HomeMy WebLinkAboutTB-10/19/1993 393
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SOUTHOLD TOWN BOARD
OCTOBER 19, 1993
WORK SESSION
Present: Supervisor Scott L. Harris, Councilman George L. Penny IV, Councilman
Thomas H.• Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J . Hussie,
Town Clerk Judith T. . Terry, Town Attorney Harvey A. Arnoff, Assistant Town
Attorney Matthew G. Kiernan. Absent: Justice Raymond W. Edwards.
9 :15 A.M. - Conservation Advisory Council member John J . Hagerty III met with
the Town Board -to recommend that the Town Board urge the Suffolk Department of
Planning, Council on Environmental Quality, to seek a complete Environmental Impact
Statement on proposed Suffolk County Legislature Introductory Resolution 1348-93,
approving the settlement of Robins Island litigation. The Town Board concurred.
Mr. Hagerty will be representing the CAC at a Council on Environmental Quality
meeting on October 20, 1993 in Hauppauge.
9 :20 A.M. - Jodie Morgan; Executive Director of North Fork Womens Resource
Center, met with the Board to present a $7,400 budget request for proposed
Southold Town Programs during 1994. Ms. Morgan outlined the numerous programs
sponsored by the Center, support groups, workshops, lectures, special events and
seminars provided throughout the year. The North Fork Women's Resource Center
was established by Ms. Morgan in 1991 , and is a non-profit organization dedicated
to providing services for all women; regardless of race, creed, color, age, sexual
orientation or physical disability. The Board assured Ms. Morgan that they would
give serious consideration to her request during the budget review process.
9 :55 A.M. - For Discussion Items: (1) Bids received for clea.n-up and restoration
of the metal. dump on • Fishers Island came in at C4,955.00 and $134,400.00. They
were expected to be between $15,000 and $20,000. Councilwoman Hussie
recommended that the bids be referred to the Landfill 'Committee, over the objections
of Councilman Wickham who wanted the Solid Waste Task Force to evaluate them.
The other members of the Board agreed with Councilwoman Hussie, and she will
schedule a meeting in the near future. In the meantime, she recommended the bids
be rejected (resolution no. 31) , and authorization be given to the Town Clerk to
readvertise (resolution no. 32) once the bids specifications have been revised. (2)
As requested of Mark Wagner of Cameron Engineering at the October 5th work
session, a proposed for engineering services was received from him to conduct an
engineering evaluation for implementation of a sedimentation chamber for removal of
large and heavy inert materials at the Scavenger Waste Treatment Plant. It was
agreed the task should take no longer than 90 days', and telephone call was made
to Mr. Wagner, who agreed, and a resolution (no. 2.8) was placed on the agenda
to accept the proposal. (3) Memorandum from Senior Planner Valerie Scopaz
requesting authorization to attend a NYS-DOT workshop for applicants for
Transportation Enhancement funds. Board agreed (resolution no. 29) , and included
authorization for Director of Program Evaluation McMahon, and Engineering Inspector
Richter. (4) Councilwoman Hussie recommended to the Board that the Landfill
Permit fee be reduced from $25.00 to $5.00. She would like to go over her figures
further with Senior Accountant Cushman, and then report back to the Board. The
new fee can be adopted by resolution, and would be for the 1994 permits.
OCTOBE,R 19, 1993 399
10 :30 A.M. - The Board reviewed the resolutions to be voted on at the 7 :30 P.M.
regular meeting.
10:35 A.M. - Recess.
11 :10 A.M. - Thomas Samuels, Chairman of the Stewardship Task - Force, and
members Michael Zweig, Ann Lowry, Joseph Ristuccia, Greg Palast, Helen Jones,
and Victor Brown, met with the Board to make a presentation on their Draft Outline
of Recommendations, " listing important steps to be taken to improve the landscape
of the Town, and the quality of .life of its residents. These ideas have been
prepared after meetings with experts, advisory committees to the Town Board,
chambers of commerce, leaders from the Village of Greenport, the North Fork
Housing Alliance, and other civic groups whose work and interests helped them
understand the issues." The Task Force is punning a Town-wide meeting on
November 18th to present their draft recommendations, and then they will meet with
their consultant, Joel Russell, and put together hamlet meetings to discuss how the
recommendations affect the individual hamlets.--Mr. Samuels advised that the
Stewardship Task Force 1993 Official Citizens Survey is in the mail. They are
concerned that their mailing list might not have been comprehensive enough,
therefore, they requested permission to place an ad in the papers (see resolution
no. 30) asking residents to call the Town Clerk's office and request a survey if they
do not receive one.
12 :.05 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, October
19, 1993, 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 of the Flag.
Present: Supervisor Scott L. Harris
Councilman George L. Penny IV
Councilman Thomas H. Wickham
-Councilman Joseph J . Lizewski
Councilwoman Alice J . Hussie
-Town Clerk Judith T. Terry
Assistant Town Attorney Matthew G. Kiernan
Absent: Justice Raymond W. Edwards
SUPERVISOR HARRIS: Before we start tonight's meeting I'd like to dedicate the
October 19th meeting, tonight's meeting, to Ace, a canine Police Officer from River-
head Town, that was killed in the line of duty in our town on behalf of our own
Police Department, who asked them to come in as backup. Ace saved at least one
Police Officer's life, possibly two. He along with, unfortunately, the victim were
both killed last week in a serious situation, that took place in the outskirts of the
Village of Greenport, and we're grateful for the Riverhead Police Department, and
particularly Canine Officer Ace, and we certainly will never forget what he has done
for not only the people of our Town, and our Police Department, but certainly for
the personnel and the lives that he has saved. So, if I could have a moment of
silence for him. Thank you. I had offered the Riverhead Police Department the
opportunity to have this Special Canine Unit Police Officer replaced, and Ace was
a German Shepherd. The Sheriff's Department from Suffolk County has graciously
decided to replace Ace on behalf of their own Sheriff Office, of which we're grateful,
but certainly I wanted to be on record that I offered as a Town the opportunity for
Chief Grattan, Riverhead Town Police Chief, to take the opportunity for us to replace
that dog, and certainly we recognize the value of the Canine Units, and certainly
we recognize the efforts on behalf of Riverhead in this situation, and we're grateful
one more time for the life that this animal saved, and certainly we would be willing
to replace him at whatever cost Riverhead needed in reference to this special training,
that would take place in reference to Canine Officers. So, with that, I'll move on to
the rest of the business for the evening. We need a motion to approve the audit of
the bills from October 19, 1993.
400
OCTOBER 19, 1993 ,
Moved by Councilman Penny, seconded by Councilman Lizewski, it was
RESOLVED that the following bills be and hereby ordered paid: General Fund Whole
Town bills in the amount of $280,981 .45; General Fund Part Town bills in the amount
of $505,759.18; Adult Day Care bills in the amount of $204. 17; SNAP Program bills
in the amount of $3,099.73; Community Development Fund bills in the amount of
$27,800.96; Highway Fund Whole Town bills in the amount of $37,422.69; Highway
Fund Part Town bills in the amount of $203,763.28; Human Resource Center bills in
. the amount of $1 ,054.74; Yard Waste Compost Capital, bills in the amount of
$22,663.70; Employee Health Benefit Plan bills in the amount of $21 ,387. 16; Fishers
Island Ferry District bills in the amount of $61 ,649.22, Southold Wastewater District
bills in the amount of $778.50; Fishers Island Sewer District bills in the amount of
$139.81 ; Southold Agency S Trust bills in the amount of $113.46; Fishers Island Ferr .
District Agency & Trust bills in the amount of $993.44.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes from October 5, 1993,
Town Board meeting.
Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the minutes of the Ocotber 5, 1993 Southold Town Board be and
hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie,, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to set November 9, 1993, 4:00 P.M. , the
next Town Board meeting...
Moved by Councilman Wickham, seconded by . Councilman Penny, it was
RESOLVED that the next regular meeting of the Southold Town Board will be at 4:00
P.M. , Tuesday, November 9, 1993, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Hussie; Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
I . REPORTS.
1 . Lawrence Healthcare CSEA Monthly Benefit Report for September, 1993.
2. Lawrence Healthcare PBA Monthly Benefit Report for September, 1993.
3. Southold Town Board of Trustees Monthly Report for September, 1993.
4. Southold Town Planning Board Monthly Report for September, '1993.
5. Southold Town Scavenger Waste Treatment Facility Monthly Report for Septem-
ber,, 1993.
6. Southold Town Community Development Agency Monthly Report for September,
1993.
7. Southold Town Justice Edwards' Monthly Court Report for September, 1993.
8. Southold Town Police' Department Monthly Report for September, 1993.
9. Councilmen's Reports.
10. Supervisor's -Report.
II . PUBLIC NOTICES.
1 . Suffolk County Department of Planning in regard to Proposed IR 1348-93
approving the Settlement of Robins Island Litigation.,
2. Corp of Army Engineers, New York District application of Blue Points Com-
pany to construct a 4 foot by 100 foot fixed pier for servicing intake and outfall
pipes to be placed underneath the pier.
Ill . COMMUNICATIONS.
1 . Suffolk County Department of Civil Service in regard to a , recent payroll
submission to their department.
IV. PUBLIC HEARINGS.
1 . 8:00 P.M. , "Local Law in Relation to Parking Areas" .
