HomeMy WebLinkAboutTB-07/02/1991SOUTHOLD TOWN BOARD
JULY 2, 1991
WORK SESSI'ON
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards (9:45 A.M.),
Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen
M. Latson. (10:30 A.M.), Councilman Thomas H. Wickham (9:50 A.M.), Town
Att~)rney Harvey A. Arnoff, Superintendent of Highways Raymond L. Jacobs, Town
Clerk Judith T. Terry.
9:40 A.M. - Von Kuhen, developer of the Southold Villas project, and his attorney,
George Weiser, met with the Town Board, to request their reduction of the
subdivision bond estimate set by the Planning Board. Also in attendance was
Engineering Inspector James Richter and Community Development Administrator James
McMahon. Mr. Weiser stated they had obtained their own estimate for the proposed
road and improvements work and it is not comparable with the Planning Board's
figure. Mr. Weiser was advised that the Planning Board does not establish the bond
estimate amount, but relies upon the expertise of the Planning Board and
Engineering Inspector, and it was recommended Mr. Weiser and Mr. Von Kuhen
submit their appeal for the reduction to the Planning Board.
10:00 A.M. - For Discussion Items: (1) Appointment of members to the newly
created Land Preservation Committee (resolution no. 14). (2) Request from
Northeast Stage for a contribution to their current production. Town Board,
unfortunately, does not have the money in the budget for a contribution this year.
(3 & 4) Decision whether to deem complete the Draft Environmental Impact
Statements for Jem Commons and Southold Commons. Board agreed they will need
additional time to review and will consider the question again in July 17th. A
further matter with respect to Jem Commons and Southold Commons is the cost to the
Town for additional reviews of the project documents by Cramer, Voorhis &
Associates. Board placed resolution no. 15 on the agenda to assess the additional
cost to the petitioner. (5) Letter from Independent Group Home Living Program,
Inc. informing the Supervisor that they propose to purchase the Campbell property
on the corner of Main Road and Oaklawn Avenue, Southold, for a community
residence. The information concerning the proposal will be disseminated to the press
for public input, and the town Board will address this matter again on July 17th.
(6) Request from Charles Simmons for a refund of a portion of his Planning' Board
inspection fee whereas the subdivision bond estimate was reduced (resolution no.
16). (7) Proposal to regulate the speed of boats in the newly marked North
Channel of Hallocks Bay, Orient, was held for additional research. (8) Councilman
Penny initiated discussion of the Home Occupation Law to discuss public concern that
seafood stores will open on private residential properties. He advised that the
consensus of the Legislative Committee after extensive discussion is that the law is
clear and this is not permitted. A definition of tradesm~n will be put in the law
"with no retail sales or services on site". Councilman Wickham stated he wants to
the legislative intent placed in the Code. Discussion clarifying the sign definition
for home occupations in the residential area. The question of registering home occu-
pations was rejected by the Town Board in the past, and with the exception of Council-
man Wickham, they still do. Councilwoman Latson and Councilman Penny emphasized
that working from the home remains a right rather~ than a privilege. The next
Legislative committee will be held on July 11th. (9) Councilwoman Latson brought
up the matter of the Goose Creek bacterial analysis as. performed by the
Conservation Advisory Council, and the status of Goose Creek road run off
containment. (10) Councilwoman Latson asked for an update on the proposed
transfer station plans at the Landfill, and the costs for same. Supervisor Harris
advised the preliminary plans will be based upon the test boring results. (11)
JULY 2, 1991
Councilwoman Latson requested an extension of time for inter-department comments
on the Draft Local Waterfront Revitalization Program document. The Board agreed
to an extension to July 31, 1991. Councilman Wickham reported on the Zoning and
Planning Committee's examination of the document. (12) Memorandum from
Accountant John Cushman relative Chapter 178 of the Laws of 1991, effective June
17, 1991, allowing the Town to make a retirement incentive available to certain
employees. This matter was held for discussion during Executive Session, at which
time the Town Board determined this proposal would not be cost effective. (13)
Proposal to assume the cost of gasoline and cost of insurance rider for the bus being
donated by Sunrise Coach Lines for the Southold Town Youth Board's trip to Smith
Point Park on July 17th. This was discussed with Insurance Consultant William
Mullen, Jr. at 2:00 P.M., and was placed on the agenda (resolution no. 22) for
approval. (14) Councilwoman Latson requested consideration for Critical
Environmental Area designation of the special groundwater protection area of 241+
acres surrounding Laurel Lake. The Town Attorney's office will be asked to look
into CEA designation. Councilwoman Oliva advised the Board that the entire area
north of Laurel Lake is a critical watershed area. (15) Councilwoman Latson asked
the Town Board to declare July 14 - July 21 as "Southold U.S./U.K. Crountryside
Stewardship Exchange Week" (resolution no. 19).
