HomeMy WebLinkAboutTB-03/13/1990 3-4 0
SOUTHOLD TOWN BOARD
MARCH 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. Larsen_
Councilman Thomas H. Wickham, 'Town Clerk Judith T. Terry, Assistant Tow
Attorney Matthew G. Kiernan, Superintendent of Highways Raymond L. Jacobs.
9:20 A.M. - Kevin McLaughlin, Esq. and his client Joseph .Petrauskas met with the
Board to discuss Mr. Petrauskas' house trailer located at 490 Hill Street, Mattituck.
Mr. Petrauskas purchased the property in the 70's and the trailer was on the premises
at that time. He was unaware it did not conform to the Zoning Code. The Board
agreed a trailer permit should be issued and resolution no. _42 was placed on the
regular meeting agenda.
9:35 A.M. - Venetia McKeighan, Director of Senior Services, met with the Board to
discuss her proposed "Stop Abuse and Violence Toward the Elderly" Program (SAVE) .
Mrs. McKeighan advised that cases involving elder abuse that are serious enough to
require calling the police have come to light. In most instances the abuse is a result
of the strain and frustration of adult children caring for their parents in greater
numbers than -ever before, for a much longer time with more serious illnesses than
any previous generation. At the same time these adult children are often caring for
their own children. They are the "sandwich generation", mature people caught
between two dependent age groups. Mrs. McKeighan has several programs in place
that can be offered to those in these situations. The SAVE program would be at no
cost to the Town, as she would be using the existing services and not creating new
ones. By using her programs they would be able to reach out to those families who
are not coping well with their responsibilities, and will give them the help and
information they need to carry on their lives without resorting to violence. The Board
placed resolution no. 43 on the agenda in support of Mrs. McKeighan's proposed SAV
Program.
16:05 A.M. - Merlon Wiggin, representing the East End Seaport and Marine Historica.
Foundation, met with the Board to describe the Foundation's program for the Long
Beach Bar (Bug) Light Restoration Plans. They have created a budget of $103,000
and are seeking individual and corporate donations and donated services and material
for the project. Their schedule is September 1990 for the placement of the
reconstructed lighthouse. Mr. Wiggin went into detail with respect to the overall
planning (.copy in the Town Clerk's Office) . The Town Board placed resolution no.
44 on the agenda in support of the project.
10:20 A.M. - For Discussion Items: (1) Proposed resolution on a policy with respect
to discussions with other town boards (see resolution no. 45) . (2) Possible resolution
for the reimbursement of the cost of a Civil Service test to a Town employee if the
employee passes the test--Board rejected this proposal. (3,4,5) Determination of the
amount of money to be deposited in lieu of land for park and playground purposes
in the subdivisions of Highpoint Meadows; Section One, Two, Three (see resolutions
48, 49, 50) .
10:30 A.M. - Principal Account Clerk John Cushman and Data Control Supervisor
Jeanne Cullen met with the Board to discuss computer security at the -Town ' Hall. The
computer processor is located in the entry to the men's room in the basement and the
room must become more secure. It was decided the door should remain closed with
a combination lock installed. Sprinkler . heads located in the area of the computer
process will be removed. The need for an 'uninterruptable power supply was discusse
and approved. All of the above items will be accomplished under the direction c
Commissioner of.public Works Jacobs.
11 :45 A.M. - Councilman Wickham reported to the. Town board on the progress of
the Solid Waste Management Task Force. He advised that the Task Force recommends
that the Town Board authorize the Supervisor to transmit the proposed letter of
Interest to the Town of Brookhaven (see resolution no. 2) . The Task Force would
also like to hold a Town-wide information meeting on April 3, 1990 at 7:30 P.M. at the
Recreation Center to communicate to the Town the steps the Town is taking, and the
steps the people of the Town will be asked to take in support of the Solid Waste
Management Plan. The Task Force also recommends that the tipping fee increase go
into effect on June 1st rather -than April 1st as specified in the Local Law to increase
the fee (see resolution no. 3) . Supervisor Harris- explained that if the date were to
be changed the entire hearing process would have 'to be held again. Mr. Wickham said
he has a four point agenda for the Zoning and Planning Committee: streamline, the
commitees that come under that committee, deal with short term problems, the need
13, 1990
for Town coordination between offices,,,, review the master plan and Zoning Codean
Map so they all tie together. Mr. Wickham then said he feels there should be a
moratorium to discourage the Suffolk County Water Authority, or any other water
company (with the exception of the Village of Greenport) from coming into the Town.
Mr. Wickham was advised by Councilman Penny that the SCWA does not put a shovel
in the ground in Southold Town until the Town Board approves the--proposal. (Many
of Mr. Wickham's comments at this work session appear in his comments at the
conclusion of the regular meeting.)
12:40 P.M. - Recess for lunch..
EXECUTIVE SESSION
2:20 P.M. - On motion of Supervisor Harris, seconded lay Councilman Penny, it was
Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes:
All. Also presented: Town Clerk Terry, Superintendent of Highways Jacobs, Town
Attorney Arnoff, Assistant Town Attorney Kiernan. The Town Board discussed
litigation and personnel.
4:30 P.M. - The Board discussed regular meeting resolutions and then audited
outstanding vouchers.
5:20 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, March
13, 1990, 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. Larsen
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: Remain standing, please, in memory of one'of our crossing
guards, Sandy Hands, who passed on, on Sunday. Thank you. At this time,
because of the number of resolutions, that we have tonight numbering 66 resolutions,
which is a record, probably for this Town ,of Southold, we'd like to first mention
that we're going to read from the agenda the resolutions in a short form. At
this time, I'd like to ask anybody in the audience, if there's any resolution.,
that they would like to address, or present a question to at this time. Would
you state your name, please?
RICHARD CAGGIANO: Rich Caggiano, President of the Greenport-Southold Chamber
of Commerce. As you know, we had a public hearing, I guess it's resolution
number three, on the proposal to increase the landfill fees from $20.00 to $40.00.
At the public hearing, the Chamber of Commerce took the position, which was
distributed in the testimony at that point in time. Rather than just repeat those
arguements, 1'd just like to summarize quickly, three points, that we feel is of
Vital interest to the Town Board. Number one, we urge the Town Board to give
full disclosure of the economic impact of the proposal, as well as the alternative
solutions to be considered in lieu of doubling this tax. We feel that the simplest
way of doing this, is through an economic impact study. Secondly, we urge
the Town to take a leadership role in recognizing that the landfill is an operation
that serves the entire community, and as such should be funded by the entire
community. Rather than take a discriminatory .stance against certain segments
of the population, and charge the fee to them, we feel its appropriate that since
the whole town does benefit by the landfill everyone should pay for that landfill
fee, and that's not only the people who are envolved in contracting construction,
but the entire town from local people through business people, and 'everyone-
else. The business community is willing to share, their fair share of the cost
of the dump, but doesn't feel it should be burdened with the entire cost of it.
In relation to that, there were comparison made to the Riverhead fill, which was
asking already $40.00 a ton. There is a distinction there between what they
do, and what I think was proposed here, and that distinction is that they charge
everybody $40.00 a ton. They don't limit it to just C and D material, which is
proposed here under this ordinance. So if we're going to use Riverhead as an
example, we would appreciate that the whole example be used, and if you're going
MARCH 13, 1990
�} to charge $40.00, let's charge the $40.00 to everybody. We ask the Town, if
you do go ahead and make this law, we would request that you give it at least
give us until October 1st for those businesses that have contracts outstanding,
or estimates outstanding, not to penalize them unduly by enforcing this thing
immediately, and have them take a double hit on it. Thank you very much. I
appreciate your time.
SUPERVISOR HARRIS: Thank you, Rich. Anybody on the Town Board want
to make a comment, at this time, on that request? I just want to make one thing
clear, Rich, that because of the public hearings, the legal status of making publica-
tions known in the papers, and posting them, that in order to defer the April
1st date, if this legislation is passed, is impossible by law. We would have to
do a whole new public hearing, and start the procedure from scratch. Anybody
else in the audience like to address any other resolution.
LAWRENCE TUTHILL: Larry Tuthill from Greenport. I'd like to ask a question
-with regard to resolution #2, the letter of interest to Brookhaven. Is it the
Town Board's intent to schedule a referendum on the Brookhaven proposal in
October or November?
SUPERVISOR HARRIS: I would like to address that to Tom Wickham, chairman
of the Southold Town Task Force.
COUNCILMAN WICKHAM: Larry, I don't think we've gone that far down the
road yet, whether a referendum would be required. What is clear, that any
decision as to the solution that the Town takes to solve it's waste management.
problems will have a very full and complete disclosure with the public. We'll
have the public's views on it. We'll have informational meetings. There will
be a very ample opportunity to hear and to be heard the views on both sides.