OCTpBER 19, 1993 401
V. RESOLUTIONS.
SUPERVISOR HARRIS: Justice Edwards will not be with us tonight from Fishers
Island. He has some personal business, that he could not leave, and Councilwoman
Hussie will, hopefully, be joining us later. She also has a business meeting, which
drew all of her attention, as the President of the Historical Society, so we're looking
forward to seeing her in a short time period. At this time, are there any members
of the audience, that would like to address this Board on any resolution we'll be
acting upon in the next few minutes?
FRANK CARLIN : Frank Carlin. Laurel. Scott, number 18 accept the bid for Sound
Shore Excavating Corp., East Marion, New York, for supplying the Southold Town
Highway Department with what? What are they supplying them with?
SUPERVISOR HARRIS: Screened sand for ice control for the winter.
FRANK CARLIN: That should have been in there. Authorize the Town Clerk to
advertise, number 20, for bids for removal of scrap metal from the Southold Disposal
Area. Is that something new, that we're doing, or is that part of the salvage or
wasn' t this discussed before, or is this something that's going to be extra money
now,. or what? Was it included in our plan for disposal of metals?
SUPERVISOR HARRIS: No. What happened in the past was the Town, instead of
going out for bid, elected to try to get, . because of the Comptroller's Office said
you don't have to bid these materials, because they're used materials. We had in
the past tried to get the best deal for the Town, talking to various vendors, because
the scrap metal price went up and down throughout the year. We didn't want to lock
into one price, and we found that system, because of the markets right now, would
be better to have a contract in place .for a year based on the supply and demand
that exists. So, that's why we're going out now for a bid for it.
FRANK CARLIN : Number 28, accept the proposal of a engineering company, what
is that for?
SUPERVISOR HARRIS: Cameron Engineering is the engineering firm that takes care
of our solid waste management, our solid waste plant, Wastewater District Plant,
excuse me, in the Village of Greenport. We are Commisioners of that, and we have
to constantly- upgrade that plant to keep it functional.
FRANK CARLIN : See at least that explains to me what it is for. When you read
this thing', somebody, me especially, I read something I want to know what it's for,
you know. It just says, you know, leaves an opening there for solid waste.
TOWN CLERK TERRY: Scavenger waste, cesspool.
FRANK CARLIN : Number 30, advertise with regard to the Stewardship Task Force
Survey, what does that mean?
SUPERVISOR HARRIS: The Stewardship Task Force has a questionaire that presently
is going out in the mail, and the Town Board authorized them to put an advertisement
in the newspaper notifying the people when they receive it to make sure that they
fill it out, and send it back, and if they don't receive it for some reason, to contact,
I think, the Town Clerk's Office so they could recieve a copy of this questionaire,
so that they can get it answered, because it's very important that people respond
to these questions.
FRANK CARLIN: And finally item 31 and 32 to me is connected here. Reject bids
to clean-up the metal dump on Fishers Island, and then you go to 32, and you say,
authorize the Town Clerk to readvertise for bids for clean-up of metal dump on
Fishers Island. What was wrong with item 31? What happened there?
SUPERVISOR HARRIS: Thirty-one , . the proposals that came in were not what the
Town Board was looking for in reference to these bids, and they're going to reject
those, and they're going to go out again with a new bid offering, trying to clarify
exactly what work they're looking for on Fishers Island to be accomplished.
FRANK CARLIN : It's just you reject, and find somebody else. Thank you.
402 OCTOBER 19, 1993
SUPERVISOR HARRIS: Okay, at this time, if there are no other members of the
audience, that would like to address this Board on any resolutions we'll be acting
upon, we'll start with the first resolution. Councilwoman Hussie woud you like to
vote on the audit of the bills, and then a motion on the minutes, also?
COUNCILWOMAN HUSSIE: Yes.
TOWN CLERK TERRY: And the minutes, and setting the next meeting on November
9th at 4:00 P.M.?
COUNCILWOMAN HUSSIE: Yes.
SUPERVISOR HARRIS: Yes to all three. Councilwoman Hussie, would you start
with the first resolution?
1 .-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was
RESOLVED that thae Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute the National Small Business Tree
Planting Program, U.S. Small Business Administration, NYS-DEC, 1993 Grant
Payment Request in the amount of $3,500.00, all in accordance with the approval
of the Town Attorney.
1 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a contract between the Town of
Southold and Kreiger Well E Pump Corp. , Mattituck, New York, in the amount of
$6,270.00, for the installation of a well and submersible pump at the Robert W. .
Tasker Memorial Park, Peconic Lane, Peconic, all in accordance with the approval
of the Town Attorney.
2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Lizeski, seconded by Councilman Wickham, it was
RESOLVED. that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a contract between the Town of
Southold and Richard's Nursery, Inc. , Miller Place, New York, in the amount of
$11 ,543.00, for discing, finish, grading, and seeding of two (2) playing fields at
the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance with
the approval of the Town Attorney.
3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This• resolution was declared duly ADOPTED.
4.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED thst the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a contract between the Town of
Southold and Briarcliff South Shore Sprinklers, Ron Foster, Inc. , Southampton, New
York, in the amount of $4,000.00, for the installation of a lawn sprinkler system
at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance
with the approval of the Town Attorney.
4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilman ,Penny, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Mattituck Lions Club to use the following Town Roads for their annual Hallo-
ween Parade on Friday, October 29, 1993, beginning at 6:00 P.M. at the Mattituck
Fire House, and ending at the Mattituck High School, provided they file with the
Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town
of Southold as an additional insured: Pike Street, Love Lane, Westphalia Avenue,
Sound Avenue.
5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
OCTOBER 19, 1993 403
6.-Moved by. Councilman. Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1993 Budget to
cover anticipated needs and North Fork Animal Welfare League, Inc. , contract for
remainder of the year:
To:
A3310.4 Traffic Control, Contractual Expenses $ 2,000.00
A3510.4 Control of Dogs, Contractual Expenses 10,000.00
A5650.1 Off Street Parking, Personal Services 100.00
A8090.4 Environmental Control, Contractual Expenses 3,000.00
From:
A3510.2 Control of Dogs, Equipment $ 10,000.00
A9730.7 Bond Anticipation Notes, Interest 5,100.00
6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was
RESOLVED that' the Town Board of the Town of Southold hereby authorizes and
directs Town Attorney Harvey A. Arnoff to execute Certification of Municpal
Contract for Construction/Equipment Purchase, for the New York State Department
of Transportation, Airport/Aviation. Capital Grant Program, with regard to the
contract with Bourgeois & Shaw Inc. for Runway 7-25 & 12-30 Overlay (Construction)
project at Elizabeth Field Airport, Fishers Island, New York.
7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman -.Penny, .Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Senior
Planner Valerie Scopaz and Data Control Supervisor Jeanne Ruland to-attend a
meeting with Frank DeRubeis of the Town of Smithtown to view the Town's Mapping
System, on Wednesday, October 13, 1993, at 2 :00 P.M. , using a Town vehicle for
transportation.
8.-Vote of the .Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Notice to Proceed to Bourgeois &
Shaw, Inc. , Simsbury, Connecticut, the Contractor for the Elizabeth Field Airport,
Fishers Island, Runway 7-25 & 12-30 Overlay project, all in accordance with the
recommendation of the Town's consultants for the project, C&S Engineers, Liverpool,
New York.
9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1993 Budget to
appropriate proceeds from the 1993 Pension Bonds to pay the amortized amount
outstanding for the 1988 and 1989 deferred New York State and Local Employee's
Retirement System contribution:
To:
Revenues:
A5710 Serial Bond Proceeds $ 141 ,873.45
Appropriations:
A9010.8 New York State Retirement, Benefits $ 141 ,873.45
10.-Vote of the'Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
404 OCTOBER 19, 1993
II .-Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of theTown of Southold hereby authorizes the
following budget modification to the General Fund- Part Time 1993 Budget to
appropriate proceeds from the 1993 Pension Bonds to pay, the amortized amount
outstanding for 1988 and 1989 deferred New York State and Local Employee's
Retirement System and New York State and Local Police & Fire Retirement System
contributions:
To:
Revenues:
B5710 Serial Bond Proceeds $ 416,031 .91
Appropriations:
B9010.8 New York State Retirement, Benefits $ 49, 157.91
B9015.8 New York State Police Retirement, Benefits 366,874.00
11 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the Highway Fund - Whole Town 1993 Budget to
appropriate proceeds from the 1993 Pension Bonds to pay the amortized amount
outstanding for the 1988 and 1989 deferred New York State and Local Employee's
Retirement System contributions:
To:
Revenues:
DA5710 Serial Bond Proceeds $ 20,534.32
Appropriations:
DA9010.8 New York State Retirement, Benefits $ 20,534.32
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
follwoing budget modification to the Highway Fund - Part Town 1993 Budget to
appropriate proceeds from the 1993 Pension Bonds to pay the amortized amount
outstanding for the 1988,and 1989 deferrred New York State and Local Employee's
Retirement System contributions:
To:
Revenues:
DB57'l0 Serial Bond Proceeds $ 74,670.24
Appropriations:
DB9010.8 New York State Retirement, Benefits $ 74,670.24
13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the Fishers Island Ferry District 1993 Budget to
appropriate proceeds from the 1993 Pension Bonds to pay the amortized amount
outstanding for 1988 and 1989 deferred New York State and Local Employee's Retire-
ment System contributions:
To:
Revenues:
SM5710 Serial Bond Proceeds $ 24,890.08
Appropriations:
SM9010.8 New York State Retirement, Benefits $ 24,890.08
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for a Clerk for the 1993/94 Tax
Collection season for the Office of the Receiver of Taxes, at a salary of $6.35 per
hour.