11:55 A.M. - Dave Riba, Trianc. tle Consultinc~, Accountant John Cushman, and Data
Processing Supervisor Jeanne Ruland, met with the Town Board to discuss the need
for upgrading the IBM AS/400 computer system which has almost reached capacity.
The proposed upgrade, which would double the storage capacity, will cost
$78,293.00, plus a $1,500.00 to upgrade the uninterrupted power supply. The
needed upgrade is especially important ~as the Assessors, Tax Receiver and Highway
are not yet on the system and the space will be required to accommodate them. Mr.
Riba assured the Town Board that this upgrade should extend the capacity of the
computer system to the end of 1992. The Town Board agreed to add resolution no.
8 to the agenda, a bond resolution for the purchase of the computer equipment.
12:30 P.M. - Recess for lunch.
2:15 P.M.
SesSion.
Work Session reconvened and the Town Board entered into Executive
EXECUTIVE SESSION
2:15 P,M. On motion of Councilwoman Oliva, seconded by Councilman Penny, it
was Resolved that the Town Board enter into Executive Session. Vote of the Town
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman
Oliva, Councilwoman Latson, Councilman Wickham. Also present: Town Attorney
Arnoff, Town Clerk Terry.---The Board. discussed personnel, and litigation, and
met with Insurance Consultant William F. Mullen, Jr. to discussed certain insuranoe
matters.
3:15 P.M. - Board audited outstanding vouchers.
3:40 P.M. - Reviewed resolutions to be voted on at the 4:00 P.M. regular meeting.
3:50 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, July
2, 1991, 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:
Absent
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilman Thomas H. W'ickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilwoman Ellen M. Latson (ill)
SUPERVISOR HARRIS: At this time I'd like to have a motion to approve the bills
of July 2, 1991.
Moved by Justice Edwards, Seconded by Councilwoman Oliva, it was
RESOLVED the followin9 audited bills be and hereby ordered paid: General Fund,
Whole Town bills in the amount of $53,938.38; General Fund Part Town bills in
the amount of $18,044.36; Nutrition Fund bills in the amount of $3,876.39; SNAP
Program bills in the amount of $481.50; EISEP Program bills in the amount of $38.60;
Highway Fund Whole Town bills in the amount of $6,062.68; Highway Fund Part
Town bills in the amount of $40,179.85; Hydrogeolic Landfill Study bills in the
amount of $50,512.30; Waterfront Revitalization bills in the amount of $564.32; Fuel
Tanks and Police Building bills in the amount of $23,994.00; Employee Health Benefit
Plan bills in the amount of $54..783.45; Fishers Island Ferry District bills in the
amount of $8,087.41; Fishers Island Sewer District bills in the amount of $215.00;
Southold Agency & Trust bills in the amount of $4,318.30; Fishers Island Ferry
District Agency & Trust bills in the amount of $229.64.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to approve the minutes of the Board meeting of
June 18, 19917
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the minutes of the June 18, 1991, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion approving the next Board meeting of
July 17, 1991, to be scheduled at 7:30 P.M., which is on a Wednesday.
Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the next rec~ular meetinq of the Southold Town Board will be held
at 7:30 P.M., Wednesday, July 17, 1991, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
1. Southold Town Supervisor's Monthly Bud. get ~eport for May 31, 1991.
2. Southold Town Developmentally Disabled Recreation Program fo July
through October events.
3 Southold Town Dog Shelter Report for June, 1991:
4 Southold Town Building Department Report for June, 1991.
5 D.A.R.E. Final Report for 1990-1991 School Year.
6 Southold town Planning Board Monthly Report for June, 1991.
7 Councilmen's Reports.
8 Supervisor's Report.
4 JULY 2, 1991
II. PUBLIC NOTICES.
1. U.S. Corp of Army Engineers, New York District, Public Notice of
application of the Town.of Southold for permit to install a concrete boat launching
ramp and parallel boarding float located in Mattituck Creek, Town of Southold.
