth in Section 100-550) (5) (g) .
11. This Local Law shall take effect upon its filing with the Secretary of State.
41 .-Vote of' the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
.Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Before we go out to the audience, is there any member
of the dais, that would like to make any reports, any Councilman report, or any
thing? Otherwise I'll go out to the audience for any member, that would like to
address us on any concern that they may have.
NOVEMBER 13, 1990
COUNCILMAN PENNY: I would, Scott. In relation to some comments on Resolution
#35, the Town Board has not made any decisions to sue anybody. The decision,
that was being made to retain Beveridge .& Diamond was as counsel in regard to
the Landfill Law. We clearly discussed this in our work session. We clearly
discussed this at our meeting with the Attorney, and he was not even prepared
to tell us what direction to take right now, sand I really don't understand. why
the comments went in that direction, when it was our clear understanding, and
it's right here in black and white, that we are not preceeding on any litigation
in any form. We're hiring a counsel, so we can do some background legal research,
and then make recommendations to us. Another thing, that has really got me
confused is one of things in 1989, that I was an advocate for, was number one,
a smaller, if neccessary, composting plant, because I projected after researching
and Ray Edwards agreed with me, that the composting plant, that was proposed,
by Southold Town was three to four timesbigger that it should have been, and
number- two, that we did not have an- application as was requested from us by the
DEC for a double lined landfill. Had we pursued both of those applications, the
Town would have had other alternatives. The lined landfill, and 1 have the letters
to prove it, we could not have operated the composting plant without it. When the
composting resolution went down by the voters, by a very wide margin, the Town
was left with no contigency plan. Had we had a double lined landfill in the works,
it would have been in place now, and all of this would not be going on. We'd be
in the same position as Southampton Town, and believe you me, I just find it hard
to believe some of these comments popping up tonight, because I brought this up
at so many meetings, and it actually got to the point where I wasn't just corrected,
was screamed at by some Town Board members, that we don't need this, the.
engineers tell us we don't need this, we don't need this, what are you talking
about, what's going on here? Well, here .we are, and it seems like the position
is changed, and all of a sudden we should have had this double. lined landfill
right along. Well, God knows I wish we had, .and if we had pursued that application
we would not be in the state we are now.
COUNCILWOMAN LA.TSON : Then, why has our Task Force recommending a no
liner?
COUNCILMAN PENNY: If we had one going, Ellen,: the Task Force wouldn't have
had to deal with this.
SUPERVISOR HARRIS: Councilman Wickham?
COUNCILMAN WICKHAM: I'd like to report, briefly, on the results of meetings
with the Task Force, and on results of meeting of the Planning and .Zoning
Committee, a standing committee of the Town Board. Task Force has made several
recommendations in the last two weeks. One of them is to ask the Town Attorney's
Office to prepare legislation, to prepare the ordinances for mandatory recycling, -
which could be put into practice early in 1991 . Town Board discussed it today.
We don't have a clear date in mind, but we are asking for that legislation to be
prepared, and to be discussed at the next meeting of the Town Board. In addition
to that legislation, we're asking for legislation to deal with waste reduction by
declining to accept at the landfill, that material that could be disposed of other
ways. Most of this material is construction and demolition debis, landclearing debris,
and other commercially derived waste. The Task Force has repeatedly proposed
handling both the waste reduction, and the mandatory recycling in ways that would
greatly economize the amount of material coming into the landfill. Thirdly, the _
Task Force has addressed 'the question of whether or not permits should be re-
quired for people, who would like to come to the landfill to drop off just recyclables,
The Task Force has proposed that, and recommended to the Town Board that
residents of the Town be able to do that. At today's work session we discussed
that at'some length, and. found that there were a lot of problems with that. Problems
of enforcement, problems of management at the landfill, and problems that it's not
consistent with the Code, the way the Code is written, and we were left at this
time, unable to make the changes, that Task Force had proposed. We, also, felt
that the .great majority of people, who would be bringing their recyclables to the
landfill, would in most all cases be bringing their garbage with them, anyway,
which would always require a .permit. So, at this time, the Town Board is. not
able to act affrontively on that proposal.. We passed a resolution tonight proposing
an inter-municipal plan, which is to be conducted with the six East End towns,
five plus Brookhaven, and this will establish a cooperative for helping to dispose
of recyables. The cooperative with equal voting power among the various towns
here in the East End, and would be carried out in conjunction with the East End
Recycling Association. The Task Force has, also, addressed some of the financial
questions of landfill. We have tried to estimate the cost of the recycling program,.