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
OCTOBER 1.9, 1993 405
16.-Moved by Councilman Wickham, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M. ,
Tuesday, November 23, 1993, Southold Town Hall, Main Road, Southold, New York,
as time and place for a public hearing to obtain Citizen's Views on local needs to
be met with the 1994 Community Development Block Grant Funds.
16.=Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
117.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Akzo Salt, Inc. , Clarks Summit, Pennsylvania, for supplying the Southold Town
Highway Department with 500 tons (more or less as may be needed) of Bulk Salt
(mineral crushed rock) for snow and ice control, at a price of $37.88 per ton, all
in accordance with the bid specifications.
17.-Vote .of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Councilman Penny, seconded by Councilman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby acepts the bid of
Sound Shore Excavating Corp. , East Marion, New York, in the amount of $5.90 per
yard, for supplying the Southold Town Highway Department with 5,000 yards (more
or less as may be needed) of screened sand for ice control and highway maintenance.
18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman. Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to accept the bid and
enter into a contract with Thames Ship ard E Repair Co. , in the amount of
$23,460.00, for drydocking the MV Race Point, and accomplishing work thereon in
accordance with the bid specifications, plus the following supplemental work as may
be found necessary or required by regulatory authority after the vessel is in dry
dock: (1) Shaft removal/replacement - $1 ,800.00 per shaft; (2) Strut bearing
renewal - $1 ,800.00; (3) Sacrificial Anode renewal - $50.00 per zinc; (4) Changing
propellers - $600.00 per prop.
19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councih-aan, Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town Clerk to advertise for bids for the removal of Scrap Metal from the Southold
Town -Disposal Area, Cutchogue, for Calendar Year 1994.
20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
21 .-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Baord of the Town of Southold hereby authorizes the
following budget modification to General Fund - Whole Town 1993 Budget to
appropriate Small Business Administration Tree Planting grant:
To:
Revenues:
A3115 State Aid - Tree Grant $ 3,500.00
Appropriations:
A8560.4 Tree Committee; Contractual Expenses $ 3,500.00
I .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
406 OCTOBER. 19, 1993
22.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute Partial Payment Request No. Six &
Final to the Federal Aviation Administration, for a reimbursement with regard to
Runway 7-25 Overlay (Design) , and Runway 12-30 Overlay (Design) at Elizabeth
Field Airport, Fishers Island; and be it
FURTHER RESOLVED that Supervisor Harris be authorized and directed to execute
Partial Payment Request No. Two & Final to the New York State Department of
Transportation with regard to Runway 7-25 Overlay (Design) , and Runway 12-30
Overlay (Design) , at Elizabeth Field Airport, Fishers Island, all in accordance with
the recommendation of the Town's consultants for the project C&S Engineers, Inc.
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Notice of Proposed Construction or
Alteration to the U.S. Department of Transportation, Federal Aviation Administration,
for the construction of a temporary asphalt manufacturing plant at Elizabeth Field
Airport, . Fishers Island, to be utilitzed during the Runway 7-25 and 12-30 Overlay
project; all in accordance with the approval of the Town's consultants for the project
CSS Engineers, Inc.
23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, Southold Shore Association has made application to the Town Board of
the Town of Southold to dedicate certain roads in Southold, New York, known as
Albacore Drive, Blue Marlin Drive, and Dolphin Drive, designated on a certain map
entitled, "Map of Southold Shores", filed in the Office of the Clerk of the County
of Suffolk on August 29 , 1963 as Map Number 3853; and
WHEREAS, the Southold Town Superintendent of Highways has inspected said
highways and has advised the Town Board that he determines and orders that said
highways shall be laid out in the Town; now, therefore, be it
RESOLVED that in accordance with Section 171 of the Highway Law of the State of
New York, consent be and the same is given to the Superintendent of Highways to
make an order laying out the aforesaid highways, to consist of land described in
said application as shown on certain maps attached to said appication; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and
directed to forthwith cause the dedication, release, and deed to be recorded in the
Office of the Clerk of the County of Suffolk, New York.
24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This- resolution was declared duly ADOPTED.
25.-Moved by Councilwoman Hussie, seconded by Councilman Wickham,
----------------------------------------------
In the Matter
of
Petition of the Owners of more than one-half
of the Real Property fronting on Albacore RESOLUTION FOR STREET
Drive, Blue Marlin Drive and Dolphin Drive IMPROVEMENT
for the improvement of said roads.
---------------------------------------------
WHEREAS, a written petition dated July 20, 1992, was duly filed with this
Board requesting the permanent improvement of highways in this Town known as
Albacore Drive, Blue Marlin Drive and Dolphin Drive and described as follows:
OCTOBER 19, 1993 40-7
All that certain piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being at Southold, Town
of Southold, County of Suffolk and State of New York, known and
designated as Albacore Drive, Blue Marlin Drive and Dolphin Drive, and
bounded and described as follows:
1 . DOLPHIN DRIVE AND ALBACORE DRIVE
BEGINNING at a concrete monument marking the intersection of the
southwesterly side of Dolphin Drive with the southeasterly side of the
Main Road (N.Y. State Route 25) . Said point of beginning being 145.82
ft. northeasterly from the west boundary line of land shown on the map
of Southold Shores as measured along the southeasterly side of the Main
Road. From said point of beginning running along the southeasterly side
of the Main. Road N 51' 37' 20" E a distance of 100.00 ft. to a concrete
monument. Thence running along the northeasterly side of Albacore
Drive and bounded by lots shown on Map of Southold Shores (1) S 381
22' 40" E a distance of 126.88 ft. to a concrete monument and (2) S 63'
52' 30" E a distance of 929.17 ft. to the northerly side of Blue Marlin
Drive. Thence running along the northerly side of Blue Marlin Drive S
74' 15' 20" W a distance of 124.91 ft. to a point. Thence reversing
direction and running along the southwesterly side of Albacore Drive and
bounded by lots shown on map of Southold Shores; (1) along the arc of a
.curve with a radius 'of 19.13 . ft. and curving to the left a distance of
46.12 ft., (2) N 630 52' 30" W a distance of 785.89 ft. and (3) along
the arc of a curve with a radius of 23.65 ft. and curving to the left a
distance of 53.40 .ft. to the easterly side of Dolphin Drive. Thence
running along the easterly side of Dolphin Drive and bounded by lots
shown on Map of Southold Shores S 131 15' 00" E a distance of 470.90 ft.
to the northerly side of Blue Marlin Drive. Thence running along the
northerly side of Blue Marlin Drive S 890 15' 00" W a distance of 51 .21
ft. to the westerly side of Dolphin Drive. Thence running along the
westerly side of Dolphin Drive and bounded by lots shown on Map oT
Southold Shores (1) N 131 15' 00" W a distance of 500.00 ft. and (2) N
38' 22' 40" W a distance of 124.77 ft. to the concrete monument on the
southeasterly side of the Main Road at the point of beginning.
2. BLUE MARLIN DRIVE
Beginning .at a concrete monument at the intersection of the
northerly side of Blue Marlin Drive with the easterly side of Dolphin
Drive. From said point of beginning running along the northerly side of
Blue Marlin Drive and bounded by Map of Southold Shores (1) N 891 15'
00" E a distance of 274.05 ft. and (2) N 740 15' 20" E a distance of
367.65 ft. to a point. Thence continuing along the northerly side of
Blue Marlin Drive and bounded by the easterly end of Albacore Drive N
741 15' 20" E a distance of 124.91 ft. to the northeasterly side of
Albacore . Drive. Thence continuing along the northerly side of Blue
Marlin Drive and bounded by lots shown on Map of Southold Shores N 740
i5' 20" E a distance of about 435 ft. to the' mean high water marls of a
body of water known as Sage Basin. Thence running along the mean
high water inark of Sage Basin in a southerly direction to a point that is
100.00 ft. from the extension of the north side of Blue Marlin Drive
measured at a right angle thereto. Thence running along Lot 52 as
shown on Map of Southold Shores S 741 15' 20:' W a distance of about 120
406 OCTOBER 19, 1993
ft. to the northwesterly corner of said Lot 52. Thence running N 15' 44'
40" W a distance of 50.00 ft. to a point and thence running along the
southerly side of Blue Marlin Drive and bounded by lots shown on Map of
Southold Shores; (1) , S 740 15' 20" W a distance of 840.00 ft. to a
concrete monument, (2) S 890 15' 00" W a distance of 400.00 ft. , (3) S
760 45' 00" W a distance of 107.63 ft. Thence running along the westerly
end of Blue Marlin Drive and bounded by land shown on Map of Southold
Shores N 130 15' 00" W a distance of 100.00 ft. to the northerly side of
Blue Marlin Drive. Thence running along the northerly side of Blue
Marlin Drive and bounded by lots shown on Map of Southold Shores S 830
38' 00" E a distance of 196.39 ft. to the intersection with the westerly
side of Dolphin Drive. Thence running along the southerly end of
Ljoiphin Drive S 89' 15' 00" E a distance of 51 .21 ft. to the concrete
monument at the point of beginning.