Written comments by July 25, 1991.
2. County of Suffolk, Department fo Aqin~ and the Suffolk County Senior
Advisory Board's annual Senior Citizens Picnic, August 14, 1991, Southaven County
Park 10:00 A.M. to 4:00 P.M.
II£.PUBLIC HEARINGS
1. 4:30 P.M. on proposed "Local Law in Relation to Removal of Excess
Topsoil."
IV. RESOI:UTIONS.
SUPERVISOR HARRIS: Councilwoman Latson is ill. She went home early this
afternoon, and she may be back. She may not, so we wish her the best.~ At this
time is there any member of the audience, that would like to talk about any resolu-
tion that we'll be moving on in the next few minutes? If not we'll start the resolu-
tions. (No response.)
1.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the application of Neted of America, Ltd. for renewal of their office
trailer permit, for trailer located at 2835 Shipyard Lane, East Marion, which permit
expired on June 19, 1991, be and hereby is granted for a six (6) month period.
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-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 an Agreement for Construction of
an Extension of Electric Facilities on Private Property between LILCO and the Town
in order to install an electrical line extension on Peconic Lane in Peconic, New York.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilwoman Oliva, 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 lease agreement between Pudge
Corp. and the Town of Southold, wherein the Town leases from Pudge Corp.' a
police booth, known as building number 9, as per site plan of Feather Hill,
Southold, for a rental of one dollar ($1.00) per year, effective July 1, 1991 through
June 30, 1992, all in accordance with the approval of the Town Attorney.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Our thanks to Jim Grey for the use of this annex.
4.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
reduction of the bond estimate for the Minor Subdivision of Charles Simmons from
$219,507.00 to $181,941.00, all in accordance with the recommedation of the Southold
Town Planning Board and Engineering Inspector Richter; said reduction is
warranted because the road specification has been reduced from a twenty (20 foot
width to sixteen (16) foot width in accordance with the current road standar!ds.
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared du y ADOPTED.
5.-Moved by Justice Edwards, seconded by Supervisor Harr. is, it was
RESOLVED that the Town ~3oard of the Town of Southol~l4 hereby c~rants permission
to Police Officer Beth Wilson to attend the National D.A.R.E. Officers Conference
at Winston-Salem, North Carolina, on-July 10, 11, 12, 13, 1991, and the necessary
expenses for registration, airfare, meals, and lodging shall be a legal charge against
the Police Department's 1991 Budget.
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5
JULY 2, 1991
6.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a .grant application to the New York
State Department of Environmental Conservation, National Small Business Tree
Planting Program; said program to be of no cost to the Town of $outhold, local
match will be in-kind services.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We also hope that we receive this application, grant applica-
tion, it would mean $12,000. to the Town for beautification of our township in a
way of shrubbery and trees, so we certainly look to receiving this grant application
in the near future.
7.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Community
Development Administrator James C. MacMahon as Southold Town's representative
on the New York Job Development Authority's Fishermen's Assistance Fund Committee,
effective immediately, he to serve in said position without compensation.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by
Councilman Penny, seconded by Justice Edwards,
BOND RESOLUTION OF TFIE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JULY 2, 1991, AUTHORIZING THE
PURCHASE OF COMPUTER EQUIPMENT FOR USE BY SAID
TOWN, STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $89,000, APPROPRIATING SAID AMOUNT
THEREFOR, AND AUTHORIZING THE ISSUANCE OF
$89,000 SERIAL BONDS OF SAID TOWN TO FINANCE
SAID APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, Il'; THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than
two-thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New York
(herein called "Town"), is hereby authorized to purchase computer equipment for
use by said Town. The es:timated maximum cost of said specific object or purpose,
including preliminary costs and costs incidental thereto and the financihg~' thereof,
is $89,000 and said amount is hereby appropriated therefor. The plan of financing
includes the issuance of $89,000 serial bonds of the Town to finance said appropria-
tion, and the levy and collection of taxes on all the taxable real property in the
Town to pay the principal fo said bonds and the interest thereon as the same shall
become due and payable.
