HomeMy WebLinkAboutTB-12/08/1992 26Q►
SOUTHOLD TOWN BOARD
DECEMBER 8, 1992
WORK SESSION
Present: Supervisor Scott L.- Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilman Thomas H. Wickham, Councilwoman Alice J. Hussie,
Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan,
Town Clerk Judith T. Terry.
9:45 A.M. - For Discussion Items: (1) Proposed agreement between the Town and
Village of Gi-eenport for hydrants in the East-West Fire Protection District. Hydrant
costs for 1993-1997 has been received from the Village, but the Board feels the
increase is too high. Assistant Town Attorney Kiernan will arrange for negotiations.
10:00 A.M. - Richard Hilary, Chairman of the Stewardship Task Force, met with
the Board to give them a progress report. He submitted a suggested Request for
Proposal for consulting services to the Task Force, and a tentative list of planning
experts who might be invited to submit a proposal. The Town Attorney will put
in proper legal form. Also discussed was the need to get the community survey
under way. Mr. Hilary will return to the Board monthly with a progress report.
11 :25 A.M. - For Discussion Items (continued) : (2) Memorandum from Solid Waste
Coordinator Bunchuck to Commissioner of Public Works Jacobs informing him that
the existing system for recycling corrugated cardboard at the Collection Center is
inadequate to handle all of the cardboard that would be brought to the Center if
the recycling ordinance were fully enforced. Mr. Bunchuck submitted three possible
options: use .large capacity compactor or horizontal bailer, use roll-off containers,
use a walking floor or push-out type trailer. The proposals will be submitted to
the Solid Waste Management Task . Force. (3) Request from Town Historian Booth
to attend 1993 Association of Towns (see resolution no. 20) . Also, discussion
relative to need to hire a bus for.transportation to 'the Association of Towns. Town
Clerk will discuss arrangements with Shelter Island. (4) Interviews of applicants
for the vacancy on the Board of Assessment Review will be set in January. (5)
Councilman Penny brought before the Town Board the question of -the elimination
of strip stores/malls from all zones. During the 10:00 A.M. meeting with Richard
Hilary it was agreed this question should be included in their survey. (6) The
request of Kevin McLaughlin, attorney for Richard Goodale, ,,for a change to the
Zoning Code to permit. the "sale of used vehicles" without the necessity of doing so
as accessory to the sale of new vehicles", was discussed, along with a memorandum
from Board of Appeals Chairman Goehringer pertaining to this subject. Mr.
Goehringer advised the Board that although the ZBA has an application pending for
a new-car dealership proposal, the request by Mr. McLaughlin would not properly
be in the province or discretion of the ZBA if it merely . involved discussions for
a code change concerning used-car sales (without a new-car dealership) , and should
have no effect on their determinations since the ZBA action must be based upon the
zoning law in effect at the time of the decision. After considerable discussion it
was agreed to ask the Stewardship Task Force to take up the subject and possibly
put the question of a "stand alone used car lot" on their survey. The Planning and
Zoning Committee will also address the question in the near future. (7) Proposed
agreement with the North Fork Animal Welfare League, Inc. for 1993 Dog Control
and Shelter services was reviewed (see resolution no. 15) .
12:35 P.M. - Recess for lunch.
DECEMBER 8, 1992 261
2:25 P.M. - Work Session reconvened and the Board met with Insurance Consultant
William F. Mullen, Jr. , Accountant John Cushman, Larry Grim of G.C.G. Risk
Management, and Dan Ginsberg from the Lovell Safety Management Co. Inc. , to
discuss Workers' Compensation Insurance coverage. Safety Group offers a 20 0
advance discount, and each member of the group receives a dividend at the end of
the year. The dividend is predicated upon the dollars remaining after losses,
reserves and administration has been assumed and eliminates traditional insurance
company profits. The liability of each group member is limited to their own
discounted premium, and they are protected by excess insurance limiting the cost
of one accident regardless of the number of employees injured. This ensures the
Group from incurring major losses for the year. The Town Board agreed the Town
would benefit from joining the Lovell Safety Group and placed a resolution (no. 17)
on the agenda authorizing the Supervisor to enter into an agreement for the
coverage.---In another area, Mr. Mullen recommended the specific stop loss
attachment point for the health insurance to be increased from $50,000 to $75,000.