a more active recycling program in 1991, and questions of how that might be
financed, whether for example, user fees, for people who bring garbage to the
dump, could be used, or whether it should come out of general tax revenue. .'.We
j
r
189 'NOVEMBER 13, 1990.
will, also, be looking at the possibility of forming a district within in the Town,.-
or districts, to carry the problem. of garbage. Finally, we have addressed the
legal question, which my co_llegues on the Board have addressed tonight, as to
whether or not, we should engage legal counsel. The Task Force discussed this
at some length, and concluded, generally, that it would be prudent for the Town
to have some legal help beyond that provided by our esteemed Town Attorney,
and his Office, because .we feel that the financial implications to the Town are so
enormous, the budgetery costs are so huge, that it would really be in effective,
irresponsible not to address some way, legal ways, that might be found to minimize
this. That doesn't mean we're about to sue the DEC. I'm not sure that we could,
or should; 'but we feel that it would be highly appropriate for the Town to get
every shred of legal support it can, as we face these enormous costs, that are
coming down the road. I 'might,also, mention that we're '-doing this in conjunction
with other towns. That's one of the reasons why it has been delayed this long,
is that we're not acting unilaterally, but rather trying to include other towns at
the east end, who face the similar problems, that we do, so as to draw us together.'
to finance the cost to cross a broader base, and also, to get greater impact -with
this effort, so we believe we need advice, and which the purpose of hiring legal
counsel is to get that advice. I'd like to turn now to the Planning and Zoning
Committee, very briefly, and say that I think many of you have heard that the
Town has been considering an Architectural. Review Board. That proposal was first
made by the Planning Board, who felt that a separate Board dealing with architec-
tural review of the town might be appropriate. `The Planning and Zoning Committee
looked at it carefully over a series of meetings, and concluded that rather than
establishing a Board, it would be better to establish an advisory committee to the
Planning Board. The Planning Board already has authority for architectual review,
and an advisory committee to the Planning Board could be required to accomplish
it's reviews within the same time frame, that the- Planning Board already has for
acting upon site plan applications. In other words, an architectural review would
not add any additional time to. those applications, or financial expenditures. That
proposal was' discussed, also, in the work session today, -and the Board without
specifically endorsing it, asked that it go to the Legislative Committee for further
.consideration, and presumably the refinement of language, that would be needed
for eventual consideration of the local law. ' I think many of you are aware, that
the North Fork Environmental Counsel has proposed to the Town a series of concerns
and actions dealing with the Mattituck commercial corridor on Route 25, and that
proposal will also will be taken up by the Planning and Zoning Committee at it's
.future meetings. Finally, I'd like to just mention, that as Chairman of the Planning
and Zoning Committee - the importance of Zoning Board of Appeals. That is one
of the. key Boards' in this Town, and one that has rendered a- very distinquished
and' important service.`''fthere_is' now a vacancy on that Board, and I'm sure my.
colleagues on the Board would join me in asking you to go and help find the
Lmost. highly ,qualified candidates;"who would like to express an interest for working
'on`-this Board in the coming years. The Town government is basically made up
of people, who work on it, and the highest caliber, the highest quality people will
. certainly enhance the working of all of these Boards related .to Planning and Zoning.
SUPERVISOR HARRIS: Thank you, Councilman Wickham. Is there any member
_of the audience, that would like to address us on anything?
COUNCILWOMAN L:ATSON: Can I just say something, Scott? First of all, George;
. .I- just want respond to what you said about.- .on several points. It spoke with the
DEC regarding the Daneco application within the past week, only to ascertain what
was :the status of the application, and along with the other Legislative offices,. and
what would the Town's position be, if we have the plant, because perhaps we
wouldn't have been in any better `situation. , My answers were-as follows. There
were two major factors, that held up' the final approval of the Daneco permit. One
was a comprehensive recycling plant, which has since been submitted by 'D & -B,. "
and another one was variance on the plant distance setback's requirement of the
plant itself from adjacent homes, etc., and so forth, and a variance can. only be
granted by the Albany .office, and:it. can be denied by the local office. The local
'office did not deny the variance.` Theyforwarded it to Albany. Since then, the
bond resolution fell, and the application. has been sitting there, but it isn't closed,
and it is by no means closed at this present day. The Town hasn't -chosen to
pursue it in any means at all to my knowledge., Also,, the question that Omni was
proposing to build a plant in Riverhead, also, struck me because here we were
a town with an application on board, and that's what led me to inquire about the
status, but, you must keep in mind, that Riverhead now is proposing a composting
plant, and has no lined landfill. The DEC is considering hearing their application,
and processing their application, and it's .not: requiring a lined landfill. In my
conversations with these various offices said, .A,. that the Town of Southold would
have the plant going through, would be in a much better position."`A, we'd be
n rev,�nt!e receivinn nostition. B, we'd. be a position to neaotiate riith Southampton.