Section 2. Serial bonds of the Town in the principal amount of $89,000,
are hereby authorized to be issued pursuant to the provisions of the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York
(herein called "Law") to finance said appropriation.
Section 3. The following additional matters are hereby determined and
declared:
(a) The period of probable usefulness of said specific object or purpose
for which said $89,000 serial bonds authorized pursuant to this resolution are to
be issued, within the limitations of Section 11.00 a. 32 of the Law, is five (5) years.
(b) Current funds are not required by the Law to be provided as a
down payment prior to the issuance of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d.5 of the Law.
(c) The proposed maturity of the bonds authorized by this resolution
will not exceed five (5) years. ..
Section 4. Each of the bonds authorized by this resolution and any
bond anticipation notes issued in anticipation of the sale ~f said bonds shall contain
the recital of validity as prescribed by Section 52.00 o~f',;~he Law and said bonds
and any notes issued in anticipation of said bonds, shall be general obligations
of the Town, payable as to both principal and interest by general tax upon all
the taxable real property within the Town without limitation of rate or amount.
The faith and credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be made annually in the.
budget of the Town by appropriation for (a) the amortization and redemption of
the bonds and any notes in anticipation thereof to mature in such year and (b)
the payment of interest to be due and payable in such year.
JULY 2, 1991
Section 5. Subject to the provisions of 'this resolution and of the Law
and pursuant to the provisions of Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00
to 60.00 of the Law, the powers and duties of the Town Board relative to author-
~zlng bond anticipation notes and prescribing the terms, form and contents and
as to the sale and issuance of the bonds herein authorized and of any bond antici-
pation notes issued in anticipation of said bonds, and the renewals of said bond
anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer
of the Town.
Section 6. The validity of the bonds authorized by this resolution and
of any notes issued in anticipation of the sale of said bonds, may be contested
only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication or
(c) such obigations are authorized in Violation of the
provisions of the constitution.
Section 7, This bond resolution shall l~ake effect immediately, and the
Town Clerk is hereby authorized and directed to publish the foregoing resolution,
in full, together with a Notice attached in substantially the form prescribed by
§81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper
published in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper
published in Mattituck, New York, each having a general circulation in the Town
and hereby designated the official newspapers of said Town for such publication.
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of $outhold hereby c~rants permission
to the Southold Fire Department and the Southold Fire Department Racincl Team,
First Settlers, to use the following Town Roads for staging of men and equipment
for their 21st Annual Old Fashioned Parade and Drill, on Saturday, August 10, 1991,
at 6:00 P.M. (rain date: Sunday, August 11, 1991, at 1:00 P.M.), provided they
secure and file with the Town Clerk a Certificate of Liability Insurance for at least
One Million Dollars, naming the Town of Southold as an additional insured: Tuckers
Lane, Griswold Street, Terry Court, and Glover Street.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants persmission
to Assessors Scott Russell and Darline Duff¥ to attend a course entitled, "Income
Capitalization I", to be held at Cornell University, Ithaca, New York, on July 21
through July 26, 1991, and the use of a Town vehicle, and necessary expenses
for registration, travel, meals and lodging shall be a legal charge against the
Assessor's 1991 Budget.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
11.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
increase of an estimated $13,000.00 to the contract between'the Town of Southold
and R & L Well Drilling, to comply with the requirements of the New York State
Department of Environmental Conservation that one well .t~luster (MW-6) at the
landfill site be located downgradient of the former s~pt~ge lagoons which requires
the mud rotary method of drilling to be used in place of auger and cable tool as
specified in the bid and in the drilling contract; said contract' modification all in
accordance with the recommendation of the Town's consultants, Dvirka & Bartilucci,
Consulting Engineers.
11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman 01iva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JULY 2, 1991 7
12.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinq 1991 Budget modification to the General Fund.- Part Town to appropriate
New York State grant for full reimbursement of Bay Constable's 1991 Privateer
boat:
To:
Revenues:
B3115 Navigational Aide $ 20,000.00
Appropriations:
B3130.2 Bay Constable, Equipment $ 20,000.00
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: This money is to be used only for the purchase of a new
Police boat. It was earmarked for that, and we're pleased to have knowledge,
that this grant has been awarded to Southold Town, and we gratefully accept it.