The Board agreed and gave Mr. Mullen their authorization for same.
EXECUTIVE SESSION
3:05 P.M. - On motion of Councilman Wickham, seconded by Councilwoman Hussie,
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman
Wickham, Councilwoman Hussie. Also present: Town Attorney Arnoff, Ass.istant
Town Attorney Kiernan, Town Clerk Terry.---The. Board met with Chief Droskoski
and Lieutenant Conway to discuss police personnel.---Following that discussion, they
met with Assessor Chairman Scott Russell and Assessor Robert Scott to discuss
certiorari proceedings.---Also discussed - personnel, CSEA grievances, possible
litigation.
4:10 P.M. - The Board met Albert Krupski, Jr. , Vice President of the Trustees,
and Trustees, Henry. P. Smith and John B. Tuthill to discuss numerous items of
mutual interest, i.e. - update on ' the ownership of the "waters", separation of
powers- with respect to the Water advisory and water resources committee, Town
mining ordinance., Coastal Erosion Ordinance, Wetlands Ordinance, Special
Groundwater Protection Area, Shellfish Ordinance.
5:00 P.M. Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held 'on Tuesday, December
8, 1992; at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at 7:30 P.M. , with the Pledge of Allegiance to the Flag.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman Thomas J. Wickham y
Councilwoman Alice J . Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Absent: Councilman George L. Penny IV (ill)
Councilman Joseph J. Lizewski (out of town)
SUPERVISOR HARRIS: Councilman Lizewski is away, and Councilman Penny was
here, but he left, unfortunately, because he just became very ill, and so we
certainly hope that he feels better. At this time, I need a motion to approve
the audit of the bills from December 8, 1992.
262 DECEMBER 8, 1992
Moved by Councilman Wickham, seconded by Justice Edwards,. it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $95, 151 .00; General Fund Part Town bills
in the amount of $389,568.73; Nutrition Fund bills in the amount of $1 ,931 .77;
SNAP Program bills in the amount of $57.83; Community Development Fund bills
in the amount of $18,795.90; Highway Fund Whole Town bills in the amount of
$22,884.97;' Highway Fund Part Town bills in the amount of $22,077.60; Ag Land
Development Rights bills in the amount of $405,050.00; Hydrogeolic Landfill Study
bills in the amount of $16,058.09; Human Resources Center bills in the amount
of $50.00; Open Space Capital. Fund bills in the amount of $100.00; Scavenger
Waste Facility bills in the amount of $580.00; Employee Health Benefit Plan bills
in the amount of $16,717.58; Fishers Island Ferry District bills in the amount of
$24,419. 12; Southold Wastewater District bills in the amount of $15,949.00; Fishers
Island Sewer District bills in the amount of $120.00; Southold Agency & Trust
bills in the amount. of $49.14; Fishers Island Ferry District Agency & Trust bills
in the amount of $315.86.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes from November
24, 1992, regularly scheduled Town Board meeting.
Moved by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the minutes of the November 24, 1992, regular Town Board. meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to set the next Town Board meeting at
the day of December 22, 1992, at 11 :30 A.M.
Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the next regular meeting of the Southold Town Board will, be held
at 11 :30 A.M. , Tuesday December 22, 1992, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The meeting on the 22nd will be strictly just the close
of business, close of the fiscal year, and the agenda will be very, very light.
There will be no appointments, and no Town business other than that that's
needed for, as I said, in year end business. I think there's one brief hearing,
that had to be scheduled, because of the end of the year, end of the year
business, but that is what that meeting will be scheduled for, obviously, three'.days
before Christmas.
I . REPORTS.
1 . Southold Developmentally Disabled Recreation Program Report for
November, 1992.
2. Southold Town Recreation Department Monthly Report for October, 1992.
3. Southold Town Building Department Monthly Report for November, 1992,
4. Southold Town Clerk's Monthly Report for November, 1992.
5. Southold Town Scavenger Waste Treatment Facility Monthly Report for
November, 1992.