This is not an attempt specifically to put through a program with Brookhaven.
It's an effort to have that option available to consider together with other ones.
Whether there's a referendum to help choose .this particular option, which seems
best for the town, is a question that I can't answer at this time.
.LAWRENCE TUTHILL: I believe that you preclude yoarself from having a referendum
based upon the ten point plan, that was -set forth by the East End Towns. 1
believe you have to give your answer within thirty days of when Brookhaven
gives you the amount. You then have thirty days in which to give your answer.
believe,according to Town law, the referendum would have to be between .sixty
and seventy-five days, and so you automatically preclude yourself from having
a referendum, if you stick to the Bookhaven schedule , and what I would suggest
is that you inform Brookhaven, that might want to have a referendum, or that
you might be interested in having a referendum, and ask for an extension now
as to how long you will need to decide whether you're going to go with Brookhaven
or not. That is just- my suggestion based on resolution number 2, and that you
inform Brookhaven in the letter of interest, that you may very well have a referen-
dum.
COUNCILMAN WICKHAM: That's a good suggestion. I might add, Larry has
been a frequent observer to the Task Force, and has made some contributions
along the way. I don't think that that: needs to be inserted in our communications
to Brookhaven at this time, because all this does is reterve for us an option
in October, but your point is still a good one, and I'm sure we can negotiate
with Brookhaven, and ask for a period of time in October to respond, which
would give us time to put it on as a referendum item, if we want.
LAWRENCE TUTHILL: They said thirty days to respond. Is that correct?
COUNCILMAN WICKHAM: They have no idea, really, what's going to happen
in October. They've simply set the deadline for an expression of interest is
now, and please do it as soon as possible, but the details of October are still
very open, and rather unclear.
LAWRENCE TUTHILL: Okay, because it did mention thirty days.
COUNCILMAN WICKHAM: They said that. We've said we'd try to do it in thirty
days, but there's latitude there, and we'll take into account exactly that.
LAWRENCE TUTHILL: Okay, thank you.
SUPERVISOR HARRIS: Anybody else in the audience, who would like to address
any resolution, that we are entertaining tonight? (No response.) I need a motion
to approve the audit of the bills of March 13, 1990.
Moved by Councilman Penny, seconded by. Justice Edwards, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the amount of $56,482.74; General Fund, Part Town
bills in the amount of $66,249.94; Nutrition Fund bills in the amount of $4,376.87;
Adult Day Cre bills in the amount of $4.84; Home Aide Program bills in the amount
MARCH 13, . 1990
-43
of $223.40; Snap Program bills in thd.lamount of $1 ,034.34; EISEP Program bads
in the amount of $95..40; . Highw;a;y., Fundj; :Whole:'Tow.nr!,bills in the amount of $7,417.76;
Highway Fund, Part Town bills in the"amount of $16, 128.16; Computer Capital
Account bills in the amount of $6,000.00; Fuel Tanks and Police Building bills
in the amount of $33,220.00; Employee Health Benefit Plan bills in the amount
of $9,542.54; Fishers island Ferry District bills in the amount of $17,324.57;
Southold Wastewater District bills in the amount of $431 .89; Fishers Island Sewer
District bills in the amount of $535.38; Fishers .Island .Ferry District Agency &
Trust bills in the amount of $93.84'.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
_This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to approve the minutes of the Special Town
Board meeting .of March 1, 1990, and the minutes of the Town Board meeting
of February 27., 1990.
Moved by Councilwoman Larsen, seconded by Councilman Wickham, it was
RESOLVED that the minutes of the Special Town Board meeting of March 1, 1990,
and the minutes of the February 27, 1990, re ulair Town Board meeting be and
hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The next meeting date will be Tuesday, March 27, 1990-F
at 7:30 -P.M.
Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the next regular meeting of the Southold Town Board will be
held at 7:30 P.M. , Tuesday, March 27, 1990, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I . REPORTS.
1 . Building Department Report for February, 1990.
2. Report to the 350th Committee Financial Activity through March 1, 1990..
3. Town Clerk's Monthly Report for February, 1990.
4. Southold Town Dog Shelter Report for February, 1990.
5. Scavenger Waste Treatment Facility Report for February, 1990.
6. Southold Town Recreation Department Report for. February, 1990.
7. Lawrence Healthcare Administration Benefit Analysis Report for
February, 1990.
8. Justice Tedeschi Report for February, 1990:
9. Board of Town Trustees Report for February, 1990.
10. Planning. Board Report for February, 1990.
11 . Police Department Incident Report for February, 1990.
12. Justice Price Report for February, 1990.
13. Supervisor's State of the Town Address
14. Councilmen's Report.
15. Supervisor's Report.
II . PUBLIC NOTICES.
1 . State of New York, Department of Transportation, Notice of Order,
establishing a "No Stopping-Anytime" restriction on the south side of Route 25
in the unincorporated community of Mattituck.
2. Department of the Army, N.Y. District Corps of Engineers, Application
by Mohring Enterprises, Inc. to dredge with a ten year maintenance, backfill
a timber bulkhead in Greenport Harbor, Gardiners Bay. Comments by April 9,
1990.
3. Department of the Army, N.Y. District Corps of Engineers, application
of Narrow River Marina to dredge with ten years maintenance with upland disposal
in Hallock Bay, Gardiners Bay. Comments by April 9, 1990.
III . COMMUNICATIONS.
1 . James F. Grathwohl, Chaiman of Committee to Save Fort Corchaug,
regarding the support of this project.
2. Owen H. Johnson, member of the Senate, thanking Supervisor Harris
for participating in the Solid Waste Roundtable, which was held on February 15
at. the Islip Town Hall.
IV. PUBLIC HEARINGS. (None)
SUPERVISOR HARRIS: We have no public hearings at .this time. The next public
MARCH 13, 1990
:3 4 4
hearing is scheduled for March 27, 1990 at 8:00 P.M. at Southold Town Hall,
on the proposal of Southold Villas, .Inc. to amend the zoning ordinance and map.
V. RESOLUTIONS.
-SUPERVISOR HARRIS: At this time, I'd like to start the resolutions.
1 .-Moved by Councilwoman Larsen, 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 application to the New York
State Office for the Aging for a -Recreation Program for the Elderly Grant which
will provide $3,405.00 in State aid for bus transportation and destination fees
for senior citizen day trips, 'as well as costs pertaining to Retired Senior Volunte
'Program (RSVP) charges for gas for vehicles, telephone costs, maintenance of
vehicles and insurance program period is April 1 , 1990 to March 31, 1990.
1 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-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 transmit a Letter of Interest to the Town
of Brookhaven for participation in the Brookhaven Composting/Energy Recovery
Facility (CERF) .
COUNCILMAN WICKHAM: I might add, this is only for purposes of cost estimation,
and reserving an option for the future.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Larsen.
This resolution. was declared duly ADOPTED.
COUNCILWOMAN LARSEN: Scott, I'd just like a few brief moments at the end
of the meeting to respond.
COUNCILWOMAN OLIVA: Yes, because I do believe that it is just a letter of
interest, and I am very interested in bringing to the 'public the true cost
of any type of resource recovery facility, that the. Town might undertake.
SUPERVISOR HARRIS: The Local Law in Relation to Garbage, Rubbish and
Refuse to be enacted. This is the increase from $.01 a pound to $.02 a pound.
A public hearing has been held.
3.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No 2 - 1990 was introduced at a meeting of this
Board held on the 23rd day of January, 1990; and
WHEREAS, a public hearing was held thereon by this Board on the 6th day of
February, 1990, at which time all interested persons were given an opportunity
to be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 2 - 1990 be enacted as follows:
A Local Law in Relation to Garbage, Rubbish and Refuse
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of
Southold is hereby amended as follows:
1 . Section 4874.13 is hereby amended to read as follows:
B. Effective April 1, 1990, in addition to the fees established in
Section 48-4.A of this Chapter, there shall be a fee of two
cents ($0.02) per pound on loads containing the following:
II. This Local Law shall take effect upon it filing with the Secretary of State.
COUNCILWOMAN OLIVA: Yes, with the provision and the understanding, that
d
the Town Boar will look into the fees MSW, so as to make it more economically
feasible for people to recycle.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Larsen.
This resolution was declared duly ADOPTED.
4.-Moved by Justice Edwards, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following Traffic Control Officers, effective May 15, 1990, at a salary of $7.35
per hour: Chad Droskoski, Robert Bopp, Andrew F. Kujawski, Judith Huelle.