13.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1991 Budclet modification to the General Fund - Part Town to appropriate
New York State grant for full reimbursement of five (5) soft body armor vests
for the Police Department:
To:
Revenues:
B3097 Criminal Justices Services Grant $ 1,384.85
Appropriations:
B3120.4 Police, .Contractual Expenses $ 1,384.85
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Councilwoman Oliva, seconded by Supervisor Harris,
WJ-IEREAS,.the Town Board of the Town of Southold on June 18, 1991 enacted Local
Law No. 13 - 1991, "A Local Law in Relation to Land Preservation", and Local Law
No. 14 - 1991, "A Local Law in Relation to Open Space Preservation"; and
WHEREAS, by the enactment of Local Laws 13 - 1991 and 14 - 1991 the Town Board
abolished the Southold .Town Farmland Committee as set forth in Chapter 25 of the
Code of the Town of Southold, and the Southold Town Open Space Committee as
set forth in Chapter 59 of the Code of the Town of Southold, and created a Southold
Town Land Preservation Committee to administer the provisions of Chapters 25 and
59; and
WHEREAS, the Town Board wishes to combine the membership of the former Farmland
Committee and Open Space Committee and appoint those individuals to the newly
created Land Preservation Committee; now, therefore, be it
RESOLVED that the Town Board of the Townl of Southold hereby appoints the following
individuals as members of the Southold Town Land Preservation Committee, for
the following terms of office, they to serve in said position without compensation;
Southold Town Land Preservation Committee
Gerald Dennehy
Frederick Ross
John Simicich
Richard Ryan
Andre Cybulski, Jr.
Charles L. Lauer
] erin
July 3, 1991
July 3, 1991
July 3, 1991
July 3, 1991
July 3, 1991
July 3, 1991
- July 3, 1993
- July 3, 1993
- July 3, 1993
- July 3, 1993
- July 3, 1992
- July 3, 1992
Douglas M. McGahan July 3, 1991 - July 3, 1991
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Congratulations to all those reappointed.
15.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby assesses an addi-
tional cost of $300.00 to Jem Realty Company ($150.00), and E.M. Kontokosta ($150.00),
for the reimbrusement of charges by Cramer, Voorhis & Associates for additional
review fee'with respect to the Jem Realty Company (Jem Commons) and E.M.
Kontokosta (Southold Commons} Draft Environmental Impact Statements for those
change of zone petitions, said additional cost to be paid prior to the public hearings
on said Draft Environmental Impact Statements.
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman OJivas
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JULY 2, 1991
16.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
refund of $2,254.00 to Charles Simmons, which sum is the difference between the
inspection fee he paid based upon his original minor subdivis'on bond estimate of
$219,507.00 in 1989, and the reduced minor subdivision bond estimate of $181,941.00
as adopted by the Southold Town Planning Board on June 24, 1991. (Inspection
fee paid was $13,170.00-6% of the $219,507.00 bond estimate; reduced bond estimate
of $181,941.00 requires an inspection fee of $10,916.00, thus the requested refund
of $2,254.00.)
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $492.00 (42 tickets at $11.00 each, 2 handi-
capped seats at $14.00 each, plus $2.00 postage and handling) for the August 6,
1991 New York Mets game; said check made payable to the New York Mets; said
charge to be made to A7320.4, Joint Youth, Contractual Expenses.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared, duly ADOPTED.
18.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute the 1991 Agreement bet. ween the Town
of Southold and the North Fork Housing Alliance, as part of the 1991 Community
Deveopment Block Grant Program; said agreement subject to the approval of the
Town Attorney.
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Councilwoman Oliva, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby declares the week
of Sunday, July 14, 1991 to Sunday, July 21, 1991 as "SOUTHOLD U.S./U.K.