6. Southold Town Planning Office Monthly Report for November, 1992.
7. Lawrence Healthcare CSEA Monthly Report for November, 1992.
8. Southold Town Justice Tedeschi Monthly Report for November, 1992.
9. Southold Town Police Department Monthly Report for November, 1992.
10. Southold Town Dog Shelter Monthly Report for November, 1992.
11 . Councilmen's Report.
12. Supervisor's Report.
DECEMBER 8, 1992 263
II . PUBLIC NOTICES.
1 . New York State Department of Environmental Conservation, Notice of
Complete Application, application of Greenport Village to construct a drainage
outfall structure over an existing drainage outfall pipe. Site is located on the
north side of the North Street extension approximately 350 feet west of Third
Street, Greenport, Town of Southold, Suffolk County. Comments no later than
December 18, 1992,
2. State of New York, Department of Transportation, Notice of Order filed
to establish a 40 mph speed limit on Alvah's Lane from Route 25 to C. R. 48.
3. Corps of Army Engineers, New York District, application of Gene Bolter
to construct a four foot by twelve foot hinged ramp off existing bulkhead and
.six foot by twenty foot float secured by two 2 pile-dolphins in Wunneweta Pond,
Great Peconic Bay, Cutchogue, Town of Southold.
.III . COMMUNICATIONS. None.
IV. PUBLIC HEARINGS.
1 . 8:00 P.M., on a proposed "Local Law in Relation to Disposal Fees".
2. 8:02 P.M. , on a proposed "Local Law in Relation to Accessory Buildings".
3. 8:05 P.M. , on a proposed "Local Law in Relation to Affordable Housing".
4. 8:07 P.M., on a proposed "Local Law Amending the Commencement Date
of a Retirement Incentive Program as Authorized by Chapter 643, Laws of 1992,
for Eligible Employees of the Town of Southold".
V. RESOLUTIONS.
SUPERVISOR HARRIS: Before we go into resolutions for the evening, and we
do have four public hearings tonight, starting at 8:00 o'clock, are there any
members of the audience, that would like to address this Board on any resolutions
we'll acting upon in the next few minutes? (No response.) Councilwoman Hussie,
Why don't you start with the first resolution of the evening?
1 .-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the
following individuals as members of the Southold Town Council on Veterans Affairs,
effective January 1 , 1993 through December 31 , 1993, they to serve on .said Council
without compensation:
John ,A. Harris - Veterans of Foreign Wars
Bernard A. Heaney Catholic War Veterans, St. Agnes -Post No.703,Greenport
Edward Scrox-ton A.R. Grebe American Legion Post-No. 1045, Fishers Island
Edward Kruszeski Burton Potter American Legion Post No. 185, Greenport
Richard L. Diehl Griswold-Terry-Glvoer American Legion No.803,Southold
Henry W. Drum Raymond Cleaves American Legion Post No. 861 ,Mattituck
1 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Twon Board of the Town of Southold hereby appoints the
following individuals to the Southold Town Youth Board, effective January 1 , 1993
through December 31 , 1993, they to serve on said Board without compensation:
Chairperson Mary Ann Fleischman
School District Youth Representative:
Greenport Christina Goldsmith
Mattituck Helen Coster
Southold Isaac Kaplan
Ryan Springer
Hamlet: Adult Resient Representative:
Greenport/Orient/East Marion James Martinson
Mattituck/Cutchogue/New Suffolk Bonnie Mazzaferro
Southold/Peconic * vacancy
Civic/Church/Business§ Representatives:
Karen Diffley
Mark Gagen
264 DECEMBER 8, 1992
Agency/Organization Representatives
B.O.C.E.S. I *vacancy
C.A.S.T. Gail Horton
Family Service League *vacancy
Southold Town Department: Representative:
Community Development James McMahon
Juvenile Aid Bureau Henry Santacroce Jr. /Beth Wilson
Law Harvey Arnoff
Recreation *vacancy
Town Board Councilman Joseph J. Lizewski
2.-Vote of the Town Board: Ayes : Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moveo by Councilwoman Hussie, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
resignation of Carl Johnson, driver for EISEP, Home Aide, and Southold Senior
Services; effective November 23, 1992.