WHEREAS, said petition was duly signed by owners of real estate owning
real estate to the extent of at least one-half of the entire frontage or
bounds on both sides. of such highway and also signed by resident owners
owning not less than one-half of the frontage owned by resident owners
residing in or along such highway; and
WHEREAS, the said petition was duly acknowledged or proved as to each
signer in the same manner as required of a deed to be recorded; and
WHEREAS, at a meeting of said Town board duly called and held on June
15, 1993, an order was duly adopted by it and entered in its minutes, reciting
the filing of such petition, the improvements proposed and the maximum
amount proposed to be expended for the improvement as stated in such
petition, to wit, the sum of $25,000.00 and specifying that the said board
would meet to consider the petition and hear all persons interested in the
subject thereof concerning the same, at the Southold Town Hall, at Southold,
in said Town, on the 13th day of July 1993, at 4:30 o'clock in the afternoon
of that day for the purpose of considering the said petition and hearing all
persons interested in the subject thereof concerning the same; and
WHEREAS, the said order, duly certified by the Town Clerk, was duly
published and posted as required by law; and
WHEREAS, a hearing was duly held by this Town Board at the place and
on the date and time hereinbefore mentioned, and at such place and time, the
said Town Board did duly consider the said petition and hear all person
interested.
NOW, THEREFORE, after such hearing and upon evidence given there at
and pursuant to the provisions of Section 200 of the Town Law of the State of
New York, it is hereby
OCTOBER 19, 1993 `t O J
RESOLVED that this board does hereby determine that it is in the public
interest to make the improvements petitioned for, to wit: The permanent
paving of the highways set forth in said petition and the construction of such
curbs, gutters, catch basins and drainage facilities as may be necessary; and
it is further
RESOLVED, that the Town's Engineer Inspector, shall prepare definite
plans and specifications and make a careful estimate of the expenses for the
performance of the work; and it is further
RESOLVED, that Anthony W. Lewandowski, shall survey said highway and
establish the lines and grades thereof and such survey and a profile of the
grade shall be filed in the Town Clerk's office; and it is further
RESOLVED, that upon the completion of the aforesaid plans, specification,
estimate of expenses, survey and profile of the grades, that the Superintendent
of Highways perform said work' by using regular highways employees and that
the cost thereof to be deemed a part of the expenses of the improvement.
25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time I need a motion to recess for one public hearing
we have for the evening.
Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that a recess be called at this time, 8:00 P.M. , for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
Reconvened at 8:05 P.M.
SUPERVISOR HARRIS: We'll go back to the regular portion of our meeting.
26.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Senior Accountant John Cushman to attend a breakfast/seminar, sponsored by
Val Stype S Sons, Inc. and Karl Washwick, CHFC, CLU, to review the health
insurance situation and what the Clinton health plan might mean to the Town, on
Tuesday, October 19, 1993, beginning at 7:30 A.M. , at the Wine Carden Restaurant,
Mattituck, all at no cost to the Town of Southold.
26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District has
considered the establishment of a 457 Deferred Compensation Plan to be made
available to all eligible employees of the Ferry District pursuant to Section 457
of the Internal Revenue Code; and
WHEREAS, it is understood by the Board of Commissioners that such a plan can
be provided at no cost to the taxpayers of the Fishers Island District; now,
therefore, be it
410 OCTOBER 19, 1993 ,
RESOLVED that the Town Board hereby authorizes the Board of Commissioners of
the Fishers Island Ferry District to go to bid in the New York State Register, and
The Long Island Traveler-Watchman, the official newspaper of the Town of Southold,
and The New London Day, for a 457 Deferred Compensation Plan.
27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
28.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of Cameron Engineering, P.C. , dated .October 4, 1993, to conduct an Engineering
Evaluation at the Southold Town Scavenger Waste Treatment Plant to determine
options available for implementation of a sedimentation chamber for removal of large
and heavy inert materials; fee to be a lump sum amount of $8,750.00, with reimburs-
able expenses at cost of such items as messenger service, express mail and administra-
tive expenses; all in accordance with the approval fo the Town Attorney.
28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Fenny, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Supervisor Harris, seconded by Councilman Lizewski, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Senior
Planner Valerie Scopaz, Director of Program Evaluation James McMahon, and
Engineering Inspector James Richter to attend a New York, State Department of Trans-
portation workshop for applicants for Transportation Enhancement funds, to be
held on Monday, October 26, 1993, at 5:00 P.M. , at Farmingdale, New York, and
the necessary expenses to travel, using a Town vehicle, shall be a_ legal charge
against the 1993 Budget.
29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Stewardship Task Force to place an advertisement in The Long Island Traveler-
Watchman, and. The Suffolk Times, notifying Town of Southold residents that the
1993 Official Citizens Survey has been mailed to them, and if they do not receive
one they should call the Town Clerk's Office, and a survey will be mailed to them
by that office.
30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
31 .-Moved by Councilman Lizewski, seconded by Councilman .Penny, it was
RESOLVED that the Town Baord of the Town of Southold hereby rejects the two (2)
bids received for the clean-up and restoration of the metal dump on Fishers Island:
Falvey Construction Corp. , Killingworth, Connecticut, and New England Landscape
& Fence, Inc., Ledyard, Connecticut.
31 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to readvertise for bids for the clean-up and restoration of
the metal dump at Fishers Island, all in accordance with the revised bid specifi-
cations.
32.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Would the Board like to act on the Local Law, that we just
had a pubic hearing on?
OCTOBER 19, 1993 411
33.-Moved by Councilman Penny, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of Southold, on the
5th of October, 1993, a Local Law No. 24 - 1993 entitled, "A Local Law in Relation
to Parking Areas"; and
WHEREAS, a public hearing was held on this Local Law on the. 19th day of October,
1993, at which time all interested persons were given an opportunity to be heard;
now, therefore, be it
RESOLVED that the Town Board hereby enacts Local Law No. 24 - 1993, which reads
as follows:
LOCAL LAW NO. 24 - 1993
A Local 'Law in Relation to Parking Areas
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I . Chapter 65 (Parking At Beaches) of the Code of the Town of Southold is
hereby amended by added the following :
(17) Bailie Beach Road, Mattituck, from the guardrail at the
northerly terminus southerly for a distance of five hundred
(500) feet.
II . This Local Local Law shall take effect upon its filing with the Secretary of
State.
33.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham, Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: That ends the regular business for the evening. At this
time, before we proceed to adjourn, is there any members of the audience, that
would like to address this Board on any Town business? Ma'am, I know you have
a question, so this is the opportune time to do such.
EDNA POLYN : Edna Polyn. Mattituck. I really don't need this. I taught school
for 28 years, and I can project. That is a user's fee we are paying for the use
of that garbage bag, is it not?
SUPERVISOR HARRIS: In respect, yes.
EDNA POLYN : It's not a tax?
SUPERVISOR HARRIS: That's right.
EDNA POLYN : We have several brochures, that indicated that there would be a 15
gallon, a 33 gallon, and a 40 gallon bag. Now, our trash cans, the ones we use at
any rate, are about 33 gallons, and the 33 gallons we assumed would fit it. We
bought one, and tried to put it in, and it didn't half way fill it. That's when I
called you. That disturbed me, because all of sudden you said the manufacturer
had made a mistake, and it was 10, 15, 20.
SUPERVISOR HARRIS: Ten, twenty and thirty is the way it should have been
advertised.
EDNA POLYN : Ten, twenty and thirty, however, the difference between 20 and
33 gallons, I paid $1 .50, but that is 13 gallons. That's an awful lot of gallons.
SUPERVISOR HARRIS: It doesn't go by gallons. We did it by weight.
EDNA POLYN : How do you do these bags by weight?
SUPERVISOR HARRIS: The bags are done average what could go into a bag weight-
wise, what an individual could place in them.
EDNA POLYN : It's what fits into them. If you say 33 gallons, they should fit in
my trash can, and they don't.
SUPERVISOR HARRIS: We corrected that already, as I said to you I think on the
phone. We have passed a resolution. They're ten, twenty and thirty. However,
Councilwoman Hussie certainly would like to elaborate on this, would you, Council-
woman?
412 OCTOBER 19, 1993 '
COUNCILWOMAN HUSSIE: Well, there nothing new, is there, under the sun? Mrs.
Polyn, the bags that are designated, or rated by the bag company that we bought
them from did say 33 gallons for that middle size bag, that you purchased. The
problem lies in the fact that the linear dimensions are different then some others.
They had different linear dimensions.
EDNA POLYN : But, they don't hold thirty-three gallons.
COUNCILWOMAN HUSSIE: You mean it doesn't fit in your thirty-three. .
EDNA POLYN : How can that hold thirty pounds? Are you going to weight each
bag?
COUNCILWOMAN HUSSIE: The weight of the bags was averaged out. We used
Shelter Island's experience. They weighed bards for two weeks. There are three
different kinds of bags, and they came out with the knowledge that their largest
bag, which is the same size as our largest bag, held an average of 62 pounds. That's
how much garbage people put in the bag, sixty-two pounds. The bag itself is rated
to hold 75 pounds before it breaks.
EDNA POLYN : This leaves a very bad taste in my mouth, because I have a great
deal of respect for my Town Board, and I expect to be treated honestly, and openly,
and when I bought this,' and then I called your office, and you said it was 10, 20,
and 30 gallons. Then I called Miss Hussie, and she said,-. no, it was 10, 20, and 30
pounds. There's a difference. Now, in the last couple of times the article read that
there is going to be an overage.