COUNTRYSIDE STEWARDSHIP EXCHANGE WEEK" in the Town of Southold.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M.,
Wednesday, July 17, 1991, Southold Town Hall, Main Road, Southold, New York,
as time and place for a public hearing on a proposed "Local Law in Relation to
Off Street Parkincj," which reads as follows:
A Loc.al Law in Relation to Off Street Parking Regulations
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-191(Q) (1) (a) (Commercial Vehicles) is hereby
amended to read as follows:
la) One (1) commercial vehicle not exceeding t-wen-t¥--fi~e-(-~)-
ee~l~ied-~t-~--a~n~-~e~H~nee-di~-Pei~, twenty (20) feet
in length may be parked in the driveway on an occupied lot
in any residence district except that one (1) commercial
vehicle not exceedinc~ twenty-five (25) feet in lencjth may
be parked in the driveway on an occupied lot in any
residence district provided that the owner of the occupied
lot has continuosly maintained title to such vehicle since
the date of the enactment of this amendment.
II. This Local Law shall take effect upon its filirig ~|th the Secretary of State.
*Overstrike represents deletion(s)
**Underscore represents addition(s)
20.-Vote of the Town Board: Ayes: Councilman Wickhan~, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
COUNCILMAN PENNY: Just for a clarification, we are reducing, for all intents
and purposes, the size of commercial vehicles from the existing, which is 25 feet,
which may currently be parked in that same driveway.
JULY 2, 1991
9
21 .-Moved by Councilman Penny, seconded by by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:02 P.M.,
Wednesday, July 17, 1991, Southold Town Hall, Main Road, Southold, New York,
as time and place for a public hearing on a proposed- "Local Law in Relation to
Sic]ns,', which reads as follows:
A Local Law in Relation to Sign Regulations
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-31(C)(9)(a) is hereby amended to read as follows:
Not more than two (2) nonilluminated nameplates containing only
names or professional signs eaeh-n~-m~m~e--tt~r-t~t~-(~2-)--s-e~u~t-e
feet--it~i-~mea-. containing only name and' professional desiqnation
as defined under Home Professional Office as set forth in this
article; each nameplate and/or professional sicjn not to exceed
two (2) square feet in area.
II. This LOcal Law shall take effect upon its filing with the Secretary, of State.
* Overstrike represents deletion(s)
**Underscore represents addition(s)
COUNCILMAN PENNY: Once again, for clarification, this is just to clarify to the
public, what already eXiSts in the Town Code, and was reenforced by the Town
Attorney, that only names, and professional designations shall appear on residential
signs.
21.
-Vote of the Town Board: Ayes: Coupcilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby agrees to assume
the cost of the cjasoline and cost of the insurance rider, in an amount not to
exceed $150.00, for the bus being donated by Sunrise Coach Lines for the Southold
Town Youth Board'S trip to Smith Point Park, Shirley, New York, on July 17, 1991
(~'aindate - July 18, 1991).
22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Amended November 26, 1991 by Res. #28
23.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Insurance Consultant William Mullen to have the Town's General Liability Insurance
changed from a claims made form to an occurrence form, effective immediately, at
a cost not to exceed $35,000.00.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I might add that this change would help Southold in the
future, when it comes to money saved for claims made against it as far as insurance
cases go.
24.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby engage the services
of Edward P. Sharretts, Exq. to research the Andros Patent on the behalf of the
Town of Southold, at a cost. not to exceed $1,000.00.
24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time we'll take a recess, an'd go into a public hearing,
that we have in Relation to Removal of Excess Topsoil. We need a motion.
Moved by Councilman Wickham, seconded by Justice'E~w~rds, it was
RESOLVED that a recess be called at this time 4:30 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meetinq reconvened at 4:35 P.M.
SUPERVISOR HARRIS: We will resume back to our resolutions. Would the Town
Board like to move on the last Local Law?
JULY 2, 1991
25.-Moved by Councilman Penny, seconded by Councilman Wickham,
WHEREAS, a proposed Local Law No. 15 - 1991 entitled, "A Local Law in Relation
to Removal of Excess Topsoil", was introduced at a meeting of this Board held on
June 18, 1991; and
WHEREAS, a public hearing was held thereon by this Board on the 2nd day of
July, 1991, at which time all interested persons were given an opportunity to be
heard thereon; now, therefore, be it
RESOLVED that Local Law No. 15 - 1991 be enacted as follows:
LOCAL LAW NO. 15 - 1991
A Local Law in Relation to Removal of Excess Topsoil
BE IT ENACTED, by the Town Board of the Town'of Southold as follows:
I. Chapter 81 (Soil Removal) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 81 (Soil Removal) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 81-4(E) is hereby amended to read as follows: '
Removal of excess topsoil or other earth from the area of a
subdivision plat, or from one area of such plat to another
area thereof, when authorized by a special order in writing
issued by authority of the :t'~,~r~-t3~ Planning] Board.