3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold, pursuant to the
provisions of Section 284 of the Highway Law, agree that moneys levied and
collected for the repair and improvement of highways, and received from the
State for the repair and improvement of highways, shall be expended as follows:
General Repairs in the sum of $1 ,935,100.00 may be expended for the general
repairs upon 190.93 miles of Town highways, including sluices, culverts and
bridges having a span of less than five feet and boardwalks or the renewals
thereof. No moneys set aside for improvements shall be expended, nor shall any
work be undertaken on such improvements, until the County Superintendent
approves the plans, specifications and estimates for such construction; the fore-
going all in accordance with the approval of the County Superintendent of Highways.
4.-Vote of the Town Board: Ayes: Councilwoman HUSSie, Councilman Wickham,
Justice Edwards, . Supervisor Harris.
This resolution was declared duly ADOPTED.
S.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the application of Mary H. Ciupryk for renewal of her single
family house trailer permit, for trailer located at 390 Hill Street, Mattituck, which
permit expires on December 12, 1992, be and hereby is granted fora six (6)
month period.
5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Justice Edwards, 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 Partial Payment Request No. Three
to the Federal Aviation Administration for reimbursement of-$75,332.47 for the
Fishers Isalnd - Elizabeth Field Airfield Lighting Project, all in accordance with
the recommendation of Calocerinos & Spina, P.C. , the Town's engineers for the -
project.
6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
DECEMBER 8, 1992 265
7.-Moved by Councilwoman Hussie, seconded by Councilman Wickham,
WHEREAS, there has been presented to: the Town Board of the Town of Southold,
on this date, a proposed Local Law entitled "A Local Law in Relation to One-Way
Streets; now, therefore, be it
RESOLVED that the Town Board hereby sets 11 :27 A.M. , Tuesday, December 22,
1992, Southold Town Hall, Main Road, Southold, New York, as time and place
for a public hearing on the aforesaid Local Law which reads as follows, to wit:
A Local Law in Relation to One-Way Streets
BE IT ENACTED by the .Town Board of the Town of Southold as follows:
I . Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is
hereby. amended to read as follows:
1 . Article II, Section 92-20 (One-way streets designated) i& hereby amended
by adding the following:
Name of Street Direction Location
Sound Avenue Westerly Between New York Route 25 (Main
Road) and Westphalia Road.
II . This Local Law shall take effect upon its filing with the Secretary of State.
7.-Vote of the Town Board: Ayes : Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert
G. Kassner a Site Plan Reviewer, from the Suffolk County Department of Civil
Service Certification of Eligibles List, effective December 8, 1992, at a salary of
$25,065.99 per annum.
8.-Vote of the Town Board: Ayes: Councilwoman.,.Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Mr. Kassner was provisional, and he is number one on
the Civil Service list, which gives. him permanent status. Doesn't change the pay at
all. It's still the same salary.
9.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1992 Budget to
cover overdrawn line items and anticipated needs:
To:
A3310.4 Traffic Control, Contractual Expenses $ 1 ,000.00
A8090.4 Environmental Control, Contractual Expenses 400.00
A8660.1 Community Development, Personal Services 8,000.00
From:
A8090.4 Environmental Control, Equipment $ 400.00
A9010.8 New York State Retirement 9,000.00
9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards; Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Supervisor Harris, 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 1992 Budget to
appropriate Park & Recreation funds for the appraisal of the Rich-property at.,
Peconic Lane, Peconic;
To:
Revenues:
A2025 Special Recreation Facilities $ 100.00
Appropriations:
A7110.2 Parks, Equipment $ 100.00
10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
266 DECEMBER 8, 1992
11 .-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1992 budget modification for the Southold Wastewater Disposal District
to cover anticipated needs for remainder of the year and to transfer to the
Scavenger Waste Capital Fund:
To
SS1 .8130.4 Sewage Treatment, Contractual Expenses $ 23,000.00
SS1 .9901 .9 Transfer to Other Funds 10,000.00
From:
SS1 .1910.4 Insurance, Contractual Expenses $ 3,000.00
SS1 .8130.2 Sewage Treatment, Equipment 20,000.00
SS1 .9730.6 Bond Anticipation Note Principal 10,000.00
11 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the Fishers Island Ferry District 1992 Budget
to cover overdrawn line items, and to appropriate FAA grant:
To:
Revenues:
SM.4097 Capital Grant - Federal Government $ 10.000.00
Appropriations:
SM.5610.4 Elizabeth Airport $ 10,000.00
SM.5710.1 Ferry Operations, Personal Services 35,000.00
SM.9030.8 Social Security 2,500.00
From:
Appropriations:
SM.1910.4 Ferry Operations, Contractual Expenses $ 37,500.00
12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved- by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the application of Alphenic Martin for renewal of her single family
house trailer permit, for trailer located on the west side of Tuthill Road, Cutchogue,
which permit expires on January 15, 1993, be and hereby is granted for a six
(6) month period.