COUNCILWOMAN HUSSIE: Yes.
EDNA POLYN : At least $90.00 per ton, and it quoted you as saying that would fie put
into a separate taxable fund for the land dump, but this is not a tax. This is a
user's fee. How can that excess go into a tax fund?
COUNCILWOMAN HUSSIE: I don't know where $90.00 came from.
EDNA POLYN : It was right in the Suffolk Times.
COUNCILWOMAN HUSSIE: Sometimes the newspapers have problems in their printing.
There's no way it would be $90.00 a ton. It could not be, and you referred before
to the reduction of the landfill permit. That's one of the things that we are looking
into, because we do have a little bit of an overage, not a great amount.
EDNA POLYN : But, still that should not come from the bags, because a user's fee
is one thing, and tax is something else, and that disturbs me. I'm quite willing
to buy these bags. I've been informed of all those rules and regulation for thirty-
three years, and I have no objection to it. I think Mattituck is a gorgeous town,
and I'd like to keep it that way, however, I don't feel that I'm being treated openly.
I said I feel there's a great deal of dissemination about the amounts, the cost, where
the excess funds are doing to. Is there going to be an audit? Who is going to do
all this auditing?
COUNCILWOMAN HUSSIE: The Town Comptroller will be taking care of that. Mrs.
Polyn, I knew that you'd be here this evening, and I rushed from my other meeting,
so that I could be here. I have my whole bag file. I would like to go over with
you, and Mr. Polyn, the dimensions (tape change)
SUPERVISOR HARRIS: We corrected that right away within a few days.
EDNA POLYN : After I called.
SUPERVISOR HARRIS: No, we corrected it before that. The first day it was brought
to our attention. It did not fit into a 32 gallon trash can, as people had, and we
corrected the resolution at that point, and Councilwoman Hussie has also since that
time, the first day, contacted the manufacturer of the bags, and since that time is
looking now towards another bag, which we'll be receiving in the future, a medium
size bag, which will have the right dimensions across the top, not deep, but across
the top, so it- will fit over a 32 gallon trash can supposedly. Now, that's what the
manufacturer says. As soon as we receive the first bags from this manufacturer,
we're going to open one up, obviously, to see if it fits that certain gallonage of trash
pails. If it does, we're all set. If not we'll send them back, and we'll get the proper
bags.
OCTOBER 19, 1993 413
EDNA POLYN : Where did Shelter Island get their bags from?
SUPERVISOR HARRIS: The same company.
EDNA POLYN : That makes ours?
SUPERVISOR HARRIS : Yes.
EDNA POLYN : I have no idea how long they will last. They don't look very durable.
The part in the paper said that this excess fund could be used to set up a permanent
transfer section, the excess money that is being taken out of these bags.
COUNCILWOMAN HUSSIE: The point is, Mrs. Polyn, that whatever excess, if there
is excess. money from the sale of bags, is going to remain in the Solid Waste District
funds, so to speak.
EDNA POLYN : But, it's being called a tax then?
COUNCILWOMAN HUSSIE: No.
EDNA POLYN : That's what it said in the paper. I read it correctly.
COUNCILWOMAN HUSSIE: I'm not saying that you didn't read it correctly. I'm say-
ing that perhaps it was written incorrectly.
EDNA POLYN : Then you should ask. them for a„ retraction, because it bothers me.
COUNCILWOMAN HUSSIE: These numbers have been making a lot of commotion, and
creating a lot of disturbance. People are quite perplexed.
EDNA POLYN : I'm amazed there are so few people here today. I had heard so many
complaints, when you went to the dump, etc. , everybody there, and it seems that
I'm the only one.
SUPERVISOR HARRIS: The word that we're getting is it's at least two to one in
favor, if not more right now, of the bag system.
EDNA PO'L'YN : Thank you very much.
SUPERVISOR HARRIS: Anybody else at this time? Mr. Carlin?
FRANK CARLIN : Frank. Carlin. Laurel. This morning I attended Ace's funeral.
I want to tell you it was mighty sad, because I love animals. Where you there?
SUPERVISOR HARRIS: No, but I was trying to get there. I had a Town Board Work
Session.
FRANK CARLIN : Anybody there from the Town?
SUPERVISOR. HARRIS: Yes. I had the Chief of Police there, and other personnel.
FRANK CARLIN: I mean the Board.
SUPERVISOR HARRIS: We had a Work Session here today, a Town Board meeting.
FRANK CARLIN : Then nobody at all. You don't have a Deputy Supervisor, or some-
body to represent the Town at something like that to show their respect.
SUPERVISOR HARRIS: I had the Chief of Police there, Mr. Carlin.
FRANK CARLIN : But that's not you.
SUPERVISOR HARRIS: That's representing me. I asked him to go on my behalf.
FRANK CARLIN : You know I had no business going either, but I went there to
show my respect to the animal, but I'll drop it there. I won't go any further with
it. I thought we come out with this bag system, Councilwoman Hussie, this is your
question, because this seems to be your baby.
COUNCILWOMAN HUSSIE: It's my bag.
414 OCTOBER 19, 1993
FRANK CARLIN : Your bag, one of the two. That we're either going to have a
Southold logo on it, or a Southold seal on the bag. Now, I understand you didn't
have time to get them put on yet, but we ordered $7,000.00 worth of bags, which
is a lot of bags. Now, you can't tell me that somewhere's in this country you can't
buy a bag that color. So, you're leaving yourself open, and you know what I'm
talking about.
COUNCILWOMAN HUSSIE: Cheating.
FRANK CARLIN : Right, and I don't think there's nobody in this town that will do
that, but you're still leaving open. Food for thought, right? Am I right?
COUNCILWOMAN HUSSIE: Of course.
FRANK CARLIN; Thank you. This is one problem for Mr. Harris, Supervisor Harris.
You said. .made a statement I took three straw polls at public meetings, or Town
Board meetings, and the people were in favor of paying by the bag. Well, you can't
take the percentage of people at Town Board meetings and use that, or even mention
them, as a guide to determine if they're pay by the bag, or by their taxes, because
as of now you've only got twenty-five people here. You can't compare 25 people
with 20,000.
SUPERVISOR HARRIS: Mr. Carlin, the statement that was made, there were three
informational hearings held by the Solid Waste Task Force, not at Town Board
meetings. I can't help what was printed if it said Town Board meetings. It's Solid
Waste Task Force meetings. Those meetings an informal poll was taken after the
duration of those meetings by those individuals who attended, and that's what the
results were.
FRANK CARLIN : Well, this is something that you sent out. I don't want to get in
a campaign here now, but it's something that you sent out- there, and you said in
here that three separate straw polls at public meetings.
SUPERVISOR HARRIS: At public meetings, that's correct. That's right.
FRANK CARLIN : That the residents favor a user fee system.
SUPERVISOR HARRIS: That's correct. They were public meetings. That's exactly
what they were.
FRANK CARLIN : So, why do you even take that into consideration?
SUPERVISOR HARRIS: That's how the Task Force, Mr. Carlin, made the determina-
tion to make the recommendation to the Town Board, based on those informal polls.
FRANK CARLIN : Now, are going to put this on the November ballot, as a referendum?
SUPERVISOR HARRIS: That can't be done.
FRANK CARLIN : It says right here.
SUPERVISOR HARRIS: That can't be done. We discussed that a number of weeks
ago.
FRANK CARLIN : Then this is wrong. It doesn't belong on here then.
SUPERVISOR HARRIS: A the time when that was printed we were pursuing putting
it on the referendum. The State would not allow us to put it on.
FRANK CARLIN : You give the people wrong information. I'm sorry.
COUNCILMAN WICKHAM. I'd just like to comment. There's lots more wrong informa-
tion.
SUPERVISOR HARRIS: Tom, I'm sorry. Tom, I'm not going to accept that. Keep
your campaign out of Town Hall.
OCTOBER 19, 1993 `t 1
FRANK CARLIN : I'm going to keep this as clean as I can without getting campaign.
I don't want to be accused of that anymore. I think Councilwoman Hussie, and I
think Councilman George Penny once said, or said at last Board meeting, that they
can either pay by the bag system, or you can use the scale, and pay by the weight.
Use the Town scale. Go through the scalehouse. What did you say?
COUNCILMAN PENNY: Commercial people have the option. It .is in the Code. Com-
mercial people, commercial pickup has the option. Residential does not.
FRANK CARLIN : So, we got to use the bag system?
COUNCILMAN PENNY: That's correct.
FRANK CARLIN : Oh, incidently it doesn't make any difference to me, if we use the
bag system, or it goes in my taxes. Whatever the people in Suuthold Town want,
I'd go along with that. It' doesn't matter to me. That's not my question. Council-
woman Hussie, can you tell me roughly how many tons of garbage we use that's always
up in the Landfill a year?
COUNCILWOMAN HUSSIE: We generated in 1993 almost 15,000 tons.
FRANK CARLIN: Fifteen thousand tons. Okay. Now, I believe we got the contract
to cart this garbage away at $59.48. Am I right on that?
COUNCILWOMAN HUSSIE: Right:,
FRANK CARLIN: Well, if you take 15,000 tons at $59.46 that's going to cost us
about $900,000.00, $892,200.00, but I'll say $900,000.00. Okay, now, Supervisor Harris
says in his report in the newspaper about our taxes, and our budget taxes this year,
that anticipates 2..2 million dollars in revenues from the sale of the garbage bags,
tipping fees for commercial garbage, and landclearing debris. Right?