II. This Local Law shall take effect upon its filing with the Secretary of State.
*Overstrike represents dele'tion[s)
**Underscore represents addition(s)
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, 'Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Councilman Wickham~ seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authories the
expenditure of an amount not to exceed $850.00 for the cost of transportation
for the Southold Town Solid Waste Management Task Force members to travel to
Albany, New York, on June 18, 1991 to meet with members of the New York State
L. egislature and officials of the New York State Department of Environmental Con-
servation.
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: That ends the regular portion of our agenda. Are there
any members that would like to speak to this Board in reference to any matter,
that they feel may be important for us to know about? (No response.) If not, are
there any members of the Board, that would like to do any reports at this time?
COUNCILWOMAN OLIVA: I was just talking to Jim Bunchuck from the landfill,
and I'm pleasedto say that the numbers look as though they're up for recycling
for the month of June. The percentages he hasn't worked out yet, but I, again,
would like to strongly urge everybody to come into compliance with the recycling,
because we only have another six months to go before the State mandates that it
has to be mandatory, and then we will have to really start enforcing it. So, this
is the time to get your act together. Learn how to do it, and find out that it's
not that difficult, and you're saving the town money. Thank you.
SUPERVISOR HARRIS: Thank you, Ruth. Judge Edwards?
JUSTICE EDWARDS: i'd like to make a little statement. A week ago, Saturday
Supervisor Harris came over to Fishers Island, and gave a short address to the
Senior Class. He, also, make a scholarship presentation, and going back to the
record, it's the first time the Supervisor from Southold Town has attended any
graduation ceremonies on Fishers Island, and the Island did appreciate his visit.
Thank you.
SUPERVISOR HARRIS: Thank you. 'Councilman Wi~kh~am?
COUNCILMAN WICKHAM: I'd like to comment very briefly on'this meeting, that
occurred on June lSth. We had several members of our Task Force, who traveled
to Albany specifically to meet with the Legislature, and with DEC officials, regarding
the Town's progress in meeting the requirements of Part 360, regarding the landfill.
It was a very positive meeting, in particular with the Legislature. We met With
the chief counsel from the Assembly, Leader Mel Miller, and this Council is, also,
a key council to the Legislative Commission on Solid Waste, and the conclusions
from that meeting were, it was the first time they had met with towns, who had
come all the way to Albany, who were interested in-trying to find a way of
compliance in conformity with the law, yet recognizing the particular situations
that this town has. -We left with the impression, that they do everything they
could to find ways to interpret the law, have the DEC interpret the law constanent
with the requirements of this town. We were not lobbying to simply do away with
the law, or to avoid the imposition of the law on the Town. We were seeking an
interpretation of the law, that's consistent with the town's interest, and would
not bankrupt the town. We were impressed, pleasedwith the progress. I wasn't
persona__l|yon that trip, but the report that came back was very positive, and we
expect to have continued dialogue with the Legislature.
SUPERVISOR HARRIS: Thank you. Councilman Penny?
COUNCILMAN PENNY: On July 11th, we'll have our Legislative Committee meeting,
and we'll be dealing with the last concern that was brought up in the Home Occupa-
tion Code, that we adopted, and we will be discussing enforcement, and the
Building Inspector should be there to be able to clarify any'questions, that may
be in that area.
SUPERVISOR HARRIS: With the July 4th holiday coming up, I'd like to wish
everybody a Happy Independence Day, and also, ask you to please proudly display
your American Flag, and of ~course don't forget the Southold Town Flag underneath
it, and I'd like to implore to drive safely, and may God Bless, enjoy the Holiday.
JUSTICE EDWARDS: One other notic.e, Scott, you brought up the flag. My
daughter sent me from California for 'Father's Day, an American Flag for the
express desire to be put in my office. It's there.
SUPERVISOR HARRIS: I need a motion to adjourn.
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board be and hereby is adjourned at 4:45 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris:
This resolution was declared duly ADOPTED.
Southold Town Cler~