13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Beverly
J. Norkelun as a driver for the Nutrition Program, 20 hours per week, at a salary
of $5.10 per hour, to be paid through the Nutrition Program budget, effective
December 9, 1992; AND as a driver for the Supplemental Nutrition Assistance
(SNAP) Weekend Meals Program, five (5) hours on Sunday, at a salary of $5.00
per hour, to be paid through the SNAP budget, effective December 13, 1992.
14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, i.t was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an agreement between the Town
of Southold and the North Fork Animal Welfare League, Inc. for dog officer and
dog shelter services for the period from January 1, 1993 through December 31 ,
1993, at a sum of $110,000.00, to be paid to the League in twelve equal monthly
payments.
15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
DECEMBER 8, 1992 267
16.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the.
$10,000.00 Irrevocable Letter of Credit for the subdivision of "Wild Oats", which
bond is a reduction and replacement of,the $35,000.00 Letter of Credit which
expired on December 7, 1992, all in accordance with the recommendation of the
Southold Town Planning Board and Engineering Inspector Richter.
16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilwoman Hussie; 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 place the Town's Worker's Compensation
Insurance into the State Insurance Fund's Safety Group #496, as administered
by Lovell Safety Management Co„ Inc. , effective January 1 , 1993; said fee payable
to Lovell is 100 of the State Insurance Fund's Discounted Premium.
17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Special Counsel Richard J. Cron to accept the proposed settlements with respect
to the following certiorari proceedings: Oyster Point Condominimium v. Assessors
of the Town of Southold et ano. ; Sterling Cove Condominium v. Assessors of the
Town of Southold et ano. ; and The Cove at Southold Condominium v. Assessors
of the Town of Southold et. ano.
18.-Vote of the Town Board: Ayes: Councilwoman 11 Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it "was
RESOLVED that the Town Board of the Town of Southold hereby appoints Stephanie
Graseck as a seasonal Clerk Typist in the Assessor's Office, for a period of four
(4) weeks, December 21 , 1992 through January 15, 1993, 35 hours per week, at
a salary of $5.50 per hour. -
19.-Vote of the Town. Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town
Historian Antonia Booth to attend the Annual Meeting of the Association of Towns
on Febuary 14, 15, 16, 17, 1993, at the New York Hilton, New York City, New
York.
20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Seeing as we have a few minutes, before we go into our
public hearings, we'll move up the order of things. - if there are any members
of the audience, that would like to address this Board on any issue, that you
many feel is important for us to know about at this time, please come to the
microphone. Otherwise, if there are no speakers at this time, I'll recess for ten
minutes. Yes, sir.
FRANK CARLIN : My name is Frank Carlin from Laurel. Comes a time when one °
must call the shots the- way he says them, and let the chips fall where they may.
1 don't see how. . l disagree with having this Stewardship Committee, and I'm going
to tell you why. You people were elected to know what the Town needs, and
what the people want. I lived in this town for forty years. I don't need a
member of 19 people telling me what I need, or what the town needs. That's your
job. People elected you to do this. When you run for election, you had the
answers what the 'town needed. It needs this. It needs that. You have an
alternate plan for garbage, and all that. Now, you're passing buck to this
committee. I can't see it. That's your job. You should run the government.