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED. that the Town Board of the.Town of Southold hereby authorizes and
directs the Town Clerk to advertise for'-a' part-time Youth Worker for the teen
nights on Fridays and Saturdays at the Recreation Center; said charge to be
i
MARCH 13, 1990 345
-made to A7020.4, Recre b'on .Ad`' i i. tr�ti ,' Contractual Expenses.
5.-Vote of the Town- Board:Ayes, Councilman Wick'h-i�Tn, Councilwoman Larsen,
Councilwoman Oliva, Counc:Uman Penny,, .Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.,
6.-Moved by-Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that -the=Town Board of the Town of Southold hereby authorizes two
(2) advance fee checks for- the spring -senior trips on Wednesday, May 30, 1990;
one check in the amount of $94.00, made payable to Gracie Mansion Conservancy
(94 seniors to $1 .00 per person) ; one check in the amount of $368.00, made payable
to the American Museum of the Moving Image (92 seniors at $4.00 per person) ;
said charge to be made to A7620.4, -Adult Recreation, Contractual Expenses.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of;Southold hereby rescinds their
Resolution No. 18, adopted at the January 2, 1990 Organizational Meeting, appointing
Assistant Southold Town Attorney Matthew G. Kiernan for a two year term and
setting his 1990 salary, AND amends their Resolution No. 19, adopted at the
January 2, 1990 Organizational Meeting, to include Assistant Town Attorney Matthew
G. Kiernan, and setting his salary at $35,000.00 per annum for the period
January 1 , 1990 through December 31 , 1990. (Mr Kiernan is in an Exempt Civil
Service classification and is not subject to the two year type of appointment
required for the Town Attorney) .
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisbr Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Penny, 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 Taxation"; now, there-
fore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M. , Tuesday, March 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 Taxation
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 85 (Taxation) of the Code of the Town of Southold is amended as
follows:
1 . Section 85-2.A. is amended to read as follows:
A. If the income of the owner or the combined income of the owners
of the property for the income tax year immediately preceding
the date of making application for exemption exceeds the sum
of twelve thousand twenty-five dollars ($12,025:.,00) . "Income
tax year" shall mean the twelve month period for which the owner
or owners filed a personal income tax return or, if no return
is filed, the calendar year. Where title .is vested. in either the
husband or the wife, their combined income may not exceed such
sum. Such income shall include social .security and retirement
benefits; interest; dividends; total gain from the sale or exchange
of a capital asset, which may be offset..by a loss from the sale
or exchange of a capital asset in the same income tax year; net
rental income; salary or earnings; and the net income from self-
employment, but not including a return of capital, gifts or inheri-
tances. In computing net rental income and net income from
self employment, no depreciation deduction shall be allowed for
the exhaustion, wear and tear of real or personal property held
for the production of income.
8-.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor .Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Ronald
Smith as an Aide in the Senior Adult Day Care Program,. effective Februay 27,
1990, 20 hours per week, $5.00 per hour.
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoint Jeanne
A. Cullen to the the position of Data Control Supervisor, from the Suffolk County
Department of Civil Service Certification of Eligibles List, effective March 22,
1990, at a salary of $27,000.00 per annum.
3 4 6 MARCH 13, 1990
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny,, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11 .-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the application of Sophie T. Saunders {or-renewal of her single
family house trailer permit, for .tr.ailer located .on "the north side of Main Road,
Laurel, New -York, which- permit expires-on-"April 7, 1990, be and hereby is
granted for a six (6) month period.. --
i l .-Vote of the Town Board: oyes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, the Town Board of the Town of Southold, on December 27, 1989,
granted a change of zone from "A-C" Agricultural-Conservation District to "B"
Business District to Van Duzer Appliance Co. , Inc. on certain property located
on the northerly side of County Route 48, Southold; and
WHEREAS, the legal description of said property, as drawn by Roderick Van
Tuyl, P.C. , included the entire parcel owned by Van Duzer Appliance Co. , Inc. ;
now, therefor be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed
to publish the correct legal description of the parcel changed to "B" Business
District by the Town Board on December 27, 1989, which reads as follows, to
wit: Beginning .at a point on the northerly .line of Middle Road, 605.44 feet
easterly from Railroad Avenue, being the southeasterly corner of land of Kowaski
and the southwesterly corner of the premises of Van Duzer Appliance Co. , Inc.;
running thence along said land of Van Duzer, and along land of County of Suffolk
204.82 feet to other land of Van Duzer, the subject parcel; thence along said
land of County of Suffolk N.10053150"W.-144.40 feet to other land of Van Duzer;
thence along said land N.7900611011-267.65 feet to land of Field, thence along land
of Field S. 10°53'50"E.-85.27 feet to. other land of Van.J)uzer; thence along said
land S.66038'40"W.-274. 11 feet to point of beginning. Containing 30.137 square
feet.
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Frank Sawicki for renewal of his single family
house trailer used for housing farm help under the 4-H Program, and located
on the north side of Old North Road, Southold, which permit expires on March
23, 1990, be and hereby is granted for a six (6) month period.
13,-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
Irrevocable Letter of Credit in the amount of $565,530.00, submitted by Highpoint
Meadows, as a bond for roads and improvements in the major subdivision of
Highpoint, Sections One, ' Two and Three (DBM Affordable Housing Project) , all
in accordance with the Town Board resolution of November 28, 1989 approving
the amount, as recommeded by the Southold _Town Planning Board and Sidney
B. Bowne & Son, Consulting Engineers:
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
Irrevocable Letters of Credit in the amount of $10,000.00 for a Firewell, and
$44,350.00, submitted as a bond for roads and improvements in the major sub-
division of Highpoint at East Marion, Section III, all in accordance with the Town
Board resolution of December 27, 1989 approving the amount, as recommended
by the Southold Town Planning Board and Sidney B. Bowne E Son, Consulting
Engineers.
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.MMoved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
amount of $164,478.50 for a bond for roads and improvements in the major subdivision
of Mattituck Creek Estate (formerly James Cohill) , all in accordance with the
recommendation of the Southold Town Planning Board and Sidney B. Bowne E
Son, Consulting Engineers.
MARCH 13, 1990 347
a.R
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman r.Pennya, J,,us.tiee'`Ed'warils, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilwoman Larsen, seconded by 'Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
bid of Albertson Marine, Inc. , Southold, for the purchase from the Town of two
(2) 1986 150 HP Mercury Outboard Motors at a bid price of $1 ,651 .00.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen;
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution. was declared duly ADOPTED.
18.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of: Southold hereby accepts the
bid of Thomas H. Gannon and Sons, Inc. ,. Middle Island, for applying Slurry
Seal to the roads on Fishers Island at a cost to the Town of $.95 per square
yard, all in accordance with the bid specifications.
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-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 Franza's Universal Scrap Metal Inc. , in the amount of $5.01^per ton for
the removal of all the Scrap Metal deposited at the Southold Town Landfill Site,
Cutchogue, for the remainder of 1990, and authorizes and directs Supervisor
Scott .L. Harris to execute an agreement with Franza's Universal Scrap Metal Inc.
for the aforementioned service, all in accordance with the specifications for same.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation .,Law,
State Environmental Quality Review Act, and 6NYCRR Part 617. 10, and Chapter
44 of the Code of the Town of Southold, notice is hereby given that the Southold
Town Board, in conducting an uncoordinated review of this unlisted action, has
determined that there will be no significant effect on the environment.
DESCRIPTION OF ACTION : Amendment of Chapter 100 (Zoning) of the Code
of the Town of Southold by amending Section 100-33. The project has been deter-
mined not to have a significant effect on the environment because an Environmental
Assessment Form has been submitted and reviewed and the Town Board has
concluded that no significant affect to the environment is likely to occur should
the project be implemented as planned
COUNCILMAN WICKHAM: This is a local law in which a proposal is. made in a
minor change of the .Town Code .dealing the placement of accessory buildings around
homes.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21 .-Moved by Councilwoman Oliva, 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 Zoning" (amending
Section 100-33) ; now, therefore, be it
RESOLVED .that the Town Clerk be and she hereby is authorized and directed
to transmit this proposed Local Law to the Southold Town Planning Board and
the Suffolk County Department of Planning in accordance with the Code of the
Town of Southold and the Suffolk County Charter. Said proposed Local Law
reads as follows, to wit: -
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I . Chapter 100 (Zoning) of the Code of the Town of Southold is
hereby amended as follows:
1 . 100-33 is amended to read as follows:
In the Agricultural Conservation District and Low-Density
Residential R-80, R-120, R-200 and R-400 Districts,
accessory buildings and structures or other accessory uses
shall (may) be located in the required rear yard, subject
to the following requirements:
ll . This Local Law shall take effect upon its filing with the Secretary
of State.