SUPERVISOR HARRIS: I think what that article is referring to is what the district
budget is for the Solid Waste District for 1994.
FRANK CARLIN : You said you anticipate that much from this program you got here
now, with the garbage bags, and that.. What you said, I got it right here in the
paper, Scott.
SUPERVISOR HARRIS: That's what the budget for the Solid Waste District is for
1994.
FRANK CARLIN : No, that's what you said in here, and I can prove it to you in
the writing in the paper here. Do you want me to read it to you?
SUPERVISOR HARRIS: Frank, I'm not going to be responsible for what's in the
paper. All I'm telling you. .
FRANK CARLIN: All of sudden it's not what's in the paper. . .
SUPERVISOR HARRIS: Mr. Carlin, you asked me a question, sir.
FRANK CARLIN : If I was a newspaper, I'd be getting on you.
SUPERVISOR HARRIS: Fine, let them. Mr. Carlin, I ask you, please, you asked
a question, I'm responding. The Solid Waste District budget is about 2.4 million.
That's what the budget is for the Solid Waste District for the year.
FRANK CARLIN : I'll continue on what I'm trying to prove to you. Alright, so you
got $900,000.00 if you use 15,000 tons a year. You go that. That's not including
your user fees, your scale fees; your appliance fees, or whatever. So, if it is 2.2
million dollars more or less, where was the other money going to? If you're already
paying. .it's only going to cost you $900,000.00 to. .Now, you say Mrs. Hussie before
you say something, now, please, you said the last time, well, we got to charge a
$25.00 permit fee to compensate for trucking of the garbage out of town. Now, if
it's only going to cost us $900,000.00, why do we need to charge the $25.00 for,
when we're going to make it up in user fees? We'll have enough to pay for that.
416 OCTOBER 19, 1993
SUPERVISOR HARRIS: Mr. Carlin, I'll answer for Councilwoman Hussie for one
minute. The $25.00 fee, that has been in place, is for the operation and maintenance
of the Landfill itself. It has nothing to do with the disposal of solid waste outside
of the boundaries of our town.
FRANK CARLIN : Scott, we pay a tax for the support of that landfill, don't we?
Don't we?
SUPERVISOR HARRIS: Yes, taxes and user fees, both. That's a correct statement.
FRANK CARLIN : You're feeing the people to death.
SUPERVISOR HARRIS: That fee has been in place, Mr. Carlin, for a number of
yca rs.
FRANK CARLIN : Why can't it be changed?
SUPERVISOR HARRIS: Mr. Carlin, please, I'm trying to answer you. It was pro-
posed today at a Work Session by Councilwoman Hussie, and I will let her explain
to reduce those user fees for the 1994 fiscal year. Councilwoman Hussie?
COUNCILWOMAN HUSSIE: Mr. Carlin, some of your numbers, that you quoted are
correct. Roughly $900,000.00 for itippina.
FRANK, CARLIN : Not for tipping. For carting the garbage out of town. That's
what it cost the town to pay the contractor, so let's put that right there on that
one level.
COUNCILWOMAN HUSSIE: Same thing, different words, but that's what I'm talking
about, getting rid of it. There is also a cost, that the Town has for the bags them-
selves, which calculating it roughly will .be about $96,000.00 to buy the bags them-
selves. So, we're up to $996,000.00. Now, when we set the prices we rounded the
numbers out to the nearest five cent mark, and that gave us an overage of .0025
more than that what we were taking in per pound, than we were paying out. That
amount comes to about $75,000.00 based on 15,000 tons, and so, because of two
reasons, one to equalize things, I suggested to the Board today, that we reduce
that $25.00 sticker fee, which is also a user fee, to $5.00, which would be fine.
It would be made up by the difference by the overage on: the bags, and the number
of user fees, the number of sticker fees, that ,we had, 5,000 of them times $5.00
would be the other $25,000.00 which is just about the same amount that we've been
taking in from the permits. So, we didn't enact that today, because we do have
to talk to Mr. Cushman and do some other work on it, but I wanted to let it go before
the Board to get a general feeling of how they "felt about it. Now, we're going down
to the hard numbers. Again, the permit for the landfill is also a user fee. Everybody
doesn't take their garbage down to the landfill. The bags are user fees, too.
FRANK CARLIN : I know that, but if you want to go over the scale to take some-
thing else, you still have that permit.
COUNCILWOMAN HUSSIE: That's right.
FRANK CARLIN : So, you're not escaping the permit. if you don't even use the bag
system. If you go over the scale you still need the permit, so you need the permit
than no matter what you do.
COUNCILWOMAN HUSSIE: We're hoping to make it $5.00. ,
FRANK CARLIN : What I'm trying to say is, it's only going to cost us $900,000.00
to ship this garbage out, and that's not including our income from the scale, if you
go over, or the commercial garbage, what the carters pay, we take in applicances,
plus the $25.00 permit we have abundant -. surplus of money here in my mathamatics.
COUNCILWOMAN HUSSIE: The 15,000 tons includes everything that goes over the
scale, and everything that you and I dump in the bins there.
FRANK CARLIN : That was considered garbage, as far as I was told. It was con-
sider garbage, not what goes over. . that's gabage. Garbage is garbage that you're
going to truck out of town. Right? Isn't that what you're saying.
OCTOBER 19, 1993 417
COUNCILWOMAN HUSSIE: Yes, but it also includes rubbish, such as mattresses
and that sort of thing.
FRANK CARLIN : Mattresses is not considered garbage in my consideration.
SUPERVISOR HARRIS: It is. It has to be removed.
FRANK CARLIN : Garbage, mattresses is something else.
SUPERVISOR HARRIS: It all has to be removed. That's all part of the contract.
FRANK CARLIN : It's in the 15 ton, right?
SUPERVISOR HARRIS: It's 15,000.
FRANK CARLIN: This what I'm talking about, still saying 15 ton. Let's not try
word this with 15 ton.
SUPERVISOR HARRIS: 15,000.
FRANK CARLIN : 15,000 ton, which is 90,000 pounds a day, when you break it down.
That's a lot of garbage a day, 41 tons a day. I can't see the user fee, I'm telling
you, and give you better, Councilwoman Hussie, at least try to bring it down to
$5.00, at least that's starting to make some sense to me, better $5.00, than it is
paying .$25.00, because' you know -all this little. bit of extra counts, especially senior
citizens now. This year they're get a 2.6% raise, and out of that come $4.50 for
Medicare, so they end up with practically no kind of a raise. All of these little things
add up to these people, that are on fixed incomes, who only have Social Security,
and no other kind of income. There are people on Social Security that are making
$600.00 or $700.00 on income only, and they have to pay their taxes, they have to
buy their food, and they have to pay their bills on it. So, this that can help them
means something. $25.00 here, or $5.00, or $25.00 means something to them. This
is what I'm trying to get across here. I can't see the $25.00 because you're not
going to go bankrupt the way you're going to have this.
SUPERVISOR HARRIS: Mr. Carlin, can I ask you to continue your dialogue with
Councilwoman Hussie, after the meeting. I'm sure she'll be able to answer any other
questions you have in reference to that.
FRANK CARLIN : Scott, when things get too hot you want to forward it. Things
are getting too fiat.
SUPERVISOR HARRIS: There may be other people that would like to speak, Mr.
Carlin.
FRANK CARLIN: Let me add one more question before I go. How come Southold
Town Police Department never had a canine system?
SUPERVISOR• HARRIS: Because we don't foresee the need for one at the immediate
time. We have availibility of Suffolk County Canine, which we pay taxes into. We,
also, have availibility of the Sheriff's Office. We, also, have availibility of Riverhead,
obviously, for assistance.
FRANK CARLIN: What you're saying is there's no reason for them, because you
don't have crime here, right, between Southold and Greenport?
SUPERVISOR HARRIS: No, there availibility of those units already, and why dupli-
cate other services, that already exist.
FRANK CARLIN : I see. I wanted you to know that a canine dog cost $10,000; and
they're Federal funded. So, that's funded by the government to have a canine dog.
It doesn't come out of the Town's pocket. Thanks for cutting me off. I can under-
stand why. I'd like to debate you all open house, no time limits. I'd really like to
on any issue you want, .and forget this time limit, and this microphone. Come on,
let's go on television.
SUPERVISOR HARRIS: Thank you, Mr. Carlin. Is there anybody else at this time,
that would like to address the Board on any Town issue?
4 1 8 OCTOBER 19, 1993
ANN LOWRY: Good evening. I'm Ann Lowry, President of the North Fork Environ-
mental Council. I'd like to ask for a change in the Code about burning. I'd like
to ask that all burning in Southold Town be prohibited. I was looking in the Code,
and I believe there hasn't been any change in this since 1976. I'd like to read this
little part of it. It says, no person shall set fire to, or burn, or cause to have
set fire to, or burn, any waste paper, rubbish, and I didn't know that included
mattresses by the way, rubbish, or other inflamable matter or materials outdoors
within the limits of the Town of Southold within 25 feet of any building. Such matter
may be fired, and burned in safe and private places, at least 25 feet from any
building only when it is burned, or set fire to in a metal can, masonary incinerator,
or receptacle made of wire, and completely covered with a top, self-constructed as
to keep pieces of materials from blowing away. I have -seen. our concern comes at
this point because the change in the landfill, and the ga-rbage collections. We're
afraid that there will be a proliferation of thiE kind of backyard burning . I have
a ad here from the Suffolk Times. It says 55 aallon trash burning barrels with
removable covers, and it gives phone numbers, and 1 see this. I have heard that
there has been advertisements from Agway also, containers for burning. We think
this is bad for the air out here, and we would like to ask, again, that this Code
change prohibit all burning in Southold Town. Thank you.