i
NOVEMRER 13, 1'990 18,9
to use their landfill space, and take their garbage, and we would have a card to
hold as far as an extension goes. . Now, that my point is, that this Board came
in and said that they would have a plan, and obviously, there is no plan, . that
meets the mandate. When• it began I knew, anybody with half a brain, could not
come up with a plan in a year. Yet, this' is what we're told would happen. In
the meantime, nothing has been resolved, ar)d I am certainly not going to be party
to sue the DEC on a law,, which can not be won at, and .if the Town worded the
resolution differently, I would have supported it, but this is worded so vaguely,
that it's a carte blanche to be interpreted anyway whatsoever. The double lined
landfill; I don't know what kind of documentation Councilman Penny has, but it's
not a requirement.
,JUSTICE EDWARDS: My comments on that, opened up the door, and here we go.
Okay, the bond act didri'tgo through -with $9,000,000. That was just the tip of the
iceberg. Included .in that $9,000,000. was almost close to a $1,000,000.., that was
inherited in. other funds. The lined landfill. would have been inecessary, because
the composter, that was planned was about 30o volume reduction. You have another
70o to get rid of, but where? You need the lined landfill. I think it's just a bunch
of sour grapes. The, bill went down, and we're working. What our plan was. . .what
our plan was at election time, was to save the taxpayers money, and that's what
we're doing.. Thank you.
SUPERVISOR HARRIS: Ellen, I feel compelled to at least respond to, at least one
comment. We do have documentation, and further documentation does exist, also,
in the part 360 regulations. Let 's say, if we did have a resource recovery facility
such a compost facility, then in conjunction with that, you do need a lined landfill,-
in order to have one or the other. Obviously, what's happening in Southampton,
they have a Fined landfill, but they can only use it for enterim basis one year or
two years at the most, and then they have to Jake it from their lined landfill, and
then go to a resource recovery facility. Riverhead. has been the .suggestion by
the DEC. If you look at our plan, .the eleventh hour plan, that the DEC has
presented, which has changed drastically 180 degrees in the last two months from
the first proposal, that they came up with, and you'll see that Southold is asked
to bring it's garbage to Brookhaven for two years, or .,less, and then we're supposed
our recycable materials, also. On a long term, we're supposed our raw garbage
to Riverhead. However, bringing the raw garbage to Riverhead for a compost
facility, also, includes trucking to Brookhaven lined landfill, the untreatable waste,
so you do need a lined landfill, and then trucking the burnable, treatable waste,
which can not be treated to a compost facility, somewhere up island. I see massive
trucking here. It's obvious to me, that a lined landfill, and the documentation
does exists, and you have to have both in conjunction. How Riverhead is going .
to proceed with whatever compost facility, if it goes in that direction, is to be
determined, but certainly there. has be a lined landfill.. It's evident in our plan,
that has be provided by the DEC, if you want to call it a Long Island management
plan that just came forth. This Town is in no position right now to make any
decisions until we have finished now our SEQRA process because the DEC has.
as late as last week, hadn't had time to review Solid Waste Management Draft ,
Generic Environmental Impact Statement, although they've had it for over a month
and a half. They've asked us to give them two more weeks to, please, be able
to digest our management plan, so they could make comments on it. This Board
tonight, as you saw, granted that two week extention, which in fact now is a
comment period of two more weeks for anybody to respond, including the DEC,
which has asked us to work with them. We are working deligently with them to
give them time to respond', hopefully, with comments that we -can use to the
benefit of Southold Town, and at that time, when this Board will move in a direction,
such as the people feel is prudent, economically as well as environmentally. I'd
like to go to the audience for any member, that would like to address us.