21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
348 MARCH 13, 1990
22.-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 advertise for bids
for drydocking the MV Race Point.
22...=Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Supervisor Harris, seconded by Councilman Penny, .it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
closure of the following Town Roads on Saturday, June 16, 1990, for the Twelfth
Great North Fork Foot Race, provided they secure and file with the Town Clerk
a One Million Dollar Certificate of Insurance naming the Town of Southold as an
additional insured:
1 . Intersection of Wickham Avenue and Route' 25, and intersection of Mull
Road and Route 25, Mattituck, from 8:45 A.M. to 10:30 A.M.'
2. Marratooka Avenue., Mattituck, from 8:45 A.M. to 9:20 A.M.
3. Reeve Avenue, Mattituck, from 8:45 A.M. to 10:30 A.M.
4. - New Suffolk Avenue, from Reeve Avenue to its end in New Suffolk,
8:45 A.M. to 10:30 A.M.
5. Jackson Street, First Street, Main Street, New Suffolk Road, George
Road, and Grathwohl Road; New Suffolk, from 9:15 A.M. to 9:50 A.M.
6. Marratooka Road, Park Avenue, Bungalow Lane, Mattituck, from 9:00
to 9:40 A.M.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Councilwoman Larsen, seconded by SuperviTor Harris,, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals as Scale Operators, from the Suffolk County Department
of Civil Service Certification of Eligibles List, effective March 19, 1990, at a salary
of $10.61 per hour: Wayne E. Dorsch, Paul L. Zink, and Caroline Ragozino.
24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of ,the Town of Southold hereby authorizes an
advance payment to The Ad Shoppe as a deposit for production of 500 T-shirts
for the 350th Anniversary Committee; cost of said T-shirts is $4. 10 each for a
total cost of $2,050.00 (balance of $1 ,050.00 to be paid upon satisfactory delivery
of the T-shirts to the 350th Committee) ; said charge to be made to A7550.4,
Celebrations, Contractual Expenses.
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd, also, urge those people who are watching this on
your home television, that this 500 T-shirt number will directly benefit the
celebration on July 14th through the 21st of our 350th anniversary.
26.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby commences the
lead agency coordination process in regard to the State Environmental Quality
Review Act on the Type I Action of the petition of Emanuel Kontokosta (Southold
Commons) for a change of zone from "R-80" Residential Low-Density District (2-
acre minimum) to "HD" Hamlet Density District on certain property located at
the west side of Boisseau Avenue, south of .Middle Road, Southold, New York
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of' the .Town of Southold hereby enrages the
services of Cramer, Voorhis E Associates., at a cost not to exceed $500.00, to
review the Long Environmental Assessment Form with respect to the petition of
Emanuel Kontokosta (Southold Commons) for a change of zone; said review to
include applicant's Part I, prepare a Part II and III, draft a proposed declaration,
including a field inspection; the cost of said review to be paid by Emanuel
Kontokosta prior to the commencement of the review.
27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny,`-Justice Edwards, Supervisor Harris:
This resolution was declared duly ADOPTED.
'`MARCH 13, 1990 349
28.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva,
WHEREAS, a petition has been received from Emanuel Kontokosta (Southold Commons)
for a change of zone on certain property located at the west side of Boisseau
Avenue, south of Middle Road, Southold, from "R-80" Residential Low-Density
District (2-acre minimum) to "HD" Hamlet Density District; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is directed to transmit this
petition to the Southold Town Planning Board and the Suffolk County Department
of Planning, all in accordance with the Southold Town Code and the Suffolk County
Charter.
28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice..Edwards,, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby commences the
lead agency coordination process in regard to the State Environmental Quality
Review Act on the Type I action of the petition of Jem Realty Co. , by Emanauel
Kontokosta, Partner, (Jem Commons) for a change of zone on two (2) parcels
located at the North Road, Greenport, -from Parcel I - the most southerly 42±
acres from existing "R-80" Residential Low Density District (2-acre minimum)
to "HD" Hamlet Density District; Parcel II the most northerly 20± acres from
"R-80" Residnetial Low Density District (2-acre minimum) to "R-40" Residential"
Low Density District (1-acre minimum) .
29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. .
This resolution was declared duly ADOPTED.
30.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of !the Town of Southold hereby engages the
services of Cramer, Voorhis & Associates, at a cost not to exceed $500.00, to
review the Long Enviornmental Assessment Form with respect to the petition of
Jem Realty Co. , by Emanuel Kontokosta, Partner (Jem Commons) for a change
of zone; said review to include applicant's Part I, prepare a Part II and III,
draft a proposed declaration, including a field inspection; the cost of said review
to be paid by Jem Realty Co. prior to the commencement of 1the review.
30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
31 .-Moved by Councilwoman Oliva, seconded by Councilman Penny,
WHEREAS, a petition has been received from Jem Realty Co. by .Emanuel Kontokosta,
Partner, (Jem Commons) for a change of zone on certain property" located at the
North Road, Greenport, from (1) "R-80" Residential Low Density District (2-acre
minimum) to "HD" Hamlet Density District, and from (2) "R-80" Residential Low
Density District (2-acre minimum) to "R-40" Residential Low Density District (1-acre
minimum) ; now, therefore, be it
RESOLVED that the .Town Clerk be and she hereby is directed to transmit this
petition to the Southold Town Planning Board and the Suffolk County Department
of Planning, all in accordance with the Southold Town Code and the Suffolk County
Charter..
31 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved" by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby commences the
lesd agency coordination process in regard to the State Environmental Quality
Review Act. on the Type I action of the petition of Robert D. and Katherine G.
Halikias fora change of zone from "A-C: Agricultural-Conservation District to
"B" General Business District on certain property located at the north side of
Route 25, Cutchogue, New York.
32.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
33.-Moved by Councilman Wickham, seconded.by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
_services of Cramer, Boorhis E Assoicates, at a cost not to exceed $500.00, to
review the Long Environmental Assessment Form with respect to the petition of
Robert D. and Katherine G. Halikias for a change of zone; said review to include
applicant's Part I, prepare a Part II and III, draft a proposed declaration, including
a field inspection; the cost. of said review to be paid by Robert D. and Katherine
G. Halikias prior to the commencement of the review.
33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution- was declared duly ADOPTED.
3 .5 0 MARCH 13, 1990
34.-Moved by Justice Edwards, seconded by Councilwoman Oliva,
WHEREAS, a petition has been received from Robert D. and Katherine G. Halikias
for a change of zone on certain property located at the north side of Route 25,
Cutchogue, New York, from "A-C" Agricultural-Conservation District to "B"
General Business District; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby-is directed to transmit this
petition to the Southold Town Planning Board and the Suffolk County Department
of Planning, all in accordance with the Southold Town Code and .the Suffolk
County Charter.
34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice-. Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
35.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 Budget modification to the General Fund - Para Town to provide
for legal fees of Smith, Finkelstein, Lundberg, Isler. & Yakaboski for services
to the Town of Southold Zoning Board of Appeals regarding the Wade matter
($1,000.00) , and Zahra matter ($2,697.50) a.nd Matt-A-Mar matter :.($659.60) :
To: B1440.4 Town Attorney; Contractual Expenses $ 4,357.10
From: B8010.4- Zoning, Contractual Expenses $ 4,357.10
35.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. -
This resolution was declared duly ADOPTED.
36.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold herebv authorizes and
directs Supervisor Scott L. Harris to execute an agreement between the County
of Suffolk, Department for the Aging and the Town of :Southold for the Expanded
In-Home Services for the Elderly Program (EISEP) for the period of April 1 ,
1990 through March 31 , 1991, at a total cost not to exceed $22,278.00, all in
accordance with the agreement as approved by Assistant Town Attorney Kiernan.
36.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
37.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Andrew
D. Stype to conduct the following appraisal on behalf of the Open Space Committee,
at a fee of $850.00; John Wickham S Others, Cutchogue, N.Y. , Tax Map n1000-
110-8-32.3, approximately 31 acres.
37.-Vote of the Town Board : Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilman
Wickham.
This. resolution was declared duly ADOPTED.
38.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds their
Resolution No. 19, adopted on February 27, 1990, authorizing the Town Clerk
to advertise for bids for the purchase of one (1) 1990 1 /2 ton pick-up truck
for the Highway Department.