SUPERVLSOR HARRIS: Thank you.
LINDA LEVY: Linda Levy. North Fork Environmental Council. I wanted just to
bring up two points with you tonight. They're kind of related, because they both
have to do with open space. One is Robins Island, and one is for Corchaug, and
I have 'to admit sometimes I feel like a broken record, especially on such as Robins
Island. I have spoken to this Board about it. I speak to County Legislature about
it, and it continues to haunt my dreams I guess. In the past this Board has passed
many resolutions, sometime two or three times a year, on the desire to preserve
Robins Island in it's entirety, and we at the NFEC really do appreciate the fact that
the Town Board has gone on record so many times in support of this, but at this
point I have to say I kind of like to see you go a little bit beyond passing a resolu-
tions, because there's some specific actions that could be taken, and right now the
way things are happening with the Legislature, and the State, we could really use
the help of the Town Board, and in particular the Supervisor of Southold in moving
things forward in negotiations with, both between the County and the owners of
Robins Island, and also, between County and the Governor. As you probably are
aware the Governor did announce that he was willing to participate in a joint pur-
chase of the island with the County, and that the State would be willing to put up
half of the money. Among the actions, that I'm thinking that you guys could take
is, for example, a phone call, and/or letters to the Governor's Office, stating that
the Town Board of Southold, and the Supervisor of the Town of Southold, are in
support of this concept, and that you would work with the Governor, or with the
County Executive, or with both to help move this negotiation forward. The reason
that I think that's it's very crucial that our Town make itself known about this is
because we all know that we are going to be impacted more than any other place
in the entire County of Suffolk, and now in the entire State of New York, if Robins
Island is developed, or Robins Island is not developed, and sometimes we are given
the impression when we're down at the County Legislature that they don't take us
as seriously as them might, because they don't hear a really strong voice coming
from our elected officials, and that's why I'm coming to you tonight, because as our
elected officials we would really like to see a little bit more active support for the
purchase of Robins Island by the County and the State together. The negotiations
are continuing right now for the development plan which allow for the development
of 22 houses on the island. The County Executive has said that this is to preserve
920 of the island, and this is not true, because what they're going to be doing in
this development plan is to divide the island 50-50. Fifty percent of the island goes
into the hands of private developer to sell into 10 sites, that would be privately
owned. The other 50o would be undeveloped, and in control of the homeowner's
association made of the 22 people who .buy the 10 acre lots on the rest of the island.
So, there would be no public access to the island, no way to. you can't say that
this is preserving the island. It's putting the island into the hands of a very elite
group of people, people that can afford to buy ten acres lots. Right tomorrow at
the CEQ in Hauppauge there will be a meeting to discuss whether or not this develop-
ment plan requires a full SEQR Review. This is another area in which once again,
we may hear from our Town Board, our elected officials, they take it to heart. I
have spoken to people on the CEQ myself, and they had said that a letter from our
OCTOBER 15, 1993 419*
Town Board, a letter from our Town Supervisor, would carry weight even thougn
you may not have a vote, as our CAC _does have a vote on this issue that comes
before the CEQ. But, even though you don't have a vote per sec, the fact that you
would be on record supporting the concept of a SEQR Review of any development
plan is very important. So, that's why I'm here to talk to you about Robins Island,
again, because I feel like at this point we need you to do a little bit more than pass
a resolution. On the other subject, Fort Corchaug, we're concerned because, again,
as you know, Mr. Baxter has come to the Planning Board with a development plan
for the Fort Corchaug property. Now, . we're aware that there is some litigation out-
standing on this property, but we're also aware that the fact that there is outstanding
litigation on Robins Island didn't stop Mr. Gaffney from negotiating some kind of
settlement with the owners of Robins Island, and we don't really feel that the fact
that this outstanding litigation is a reason to not enter into some kind of negotiations
for settlement with Mr. Baxter. We would like to know why nothing has happened
on this since the time that Mr. Baxter did come in to the Open Space Committee,
and they then brought it to the Town Board on his latest proposal to sell off a
portion of his space to the Town for the million dollars that has already been voted
to make this purchase. I'm not saying here and now, that the NFEC supports the
purchase of this small portion of his property for a million dollars, but I was wonder-
ing why nothing has happened on that,and whether or not the Town Board is planning
to take any actions on that, or at least have some communication regarding the
possible .purchase of some portion of Fort Corchaug. In addition, we were told that
the County Legislature that they're still open to talking about participating with the
Town of Southold in the purchase of the Fort Corchaug site, that the disagreement
was over how much the property was worth, and that if they were to hear from the
Town of Southold that there was still interest, that they would reopen negotiations
with purchasing the Fort Corchaug propperty, so, again, what we're looking for
is more direct action on your part in dealing with the County., and trying to get
some money loosened up from the County towards the purchase of Fort Corchaug
in combination with the million dollars that we- already have here in the Town to
make this purchase. Thank you.
SUPERVISOR HARRIS: Thank you, Linda. Matt?
ASSISTANT TOWN ATTORNEY KIERNAN : Linda, if I could just respond to that?
I think this Town Board was on record as supporting the acquisition of Fort' Cor-
chaug, and at the time the deal went sour. I believe everyone would agree that
the County was the one who pulled the rug out from under the deal,. and as a
result Mr. Baxter commenced litigation. He was unsuccessful in the lower court,
and he has now filed an appeal in the Appellate Division. That appeal is still pend-
ing. I don't think it's in anyone's best interest to discuss a settlement at this point
in an open forum. Mr. Baxter's attorney has our number. He can certainly call us,
and initiate settlement negotiations. This Town Board has never expressed that
they're unwilling to renegotiate, or to open up negotiations, again, but I don't think
it's going to solve the problem to negotiate the deal through the newspapers, or
through various committees, or environmental groups. It's in the courts right now.
It's unfortunate that litigation had to be commenced, but that's the situation that
we're facing now. If there's going to be a solution I suggest that the attorneys
be contacted and the parties sit down, and have meaningful discussions.
SUPERVISOR HARRIS: Thank you, Matt. Is there anybody else that would like to
speak at this time, that has not spoken yet?
LINDA FLETCHER: Good evening. My name is Linda Fletcher, and I live in New
Suffolk, and I really have a question for you, Supervisor Harris, regarding state-
ments that have made for the past three years, since 1990, and I have a statement
here from January of '92, and as recently as last week, regarding legislation in the
Town that would prohibit fast food restaurants from coming in, and three years ago
you mentioned that you were going to look into this, and do something about trying
to draft some legislation to do that, and it's three years now, and nothing's happened,
and I'd love to know why.
SUPERVISOR HARRIS: Well, a lot of things have happened, Mrs. Fletcher, and I'll
turn that over to the Town Attorney again to explain.
LINDA FLETCHER: I'd like to ask you. You're the one that made the statement.
SUPERVISOR HARRIS: Pm turning this over to the Town Attorney who has been
working on this on behalf of the town. Mr. Kiernan?
420 OCTOBER 19, 1993 ,
ASSISTANT TOWN ATTORNEY KIERNAN : Linda, I think what Scott is referring
to is the Supervisor is on record as asking the Town Attorney's Office to draft the
appropriate legislation to zone out fast food restaurants in the town, and Mr. Arnoff
attempted to do that, and he discovered in the course of his research, and his working
on the topic, that he ran into constitutional problems. It's unfortunate that Mr.
Arnoff is not here to discuss this. Of course, as you know, he's available, and you
could certainly speak to him at any time. I think the problems that Harvey ran into
was how do you differentiate between other fast food restuarants that may exist in
town now, and how to come up with a workable definition of a fast food restaurant.
I think the main concern that we heard at that time was how to zone out really drive
through restaurants, and not technically fast food restaurants. In looking at that,
Harvey expressed the concern that you may have drive-through windows with banks,
and how do you treat the two of them differently, and would the Town be subject
to attack if it endeavored to do that. So, let me suggest that- you contact Mr. Arnoff
either here, or in his office in Riverhead. and I'm sure hie"I be glad to give you
an appointment, and go over your concerns with you.
LINDA FLETCHER: They've done in California. They've done in Ashland, Oregon,
and I want to know why we can't do it here. I'm tired of hearing about unconstitu-
tionality. If other places can find the will to do it, why can't we?
ASSISTANT TOWN ATTORNEY KIERNAN : Linda, I suggest. .
LINDA FLETCHER: Let me finish, please. There are petitions in the ZBA, and in
the Planning Board this thick of people who don't want this kind of development in
this town, and for three years nothing has happened. Status quo.
ASSISTANT TOWN ATTORNEY KIERNAN : I think you'll find support on that from
the Town Board as well. I think the problem came across in the research that Mr.
Arnoff has done. If you're sincere in your belief that you'd like this zoned out of
the town, and you'd like to know the reason why it hasn't been, I suggest you
contact Mr. Arnoff, and get an appointment with him. I don't think this answer
lies on this Town Board.