You make the decisions, not a 19 membership committee here. In my opinion,
this is another change of accounts. I want to make the record straight. The
Chamber of Commerce is a good organization, but we don't need two of them.
Everytime. I pick up the paper lately, I read in there, disagreement between
Councilman Wickham, and George Penny, Councilman Lizewski, who's not here,
and the Planning Board Chairman Orlowski. I.f, you got disagreements, if you
268 DECEMBER 8, 1992
got dissention, sit down at the table, and talk about it, face to face. That's
how you solve your problems. Don't depend on the newspaper to communicate
your disagreements. Sit down at the table face to face, and get your problems
solved that way. That's the only way you- do it-. Mrs. Hussie, last week I believe
I read in the paper an article about the landfill and the DEC getting down to the
waterline here, closing the landfill, maybe three months, something like that,
whatever, I don't know, within that time. I believe, now I might stand corrected
now, I believe she made the remark that,so soon? I want to remind you, Mrs.
Hussie, the DEC gave the Town from 1980 to 1990 to get their act together. It
wasn't overnight. So far I don't see much being done, really. Of course, to
be honest with you, that system we got down there in the landfill has much to
be desired. But I will say one suggestion, that could have improved that landfill
thirty years. I mentioned this once to Ray Jacobs. You know as you drive in
the bin is on your right, as you drive in, and you back up. Well, if that was
designed right, in my opinion, if that bin was put in the middle, two cars could
drive in. Just drive in. Get out, and dump your garbage, and drive out. It
would increase the amount of capacity on traffic, and there would be turn-around,
back-around. You could drive out. That's only a minor thing I picked up. In
closing, you see I have a habit of saying what's on my mind, and I say it to the
Board, and I feel that it warrants more output in the paper. Sometimes I don't.
Sometime I do. Well, I told this to Bill Pell. I told this to Frank Murphy, and
I'm going to tell it to you. This town is behind the times. You can't depend
on grapes, and sod farms. We need jobs in this town. When I say it's behind
times, you proved that when you didn't want a McDonald's, and I'll close in saying
that, a week ago I was in McDonald's in Riverhead, and to and- behold, there
comes a Mattituck school bus, loaded with kids to go to McDonald's. Seems to
me,the kids in Mattituck must have liked McDonald's. Let's face it. Isn't this
what it's all about, the best for our children? Thank you.
SUPERVISOR HARRIS: Frank, have a Happy Holiday, if we don't see you before
the next meeting.
FRANK CARLIN : You might see me. Everybody, I wish you a Happy Holiday,
Happy New Year.
SUPERVISOR HARRIS: Mr. Carlin, normally the Town Board listens when the
audience has comments to make for the interest of the Town, and so on. Councilman .
Wickham has offered, if you like, an answer to one of the questidns you had about
the US/UK Task Force. If you'd care to hear his comment, he'd certainly like to
addresss you on that one issue.
COUNCILMAN WICKHAM: I hesitate to say very much, Frank, because I'm not
sure I can say it very well, not as well as you did, and I'm not sure if what I
have to say will be all together accepted by everybody, but, the first thing I'd
say about the Stewardship Task Force is some forty years ago, the Town of
Southold put into place a Zoning Code. At that time, there was a Commission,
a group of people, that sat down, and tried to come up with the origins, and
the plans for that, at that time. It wasn't the Town Board. It was a group of
people, who recommended a plan to the Town, and ultimately, it was adopted.
Well, now, some forty years later, we're in a similar situation where there is a
group, that doesn't cost the Town anything, they work gratis, and they are not
given the job of making the final descisions. They're just coming up with some
recommendations, that will come to the Town Board, and the idea is to.get out
of the political realm, and give some professional planning advise to the Town
Board, that we can take without a great deal of difficulty, and without a lot of
political fighting. So, I have to hope that this will be of real value to the Town,,
and that it will contribute to business, and jobs, and the kinds of things—and
even perhaps a place someday for a fast food restuar.ant in the town, but within
certain guidelines, that will still preserve the qualities of the town the way we
like it.