FRANK CARLIN: I won't be too long. It's getting late. Just a short response
on the alternate plan. It looked good, but the only problem is, I think what
happened there, you put the cart before the horse. Anyway, I understand that
you're considering a resolution on small businesses in homes,..to conduct small
business in a home, like doctors, and lawyers. I seen it in the newspapers a few
weeks ago.
SUPERVISOR HARRIS: I think that's in the Legislative Committee, and it's being
worked on, as far as I know right now. They're trying to formulate a way. .home
occupation.
FRANK CARLIN: Okay. ' One thing I'd like to comment on, that ,is you.mentioned
in there, and I believe George Penny, and I agree with him. .l agree with you once
in awhile. It says in there, that doctors; lawyers, dentists, and professional
people. I, also, feel you should also consider the craftmen, handicraft, like
carpenters, electricians, mechanics. It should be equal.
CV UN0 LM AN PENNY: Tfia'tV v'hat ire°ere I-MMITI-g i nta:
190
NOVEMBER 13, 1990
FRANK CARLIN: Because if you do that, I think you're going in the right
direction, providing they're qualified, and. they operate within reason. I believe
they should be able to operate their businesses. . .
SUPERVISOR HARRIS: That's the direction, the Legislative Committee is moving
on.
FRANK CARLIN: Back 1956, when I come out of the service, I opened a TV shop,
in my home, and the town come along, and saw the sign out there, and said you
can't do it there. Zoning, it's against zoning, I know, so I said, okay. I went
and got myself a lawyer, and I stayed open for tan years, and that's when I retired.
went to- Grummans, and stayed there for thirty-three years, and now I'm retired
again, and I don't want to do it. Anyway, I read today;in the Newsday, that
the landfill dumping fees, you're considering an increase from $2.00 to. '$25.00?
SUPERVISOR HARRIS: That's a user fee for a permit. Yes.
FRANK CARLIN: That's a user fee? I don't think it said that. The only thing
it said was. landfill dumping fees. l didn't think you were going increase my fee
of having a permit, or whatever .is, from $2.00 to $25.00. Is that what it is?
SUPERVISOR HARRIS: If you had a $2.00 permit, that is called the user fee for
those self-haulers, that go to the landfill.
FRANK CARLIN: You know to jump from $2.00 to $25.00 is a lot of money.
COUNCILWOMAN OLIVA: Fifty cents a week.
FRANK CARLIN : Fifty cents a week is a lot of money. That's still $25.00, and
when you figure out, you pay taxes, and part of your taxes go for the. upkeep
of the landfill, and now you want "the people to pay $25.00 increase for a fee. That's
a lot of money, especially like me. I might use it once a year. If I don't .have
the $25.00, then I don't buy a permit, then I -don't go down. - That is a lot of
money.
SUPERVISOR HARRIS: Mr. Carlin, 1-here is a single entry fee of $2.00, if you
only go once a year, rather than take the $25.00 permit, which you could utilize
and you could go for :the $2.00: when .you go in there. Each time you go in you
have to pay. .It's a single entry fee is what it's called.
FRANK CARLIN: I might go five times. Who knows? It's the same thing though.
What I'm saying, is you keep adding these fees on. Fee., fee, fee, fee. You'll have
the people bankrupt there.
SUPERVISOR HARRIS: Mr. Carlin, Town Attorney Harvey Arnoff would like to
respond .first, and .then_Councilman. Wickham would like:to respond after that.
TOWN ATTORNEY ARNOFF: I think one of the things the town is trying desperately
to do is avoid just that thing, as far as bankrupting the citizens of the town.
think if you look at strict informative with the Long. lsland Landfill Law, that very
well could be the result. . I think that's _what the Town.-Board, as a unified force,
is attempting to do. Forgetting about politics, it's a- .political issye, but if we can
.throw politics to the wind' for a moment, I think you're really talking about something
that is very difficult to act fiscally responsible when you're dealing .with fiscally
:irresponsible legislation, . which..we're bound to .comply .with. That's.a bunch of
legal gooble-gook, but I think you know what I'm driving at. It's very difficult:
- Sure, the fees are going up in an effort to fund this in some other way, other
than raising the taxes to the general :population. ' For example, yourself, you might
go to the dump. . I'll use myself as an example, I may go to the dump two or three
times a year.. .1'm not going to buy the $25.00 permit. I'll pay per time. That's
my choice. I can save the money, and .some way or another avoid the additional
cost. But not withstanding that, you know, that's .really where :the Board is
heading, and that's some of the underlining purpose behind the legislation, a
change of fees.