38.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny; Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
39.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town
Planner Valerie Scopaz to attend the Suffolk County Water Authorit;I Watershed
Protection Committee meeting at 6:30 P.M., Wednesday, March 14, 1990, at Oakdale,
New York, and the use of a Town vehicle to travel to said meeting.
39.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
40.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the' Town of Southold hereby grants permission_
to Detective Joseph Conway, Sr. and Chief Dispatcher John Raynor to attend
-a BRC East Coast Users Group Meeting on March 29 and 30, 1990, at Trump's
Castle, Atlantic City, New Jersey, and the use of a Town vehicle, and the
necessary expenses for lodging and some meals shall be a legal charge against
the Police Department's 1990 Budget; and be it further
RESOLVED that the Town Board hereby authorizes an advance fee payment in
the amount of $170.00 for two (2) nights lodging for the aforesaid meeting.
MARCH 13, 1990 3 1
40.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
41 .-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Janet
Tabor as a School Crossing Guard, effective immediately, at a salary of $20.00
per day, AND as a Traffic Warden, effective immediately, at a salary of $7.35
per hour.
41 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
42:-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the application of Joseph W. Petrauskas for a single family house
trailer permit, for trailer located at 490 Hill Street, Mattituck, be and hereby
is granted for a six (6) month period.
42.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman ,Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED..
43.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
creation of a Stop Abuse and Violence Toward the Elderly (S A V E ) Program
by Venetia McKeighan, Direction of Human Services for the Town of Southold.
43.-Vote of the Town Board: Ayes: Councilman Wickham; Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED. _
44.=Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby goes on record
in support of the Long Beach Bar "Bug" Lighthouse Restoration Program.
44.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
45.-Moved by Councilman Penny, seconded by Justice Edwards, it was
POLICY ON DISCUSSIONS WITH OTHER TOWN BOARDS
RESOLVED that the Town Board of the Town of Southold hereby establishes the
policy that as a general rule, the Town Board of the Town of Southold will not
discuss matters which are properly in the province or the discretion of the Planning
Board; Board of Appeals, or Town Trustees concerning applications pending before
those boards, or with any individuals or groups, unless the Supervisor shall
decide, after consultingwith the Town Attorney, that special circumstances exist
which justify a waiver of the above-stated general rule.
45.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
46.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the application of Martin Sidor for renewal of his single family
house trailer permit, for trialer used to house trainees under the National 4-H
Agricultural Program, located on the south side of Oregon Road, Mattituck, which
permit expires on March 23, 1990, be and hereby is granted for a six (6) month
period.
46.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
47.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the applications of Wolf Pit Nurseries, Inc. for renewal of their
two (2) trailers: (1) office and employee break area trailer, and (2) office trailer,
both located at Wickham Avenue, Mattituck, which permits expire on April 7,
1990, be and hereby are granted for a six (6) month period.
47.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
48.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby determines that
the amount of $5,000.00 shall be deposited with the Town in IieU of land for Park
and Playground purposes in' the subdivision of Highpoint Meadows, Section One,
located at Southold, New York, of which the sum of $100.,00, being the appraisal
cost, shall be deducted and payable to the General Fund, the balance deposited
in the Park and. Playground Trust Account.
352 MARCH 13, 1990
48.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
49.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby determines that
the amount of $26,950.00 shall be deposited with the Town in lieu of land for
Park and Playground purposes in the subdivision of Highpoint Meadows, Section
Two, located at Southold, New York, of which the sum of $100.00, being the
appraisal cost, shall be deducted and payable to the General Fund, the balance
deposited in the Park and Playground Trust Account.
49.- Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
50.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby determines that
the amount of $10,200.00 shall be deposited-with the Town in lieu of land for
Park and Playground purposes in the subdivision of Highpoint Meadows, Section
Three, located at Southold, New York, of which the sum of $100.00, being the
appraisal cost, shall be .deducted and payable to the General Fund, the balance
deposited in the Park and Playground Trust Account.
50.-Vote of. the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice. Edwards, Supervisor Harris.
This resolution was declared'duly ADOPTED.
51 .-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
expenditures associated with the publication of a Town-wide Information Meeting_
relative to the Solid Waste Management Plan, to be held at 7:30 P.M. , Tuesday,
April 3, 1990 at the Southold Town Recreation Center, Peconic Lane, Peconic.
51 .-.Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was:declared duly ADOPTED.
52.-Moved by Councilwoman Larsen, seconded by Councilwoman Oliva , 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 establish a new line_ item for mail and photocopying expenditures:
To: A1670.4 Central Copying and Mailing, Contractual Expenses $ 41 ,000.00
From: A1620.4 Buildings S Grounds, Contractual Expenses $ 31 ,500.00
A1330.4 Tax Collection Contractual Expenses $ 9,500.00
52.-Vote of the Town Board: Ayes : Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
53.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED ,that the Town Board of. the Town of Southold hereby accepts the
proposal of Kevin Knobloch Lawn Care to re Fade the Laurel Lake ballfield,
cut out infield area, base lines, place weed killer on infield and base lines,
raise pitcher's plate, and sod infield, at a total price of $2,500.00.
53.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
54.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law,
State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter
44 of the Code of the Town of Southold, notice is hereby given that the Southold
Town Board, in conducting an uncoordinated review of this unlisted action,
has determinied that there will be no significant effect on the environment.
DESCRIPTION OF ACTION : Amendment to Chapter 100 (Zoning) of the Code
of the Town of Southold by amending Section 100-262A. The project has been
determined not to have a significant effect on the environment because an Environ-
mental Assessment Form has been submitted and reviewed and the Town Board
has concluded that no significant effect to the environment is likely to occur
should the project be implemented as planned.
54.-Vote of the. Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This'" resolution. was declared duly ADOPTED.
MARCH 13, 1990 353
55.-Moved by Councilwoman Oliva, seconded by Supervisor Harris,
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 Zoning" (amending
Section 100-262A) ; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed
to transmit this proposed Local Law to the Southold Town Planning Board and
the Suffolk County Department of Planning in accordance with the Code of the
Town of Southold and the Suffolk County Charter. Said proposed Local Law
reads as follows, to wit:
A Local Law in Relation to Zoning
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 100-262A is hereby amended to read as follows:
A. An application for a special exception approval shall be on the form
for same provided by the Zoning Board of Appeals and shall be
submitted in triplicate to the Zoning Board of Appeals, who shall
review the application for completeness and conformity with this
chapter. The Zoning Board of Appeals shall reject the application
if it is not complete or not in conformance with the Zoning. Code
and shall notify the applicant as to the reason for such rejection.
If the application is satisfactory, the applicant and the Zoning
Board of Appeals shall set the application down fora public
hearing.
The fee for a special exception shall be $150.00,as set forth in Section 100 '274.
11 . This Local Law shall take effect upon its filing with the Secretary of State.
55.-Vote of the Town Board: Ayes: Councilman"Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Number 56 and 57 is being held, a Local Law in Relation
to Zoning. (Multiple dwellings having a minimum living area of 850 square feet'.).
58.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Lewis Edson, at a fee of $100.00 per parcel, to update his appraisals
of two parcels of surplus Town property: Parcel 1000--33-4-78 at the easterly
side of the foot of Sound Road, Greenport, and Parcel 1000-15-3-47 at the north-
erly side of the intersection of Sound View Road and Ryder Farm Lane, Orient.
58.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
59.-Moved by Justice Edwards, seconded by Supervisor Harris, it was,,
RESOLVED that the Town Board of the Town of Southold hereby retains the
services of outside counsel, James Reynolds, at a fee of $125.0.0 per hour, to
defend the Town in the matters of Victor Lessard v. Town of Southold.
59.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was. declared duly ADOPTED.
60.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold does hereby elect to
pay the additional cost on account of any qualified member of the Police Depart-
ment who duly elects to receive the additional benefit after twenty years of
creditable service provided for under the provisions of Section 384-e of the
Retirement and'Social Security Law or any subsequent amendments thereto; and
be it further
RESOLVED that this election shall become effective on the 1st day of April,
1990.