FRANK CARLIN : Can I re-comment on this. I got a minute and a half. Running
against the clock here. As far as a fast food re.stuarant, I think that was
resolved after we rejected McDonald's, because nobody else will ever want to come
in here. We had it on that one. I think you goofed on that one. But, my point
is on the Stewardship Committee, fine,. but you should be able to do that. You
should make the decision to know what the town needs. You don't need to appoint
a 19 board committee. That's your job. You've been elected by the people. If
you can't do your job, then don't run, or don't hold your position.
DECEMBER 8, 1992 269
SUPERVISOR HARRIS : Frank, for the record, ! just want to clarify one state-
ment about the McDonald's application, ,because I don't want it to be perceived
that McDonald's was turned down. It was not turned down. The drive-thru
portion of the building was turned down, however, the actual building itself
without that one attachment, was approved by the ZBA, and they had the option
to locate on that piece' of property without the drive-thru component. It was
their decision, and not the Board's decision. I'm talking about the town. The
Zoning Board's decision, for them not to locate there. They, for reasons only
known to them, declined to come into the town to locate, and that was in a state-
ment that they did send to the town, saying, at this time, they had no plans
to continue with their application. So, it was of their doing, and not of the town's
doing, that they didn't locate here. So, I just wanted to clarify that, because
a lot of people think that the application was rejected. It was not rejected. The
one component was rejected, which was the drive-thru portion, and not reiterate
because of the time, but I just wanted to. .
FRANK CARLIN : Let me re-comment on that. You know as well as I -do, Scott,
a McDonald's without a drive-in is no McDonald's. You give them half a hand,
but not the other hand. Let's be fair about it. If McDonald's don't have a drive-
in, they don't want it. But, you started out. . I don't want to get involved with
this thing, but I got about thirty seconds. I don't want to get involved, but
you did everything to keep them out. You started out with the noise. With the
garbage, they decided, we'll handle our own garbage. You see? They changed
the building for you, to your design. They bent over backwards for you. But,
don't say that they rejected it. They rejected it, because they don't have the.
drive-in, and that's what McDonald's is all about. So, I don't buy what you're
saying. One more thing, quick, I've got fifteen seconds. On Resolution #6,
on this budget for Fishers Island here. You know, Judge Edwards, he read off
$75,000.00. You know that throws somebody, if you don't put the amount in here.
You just say budget. I might want to comment on that, but I didn't see no
$75,000.00 here. Don't you think that would be more accurate, if you indicate
the amount of money on these resolutions? I believe #12 was the same one.
SUPERVISOR HARRIS: Frank, are you referring to #6 on resolutions? Number
6 was asking us to send us funds, reimbursement. That's a Federal Aviation
FAA grant.
FRANK CARLIN : But, then he read off something else. He read off $75,000.00.
TOWN CLERK TERRY: That's the amount they're going to send us.
SUPERVISOR HARRIS: That's the amount we requested.
FRANK CARLIN : When you're talking money, money is important. Do you know
what I'm saying? Be a little more accurate, if you would indicate the amount of
money. Just don't say, authorize a budget. You know, anybody can say,'
authorize. .l'm running out of time. I want to know, how much?
SUPERVISOR HARRIS: Thank you, Frank.
FRANK CARLIN : Thank you for giving me a minute and a half.
SUPERVISOR HARRIS: Thank you. At this time, I need a motion torecess for
public hearings for the evening.
Moved by Councilman Wickham, 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 Wickham,
Justice Edwards,. Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 9:55 P.M.
SUPERVISOR HARRIS : I'll ask if the Board would like to, obviously, based on
some of the comments, we'll hold most of the public hearings, that we had in
place, however, let's start with the first one we had in place, disposal fees,
would you. like to move on that? I need a motion, and a second.