COUNCILMAN WICKHAM: I'd just like. to respond briefly. The Town Board hates
to have to put in these fees. I think everyone of us feels exactly the same way,
but we face the prospect of incurring costs on the part of the town, of up to
$2,000,000. a year, if we're going to comply with this legislation from Albany.
How are we going to finance that? We don't have the luxury of running a big
federal deficit like the United State Government. Somehow, we have to recoup
those costs each year. _.Me .hate to .have to-do this, but we felt. increasing the fees
for people, who. comeinto-the •dump for Jifty-:"Cents. a week, is just one way, and .
even that, is hardly going to close that gap:
191'
7
,NOVEMBER 13,' 1990
FRANK CARLIN: I understand, but the thing is, you know, we're not even. .
we haven't even resolved our main garbage problem. How much will that cost us,
the homeowner? We haven't even =s.tarted.: with that, and now we're already increasing
the fees to $25.00, you know. That's like I said, I pay and all the people in
Southold Town out of their taxes goes to. supporting and maintaining the landfill.
Yet we have to pay $2.00 to $25..00. If yoLt went to $5.00 fine, but not to $25.00.
The issue here was awhile back with Fishers Island, going from $175. to $500.
When you jump, you jump too. quick. It's too much. You're increasing fees here.
You're increasing fee there. Every place you look you see fees. Myself, I don't
know about the people in Southold Town, how much longer they are going to stand
for this. One more thing, I want to say something that might not go very good
tonight, but I'm a man I speak what's on.my mind. Tom Wickham, you said before
that you're looking for qualified people to fill the opening on the Board of Appeals,
and you specified qualified people, and I agree with you 'on that. They should
be qualified.
SUPERVISOR HARRIS: Thank you, Mr. Carlin. Is there any other member of
the audience, that would like to address the Board on any issue? Yes?
KATHLEEN PALEY: My name is Kathleen Paley, and I'd like to know what the status
is with the McDonald's application, whether it is in, or it is out? I was at the
last Town Board meeting, where Mr. Wickham said that the NFEC recommendation
would be given considerable thought, and then I read i'n the Thursday paper, that
you had your own ideas on that. That was on Tuesday night, and then I read
this on Thursday morning. I wondered why that wasn't discussed at the meeting
Tuesday evening. It was on the proposal on the McDonald issue, I wondered why
it wasn't discussed when we were all here at that meeting.
SUPERVISOR HARRIS: That happened after the Town Board meeting. That was
sent out at the end of that week to the Departments, based on what had transpired
since January of 189, and also, based on comments.
KATHLEEN PALEY: We were here Tuesday evening. I read it the first thing
Thursday morning. It wasn't the end of the week.
SUPERVISOR HARRIS: I'm confused as to what week, because it was sent out.
KATHLEEN PALEY: It was the same week. -
SUPERVISOR HARRIS: It was. sent out for comments, and it was over a'week given,
if not two" weeks for various department heads to respond to that.
KATHLEEN PALEY: What is the status of the application?
SUPERVISOR HARRIS: I'll have to turn that over to the Town Attorney.
KATHLEEN PALEY: Is it in, or is it out?
TOWN ATTORNEY ARNOFF: I'm not certain as to whether they. . .you'd have to
check with the Planning Board. I don't know whether they've done that. The
Planning Board acts independently. Each Board acts independently, unless they
have a legal question, they certainly would not take it up with out Office. So,
can't answer your question. If you'd like to give me a call somewhere around -
noon tomorrow, myself or Mr. Kiernan. .l'd be glad to; answer your question.
KATHLEEN PALEY: I feel that we should be.allowed to know.