60.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED:
61 .-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 arrange and make payment from the Treasury
_ of the Town of Southold to retired Southold Police Officer Henry F. Santacroce,
throughout the remainder of his life, and thereafter to his spouse, thoughout
the remainder of her life (consistent with his New York State Retirement Plan
Election) for the identical amount of the benefits which would have been received
by Officer Santacroce (during his life and thereafter by his spouse, during
her life) , from the New York State Retirement system pursuant to Article VII
Section 3 of the 1989 Contract between the Town of Southold and the Southold
Town Policemens Benevolent Association, Inc. (copy annexed) and pursuant
354 MARCH '13, 1990
to Section 384(e) of the New York State Retirement and Social Security Law
("1 /60th Bill", 1989 Session Law Chapter 453) (hereinafter "1 /16th Bill") , as
if said "1 /60th Bill" had veen duly irrevocably adopted and implemented by the
Town fo Southold and the New York State Retirement System as of the date
of Officer Santacroce's retirment from Southold Town Police service on January
16, 1990. i
61 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
62.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with
the rules and regulations, and upon direction from the Suffolk County Departmen
of Civil Service, hereby terminates the following Scale Operators who failed
to pass the .civil service test for Scale Operator, effective March 30, 1990 : Charles
Knispel, Michael Lessard, and Harry Tuthill.
62.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
63.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold' hereby determines
-that the amount of $38,850.00 shall be deposited with the Town in lieu of land
for Park and Playground purposes in the subdivision of Laurel Lane Estates,
located at Laurel, New York, of which the sum of $100.00, being the appraisal
cost, shall be deducted and payable .to the General Fund, the balance deposited
in the Park and Playground Trust Account.
63.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
AMENDED March 10, 1992 by Resol. #6
64.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby determines
that the amountof $11 ,500.00 shall be deposited with the Town in lieu of land
for Park and Playground purposes in the sudivision of Mattituck Creek Estates,
located at Mattituck, New York, of which the sum of $100.00, being the appraisal
cost, shall be deducted and payable to the General Fund, the balance deposited
in the Park and Playground Trust Account.
64.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared .duly ADOPTED.
65.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby determines
that the amount of $18,200.00 shall be deposited with the Town in lieu of land
for Park and Playground purposes in the subdivision of The North Forty, located
at Cutchogue, New York of which the sum of $100.00, being the appraisal cost,
shall be deducted and payable to the General Fund, the balance deposted in
the Park and Playground Trust Account.
65.=Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
66.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby approves and
adopts the following amendments to Chapter 108, Highway Specifications; from
the Code of the Town of Southold, all in accordance with the. recommendations
of Superintendent of Highways Jacobs:
I . Chapter A-108 (Highway Dedication)' of the Code of the Town of Southold
is hereby amended by adding Article IV as set forth below:
PROCEDURE FOR FINAL DEDICATION OF ROADS
If dedication of a road is being offered at some point in time after the
performance bond has been released, this procedure should be followed:
1 . Dedication papers shall be submitted to the Town Clerk and shall
include:
a. A duly acknowledged dedication and release, together with the
required County Clerk's recording fees, if any.
b. A survey map of the property which shall show the actual
location of the highway area within the highway right-of-way and
a metes and bounds description of the right-of-way.
c. An abstract of title certified to the Town Board by a reputable
title company..
d. A bargain and sale deed with covenant against grantor's acts
in the proper form for recording in the County Clerk's Office.
MARCH 13, 1990 3 5 a
e. Six (6) sets of plans which demonstrate that the roads are in
conformance with highway specifications as set forth in Chapter
A-108 of the Code of the Town of Southold.
2. Upon receiving all of the aforesaid dedication papers, the Town Clerk
shall refer the papers to the Town Attorney for review.
3. When the Town Attorney deems the papers to be in proper legal form,
he shall so notify the Town Clerk, and forward the papers to the Super-
tendent of Highways.
4. The Superintendent of Highways shall 'ask the Town Engineer to conduct
an inspection of the road to be dedicated, the costs of which are to
be assumed by applicant. The Town 'Engineer shall submit a written
inspection report. The report shall itemize any work that remains
to be completed in order to bring the road up to Town Highway
Specifications.
5. The Town Engineer's report shall be submitted to the Highway
Superintendent for his review.
6. If further work is needed to bring the road up to specifications
the Highway Superintendent shall so notify the applicant in writing
and copy to the Town Clerk.
7. After the work is deemed complete by the Highway Superintendent,
he shall advise in writing the Town Clerk to submit the dedication
papers to the Town Board for acceptance at its next regularly
scheduled meeting.
8. The name of such highway may be proposed by the owner or owners
of property dedicating such highway but the proposed name shall be
subject to the approval of the Town-and the Planning Board, primarily
to avoid duplication.
9. Before any highway shall be accepted by the Town of Southold, as
a town highway by dedication, the assessed value of the buildings and
structures on the land on both sides of such highway (as shown on
the current tax roll of the Town of Southold) shall have an assessed
value of not less than forty thousand ($40,000.00) dollars per mile
proportioned at that rate if more or less than a mile.
66.-Vote of the Town Board: Ayes: Councilman Wickham, • Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, this ends our large agenda that we had
on resolutions. I'd like to commend the Town Board for the amount of work
and effort, that went-forth in producing all these resolutions, and also, commend
the Town Clerk, who had to prepare all these resolutions. At this time, I'd
like to ask anybody in the audience, if they have anything they'd like to address
before this Board. Hearing none, I'd like to go to Councilman reports, and
I'll start with Ray Edwards. Ray, it's good to Have you back. It's been a long
session for you, I. understand, but we're pleased to see you here tonight.
JUSTICE EDWARDS: It's good to be here, and I want to thank_ everyone for
their cards and their prayers. I'm back amongst you. Thank you.
SUPERVISOR HARRIS: Do you have anything, Tom, you'd like to start with?
COUNCILMAN WICKHAM: Thank you, Scott. Tonight I'd like to report briefly
on two general areas. One of them is on the Planning and Zoning Committee,
a standing committee of the Town Board, which Scott has asked me to c air.
We've had several. meetings already, and I'd like to outline for the audience
the agenda and the issues, that we intend to take up through this committee.
Planning and Zoning is a committee with the objective of getting a more compre-
hensive scope, and a. comprehensive understanding of the planning issues facing
the Town. Rather than looking at the individual trees, we want to look at the
forest, and chart ahead a plan that will look after the long term interests of
the town. Accordingly, we have a four point agenda ahead of us, that we're
looking at. The first point is one that I'm sure many of you are familar with,
and that is the need to have better cordination among the various agencies of
the Town government. We have a. Building Department, a Planning Department.
We have the Trustee, the Zoning Board of Appeals. We need to be sure that
they're systematically and comprehensively as a whole. I might add, to acheive
this, the members of this Planning Committee include the Chairman or the key
people from these various departments. The second aspect of the agenda is
a streamlining of the committee's structure of the Town. We've had a wide number
of advisory committees, and various other types of committees designed to help
in planning. I won't even bother to mention them. We intend to consolidate
these, and bring them under the umbrella of the Planning and Zoning Committee,
so that they will meet the long term planning needs of the Town. Thirdly,
there are a number of`short term legislative problems, that the Town faces
dealing with the Master Plan, and all of the implementation of it. The Legislative
356 MARCH 13, 1990
Committee, chaired by George Penny, is doing a very significant job, and a
very important job. Our committee will feed into that Legislative Committe a
number of areas, that we feel need attention, among them are, of course, the
affordable housing issues, which we feel needs a great deal of attention, and
a number of others. Finally, the last thing, you'll all recall that there was
some discussion last year about the need for a Master Plan, and the Town in
fact passed and enacted a Master Plan. The. Committee has looked at that, and
regards the Master Plan as a useful document, but one that is not fully compli-
mented by the map, the zoning map, and by the Town Code, that's designed
to implement it. We'll be looking carefully at that map, and the Code with a
view to bringing the whole thing into a long term compliance. That is
basically where we going. I'd like to just conclude that there are two very
important parts of long term planning for the Town, that we don't feel have
been adequately addressed. One of them is a need for a transportation study,
and the importance of having a full understanding of the transport needs of
the Town. We're going, to put this high up on our agenda, and try to address
the transportation requirements. The other area, that we feel is absolutely
critical, is to have an imput in knowing the water status of this Town, particularly
the groundwater status, and having that put into the planning process. Accordingly,
we had -some discussion in our work sessing this morning, about the role of
the Suffolk County Water Authority (tape change) support of a plan developed
by the Town, that looks after the Town's interests, and then we'll search for
authorities or other perveyors .of water, that can help the Town to _reach those
goals. In other words, it's the Town that will determine the agenda, and not
an outside agency. Turning now to the garbage issue, which I know is one that
speak about every two, weeks here, and 'I one that I think is quite important.