270 DECEMBER 8, 1992
21 .-Moved by Councilman Wickham, seconded by Councilwoman Hussie,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 24th day of November, 1992, a proposed Local Law No. 31 - 1992 entitled,
"A Local Law in Relation to Disposal Fees"; and
WHEREAS, a public hearing was held .on this proposed Local Law on the 8th day
of December, 1992, 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. 31 - 1992 which
reads as follows, to wit:
LOCAL -LAW NO. 31 - 1992
A Local Law in Relation to Disposal Fees
BE IT ENACTED by the Town Baord of the Town of Southold as follows:
I . Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town of
Southold as follows:
1 . Section 48-4A is hereby amended to read as follows:
(5) Per-load fee of twenty-five dv+Fars f$25-) thirty
dollars ($30) for each single-axle truck which does not
Possess a permit.
(6) Annual fee of fifty-do+Fars f$50-j sixty dollars ($60.)
for each commercial vehicle transporting liquid septic waste,
together with an additional fee of two-cents {$6-92}
three cents ($0.03) for each gallon of liquid waste discharged.
(7) Annual fee of fifty-do+Fars f$59-j sixty dollars ($60. )
for each commercial contractor's vehicle of less than one-ton
maximum gross vehicle weight.
(8) Annual fee of fifty-do+Fars- f$59-j sixty dollars ($60.)
for each farm vehicle of one-ton or more capacity transporting
agricultural waste.
(9) Per-load fee of fifty-do+Fars f$50-3 sixty dollars
$60.) for each double-axle truck which does not possess a
permit.
(10) Annual fee of two-htmdred do#ar-s f$260-j two hundred
and twenty dollars ($220.) for each single-axle vehicle
transporting solid waste (garbage) .
(11) Annual fee of twic-htindred do+Fars f$200-} two hundred
and twenty dollars ($220.) for each commercial contractor's
vehicle of more than one-ton capacity.
(12) Annual fee of five htnidred do+hwis- f$500-3 six hundred
dollars ($600.) for each double-axle and/or compactor-type
vehicle transporting solid waste (garbage) .
(13) Annual fee of five htnidred do+Fars- f$500-} six hundred
dollars ($600.) for each commercial contractor's double-axle
and/or tractor-trailer combination of more than one-ton
capacity.
2. Section 44-4C is hereby amended to read as follows:
C. Effective January 1, 1993, in addition. to the fees established
in'Sections 48-4A and B, there shall be a fee of -five
do+Fars f$5-j ten dollars ($10.) per item on. appliances,
including but .not limited to white goods, refrigerators,
washers, dryers, ,stoves, dishwashers, ovens and the like.
DECEMBER 8; 1992 271
II . This Local Law shall take effect upon its filing with the Secretary of State.
* Overstrike represents deletions
** Underscore represents additions
21 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS : The second you'd like to hold. The fourth you'd like
to vote on the Retirement Incentive?
22.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 24th day of November, 1992, a proposed Local Law No. 32 - 1992 entitled,
"A Local Law Amending the Commencement Date of a Retirement Incentive Program
as Authorized by Chapter 643, Laws of 1992, for Eligible Employees of the Town
of Southold"; and
WHEREAS, a public hearing was held on this proposed Local Law on the 8th day
of December, 1992, 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. 32 - 1992 which
reads as follows, to wit:
LOCAL LAW NO. 32 - 1992
A Local Law Amending the Commencement Date of
a Retirement Incentive Program
as Authorized by Chapter 643, Laws of 1992,
for Eligible Employees of the Town of Southold
BE IT ENACTED, by the Town Board of the Town of Southold, as follows:
I . Local Law No. 16 of the year 1992 of the Town of Southold entitled "A
Local Law in Relation to Electing a Retirement Incentive Program as
Authorized by Chapter 643, Laws of 1992, for Eligible Employees of the
Town of Southold", is hereby amended to read as follows:
1 . Section 2 is hereby amended to read as follows:
Section 2. The commencement date of the retirement incentive
program shall be Sep ember-1- -, October 3, 1992.
II . This Local Law shall take effect immediately.
22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: If there's no other business of the evening, I'll entertain
a motion to adjourn, and in the meantime for the audience's interest, we acted
upon the first public hearing of the evening, and the last public hearing, and
the other two public hearing are being held. So, based on that action, I'll
entertain a motion to adjourn.
Moved by Supervisor Harris, seconded by Councilwoman Hussie, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 9:00 P.M.
Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham,
Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judith T. 'i"erry
Southold Town Clerk