TOWN ATTORNEY ARNOFF: You are. Under freedom of information, any one of
you can contact anyone of the Board in regard to any application, and be given
that information. I just personally don't have that at the moment. By the way,
just to answer your question in regard to the first thing you asked Supervisor
Harris, after the Tuesday meeting, 1 believe it was Wednesday morning, and my
chronology off, if it's off it's off by one day, a letter went out from Mr. Harris'
Office to all the Department heads asking for imput,• directly as a result of the
comments, that were made Tuesday night. I believe what had happened was, there
-was a comment made by Mr. Wickham in regard to the Planning and Zoning taking
some part of this with the NFEC, which all crossed one another, and one was not
aware. Mr. Wickham was not aware that Mr. Harris had sent the letter at the time
he made the comment, and vice versa. It was like that, and that's why there was
some conflicting things in the press. It's not the press' fault, it's just that .it
looks like different things were happening, and they were all happening at once.
NOVEMBER 13, 1990
KATHLEEN PALEY: I was here at the meeting, and I went home with one feeling,
and then Thursday morning I read something else.
TOWN ATTORNEY ARNOFF: I don't think it's inconsistent. I don't think the
position the Town is in consistence with what happened at the meeting on Tuesday.
KATHLEEN PALEY: So, no one here knows if the application is in or out?
TOWN ATTORNEY ARNOFF: The application is not made to the Town Board. It's
made to the Planning Board.
KATHLEEN PALEY:., But you people, the leaders of our town, must know if it's
in or not, especially being such a big issue as it is.
TOWN ATTORNEY ARNOFF: I can't ,answer that question. I can answer it tomorrow
morning. I'll give you an answer first thing. The Planning Board was here earlier,
and had I known you., here, .and you wanted that information, I would be glad to
give it to you.
KATHLEEN PALEY: When I was at the last meeting, I left thinking this would
be discussed tonight, at this next meeting, which is why I am here. j
SUPERVISOR HARRIS: The application, as far as I'm concerned, is still pending.
We don't follow it on a daily basis, because every day something changes within
that autonomous Board, and .the same with the Zoning Board, where there is also,
understand, application has been received. It changes on a weekly basis, and
we don't follow it on a weekly basis. Due process is taking place. The Town
is totally removed from that process, which Counsel has mentioned to you, has
been given that priority to go through, such as every other application that's
applied for.
TOWN ATTORNEY ARNOFF: Thanks to a member of the press, who gave me a
copy, tonight's agenda. .l can't do anything more recent than tonight's. agenda of
the Planning B.oard', there was -an application- for. Site Plan Approval State Environ-
mental Review Act, and designation of lead agency coordination on behalf of
McDonald's proposed site plan, so that application is pending before the Planning
Board. That's a conclusion that we can all safely draw, as a result of the resolution
which was put before the„Planning Board, .tonight, at their meeting.
COUNCILMAN WICKHAM:, I'd like to comment very briefly. At -the last meeting,
1 expressed interest in pursuing the NFEC proposal, and I think the Town will
start doing that this week. That doesn't mean. that (tape change.)
KATHLEEN PALEY: I thought that they were going- to have favorable consideration
with that proposal, and then when I read in .Thursday's paper, that the Supervisor
had submitted his own proposal. '
SUPERVISOR HARRIS: It's different. My proposal dealt with the Master Plan
since January of '89, going to all departments asking for-problem areas throughout
the town to get imput,so we.-can corre. .:some:of these,areas,such, as things- happening,
regarding even the'application',''that came in where they drive in, or drive through
restaurants, and that's what I had asked for from all departments. It was in conjunc-
tion ,with,' certainly the NFEC had put. forth a proposal,- which we dealt with today,
as a matter of fact, and Town Board assigned that to Zoning and Planning, to further
look into, and to work with. � So it is ongoing, and we are looking into various
proposals, that are -being made available to us, to work on a scenario, that we
feel will benefit the Town in the future.
KATHLEEN PALEY: So, the application is still in thenl';
TOWN ATTORNEY ARNOFF: Yes, I think it's safe to say, I will tell you it's
definitely in, as a result seeing what was before the Planning Board tonight.
FRANK CARLI N: Scott, to my knowledge, . today they're removing some trees from
that area there, as of today.
TOWN' ATTORNEY ARNOFF: That's not McDonald's.
SUPERVISOR HARRIS: Is there any other member of the audience, otherwise I'll
entertain a motion to adjourn.
i
NOVEMBER 13, 1990 > 19 3
Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the Twon Board meeting be and hereby is adjourned at 9:40 P.M.
Vote of the Town Board: . 'Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman ' Penny, Justice Edwards, Supervisor Harris.
This resolution was declared- duly ADOPTED.
Judith T. Terry
Southold Town Clerk
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