We are planning, as you saw in one of our resolutions tonight, an information
meeting on Tuesday 7:30 P.M., the 3rd of April. This is in the Peconic Civic
Center Building. The purpose of this is really two-fold. One is communicate
to. the public, broadly, the trends, the thinking of.the Board, and the Task
Force, as to what are the priorities and the needs, as the Town faces the
mandate of the December closing of the landfill. The other purpose is to communi-
cate more clearly the detailed information as to how each of us, as individuals
in our homes, through compliance with the recycling and reduction efforts can
further the Towns. objectives. Finally, we'll be discussing cost implications
and. the general long term cost numbers, .that are frankly very large and that
the Town needs to start thinking about. There are a number of other parts to 1
waste management thing, but I want to conclude my comments with one rather
disquieting note, that just came to light today. We have had difficulty scheduling
a meeting with the DEC. In our efforts to comply with the law, and to comply
with December, we have been put off a number of times in our efforts to even
schedule a meeting and ,talk to them. Talking to them in their offices, I might
add, not even here. Similarly, the ten point plan, which Supervisor Harris
has outlined on several meetings before this, we still after two months have
not got a response from them. We finally made diligent and detailed efforts
to schedule 'a meeting, and the response came back this afternoon, that yes,
they would be prepared to talk with us, but only if on the agenda ;of that dis-
cus.sion, which is tenatively on the 28th of March, only if on the agenda will
be placed the imposition of consent order on the Town of. Southold forcing us
into specified changes. I want to emphasize, this is the New York State Depart-
ment of Environmental Conservation, which on the one hand is trying to force
the Town of Southold into a consent order, and on the other hand is asking
us to comply with the law by December of this year. These are issues, that
don't have an answer for. We'll have to talk to our legal people, and with
our consultants, but they're very disquieting to me. Last week we has an
open meeting with the League of Women Voters, and the North Fork Environmental
Council, and I concluded that meeting with the comment, that I think we can
comply with the law, and come up with a plan, that meets the Town's interests
and the DEC requirements, but that there were two possible problems, that
could impede our progress. One is the possibility of a political breakdown
of the Town Board, and the various factions that we face. I'm pleased to say
that, that is not happening. In fact; I think we have excellent cooperation
on this. But the other one was the possibility of exactly a consent .order situa-
tion, which I was afraid would spoil the rather positive and active efforts on
the part of the Town to meet this law in good faith. This is exactly what is
happening, and as a result of it, I'm somewhat less optimistic about out ability
to meet those requirements in good faith, and in a way which the DEC can
live with, and we can live with. This is rather sudden, and I don't have the
full answers for you about all of the details. There will be more forthcoming
in future weeks. I think this may be a topic, also of the information meeting,
the public meeting, on the 3rd of April. Thank you, Scott.
MARCH 13, 1990
357
SUPERVISOR HARRIS: Thank you, Tom. I'm kind of disheartened to find this
information out. I didn't realize that the DEC was applying a deadline to this
town. We're actually the last fish, I guess,' in' the bowl of targeting for a consent
order, but I'm sure that we're going to deal with that, if that does come accross.
At this time, I'd like to move on to Ellen. Would you like to give any councilman's
report, or anything at this time?
COUNCILWOMAN LARSEN : I have a few things that I'd like to comment on. I've
attended the Zoning and Planning meetings, that Councilman Wickham has referred
to. We have outlined our overall concerns and goals for the future zoning and .
planning, with long term planning within the Town, as well as short term. I
think the committee looks to be promising, if we can implement some of the cloals,
that we outlined in our organizational meeting. I'd like to mention that on March
23rd the Town of Southold will initiating a youth teen night at the Rec Center.
understand that the DJ, who has been hired for the evening comes complete
with his own smoke, as he's playing the music. We are looking for chaperones.
Any individuals within the town, who are interested in chaperoning the event
can contact the Southold Town Rec Center at 765-5182. That would appreciated.
I would like to_ comment on the reasons that I voted against resolution number
two and resolution number three. One was to send a letter of intent to the Town
of Brookhaven, that we're expressing interest under no commitment to participate
in their overall solid waste management plan, and the second was a no vote on
the $.02 tipping fee for the C&D .debris. First of all, I have worked under the
assumption, I be the Task Force has worked under the assumption, that
there will. be no modification of the .1990 landfill law. The three major problems
that I see facing us right now are one, a lack of understanding by the general
public of the sociological and economic impact of this law. By this I mean their
role, the public's role in waste disposal reduction costs, and two the monetary
impact of waste disposal at a $100.00 .per ton and plus, once our landfill is closed
in December and we go into long hauling. : The second problem I see is the ineptness
and inflexibility of the DEC in assisting the towns in meeti,ng the law, and
expediting the permit processes. The third problem is the time frame that the
Solid Waste Management Committee has to work within to come up with the plan.
The primary economic benefit to the taxpayer in reducing the amount that we
put into the landfill AKA through recycling will ultimately reduce the cost of
long hauling. The $2.00 sticker fee, that has been paid by the residents in
the Town of Southold to cover their waste disposal costs at the landfill can no
way cover the cost per ton that the town now has to accept to manacle trash.
The reason for. the $.02 per ton charge was to bring uniform, fees throughout
the east-end. Last year in 1989, we implemented a $.01 per pound for construction
and demolition debris. That $.01 per pound provided over 1000 of the operating
costs for the landfill, and gave us an excess of $100,000.00 in our budget, that
was used to put the judicial extension on the Town Hall, that you see now, that
was not a bonded debt. The rate in Riverhead includes all muncipal solid waste,
not a segmented portion, which is C8D debris. A higher rate .of $.02 in the
Town of Southold will not divert household garbage, which is still currently
free from entering Southold's landfill. My feeling is that a cost should be put
on all household garbage at say $.01 a ton, or $.50 a bag less recyables. My
reasons for this is as follows: If we are going to give the home owner the
incentive to recycle, we have to give them a reason to. I took a survey of ten
or, fifteen of my friends over the past two weeks, and have asked them, are you
complying with the voluntary recycling? One person out of the fifteen said yes,
not because they're not interested, and not because they aren't environmentally
aware. _ Only because there is nothing to move them to recycle. So my feeling
is, if you charge for all debris, that goes into the landfill, but you don't charge
for your plastics or glass, your metals, then you're going to say as the home
owner is cleaning up after dinner and have to pay to dispose of this waste, if
don't recycle because the cost is so expensive. The other reason I can't support
it is because it is a whole town problem, and I think that the public at this point
has been given a false sense of security, that the cost of waste management aren't
a reality. The public has to become aware, that is going to be very expensive
and their role in waste reduction is very important. So they were my reasons
for voting no. Thank you.
SUPERVISOR HARRIS: Ruth?
COUNCILWOMAN OLIVA: Thank you, Scott. First of all, welcome back Judge.
It's good to see you in such rousing health there, and getting around so nicely.
Second of all, I do agree with Ellen's comments. I think they're very well taken.
I hope the Board will take into consideration to charge something, a $1 .00 a bag
for municipal waste, because. people have to have an economic incentive, really,
in order to move, and the ,carters, now, have their flyers. They have their
labels, so within the next few weeks, they will... be sending them out to the
customers, . and they will mark on a calender that's on there what day they will
358 MARCH 13, 1990
pick up the recyclables. I certainly hope the press will urge everybody to comply
on a voluntary basis. We'd much rather have the whole thing on a more voluntary
basis than a mandatory, although by New York State law we will have to go into
mandatory by 1992. 'We'll -probably do it by the end of the year. I attended
a New York State Coastal Conference on February 28 to March 1, and it was
a most interesting and inspiring conference, and just what Tom said about the
DEC, we had a round table of different elected officials. One of the things that
they said, everyone. is against and has problems with the DEC. They said they
asked the DEC, what should we do? Give us some answers, and they never .
get that answer .back,. This was really brought home to the Department of State.
People there said, we wished we could work with you, because you want to work
with us, instead of just mandating things and then never offering advise. The
conference itself,like I said,was inspiring. We had speakers there from San Franci
Bay, who have done so much to delay and prohibit the filling in of the. Bay,
and making wetlands where there weren't, and going back. Also, a person from
the Chesapeake, and they .have done so much in Maryland, with the state of
course the smaller state, setting up a coastal commission. California has one,
also. But there are things that we could do right here, and I'm just going to
mention them briefly, and then bring them up to the Planning and Zoning Committee.
The two most important pollutants, that we have in our creeks, and our creeks
are being shut,- and we should act now while we still have the time, our road
runoff. Now the Department of Transportation of New York State is probably
-the biggest polluter, than anybody else in the town. I think by working with
the Department of State, and I think they will help us work with the Department
of Transportation to see that it is corrected. The second. thing, is cesspool runoff
into our creeks and bays. We now have the scavenger waste treatment plant
on line. I think it's time that we start going around and checking some of these
old cesspools, that are on .the creeks and the bays, that might be leaking, so
we can see that they are updated. .The third thing, Sf course, is marinas or
any water dependent uses, and these if there are new ones, they require site
plan approval. Now, the code for site plan approval at this point, you only
have to keep enough stormwater runoff for a two inch rainfall, and yet for sub-
divisions it's a six inch rainfall. We know that our creeks are really lying at
the bottom of all the drainage areas, and I really think that before all these marinas,
or anything is put near a creek, there. should be a six inch runoff containment.
This would have to be done, I think, depending upon certain criterion about
the soil structure in each of these areas. Also, there's another thing that's
very important, too, is oil containment.. We have Northville Industries going
down here, and we have very little equipment to contain any type of oil spill.
I think, -we just have blankets now. We should have booms. We should be ready
to move, because we've seen it can happen all over. In fact, Jerry Shuber was
there, and he said there's enough oil spilled in the whole New York area every
three months, that equal to the Exxon Valdez in Alaska. We, also, went into
different ways, and inventive ways of obtaining access to the waterfront by
conservation easements, working land trusts, with bargain sales, that the Town
sometimes can not do that. You don't -want to condemm, but perhaps you can
give a developer a little extra lot, and-get a lot open to you, and looking for
foreclosures, maybe not in this area, but government has taken over some properties
from drug sales. So there's all'-ways of looking into these type of things. One
other thing' relating to the marinas, and that is, perhaps, we should go into
j hopefully, into no discharge zones, for compelling the large marinas to go into
pump-out stations, and rest rooms, and we hope we can perhaps work with the
Suffolk County Department of Health in encouraging the clovis moultrom type
of toilet for those facilities, that do not have the proper drainage. Also, with
these pump-out facilities, I know it's been a problem with the scavenger waste
being able to take some of them because of the chemicals, but I was talking to
a large marina operator, on the south side, and there are chemicals that you
can obtain, that are non-polluting. They do break down. They can be used
in the holding tanks in the differeInt boats. I think we ought to investigate those,
and get out our educational literature to the different marinas, for the boaters.
We have to protect our coastline. This ;is what brings the people here. It's
part of our economy, and we must support it. Thank you.
SUPERVISOR HARRIS: Thank you, Ruth.
'COUNCILWOMAN LARSEN : Just an ad-lib on what Ruth was saying. We finally
got notice of complete 'application on the leaching basins for Suffolk County for
Mill Creek, which is something that I've been working on since I've been on the
Town Board, and we, also., received a $100,000.00 grant from the EPA, over
a year and a half ago, and .next Wednesday we'll have a status reading on that.
It takes a lot longer to fix the problems, than you think.
COUNCILWOMAN OLIVA: Start now.
MARCH 13, 1990 359
SUPERVISOR HARRIS: George Penny?
COUNCILMAN PENNY: Yes. On March 1st, we had a very productive meeting
with the Village Board of the Village of Greenport. One of the main topics of
our discussion was the scavenger plant, and the fact that the Village of Greenport
has been doing an excellent job in the management of it, and that they are coming
through about 940 or 96% efficiency, and we're going to have more meetings to
follow on this. For all you sports fans, there is some good news. The Village
of Greenport is considering opening up Moore's Field again, for soft ball in the
summertime, and I think at our next Town Board we discuss the fact that they've
asked us to help support the lighting in there,- because most of the teams come
from the.Town of Southold, rather than the Village of Greenport. The Legislative
Committee has been very busy, as you can see by the amount of code changes
and amendments, that are being added. We've got an agenda, that is probably
eighteen months long, and we're meeting every other week. I'm sure that there
will be two or three code changes at about every Town Board meeting from now
on. They're pretty boring at times, but you have to wade through them. Just
in relation to the garbage and the raising of the fees, I would like to give my
feeling, and my feeling alone. I don't know that this is a concensus from anybody
besides myself, is that you get very little for taxes in Southold Town, and every-
body in the. Town uses the landfill in one way or another. Everybody including
'the senior citizens, including the people on fixed incomes, single people, married
people, one way or another they all use the landfill, and that was my reasoning
for not raising the garbage fees for every individual, because there's no need
at. this point :to' reach into their pocket. I look at these fees, that we just raised, '
which is the construction fees, and they are the heavy duty users. These are
the people, that have building permits,and they pay a special price for these
building permits, and if the logic was to apply that we. should subsidize these
groups; you might as well do away with building permits, and just absorb all
of this as a town cost, .so my logic in working and my vote on this, is to make
sure that the people that are putting the burden on landfill pay for it, and .not
the general public. at this point. The general public is going to have plenty
to pay after probably next year, but why rush it. We are a leader in that
respect, because we are probably the only town that does not charge for it's
garbage, yet. So when we have been asked to take a leadership role, I think
we already have. We have been gentler on the general public than anybody,
and we have not been any harder on the construction trade, and the building
trades, and the landclearing trades, than any other town. I think that when
it comes to leadership, I think we're right there. That was my reason. At this
point, I don't feel that it's neccessary. Let's give the taxpayers something for
the money. The fees that we got in last year, only partially offset the cost of
operating the landfill. I think the cost of operating the landfill is somewhere
up around $1 ,000,000.00, and we took in about $350,000.00 in fees, .so there
is no way, that we have this great access slush fund floating around. All we're
hoping to do right now, is relieve some of the burden of the consulting fees,
which were inadvertantly left out of the budget for this year, and hopefully we'll
pick up a couple of hundred thousands dollars, and that again, will not be a
burden on the general public. Thank you.
SUPERVISOR HARRIS: Thank you, George.
RICHARD CAGGIANO: I'd like to comment on Councilman Penny's comments.
SUPERVISOR HARRIS: It's a report more than a comment, Rich, but if you
would like to come forward before we officially close the meeting, I'll certainly
entertain your speech.
RICHARD CAGGIANO: I wasn't going to -say anything, but since George brought
this up. The policies that we're subsidizing the contractors and the CED because
they use the dump a lot more than the average household person, or an average
business. In fact if everyone charged the same fee, or was charged the same
fee, then those who use the dump more, would pay more money. If you used
it less, you would pay less money. Therefore we're not subsidizing anybody,
if we have a level keel on which we're all planning on. People,who use it more,
will pay more. People, who use it less, will pay less. So the idea, that just
because someone who uses it more, ought to pay a higher fee for using it more,
doesn't make sense. We're playing on two different level fields here, unlevel
fields here, and we as business people don't feel that that's fair. Again, I say,
the business community is very willing to pay it's fair share. We just don't feel
that it's appropriate that they share a heavier burden than the rest of the
community.
JUSTICE EDWARGS:There's a question here, Rich, that it's a lot easier to compact
and bury garbage than it is to compact brick, cement, and heavy timber. The
360 MARCH 13, 1990
heavy timber, the brick, and cement from construction debris takes a heck of
a lot more room up than the garbage that the senior citizens are bringing in
to get rid of. That's the biggest problem here.
RICHARD CAGGIANO: But if they are paying a fee to accorrtt chte that mass
that they're bringing in, then they're paying their share. That's my point.
JUSTICE EDWARDS: But what I'm saying if, I think that it's the people that .
are hauling this stuff out of there, are the ones. that should be paying for it,
not the average citizen should be subsidizing the demolition of these big heavy
buildings, and the construction, and the tree stumps from land clearing.
SUPERVISOR HARRIS: Before we close, I'd like to make a few comments. While
we're on the subject of tipping fees, I believe as the North. Fork Environmental
Council does that this fee is very neccessary, because the cost of filling up that
land is very, very expensive to replace. One third of all the construction, .
demolition debris does come into that landfill. I certainly believe that taxpayers
should now be.made to subsidize the commercial segment of our town, that being
the commercial developers. In closing, I would like to state that I was pleased
last night to present for the first time, a State of .the Town Address at the Kiwanis
Club, and I found out that it is the first State of the Town Address that has
been given, at. least according to what Judy's records have shown, and I'd like
to read one comment, that I had in the beginning of this, to close, this .meeting.
The .1990.'s will challenge Southolders in new and. different ways. I am confident
that by working together. we can build a strong partnership between our community
and Town government that will rekindle the spirit and: unity that founded this
great town. 350 years ago. We can no longer afford to function as a township
divided between government and the people. As we go forth into this decade,
we must combine our resources to improve and strengthen our economy, protect
our environment, and preserve the unique lifestyle that we all enjoy. With that,
I'd like to notethat this, is on record at the Town Clerk's Office for anybody;
.that would like a copy, and if I don't have any further discussion, I'd like to
make a motion to adjourn.
3 Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board meeting be and hereby i.s adjourned at 8:45 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
All-udith T. Terry
Southold Town Clerk