LINDA FLETCHER: When we've been told that this is what is going to be done,
that he was going to look into this, and have legislation ,drafted. .
SUPERVISOR HARRIS: It has been,, Mrs. Fletcher.
LINDA FLETCHER: You've drafted nothing.
SUPERVISOR HARRIS: It's been looked into, Mrs. Fletcher. I'm sorry you don't
accept the answer. The Town Attorney gave you a very good answer tonight. You
have the opportunity to talk to the Town Attorney. Please do so.
LINDA FLETCHER: I will.
SUPERVISOR HARRIS: Is there anyone else at this time before we adjourn?
VIRGINIA MOORE: My name is Virginia Moore. I live in Southold, not far from
Hommel's Pond. As you all know Hommel's Pond is up for sale. It's several pieces,
and I did have the particulars on it, but I know longer do. I was very pleased to
see in a springtime issue of the paper, that Supervisor Harris was in favor of the
Town buying Hommel Pond. I had to leave town for several months, and I'm only
recently returned, and I .wonder what the statis of that is. You know how important
it is to whole town as a ice skating rink in the winter, and a fishing pond in the
summer.
SUPERVISOR HARRIS: The Town Attorney was in contact with the owners of that
property. No negotiations have started yet. We're waiting for the attorney on their
side to get in contact with our attorney, so we can look into the possible purchase
of it. There was a parcel also. to be dedicated to the town, that was adjacent to
that in reference to I think a parcel that was just developed, or subdivided, and
so at the time they were going. to donate or designate that parcel to the Town of
Southold. It was also brought up about why not include -it with Hommel Pond as a
possible acquisition also, and we are still pursuing that with the open space money
that we have available.
OCTOBER 19, 1993 4 2 1
PHIL VANBOURGONDIEN : Phil VanBourgondien. Southold. Good evening, ladies
and gentlemen. I was pleased to note tonight the mention that you made about the
Police dog, and I was very, very upset when I read about what happened through
the, the word doesn't come to me, but upset when I read what happened to one of
the senior citizens recently as a result of the ticket. I have no fault to find with
most of the Police Department in the Town of Southold. We have some very fine
Officers. They're friendly. They're courteous. They're helpful, and then we have
the other kind, and that's the ones that disturb me the most. You can say if want
tonight, and I would expect that that might come from the Board, that, well, you
know they're fulfilling their role of the laws. They are seeing that the laws are
upheld. I know, and you know, we all know, that the laws of the Town of Southold,
and every town and village, are bent seven days a week. They're bent. Just two
weeks ago a retired law enforcement officer stood right here, and had a complaint
about the very same thing. That in a small Police 'Department there's too much
family, and friends, -and good old boy, going on, and that's why nothing got done
in his neighborhood, and before you were born, just about everybody there, I lived
under a village police department, and it was good one, and it worked well, and
for some reason or other the people chose to Suffolk County Police Department.
Mistake, major mistake, the biggest mistake of their life. For the past eighteen years
I have lived here in the Town of Southold with the Town departmnet, and it's nice
to see that it works, but it could work a lot better. In my dealings with the employees
here in the Town Hall, I find nothing but the best of service, courtesy, friendly,
and informative, and many of the Police are that way, and particularly Pete Grattan,
who is up here on the Main Street on weekends. That man is an asset to you, and
me, -as taxpayers in this town, He does more to cultivate friendship, and then you
get a piece in the paper a week ago, or two weeks ago, that you have no idea, I
don't think any of you how disturbed the taxpayers are in the Town about that
particular case, and I think that maybe there's room for possibly educating the Police
Department into how to be more aware of who's paying their salaries. They got a
nice contract not long ago, a real nice contract, at a time when everybody else is
biting the bullet, and are they doing anything more for that, than they've done?
Boy, it sure doesn't look it with this last affair. It's terrible. It's stands some
instruction in diplomacy, judgement, and common sense, and I'm talking about the
ones that aren't at the top of the force. Thank you.
SUPERVISOR HARRIS: Thank you, Mr. VanBourgondien. Mr. Carlin.
FRANK CARLIN : Frank Carlin. Thinking on what this gentleman was just saying
here, when you do these checks, I guess they do them in other places, but they
do them right by my house, right in front of my house, when they stop people for
safety belts, and I got one thing against Southold Police Department. I think they're
doing a good job, but to me if you're going to stop, stop everyone. What I'm saying
is, how they do this, and I sat outside my stand, and I watched them. I watched
them for two, or three hours, 'doing this. They come there sometime with two police-
man, maybe three, and they start to stop the cars. When they get so many built
up they all _go, and write tickets, and the rest of the cars are going by. So, if
you're lucky enough to meet that cycle there you get by without being ticketed.
That's not fair to me. If you're going to do it, do a complete inspection. In this
one particular case, I guess, this person wasn't that fortunate. See this is what
I'm saying, in other words, what I say is, at least if they can afford, maybe they
can't, have at least four Policeman there, or you only need one to stop cars, and
three writing, but at least have one always, always, out on that road checking for
the belts. Don't disappear everybody, and start writing tickets, because they clot
maybe ten cars lined up, and got nobody checking cars that all going by. I don't
think they check the trucks half of the time anyway. This is what I'm trying to
day on this. -It's just a suggestion. There's no criticism to the Police Department,
but this is what I see with my own eyes, done right in front of my house. I can't
help see it. You know, if you're going to do a check, do it 100%, and include every-
one, not the ones that are fortunate to get by, and the unfortunate ones who will
go by, and the cops are out there stopping them. Either stop everybody, or don't
stop anybody at all. I'm going to make this quick, Scott. When you settle this fast
food restaurant (tape change. ) and it was voted down. All this back and forth
arguement, get it on a ballot, a referendum, once and for all, and the case is
settled. One more thing. I'm a raspberry grower. Techinally when 'I get rid of my
old raspberries, I'm supposed to burn them on account of diseases, agricuture, they
carry viruses, and years ago when the Mattituck Fire Department sent out for a
donation, they would send you a automatic burning permit. You sent the donation,
you had your permit. They don't have no more permits. They don't give out permits
anymore. Fortunately you people still have it on the books, that you can burn.
422 OCTOBER 19, 1993
I wrote to the Agriculture Department for an application for a permit to do this.
When I read the permit they wanted to know what time of the day, how much you
going to burn; when you're going to burn. I don't know when I'm going to burn,
how much I'm going to burn, what time of the day. I have to burn when the weather
is right. I might put down today, it could be a week from now. So, I gave it up.
I take it to the dump now. Myself I don't .see nothing wrong with burning in a
barrel provided it's controlled, it's sensible, and it has screen on it, and I suggest
to the Town Board keep the rule, or the way it is now, because sensible, there's
nothing wrong with it, if it's done in a sensible way, provided you put a screen
on it. I suggest to the Town Board, leave it remain the way it is.
SUPERVISOR HARRIS: Thank you, Mr. Carlin. If there's nobody else from the
audience, is there anybody on the Board?
LOUISA EVANS: I just want to find out where the 911 stands for Fishers Island.
Louisa Evans from Fishers Island. I want to know the Commissioners from the Fire
Department wrote a letter back on the 25th of September, that they were upset with
the 911 system, and I want to know where that stands now, if anything has been
done. I think they asked for a letter back, a response, and has anything been done
.about that yet?
SUPERVISOR HARRIS: Judge Edwards, as you know, has been in contact with the
Fire Departments. He's been to meetings over there in reference to it. He reported
it to the Town Board at the last meeting. In reference to the Fire Department's
wishes, the Town Attorney is also working on 911 scenario that exist right now,
and that's where we are with it.
LOUISA EVANS: Thank you.
SUPERVISOR HARRIS: If there no one else at this time, any members of the Board?
Just one final thing in closing, that I'd like to mention. ' Two things, first of all,
next Tuesday at 10:30 A.M. , we're .going to have the grand opening, the ribbon
cutting ceremony for the Human Resource Center, the new Human Resource Center
in Mattituck. We're asking you all to attend, please, at 10:30 A.M. , that's October
26th. Second, I would just like to commend the Landfill staff, also the Superinten-
dent of Highways. I received this today from the Superintendent of Highways, and
Jim Bunchuck. There was a surprise inspection on Friday by the DEC. Now, this
is nothing unusual. The DEC frequently comes out, and does surprise inspections,
and constantly writes up all landfills in this area with violations from blowing papers.
You name it, there's alway something they find, and I'm pleased to announce that
for the first time in the history of the Landfill, at least in the first time of anybody's
recent memory, there were absolutely no violations found at the Landfill, as of last
Friday, - and I think that's a great compliment to the staff of the Landfill, not only
to those individuals, but for all the people who work at the Landfill, and keep it
in an orderly fashion . These inspections included the facilities, management,
operations control, water, access waste handling, and others. There's a whole
checklist of things that they go through, so I just wanted to report that, and I
thought that that should be something the people of Southold should know, that
that's the first time we've never had any violations up at the Landfill with a surprise
inspection.
FRANK CARLIN : Scott, when will be the next Board meeting, Election Day?
SUPERVISOR HARRIS: No, the next Board meeting is November 9th. Again, if
there's nothing else at this time, I'll entertain a motion to adjourn.
Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 9:05 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,
Councilman Wickham. Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk